MINUTES OF THE MEETING OF THE CITY COUNCIL


				Wichita, Kansas, July 14, 1998
				        Tuesday,  9:10 A.M.
 
		The City Council met in regular session with Mayor Knight in the Chair. 
Council Members Cole, Gale, Lambke, Rogers; present. *Council Members Ferris, 
Kamen; absent.

		Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat 
Burnett, City Clerk; present.

		The invocation was given by Rev. Gary Cox, Associate Minister, University 
Congregational Church.
	
		The pledge of allegiance to the flag was participated in by the Council 
Members, staff, and guests.

Minutes -- approved	The minutes of the regular meeting of July 7, 1998, were approved 5 to 0. (Ferris, 
Kamen; absent)



	AWARDS AND PRESENTATIONS

Mayor Knight	Mayor Knight presented the proclamation previously approved.

	*Council Member Kamen present.



	NEW BUSINESS

WATER PETITION	PETITION FOR WATER DISTRIBUTION SYSTEM TO SERVE AN AREA ALONG DORIS STREET, 
BETWEEN 3RD AND NEWELL.  (District IV)

Mike Lindebak	City Engineer reviewed the Item.

	Agenda Report No. 98-621.
	
	The Petition has been signed by 24 of 42 owners representing 48% of the 
improvement district area.  CPO Council 4 considered the Petition on June 11, 
1998.  The Council voted 7-0 to recommend approval. 

	The project will provide City water service to an area of single family homes.  

	The estimated project cost is $75,000, with the total assessed to the improvement 
district.  The method of assessment is the square foot basis.  The estimated rate 
of assessment to individual properties is $00.18 per square foot of ownership. 

Mayor Knight	Mayor Knight inquired whether anyone wished to be heard and no one appeared.

Motion --	Gale moved that the Petition be approved and the Resolution be adopted; and
       -- carried	Staff be authorized to select a design engineer.  Motion carried 6 to 0.  (Ferris 
absent)

				RESOLUTION NO. R-98-291

Resolution of findings of advisability and Resolution authorizing construction of 
Water Distribution system Number 448-89277 (along Doris, between Third and Newell) 
in the City of Wichita, Kansas, pursuant to findings of advisability made by the 
Governing Body of the City of Wichita, Kansas, presented.  Knight moved that the 
Resolution be adopted.  Motion carried 7 to 0.  Yeas: Cole, Gale, Kamen, Lambke, 
Rogers, Knight.
	


MERIDIAN IMPROVEMENT	MERIDIAN IMPROVEMENT FROM I-235 FREEWAY TO THE NORTH CITY LIMITS. 
	(District VI)

Mike Lindebak	City Engineer reviewed the Item.


	Agenda Report No. 98-622.

	The Capital Improvement Program includes a project to upgrade Meridian from the I- 
235 Freeway to the North City Limits (CIP No. MS-9410, page 72).  CPO Council 6 
considered the project on June 24, 1998.  The Council voted 7-0 to recommend 
approval with the addition of a center left turn lane at 42nd Street North and 
entrance to the church located at 42nd Street North. 

	The project consists of widening Meridian to provide four through lanes of traffic 
and left turn lanes at several side streets.  The work is scheduled to begin next 
spring.  

	The estimated project cost is $2,500,000, with $750,000 paid by the City of 
Wichita and $1,750,000 by Federal grants administered by the Kansas Department of 
Transportation.  The funding source for the City share is General Obligation 
bonds. 

	*Council Member Ferris present.

Mayor Knight	Mayor Knight inquired whether anyone wished to be heard and no one appeared.  

Motion --	Cole moved that the project be approved and the Ordinance be placed on
       -- carried	first reading.  Motion carried 7 to 0.

				ORDINANCE

	An Ordinance declaring Meridian, from the I-235 Freeway to the north City limits 
of Wichita (472-82957) to be main trafficways within the City of Wichita, Kansas; 
declaring the necessity of and authorizing certain improvements on said main 
trafficway; and setting forth the nature of said improvements, the estimated costs 
thereof and the manner of payment of the same, introduced and under the rules laid 
over.
		

TAXICAB OPERATING PERMIT	APPLICATION FOR TAXICAB OPERATING PERMIT - ABC TAXICAB.

Chris Cherches	City Manager reviewed the Item.

	Agenda Report No. 98-623.

	Mr. Elijah Karambizi submitted a proposal to start a new taxicab service, the ABC 
Taxicab Company, Inc.  Evidence has been provided that Mr. Karambizi is prepared 
to comply with each of the requirements outlined in City Code; however, he has 
asked that he be allowed to present his request to the City Council for an 
indication of support for another taxicab service in the City before he actually 
expends funds to purchase vehicles and insurance.

	The Wichita Convention and Visitors Bureau and the Wichita Transit Advisory Board 
have expressed support for the additional service.

	The applicant has total responsibility for all financial obligations in connection 
with the taxicab service.  Review of financial statements and proposed funding 
sources may be required.

	The City Attorney has reviewed a specimen insurance policy.  The actual policy 
must be reviewed and approved prior to issuance of the operating permit.

	Council Member Ferris left the Bench.

Mayor Knight	Mayor Knight inquired whether anyone wished to be heard and no one appeared.

Council Member Rogers	Council Member Rogers said concern has been expressed from business people in 
District I because, for various reasons, taxicab companies have refused to provide 
service in District I during certain hours.

Gary Rebenstorf	Director of Law said complaints could be directed to the Transit Authority; the 
Transit Authority would then discuss the matter with the cab company and proceed 
as necessary.  Procedures are in place for suspend or revoke licenses.

Motion --	Knight moved that the taxicab operating permit for ABC Taxicab
       -- carried	Company, Inc. be approved subject to conditions.  Motion carried 6 to 0.  (Ferris 
absent)




LEGISLATIVE TOPICS	LEGISLATIVE INTERIM COMMITTEE 
STUDY TOPICS.

	Council Member Ferris present.

Mike Taylor	Government Relations Director reviewed the Item.

	Agenda Report No. 98-624.

Annually, after the adjournment of a Legislative session, the Kansas Legislature 
establishes special joint committees to study issues raised during the session and 
make recommendations for future legislative action.  After the committees hold 
hearings and conduct research, they draft Interim Study Reports on their findings 
and recommendations.  Often these reports include proposed legislation that is 
considered during the next Legislative session.  The 1998 Interim Study Committee 
assignments have now been made.  

Interim Legislative Committees will be studying a number of topics this Summer and 
Fall in preparation for the 1999 Legislative Session.  City Staff has identified 
several study topics scheduled for Interim hearings on which the City of Wichita 
may have an interest.  The City monitored or already has taken a position on some 
of these issues which were addressed but unresolved during the last session.

It is recommended that the City be prepared to provide information or take 
positions on the following topics:

	1.	Retail wheeling -- tax implications (Special Committee on Assessment and 
Taxation).  The City should remain an interested player in the electrical 
retail wheeling issue.  The first hearing is scheduled for July 30.

	2.	Taxing municipal and rural water districts -- sales tax (Special Committee 
on Assessment and Taxation).  The levy of sales tax on purchases by the 
Water utility has been of concern to the City for several years.  The City 
is scheduled to provide testimony consistent with the City’s prior position 
at the first hearing for this topic scheduled for July 30.

	3.	Recodification of state liquor laws.  Strengthening state enforcement of 
liquor laws  (Special Committee on Federal and State Affairs).  These two 
separate topics may overlap, and Staff feels they should be followed.  They 
arise out of legislation considered at the last session.  There is a 
potential that new legislation could impact or preempt local regulation.

	4.	State policy on expungement of records (Special Committee on Judiciary). 
Legislation enacted in the last session has impacted the Municipal Court’s 
handling of expungement of criminal records.  The City should continue to 
stay involved in this issue.

	5.	City-county consolidation (Special Committee on Local Government).  This 
topic is one in which the Council has a continuing interest.

City staff will follow the hearings and review the research prepared on these 
topics.  Mike Taylor or other staff and officials will be called upon to provide 
testimony or propose legislation where appropriate. 
  
Many of these issues could have future financial impacts upon the City.

The legislative recommendations that may result from these interim studies have 
the potential to directly impact the City and its operations.

Council Member Cole	Council Member Cole spoke in favor of an effort to remove sales tax from 
commercial construction.

Mike Taylor	Government Relations Director responded that, while commercial construction sales 
tax is not one of the summer topics, it could be included on the Agenda for next 
January.

Mayor Knight	Mayor Knight said retail wheeling is a concern and his real concern is with rate 
parity.  Retail wheeling may be one of the vehicles that would drive the question 
of equal rates throughout the State.

	Western Resources and Kansas City Power and Light (KPL) are going before the 
Kansas Corporation Commission (KCC) for merger authority.  This is another 
opportunity for the City to become an very aggressive participant.  As the largest 
city in the KGE service area, Wichita is a dominant part and the City’s opinions 
would matter to the KCC on the merger.

	


	A week or two ago, during very hot weather and apparent insufficient power, 
commercial users were required to reduce power usage.  This only highlights that 
Wolfcreek is not being utilized exclusively for the KGE service area.  The use of 
very creative accounting techniques employed to justify people in Wichita and 
Southeast Kansas absorbing the total cost of Wolf Creek is becoming impossible to 
justify.

	It is hoped the City will be filing whatever is necessary to be participants in 
the full merger process.

Mike Taylor	Governmental Relations Director, responding to a question about retail wheeling, 
explained that outside electric companies could use KGE distribution lines within 
the City.  KGE would continue to maintain the lines and would place an additional 
charge to the outside company for use of KGE lines.

Council Member Cole	Council Member Cole, regarding the recent power outage, said there needs to be 
talks about the information process to citizens and how it can be handled 
differently and better.  Perhaps the City should be a participant in the 
notification process.

	There was no further action on this Item.


1999-2000 BUDGET	PUBLIC COMMENT ON THE 1999-2000 BUDGET.

	Council Member Kamen momentarily absent.

Chris Cherches	City Manager stated that some of the goals used by Staff as a guide through the 
budget process included:
	
	1.	To ensure that those priorities that have been voiced by the Governing Body 
over the period of the current fiscal year are implemented and addressed.

	2.	Make every effort to hold the line and create a balanced budget which would 
again not necessitate a tax increase again, representing the sixth straight 
year with no tax increase.

	3.	Attempt to do everything possible to provide Staff with the tools to 
increase  efficiency, improve services, and to support innovation and 
creativity in carrying out public service delivery.  And, to make every 
effort to avoid future cost liabilities by programming services that 
continue to be funded.

	4.	To address the crucial and highest priority - to improve customer service 
by the City Government.

	The budget sets the stage for operations, not only in 1999, but into the new 
century; and represents a fiscal plan that will put the City in the position to 
address those challenges it will face in the years to come, perhaps when the 
economy will not be as good as it is today.  The budget represents Staff’s best 
efforts in trying to provide the City Council with a document that will provide a 
framework for decision making for the future.

	Mayor Knight momentarily absent with Vice Mayor Gale in the Chair.

Ray Trail	Director of Finance reviewed the proposed 1999, and beyond, Budget.

	This budget will propose a 1999 Budget.  Beyond 1999, the City previously adopted 
a practice of doing a two-year budget.  Also projected are the likely 
circumstances in the fiscal year 2000.

	This year, citizen input on the front-end of the process, as well as the time 
frames here and in subsequent Council meetings for citizen comment on the budget 
proposal, was utilized to a great degree.  Results of a commissioned citizen 
survey were utilized by the City Manager in promulgating guidelines to Staff, by 
Finance Staff, and by the Budget Review Cabinet.  For the first time, the Idea 
Center, where people are brought together to brain-storm, was utilized.  More 
traditional techniques were also used to survey the attitudes and solicit ideas 
from various neighborhood and community leaders in developing ideas they might 
have for the budget. 

	The combined input from all efforts resulted in an emphasis on community policing, 
a continuation of which will be seen in the proposed Budget.  A  desire for 
certain quality of life services, parks, libraries, youth was also emphasized and 
an attempt has been made to directly impact those types of things.  Enhancement


	and expansion of street and right-of-way maintenance was also desired and 
this is also addressed in the proposed  Budget.  Also 
addressed were certain types of neighborhood services 
such as code enforcement and street lighting. 

	Beyond citizen input, the budget involves department submittal of proposals to the 
Finance Office which, in turn, takes the proposals to a budget review cabinet (a 
group of senior executives outside of Finance) for review, and then to the City 
Manager.

	At this point, the Council has the City Manager’s proposed budget.

	Budget Guidelines:
	•	Provide no property tax increase.
	•	Develop a balanced budget.
	•	Continue the Public Safety Initiative.
	•	Enhance maintenance activities, especially streets.
	•	Invest in youth programs and services.
	•	Look at ways to directly serve newly annexed areas in a very 
visible way.
	•	Using one-time expenses to reduce future costs.
	•	Avoid increasing recurring costs.

The economy is in an “Up” cycle.  1998 remains very favorable and has positioned 
the City to invest in some one-time capital expenditures in addition to ongoing 
budget costs.  1999 also looks favorable and a balanced budget is proposed.

	While the year 2000, at this point in time, appears to be a balanced budget, (and 
it is felt a balanced budget is very attainable) the budget is tightening and the 
City’s revenue stream may not grow in future years beyond the year 2000 to the 
extent that the expenditure side may grow as a result of various costs the City 
will have.

	The City has a diverse revenue stream with property and motor vehicle taxes still 
representing a very large component of City’s revenue stream.  The City has worked 
hard to diversity and to rely on other revenue sources.

	There is no property tax increase proposed for 1999, and there is no sewer rate 
increase proposed for 1999 (a change from prior projections).  There is a water 
rate increase (5 percent), the first since 1995.

	There are golf fee adjustments to be fine-tuned and presented to the City Council 
prior to completing the budget process.

	No change is anticipated in Central Inspection Fees, even after a ten percent fee 
reduction in 1998.

	A small Municipal Court fee adjustment for late fees is proposed.

	Based on independent actuarial review, there is a reduction in employer pension 
costs in the Police and Fire Fund, from 17.5 percent to 15.9 percent of payroll.  

	Finally, there is pending before the Health Board, a potential day-care license 
fee increase.

	The City continues to invest the largest amount of its money in public safety 
services, followed by debt service costs, and then by business service operations 
such as Water and Sewer, and some other enterprise activity.  Public Works is also 
a key component.  The City also spends a large amount of money for quality of life 
activities such as park, library, Art Museum, and other services.

	This budget continues the Public Safety Initiative which added 112 police officers 
on the street, as well as support personnel in police, court, and law. While the 
number of police on the street is not increased in the City’s Budget, there is an 
increase because grant funding is declining, and will represent an increase of $2 
million in obligation for local financing to sustain those police officers in the 
field.  Two million dollars is more than one mill on the tax levy. There will be 
an additional amount in year 2000, probably another $1.5 million.  In a two-year 
period of time in this budget, 1999 and 2000, the City will be absorbing the 
equivalent cost of approximately two or more mills equivalency in taxes to sustain 
the Public Safety Initiative.

	In Municipal Court, there is an increase in staff of six positions.  Two of those 
positions will be in the records area to provide better customer service and case 
management.  Four of the positions will directly impact the warrant function 
where, currently, four warrant officers are involved in transport of prisoners 
from the County jail to Municipal Court and back.  




	There is a new police case digital records system which allows police officers in 
the field to call in reports and having them recorded and logged digitally so the 
reports can be identified, secured, and provided to prosecutors and the court 
system on a more rapid basis.

	A youth program and services type initiative is proposed in the budget.  The 
hallmark of this is a one-time allocation of $1 million which will provide for 
virtually a 100 percent replacement of all playground equipment in the community. 
Standards have changed with respect to playground equipment and this is an effort 
to provide newer and safer playground equipment. 

	A program started in 1997, which was anticipated to be a one-time allocation, is 
proposed to be continued with $100,000 included to enhance and expand the 
library’s collection of children’s books and materials.  And, an anticipated one- 
time expense of at-risk youth recreation programs will become an on-going 
expenditure in the Park budget.  This may be done by Park or by working with the 
Recreational Alliance and others in the community to provide those services.

	The Annexation Services Initiative is an effort to respond to the necessity of 
providing those direct services to newly annexed areas.  The Initiative provides 
Public Works with $300,000 a year to go into newly annexed areas and examine and 
improve any street systems.  It also adds a three-person crew and support costs 
for maintenance activities including right-of-way maintenance and mowing services. 
It provides an additional $50,000 for neighborhood cleanup activities.

	Finally, because the public safety services has been the most dramatically 
affected by the continuing annexation, it has become necessary to look at re- 
deploying fire personnel so that they are located in the right places in the City 
to provide a response time in the community that matches the standards of a five- 
minute response time.  This would be in addition to those dollars that are in the 
Capital Improvement Program providing for two fire stations.  This could be a 
multi-fire station relocation program.

	There is $1 million allocated in each of the years 1998 and 1999 to expand street 
maintenance program.  Part of the financial package involving the Bayley Street 
program involves utilizing $1.2 million from the General Fund as part of a $5.5 
million City investment in the program.  

	Planning Staff has been increased by one position so that new development and 
review of new development can be expedited.  Current Plans in the Planning 
Department is currently experiencing a very heavy case load.

	Retained in the Budget, is a $300,000 allocation for financing of any of the 
activities the Council may determine later.

	The Budget will allow for resources to allow the City to expand and develop its 
Web site to be able to provide substantially more information to the public in 
Wichita as well as to develop it as a Web site for economic development purposes. 
This also is investing resources to expand the City’s efforts in what is called 
“Geographic Information System,” or “GIS.”  

	Because of the change in governance of the Art Museum, the City has over $1.1 
million in a direct endowment to the new Art Museum Board for operating costs. 
Over and above the endowment, the City is paying for on-going, daily maintenance 
functions at the Art Museum in the amount of $68,000.  And, as one-time capital 
improvements for 1999, the City will be spending $57,000 for a roof replacement, 
and $100,000 for a heating system replacement, as well as the $800,000 plus in the 
Capital Improvement Program for entrance reconstruction.

	Enhancement of other facilities is provided for with $309,000 for Century II, 
$154,000 for maintenance work at City Hall, as well as $160,000 previously 
approved by Council for the CityArts facility completion.  

	Sewer replacements are in the budget for various park facilities.

	Transit services and funding remain stable and it is thought the financial plan 
for the Transit system, as developed with Council Member Kamen’s lead, will be a 
solid plan for maintenance of services for the next five years.

	Brooks Landfill post-closure funding for the 30-year period of time looks solid 
and there is no proposal for any rate adjustments at this time. 

	The purpose of today’s Budget Item is this presentation as well as public comments 
for Council deliberations to follow in the coming weeks, leading to an August 11, 
1998, date when the Council will conduct the legal public hearing.  



Mayor Knight	Mayor Knight inquired whether 
anyone wished to be heard.

Harold Schlechtweg	Harold Schlechtweg, representing SEU Local 513, complimented the amount of fund 
placed into street maintenance.

	Mr. Schlechtweg said the three percent unemployment rate has put a strain on the 
City’s ability to fill positions. The City should look into how it can make it’s 
hiring process more efficient and into whether the City is still competitive in 
the job market.

	The City’s hiring process takes too long.  From the time departments decide to 
hire a person, it takes two weeks.  Too much time is taken to determine the 
correct process to follow.  This process should be expedited.  Many times, by the 
time the City has gone through the process, the prospective employee has found 
another position.

	Mr. Schlechtweg questions whether the City is competitive in some privatization 
areas.  An example was given of an electrical company being paid more than three 
times the current hourly city electrician wage to do a job.  If the City paid a 
competitive market rate for a City employee to do the same job, there would be a 
more than half difference in cost.  It makes more sense to pay the City 
electrician the market rate.

	Another example cited was a City worker who, after working in water in a ditch 
decided that for $8 per hour, the job was too hard.  

	Mr. Schlechtweg closed by stating that the hiring process should be speedier and 
that City labor rates were below market value.

Mike Oatman	Mike Oatman, Chair of the Board of Trustees for Wichita State University, 
expressed appreciation for the way the City and the University work together and 
for the interest the Council takes in the WSU facilities.

	Mr. Oatman said WSU will use the funds allocated by the City wisely.

Dr. Eugene Hughes	Dr. Eugene Hughes, President of Wichita State University, expressed appreciation 
for the working relationship and for the work done by the City Manager and Staff.

	Wichita State University goes through a process on campus, while preparing its 
budget, which involves almost every unit at WSU.  

	WSU also realizes the importance of the work done by Carlene Hill and it is 
provided for in the budget.

	Council Member Ferris momentarily absent.

Motion -- carried	Knight moved that the comments be taken under advisement.  Motion carried 7 to 0.

Council Member Gale	Council Member Gale proposed that an evening meeting be scheduled for public input 
regarding the budget.

Mayor Knight	Mayor Knight asked that Council Member Gale meet with the City Manager to 
determine an acceptable evening meeting date, the meeting to be held at City Hall.


	Council Member Rogers momentarily absent.
	

DISTRICT BOUNDARIES	APPOINTMENT OF COMMISSION OF ELECTORS TO RECOMMEND REVISIONS TO THE CITY COUNCIL 
DISTRICT BOUNDARIES.

Gary Rebenstorf	Director of Law reviewed the Item.

	Agenda Report No.98-625.

On August 14, 1990, the City Council adopted Charter Ordinance No. 126 which 
provides for the revision of City Council district boundary lines.  The City 
Council revised the district boundaries in 1992 when the 1990 Census data became 
available.  Since the 1992 revision there have been a number of annexations which 
have added land and residents to the City of Wichita.  Voters residing in these 
areas have been added to the adjacent City Council district.  These additions 
substantially increased the number of voters in several Council districts.




	Charter Ordinance No. 126 provides that if any territory annexed or 
consolidated prior to June 1 of the year - preceding a City Council election - 
shall contain qualified voters in sufficient numbers to ensure  approximate 
equality among the Council districts. A deviation of five percent (5%) or more 
will require redistricting of the City.  The next City Council elections will be 
held in March and April, 1999.

	Planning staff has evaluated the current population figures for the City of 
Wichita and determined that the current population estimates of the City is 
329,897.  This would require  an average size for each Council district to be 
approximately 54,983 persons.  The range of the permitted five percent (5%) 
deviation without redistricting would go from a low of 52,234 persons to a high of 
57,732 persons.  Of the present Council districts, District # 3 (57,464) and 
District #6 (52,517)  are within the permitted range.  However, Districts 1 
(46,642), and District 4 (50,669) fall below the range:  Districts # 2 (58,849) 
and #5 (63,756) exceed the range.

Under Charter Ordinance No. 126, the existence of Council Districts with 
populations outside the permitted range requires the City Council to redistrict.

This Charter Ordinance provides for the City Council to select a Commission of 
Electors in July, subject only to the requirement that each council district must 
have one member on the Commission.  The total number of members is not specified 
and, therefore, the City Council has the authority to appoint as many members as 
it deems appropriate.   In 1990, the City Council appointed fourteen (14) members, 
two by the Mayor and each Council.  During the  1992 redistricting, the Council 
appointed seven members to the Commission.  The Mayor selects the Chair person for 
the Commission.

The function of the Commission of Electors is to review the information regarding 
the present Council district information and make recommendations to the City 
Council regarding revised district boundaries according to the following 
requirements:

	1.	Contain within each district a population which equals approximately one-
sixth (1/6) of the total population of the City, but which under no 
circumstances shall be greater or less than the one-sixth of the City by 
more than two percent (2%), based on the U.S. decennial census.

	2.	Maintain a reasonably compact and contiguous area in each district and 
avoid any non-contiguous zones or any unusually exaggerated extension of 
district lines.

	3.	Follow election precinct lines - as established by the Sedgwick County 
Election Commissioner - and be described in terms of the wards and 
precincts contained in each district.

	4.	Avoid use of number of registered voters by party or other partisan data.

	5.	Maintain, as much as possible, the integrity of broadly cohesive areas of 
interest and commonality.

The Commission of Electors must complete its work and make recommendations to the 
City Council at the designated time set by the City Council to permit the re- 
establish the district boundaries on or prior to December 31, 1998.

	The costs involved with this process will include staff time, materials and 
supplies,  copying costs,  postage and other such costs. An estimated budget of 
$1,500 is projected.  

	The requirements for the redrawing of the district boundaries is set forth in 
Charter Ordinance No. 126.

Mayor Knight	Mayor Knight stated that he would like each Council Member to appoint one member 
for a total of seven members, and that Jack Focht might be appointed as Chair.

Mayor Knight	Mayor Knight inquired whether anyone wished to be heard and no one appeared.

Motion --	Ferris moved that the City Council appoint a Commission of Electors comprised of 
seven members to carry out the responsibility to make recommendations on the 
revisions of Council District boundaries, and that such recommendations be 
submitted to the City Council by September 30, 1998; and the following 
appointments be approved: (Knight) Jack Focht - Chair, (Lambke) Jean Ann 
Sleichter, (Rogers) Carl Brewer, (Gale) Chris Carraher, and (Kamen) Beth King. 
       -- carried	Motion carried 7 to 0.	




	(The Council proceeded to take up the remainder of the Agenda and returned to Item 
	No. 7 later in the meeting.  Action is shown in Agenda order.)

(Item No. 7)
NORTHWEST SEWER	PUBLIC HEARING - SEWER MASTER PLAN: NORTHWEST WICHITA ALTERNATIVES. (District V)

David Warren	Director of Water and Sewer reviewed the Item.

Mike Shoemaker	Mike Shoemaker, PEC, reviewed the options.

	Agenda Report No. 98-626.

	Growth in the Northwest Wichita area has been greater than anticipated in recent 
years. In response to this rapid growth, the City Council authorized retaining the 
firm of Brown and Caldwell to assist Staff in the development of a plan to meet 
current and projected sanitary sewer treatment needs.  An independent evaluation 
of the sewer system indicates that the area sewer system could overload and the 
sewage collection system capacity be unable to accommodate the growth that is 
occurring.  A comprehensive plan with improvement options has been presented to 
the City which will  provide for the efficient and effective long-term sewer 
system needs of the area for the next 20 years. The Northwest Sewer Master Plan 
has been evaluated by Staff and is being presented to the City Council on July 
14th.

	The recommendation of Brown and Caldwell Engineering is for the City to invest in 
wastewater facilities to serve the current and projected growth in the Northwest 
area.  Following its evaluation, the Engineers indicated that because of the 
distance wastewater must be transported (to the existing treatment plants) 
combined with the lack of adequate capacity in some of the transmission mains, 
that the most feasible approach is to evaluate treatment in Northwest Wichita 
versus new pipelines in the area.  Because of the projected growth in the 
northwestern part of the City, the recommendations contained in the Northwest 
Sewer Master Plan is to construct a new wastewater reclamation plant with pipeline 
interceptors to direct sewage flow to the new facility. This alternative was 
recommended for the following reasons:

	1.  Represents the lowest cost-benefit capital investment.
	2.  Offers the most long-term flexibility for providing service to the area.
	3.  Provides for the possibility of expanding future service areas.
 	4.   Has the availability of suitable sites for a new treatment facility.

	5.   Provides a source of non-potable water supply for the area.
 
	The Northwest Sewer Master Plan also includes improvements to the existing 
facilities (Plant #2) along with expanded sewer main construction.  The Plan 
outlines the work that must be done to continue providing an acceptable level of 
service to the Wichita community.  Unless the City wishes to consider a “no 
growth” alternative (which is not feasible), there is not a “do nothing” 
alternative.

	Without a sewer growth management plan, constraints on sewer capacity will curtail 
growth within the City and lead developers to find other means for supporting 
growth in the area, including: migration of development into outlying 
areas/municipalities, utilizing private sewer systems or package treatment plants 
which impact the environment; or creating new sewer districts. 

	The City Council will be presented with more detailed information contained in the 
Brown and Caldwell report.

	The Brown and Caldwell engineers identified two other alternatives which do not 
include constructing a new reclamation facility.  Both of the other two 
alternatives would require construction of major sewer interceptor lines to carry 
wastewater from the NW area to the City’s existing treatment facilities in south 
central Wichita.  One of these two alternatives would require construction of tank 
to hold excess flow. The cost of the pipeline alternatives were $37.4 million and 
$35.2 million respectively.  These alternatives were not considered feasible for a 
number of reasons, including the undersized piping system that exists, the 
investment required to transport wastewater across the City to Plant #2, and the 
extraordinary problems with property rights and impact on existing infrastructures 
of the City.

	On June 18, 1998, City Staff conducted an “Information Fair” for citizens on the 
major elements in the  Northwest Sewer Master Plan. The event was well attended. 
Concerns and issues expressed by many of the attendees included:

	1. Potential odor from a new wastewater treatment plant.
	2. Impact of a wastewater plant on property values.


		3. Discharge from a plant into Cowskin Creek and potential for 
flooding.
	4. Impact of plant discharge on the creek environment.
	5. Increasing growth and development of rural area.
	6.  Concern about contamination of groundwater.
	7.  Traffic related to plant operations
	8.  Closeness of plant to existing urban development.
	9.   Preferences for any plant to be constructed elsewhere. 

	Additionally, on July 7, Staff conducted a tour of STP #1, Haysville’s new STP and 
the County’s Four Mile Creek STP for interested residents of the NW area of 
Wichita.  Staff also aired an “Ask City Hall” segment on July 9 devoted entirely 
to addressing the NW Sewer Master Plan issue. 
 
	The estimated cost of the recommended option for Northwest Wichita is $28.5 
million (1997 value).  The various capital projects associated with the NW Sewer 
Master Plan would be funded from the Sewer Utility Improvement Fund and/or future 
bond issues.

	Rate adjustments will be required to pay for the proposed capital projects within 
the Master Plan.  Any rate increase will be dependent upon system growth, 
inflation, and actual costs of construction. However, preliminary estimates 
suggest a rate adjustment in the area of five (5%) percent.  Stimulated growth and 
plant equity fees are expected to offset some of the rate increase that might be 
required.  The increased cost and rate impact of implementing the proposed 
Northwest Sewer Master Plan improvements is marginal in the context of safely 
accommodating existing growth and development in the northwestern part of the City 
and in protecting the City’s normal growth service area.

	To implement the proposed Northwest Sewer Master Plan will require an amendments 
to the City's Capital Improvements Program.   Prior to such amendments, however, 
the Council will be requested to authorize the selection of a design engineer, and 
adopt the necessary authorizing amendments and resolutions.

Mike Taylor	Governmental Relations Director reviewed the public information process.

	An article was first published in a November, 1997, Wichita Eagle.  A workshop was 
held in April of 1998.  On June 12, 1998, Council Member Ferris and the Director 
of Water and Sewer held a news conference.  Informational packages were then 
mailed to residents of the area, and County and State representatives.  On June 
19, 1998, a public meeting was held and questions from the meeting were used as a 
data base.  July 7, 1998, residents of the area were provided a tour of a similar 
type project area.  At that same time, over 700 fliers, etc., were hand delivered, 
and there was media coverage.  On July 9, 1998, interviews were held on “Ask City 
Hall.”  And, on July 13, 1998, Council Member Ferris held a meeting at the 
Northwest High School.

David Warren	Director of Water and Sewer stated that during the last month of some the 
following issues have been heard over and over again:
	•	Odors
	•	Property Values
	•	Cowskin Creek flooding
	•	Aesthetics
	•	Development: encourages/discourages

Mike Shoemaker	Mike Shoemaker, PEC, regarding the impact of effluent on the Cowskin Creek, said 
that during normal flows, the Cowskin Creek has 69 million gallons per day (MGPD). 
The treatment plant would produce 2 MGPD to a possible of 4 MGPD, an increase of 5 
percent.  Comparisons were given through 100 year flows with all being non- 
detectable.

Mayor Knight	Mayor Knight inquired whether anyone wished to be heard.

David Warren	Director of Water and Sewer, responding to questions, explained that the water 
supply for the plant might, initially, be well water but, ultimately, City water 
would be used.  The water needs would be very limited, and would basically be for 
drinking uses.  The effluent generates all other water needs.

	Technology is constantly in a state of change with constant education to learn no 
technology.

If the facility is built, the process would take 30 to 60 days to select two to 
three sites and go through the approval process.  An additional 30 to 60 days 
would be required for acquisition of a site.  The permitting and design process 
would take six months to a year and there are still other approvals and public 
hearings.




Mike Shoemaker	Mike Shoemaker, PEC, said 
water level information would be submitted to the Kansas Division of Water 
Resources and Corps of Engineers for investigation.  If it were felt there would 
be no impact, no action would be taken but, if it were felt there would be an 
impact, more information would be requested.  KDHE determines the criteria for 
affluent discharge.

	There would be a back-up generator in case of loss of power.

Steve Lackey	Public Works Director, responding to a question regarding the levees south of the 
Cowskin and erosion, said a vast majority of the Cowskin goes through private 
development and there would be a very insignificant increase so there would be 
minimal to no affect on the banks.  The drainage basin of the Cowskin is larger 
than the City of Wichita and would experience little or no erosion problems.  

Mayor Knight	Mayor Knight inquired whether anyone wished to be heard.

James Keenan	James Keenan, representing a group comprised of homeowners and residents from over 
2,200 homes and approximately 25 housing development, subdivisions, and 
communities in west Wichita and western Sedgwick County, said the group contacted 
and conferred with engineers, experienced construction specialists, professional 
environmental and biological consultants, accountants, real estate agents, 
attorneys, and hundreds of friends and neighbors.  The group is convinced it can 
say, “Not in anyone’s backyard.”

	Mr., Keenan urged the Council to look at the alternatives and offered to help in 
any way.

Heather Blankinship	Heather Blankinship, chemist by education, worker in the field of health and 
safety with a large local oil company, and future homeowner in Creekside Estates 
(northwest of 29th North and 119th West), said there are three areas of concern: 
1) economic, 2) non-economic, and 3) possible alternatives to those presented in 
the Master Plan.

	The plan states that the present worth cost analysis is the best method for 
comparing costs of the three alternatives.  The costs of the three alternatives 
are within five percent of each other.  The plan states that alternatives should 
be considered equivalent if the cost comparison is within ten percent of each 
other.

	All three plans will require an upgrade of the existing Plant 2 at a cost of $9.2 
million to meet the capacity projected to be required in 2047.  

	With the Plant 2 upgrade, both the P2-1 and the P2-2 alternatives will meet the 
projected needs through 2047.  However, treatment facility proposed in the NP-1 
alternative will only meet the projected needs through 2020.  As it is currently 
proposed, the NP-1 alternative is not necessarily the best long-term alternative 
from an economic standpoint. 

	The conclusion that all three plans are economically equivalent is not quite 
accurate because NP-1 does not include any costs for the expansion that would be 
required in 2020 to carry it through 2047.

	Costs cited in the Master Plan are unsubstantiated by back-up documentation. Given 
construction technology advances, 1993 data compensated by a cost leveling index 
introduces questionable data manipulation and assumptions about economic 
fluctuations.

	Is the cost of construction in the current master plan accurate enough to predict 
overall projection costs?

	The plan takes a $421,000 of present worth cost credit for an unnamed use of 
reclaimed water; however, the plan fails to account for how the water would really 
be used and what potential costs would be associated with a distribution system 
for the water.

	Appropriate cost estimates to other unkowns of the plans like legal costs 
associated with litigation brought by local residents, estimated costs associated 
with potential property value losses, and fines or lawsuits associated with some 
potential environmental disaster should also be applied.

Rick Glenn	Rick Glenn, resident of northwest Wichita, said the Master Plan scores each plan 
based on ten non-economic factors including, but not limited to, community 
disruption, traffic disruption, utility conflicts, odor potential and aesthetics. 
The scores of alternatives P2-1 and NP-1 are within one percent of each other and 
must be considered as equal from a non-economic standpoint.  What is the basis for 
the statement that the flow system upgrade alternatives are more disruptive than 
the sewage treatment plant alternative.



	At the June 13, 1998, neighborhood meeting, Council Member Ferris stated that 
moving the sewage the long distance from northwest Wichita to Plant 2 in south 
Wichita might unfairly impose on the residents adjacent to Plant 2 by making the 
smell worse.  Actually, Alternative P2-1 received the highest raging possible in 
the non-economic analysis for odor potential.  The plan states that this 
alternative “adds little odor potential to the City’s wastewater system.” and, 
thus, no additional imposition on residents adjacent to Plant 2.

	The Plan states that special studies and land acquisition costs are not 
predictable and are not included within the unit costs.  City experts have held in 
public comment that the land acquisition costs will be minimal compared to the 
overall costs of the waste treatment plant alternative.  However, special studies 
such as an environmental impact study for the Cowskin Creek could potentially have 
much larger impacts.  In fact, the master plan spends little time discussing the 
impact to the Cowskin and the possible consequences of biological loading, fecal 
coliform bacterial blooms, and other negative impacts like phosphorus loading 
which can interrupt the natural current balance of the creek.

	Residents have been told that the effluent from a wastewater treatment plant of 
this size will have a minimal effect on the water level in the Cowskin Creek. 
Residents living near the Cowskin start worrying when something as insignificant 
as a three “ rain are going to be hard to convince of this fact.  If the level of 
the Cowskin is raised by the stated 7/8", the residents will have to start 
worrying about 2" rains.  Furthermore, the 7/8" value is unsubstantiated to the 
public in that there is no supporting documentation for this in the Master Plan.

	Continued development in the Cowskin drainage basin and changes in land use will 
also modify flow regimes.  Development has a tendency to channelize the stream 
basin, so current morphology will be changed.  Long-term impacts may make large 
discharges a much more significant impact.

	There are a number of areas along the Cowskin where the creek narrows.  Water 
levels in these areas will rise significantly higher than the 7/8" average that 
has been indicated.  What additional flood protection will homeowners be given? 
What compensation will be given for additional erosion in these areas.  Has the 
potential necessity of dredging the Cowskin at some future point been taken into 
account to address these effect?  What is the environmental impact of this kind of 
activity?

The Plan uses population estimates as a basis for justification for action 
regarding the sewer situation in west Wichita and to predict sewage flows; 
however, the plan states that there is no differentiation from industrial and 
commercial sources from residential sources.  It is assumed that, for zoning 
purposes, a wastewater treatment plant will have industrial zoning.  Observation 
shows that the best way to win a zoning variance for future land use is to point 
out that adjacent properties already carry the appropriate zoning.  It is a 
concern that in the long-term the potential genesis for the development of an 
industrial center in an area that has historically been targeted as residential.

Deena Glenn	Deena Glenn, attorney in the Wichita area and resident of northwest Wichita, 
presented alternatives that have not been presented by Staff:

	1) 	Actual pipeline construction techniques were not delineated in the Master 
Plan so it was not possible to determine if the most cost effective pipeline 
construction techniques are being utilized.  A concept known as trenchless 
excavation, using the same present worth costs categories and non-economic 
evaluation as the master plan to calculate, is calculated to cost an estimated 
present worth cost of $22,954,840 for Alternative P2-1.  This represents a cost 
savings over the proposal in the Master Plan of more than $7 million.

The non-economic evaluation of the trenchless excavation variation to P2-1 
resulted with a score of 178 out of the maximum 182.5 possible.  The value is 
statistically higher than the currently proposed P2-1 and NP-1 alternatives. There 
are contractors in the region that can provide the technology and services.  

	2) 	There was no discussion in the Plan for alternative locations; however, 
Brooks Landfill is an area that might be worthy of consideration for the following 
reasons: 1) It is still located in Basin #4 of the Plan.  2) The area is already 
negatively impacted for potential future development due to the pollution 
emanating from the landfill.  While this alternative may transfer the concern 
about the impact of a treatment facility from area to another, this area would 
have less potential negative impact than the area north and west of 119th and 21st 
Streets.  3) The plant facilities could serve a dual purpose for sewage and 
environmental clean-up.  It is feasible that water could be pumped from the 
impacted groundwater, treated, and then replaced in the aquifer via injection 
wells.  This would have the added benefit of not only providing a long-term plan


	to deal with Brooks Landfill and its environmental clean-up, but would also 
help with groundwater recharge in the area.  The 
technique of utilizing wastewater treatment plant 
effluents for groundwater recharge is already being 
successfully done in other communities.

	3)	Another alternative involves use of pressurized sewage lines for delivery 
to Plant 2 that would utilize the easement along the Big Ditch.  This alternative 
refutes the Water Department’s statement that sewage could not be moved the 
distance needed, without the product going septic (making an extreme odor) from 
29th Street North to Plant 2 location on 55th Street South.

Further inquiry provided information that if sewage is moved at a minimum of 2.5 
to 3 feet per second, in a closed pressurized line, the sewage could be 
transported from 29th Street North to the interceptor forced main which crosses 
Hoover Road on 31st Street South, or could continue on around the Big Ditch in the 
easement area west of the western dike to 55th Street South.  This is an 
approximate distance of 15 miles.  The sewage, under pressure, would reach the 
south plant in approximately 7.3 hours.  An approximate estimate for this dance is 
that two pump stations would be required for the 15 miles of pressure line.  This 
information was confirmed by a wastewater management engineering firm.  The 
formula from the engineer was: 15 miles x 5,280 feet + 79,200 feet; 79,200'/3' per 
second = 26,400 second = 7.3 hours.

The flow rate is the same regardless of pipe size.  The flow rate is designed to 
keep the solids suspended in transit.  This alternative should be extremely 
attractive to south Wichita because the length of time in the sewer lines is what 
creates such a tremendous smell.  The use of pressurized pipes could drastically 
reduce the smell in south Wichita.

	If a large pressure line were installed along the ditch where there is already 
right-of-way available without disrupting traffic, backyards, landscaped areas, 
etc., all present systems west of the Wichita-Valley Center Floodway could be tied 
in at various points and effectively move the sewage from the west side to the 
south plant.  The precedent has been set by the Park City pressurized sewer line 
and the interceptor line shown on the Master Plan dated April, 1998.  The south 
plant has more than enough acreage to expand its facilities to handle the ever 
increasing growth of the northwest, west, and southwest areas of town.
	
Ron Fisher	Ron Fisher said there are some guarantees that cannot be given: 1) It cannot be 
promised or guaranteed that solid waste will not be treated at the northwest 
plant.  It is unknown what the expansion would be in 50 years, or what the people 
who succeed current staff and Council would propose.  2) It cannot be promised 
what the effluent material from Brooks Landfill will not be sent to the northwest. 
There are no guarantees that life will not be occurring with the effluent 
materials at the northwest plant.  3) It can not be predicted or precluded that 
excess waste or accidental spills will not occur.  These spills would go into the 
effluent and into the Cowskin.
4) It cannot be guaranteed that the biological loading of the Cowskin, during 
times of stagnation, will not cause some type of biological bloom of oxygen 
depleting bacteria or algae which will kill the natural flora and fauna of the 
Cowskin.  5) No one can guarantee that there will not be a negative impact on the 
values of homes.  

	Council Member Rogers momentarily absent.

Jeannie Buckner	Jeannie Buckner stated that the following qualities were what her family looked 
for as ideal property: 1) excellent resale value; 2) natural beauty backed onto 
the Cowskin Creek, 3) clean feel of country living in the city; 4) a small natural 
creek; and 
	5) quality of life.

	Regarding the continued erosion of the Cowskin Creek, when the creek is running 
high due to heavy rains and overflow, the water rises and spreads west.  The width 
of the creek has tripled in size on many occasions, and the depth has increased 
from approximately 3 feet to 10 feet.

	With heavier flow of water, approximately 8 feet of land has been lost in one 
section and a large hole has opened up in the south portion of the property 
exposing pipes and roots.  Numerous trees have also fallen into the creek 
curtailing the normal flow of the creek.

	Neal’s Construction gave Ms. Buckner a quote of $9,531 to construct a cement 
retaining wall to stem the erosion of the Cowskin on her property.

	


	Ms. Buckner questioned how the 7/8 “ and 1/4" increased level of water 
flow, the current erosion concerns were determined.  Also questioned were whose 
responsibility it would be to keep the creek clean of trees and debris, and whose 
responsibility it would be to build retaining walls in order to protect properties 
from further erosion.

	A successful real estate agent stated that if the wastewater facility is built it 
would cause a “fairly significant” loss of property value.  There would be a 
negative impact on resale values and new housing development.  It would be the 
real estate agent’s responsibility to disclose the wastewater plant, if approved, 
and it is considered that this could very likely affect the buyer’s choice of 
property.

David McCall	David McCall said he had lived on the Cowskin since 1953 and has lost ten to 
twelve feet of bank which continues to recede.

	Mr. McCall said the City needs to look into up-stream situations, and asked why 
the Big Ditch is not used for overflow.

Tim Garroutte	Tim Garroutte said the Master Plan has some errors.  The Plan states the soil in 
northwest Wichita is sandy.  While this may be true in drainage area 2, the other 
drainage areas are mainly clay.

	The annual flow rates to plant 1 and Plant 2 have decreased over the past few 
years and the City anticipates the future flow rates will decrease.  The old 
facilities have more capacity.

	The Master Plan mentions possible golf course use of reclaimed water but the Plan 
does not mention the cost of pumping the water from t he plant to the golf course.

	City personnel have said the City plans to purchase 60 to acres.  Since the plant 
will take only 5 acres, is the extra land for expansion.
		In 1960, Plant 2 was built for secondary treatment of Plant 1.
		In 1969, Plant 2 was expanded as a primary treatment facility.
		In 1984, Plant 2 was again expanded.
		In 1988, Plant 2 as again expanded and upgraded to increase 
its solids processing capabilities.

Alternative P2-1 would have better water quality.  The Master Plan states that NP- 
1 will have less community disruption because the proposed site for NP-1 is less 
populated than the area around Plant 2.  Actually, the area around Plant 2 is 
lightly populated.  The area for the proposed Northwest Plant is densely 
populated.  The houses are next to each other.  P2-1 is easier to implement.  Plan 
P2-1 has less potential for odor.

	The aesthetics were rated equal - Plant 2 is not a pretty place.

	The following are reasons to build the wastewater treatment facility at the Brooks 
Landfill: 1) The City owns the land.  2) The elevation of the land is lower than 
any other part of northwest Wichita.  3) Central location making installing the 
lines easier.  4) It is in the direction of city growth.  5) It is next to the 
river and there could be no presumption of flooding.  6) There is no housing in 
the area.  
7) There is more land around the area in which to build a golf course.  8) If the 
plant does omit an odor, it probably will not be noticed due to the smell of the 
landfill.

Cheryl Laney	Cheryl Laney asked how she could get copies of presentations.

Mayor Knight	Mayor Knight said the presentations would be copied and made available for all.

Ralph Loehr	Ralph Loehr said the reasoning in the Master Plan that the new plant would be $8.5 
million cheaper than pipelines has been refuted - all the alternatives are nearly 
equal.  The other two alternatives were feasible for 50 years.  The odor potential 
is greater if sewage is piped has been refuted - the risk of odor is greater with 
the proposed northwest facility than with pipelines.

	All these reasons point out that there is no need for a new facility.

William Hoebener	William Hoebener said location of metro-area sewage plants has been predicated 
upon the immediate proximity of an established riverbed.  This selection process 
was engineered to compliment flood control programs and release of waste effluents 
into an open area where sunlight and natural sand bed filtration can provide an 
additional environmental contingency plan in the event of a non-treated discharge.



	A north Arkansas River site should be considered to provide sewer services for the 
additional 300,000 population growth.  This approach would assure controlled 
metropolitan growth beyond the year 2,000.  The proximity for water release and 
land for a master pipeline grid is available.

	Flooding on the Cowskin Creek is a separate issue.  The City should develop a 
flood control program for the Cowskin and the program should consider and 
incorporate the impact of future housing development, water run off, and 
residential drainage.

Starr Moore	Starr Moore, Cedar Downs Addition, said her family moved to the far northwest 
corner about five years ago to get away from Sewer Plant No.1 in Southeast 
Wichita.  Now the family is faced with the possibility of a wastewater treatment 
facility in the section directly west of their home.  Odor, stigma of living near 
a wastewater treatment facility, and the depreciation of property values are real 
concerns.

	Ms. Moore asked that the residents concerns be considered before any decisions are 
made.

Jack Vanskiver	Jack Vanskiver, west Wichita resident, said he has seen the Cowskin when it used 
to be no more than two feet deep except in the flood stages.  

	Mr. Vanskiver said the Dry Creek joins the Cowskin at 21st Street and it is either 
dry or flooding or in the process of receding from a flood.  Mr. Vanskiver asked 
whether the City would be responsible to assure the Cowskin is debris free from 
the treatment plant all the way to Kellogg. 

	The topography of the land gains no more than two feet over one-half mile in some 
areas and, once the water goes out of its banks, it covers a lot of open ground. 
If the level of the water is raised 7/8" to 1.5 inches - a lot of flat ground can 
be covered.  Can the City guarantee that there will not be flooding.

	Most of the erosion seen is only in the areas of development and the banks were 
changed by the developers.  The natural banks have not been eroded that much over 
the years.  Most of the homes along the Cowskin are built on fill dirt that has 
not stood the test of time around the Cowskin.  Irregardless, people will lose 
more of their land if the amount of water is disturbed too much.

	Construction of a sewage treatment plant at Brooks Landfill is an excellent idea, 
if one must be built on the west side.  Discharging into the Big Ditch is also a 
good idea.  Mr. Vanskiver suggested construction in the area bounded by 21st 
Street North, Zoo Boulevard, and the Big Ditch.  The natural boundaries would keep 
it from affecting ting any environment or economic valuation into a housing area.

David Marshall	David Marshall stated that the potential to impact home values is of primary 
importance and, for that reason, option NP=1 is opposed in any part of northwest 
Wichita.  There is support from the area for option P2-1 or P2-2.

	A new facility design could address the issues of appearance and noise; however, 
there is no confidence that the key issue of smells and odors would be eliminated 
100 percent of the time.  In fact, City personnel and engineering consultants have 
backed away from any “no smell” guarantees.  The perception of a smell problem is 
widely perceived.  And, a discriminating prospective buyer would be concerned 
about the smell issue.

	The NP-1 recommendation did not have a realistic appraisal of the existing and 
potential residents perceptions, a practical assessment of voter sensitivity, and 
the polarizing effect to issues of this type.  

Debbie Molde	Debbie Molde, from the St. Mark’s community, said the community could also be 
affected by the sewage treatment plant.  The City and developers appear to be the 
ones who will ultimately benefit from these types of projects which are intended 
to support development in northwest Wichita.  Other alternatives that are less 
disruptive to residential areas should be looked into.

Don Skokan	Don Skokan, Bel Aire, said the City Council should lengthen their decision 
timetable on the northwest sewage treatment plant and do a better job of 
interacting with the public on this issue.

	An extension of time to decide the issue might give the community the opportunity 
to become informed on the issue and feel that the subject has received careful 
consideration by the Council.  Mr. Skokan said he has trouble with Council 
decisions, on controversial issues such as this, that are handled like “business 
as usual.”

	


	If the decision time frame were lengthened to six months, there would be 
opportunity for additional public meetings and information exchange and, perhaps, 
the formation of a review panel.  

Dr. Ben Huie	Dr. Ben Huie, environmental scientist living in the Cowskin basin on the west side 
of Wichita, said a wastewater facility on the west side reflected a reality that 
as homes and businesses have been built, the burden of sewage treatment was 
brought to the area.  While it may seem attractive to simply pipe the sewage to 
the south plant, there are severe technical problems.  Geography is not 
particularly favorable requiring lift stations or pressure lines.  Thus, no matter 
what option is chosen, there will be difficulties to solve.  Septic systems or 
lagoons bring their own set of problems as the natural environment can only absorb 
so much sewage.  Overloading of the land results in groundwater contamination as 
has been seen in many areas.

	If the continuing pattern of development in west Wichita is to be supported, 
either extensive new pipelines or a 21st Century state-of-the-art sewage treatment 
facility must be provided.

	The needs for these improvements have been known for years and sites should have 
been discussed much earlier, before homes were built.  An integrated plan, 
including the pattern of residential and business development should have been 
built around the proposed facility.  People must be informed of all aspects of the 
planning and decision making process, technical requirements, of the site, or of 
any pipelines -  especially in regard to geography, sewage flow and transport, and 
discharge accommodation.  As built, the project itself must be designed in such a 
manner as to minimize impact.  To whatever extent possible, at this late date, the 
project should be sited near commercial land uses rather than residential.  Buffer 
zones, engineered wetlands, and retention ponds should be integrated into the 
project.  
	
	Quality of effluent can be improved beyond the Department’s already high standards 
by passing it through these wetlands and ponds.  In addition, in the event of an 
operational upset, they will contain the impact of the temporary problem. 
Obviously, landscaping, especially the planting of a large number of trees around 
the facility must also be included.

	All who have chosen to live in west Wichita need to acknowledge that they are all 
a part of the problem; however, they also deserve to see the Department respond in 
a completely above-board manner.  The City, through its Water and Sewer 
Department, must guarantee that it will be a good neighbor.  

	If built, a sewage treatment facility can be sited and built in such a fashion so 
as not to be a detriment to the community.  The real question is whether it will 
be built in such a fashion.

Wes Galyon	Wes Galyon, Wichita Area Builders’ Association, urged support of the construction 
of a new, state-of-the-art wastewater treatment facility.  It is believed that the 
new proposed facility being discussed is the most effective alternative in terms 
of economics.  It is also believed that technology is such that safeguards can be 
incorporated into the development of a facility, it will cause the least 
disruption to people now and in the future, and it will provide the type of 
capacity it is understood will be needed today and in the years to come.

	When the issue was first raised the WABA had some of the same concerns that have 
been voiced today.  The primary concern had to do with future capacity and whether 
or not service could be obtained as new communities were development.  There were 
also concerns about the aesthetics, the size, location, integration with 
surrounding properties, and potential impact in terms of harming values. 

	After looking at all the facts, gathering all the information, talking with 
friends, clients, business associates, and other people in the area, the WABA does 
not see the facility as a detriment to the community.  It is important that 
everyone realize that the need for such facilities is a by-product of good fortune 
that this community is experiencing and, hopefully, will experience in the future.

	A builder recently rebuilt a house for a person who relocated in Wichita after 
living close to a wastewater treatment facility for three years.  Just before 
moving to Wichita the builder took up jogging and realized the wastewater 
treatment plant was only six blocks from his house.  There had been no problem 
with odor, integration into the community, or impact on property values when it 
came time to sell his house.

	With the continued growth projected to occur, an action by the Council is 
justifiable in helping to encourage a contiguous growth in the west area, both 
economically and for other reasons.


Council Member Ferris	Council Member Ferris said people will be informed when the 
Item will be on the agenda again and that the Council would try to not drag out 
the decision making process.

Motion --	Ferris moved that the comments be received and filed; Staff be directed to prepare 
a series of meetings; and the Item be brought back to the Council in the near
       -- carried	future.  Motion carried 7 to 0.



	CITY COUNCIL AGENDA


ADAAB QUALIFICATIONS	AMENDMENT TO QUALIFICATIONS FOR APPOINTMENT TO THE WICHITA-SEDGWICK COUNTY ALCOHOL 
AND DRUG ABUSE ADVISORY BOARD. (Requested by Council Member Rogers)

Council Member Rogers	Council Member Rogers reviewed the Item.

	Agenda Report No. 98-588.

	Since 1976 the City of Wichita and Sedgwick County have had a joint alcohol and 
drug abuse advisory board to review and make recommendations on all alcohol and 
drug abuse related programs and proposals affecting the City and County.  The 
board also is charged with the implementation of the comprehensive alcoholism plan 
and the comprehensive drug abuse plan and is the coordinating body for 
implementing all alcohol and drug abuse related plans, programs and proposals 
affecting the City and County.

	The joint resolution and ordinance amends Section 2.12.430 of the City Code and 
clarifies that alcohol and drug abuse service providers are not eligible for 
appointment to the Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board. 
The reason for this limitation is to avoid appointment to the board of persons who 
may have conflicts in performing their responsibilities under the ordinance due to 
their outside employment or business interests.

Motion -- 	Rogers moved that the Ordinance be placed on first reading.  Motion carried 
       -- carried	7 to 0.

					ORDINANCE

	Resolution of the Board of County Commissioners of Sedgwick County, Kansas, and 
Ordinance of the City of Wichita, Kansas, amending Sedgwick County Resolution No. 
309-1988 and Section 2.12.430 of the Code of the City of Wichita, Kansas, 
pertaining to the membership terms and qualifications of the Wichita-Sedgwick 
County Alcohol and Drug Abuse Advisory Board, introduced and under the rules laid 
over.


LEO BOARD MEMBERSHIP	SDA IV LOCAL ELECTED OFFICIALS BOARD MEMBERSHIP.

	Agenda Report No. 98-628.

	The Job Training Partnership Act (JTPA) provides funds to states to establish 
programs which prepare youth and adults for entry into the labor force.  Under 
JTPA each state is divided into Service Delivery Areas (SDAs).  The City of 
Wichita is in SDA IV which is comprised of the counties of Butler, Cowley, Sumner, 
Harper, Kingman and Sedgwick.  Within each SDA a governing structure is 
established between Local Elected Officials (LEOs), who are represented by a LEO 
Board in SDA IV, and private and public sector representatives who are appointed 
to a Private Industry Council.  This governing structure is responsible for 
policy, program development, and oversight of JTPA programs generated within the 
SDA.  The Local Elected Officials Agreement of SDA IV codifies the framework and 
responsibilities of the LEO Board for this area.

	The current LEO Agreement expires on June 30, 2000 and was approved by the Council 
at its June 2, 1998 meeting.  The agreement specifies the LEO Board shall include, 
among its five members, the Mayor of the City of Wichita and two representatives 
from the Wichita City Council.  Mayor Bob Knight and Council members Bill Gale and 
Phil Lambke are currently serving as LEO Board members.  Greg Ferris is currently 
serving as a LEO Board alternate.

	The 1998-2000 LEO Agreement specifies the City of Wichita Mayor as an automatic 
member of the LEO Board unless he designates another elected member of the Wichita 
City Council to assume those responsibilities.  The Agreement also states the


	Wichita City Council shall select two additional City Council members to 
serve as members on the LEO Board and allows the 
Council to select two alternates to the LEO Board.

	The LEO Agreement does not limit the term that Council members may serve on the 
LEO Board.  Therefore, the Council may extend the LEO membership(s) of Bill Gale 
and/or Phil Lambke or it may select new LEO Board member(s).  The Council may also 
extend Greg Ferris as a LEO Board alternate and select one additional alternate or 
it may select up to two new LEO Board alternates.
	The selection of LEO Board members obligates no general fund moneys.

Motion --	Knight moved that the appointment of Knight, Cole, and Lambke be approved.  Motion
       -- carried	carried 7 to 0.
	
	
BOARD APPOINTMENTS	BOARD APPOINTMENTS. (for terms expiring June 30, 1999)

	Civil Rights and Services Board (Rogers)
	Commission on the Status of People with Disabilities (Cole)
	Human Services Board (Council at large)
	Police & Fire Retirement Board of Trustees (Rogers)
	Wichita Athletic Commission (3 appointments - Council at large)
	Wichita Commission on the Status of Women (7 appointments - Knight, Gale, 2- 
Ferris, 2-Lambke, Rogers)

	There were no appointments made.

	Council Member Ferris left the Bench.



	CONSENT AGENDA
	
	Knight moved that the Consent Agenda be approved in accordance with the 
recommended action shown thereon.  Motion carried 6 to 0.  (Ferris absent)
	
BOARD OF BIDS	REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JULY 13, 1998.

	At 10:00 a.m., Friday, July 10, 1998, pursuant to advertisements published, bids 
were received, publicly opened, read aloud and tabulated for the Board of Bids and 
Contracts:

	(Ref:  Bid analysis report attached to Board of Bids Minutes July 13, 1998)

	 PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION:  Sewers, Paving and Water Mains
						as per specifications

1997 Water Main Replacement Program - Oaklawn Group (west of Southeast Boulevard 
at 47th Street South). (448-89209/634873/544142) Traffic to be maintained during 
construction using flagpersons and barricades. (Council approval date 1-14-97) 
(District na)

		Duling Construction Co., Inc. - $544,864.00

Water Distribution System to serve Horseshoe Lake 2nd Addition (north of 21st 
Street, west of Hoover). (448-89274/734582/470536) Does not affect existing 
traffic. (Council approval date 06-02-98) (District V)                                      
	HD Mills & Sons - $23,375.25
	
Knight moved that the contract(s) be awarded as outlined above, subject to check, 
same being the lowest and best bid within the Engineer's construction estimate, 
and the Mayor be authorized to sign for the City.  Motion carried 6 to 0.  (Ferris 
absent)

PARK DEPARTMENT/RECREATION DIVISION: Park Lighting for Various Park Locations 
(785758)*                                                                          
  
		Linder & Associates, Inc. - $106,153.00 (Group 1-Total base 
bid)
			*Group II - Reject bids

	GENERAL GOVERNMENT/OCI/NIS DIVISION: Rehabilitation of 1041 Wabash (616946)       

		Baker Construction - $32,877.60 (Total net bid)



	PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Boiler Replacement at 
Sedgwick County Health Department, 1900 East 9th Street 
(792077)                           
		The Fagan Company - $74,563.00 (Total base bid)
- $ 7,852.00 (Total add alternate #1)
			- $11,929.00 (Total add 
alternate #2)
		- $ 6,600.00 (Total add alternate #3)

PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Heating and Air Conditioning 
Replacement at Westlink Library (130823)

		The Waldinger Corporation - $17,817.00 (Lump sum total)

	LIBRARY:  Main Library Security Service (101014)

		Protective Services Merchant Police - $6.98 (Per hour)

	PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Lighting Replacement 
Equipment (130823) 

	Advanced Lighting - $15,293.88 (Total net bid)
	
	WATER & SEWER DEPARTMENT/PRODUCTION & PUMPING DIVISION: Ferric Sulfate 
(183632) 

		Fe3, Inc. - $0.0530 (Cost per pound)

	Knight moved that the contract(s) be awarded as outlined above, subject to 
check, and the Mayor be authorized to sign for the City.  Motion carried 6 to 0.  
(Ferris absent)


LICENSE APPLICATIONS	APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES.

	Renewal		1998		(Consumption on Premises)

	Marla M. Hayden	Buck’s Barbeque, Inc.*	8710 W. Central

						(Consumption off Premises)
	
	Henry R. Waguespack	Kwik Shop #722		3959 S. Hydraulic
	Henry R. Waguespack	Kwik Shop #731		710 W. 29th North
	Henry R. Waguespack	Kwik Shop #748		2809 E. Douglas
	Henry R. Waguespack	Kwik Shop #772		2750 S. Oliver
	Ben J. Schultz		T & E Oil Co., Inc.	3935 N. Broadway

	New Establishment	1998		(Consumption on Premises)

	Gary R. Batenhorst	Godfather’s Pizza #17019*	2106 N. Amidon
	
*General/Restaurant -- 50% or more of gross receipts derived from sale of food.
	
Motion --  	Knight moved that the licenses be approved subject to staff review 
and approval.  
       -- carried	Motion carried 6 to 0.  (Ferris absent)


PLANS AND SPECS.	SUBDIVISION PLANS AND SPECIFICATIONS.

	a.	Lateral 9, Main 16, Southwest Interceptor Sewer to serve Horseshoe 
Lake 2nd Addition (north of 21st, west of Hoover). (468-
82848/743559/480446) Does not affect existing traffic. (Council approval 
date 6-2-98) (District 5) 

Motion --	Knight moved that the Plans and Specs be approved and advertising 
for bids to be submitted to the Board of Bids and Contracts by 10:00 a.m., July 
17, 1998, be
       -- carried	authorized.  Motion carried 6 to 0.  (Ferris absent)

	b. 	Shiloh from the north line of Smithmoor Seventh Addition, south to 
and including cul-de-sac, and; Mt. Vernon from the east line of Lot 1, 
Block 3, Smithmoor Seventh Addition, to the east line of Lot 1, Block 4, 
Smithmoor Seventh Addition to serve Smithmoor Seventh Addition (south of 
Harry, east of Webb). (472-82860/764993/490601) Does not affect existing 
traffic. (Council approval date 9-16-97) (District 2) 

	c.	Leecrest/Stafford from the north line of Pawnee to the west line of 
Maize; Stafford Court from the north line of Stafford to and including the 
cul-de- sac, serving Lots 16 through 20, Block 2; Stoney Point from the 
south line of Lot 12, Block 3, to the south line of Haskell; Haskell from 
the west line of Lot 22, Block 5, to the west line of Maize; and Sidewalk 
on both


		sides of Haskell from the west line of Lot 22, Block 5, to Maize to 
serve Prairie Woods 2nd Addition (north of Pawnee, west of Maize). (472- 
82933/764951/490597) Does not affect existing traffic. (Council approval 
date 4-14-98) (District 5) 

	d.	Cooper from the south line of Turtle Run 3rd Addition to the south 
line of Carson; Marion and Cypress from the west line of Cooper to the west 
line of Cooper, and; Scott from the west line of Cypress to the west line 
of Turtle Run 3rd Addition. to serve Turtle Run 3rd Addition (south of 
Pawnee, west of Webb). (472-82703/764886/490590) Does not affect existing 
traffic. (Council approval date 4-2-96) (District 2) 

	e.	Highland Springs from the east line of the plat, west to the west 
line of Shady Shores Circle; Highland Springs Courts (Lots 1-12, Block C) 
from the south line of Highland Springs, south to and including the cul-de-
sac; (Lots 1-9, Block B from the south line of Highland Springs, south and 
west to and including the cul-de-sac; (Lots 1-13, Block A) from the north 
line of Highland Springs, north to and including the cul-de-sac; (Lots 14-
26, Block A) from the north line of Highland Springs, north to and 
including the cul-de-sac; Sidewalk along both sides of Highland Springs 
from the east line of the plat to the west line of Highland Springs Court 
(Lots 1-9, Block B) to serve Highland Springs Addition (south of Central, 
west of 135th St. West). (472-82915/764795/490581) Does not affect existing 
traffic. (Council approval date 3-3-98) (District 5) 

	f.	Lateral 28, Main 1, Cowskin Interceptor Sewer to serve Tract 4, 
Wickes & Horton Addition; Tract 2, Horton Addition; Tract 3, Lofland 
Addition; Tract 4, Coastal Mart Addition; Tract 5, Miles Country Way 
Center; and, Tract 6, Unplatted Area. south of Kellogg, near Lark Lane. 
(468-82778/743294/480420) Does not affect existing traffic. (Council 
approval date 11-4-97) (District 5) 

	g.	Water Distribution System   13th Street North & Waco. (448-
89078/635482/
		44648) Traffic to be maintained during construction using 
flagpersons and barricades. (Council approval date 1-6-98) (District 6) 

Motion --	Knight moved that the Plans and Specs be approved and advertising 
for bids to be submitted to the Board of Bids and Contracts by 10:00 a.m., July 
24, 1998, be
       -- carried	authorized.  Motion carried 6 to 0.  (Ferris absent)


SEWER PETITION	PETITION TO CONSTRUCT A SANITARY SEWER TO SERVE HORSESHOE LAKE 
SECOND ADDITION  - NORTH OF 21ST, WEST OF HOOVER.  (District V)	

	Agenda Report No. 98-629.

	The City Council approved a Petition to construct a sanitary sewer in 
Horseshoe Lake 2nd on June 2, 1998.  An attempt to award a construction contract 
within the budget set by the Petition was not successful. 

	A new Petition with an increased budget has been submitted.  The signature 
on the new Petition represents one owner of 100% of the improvement district.  

	The original Petition totaled $110,000.  The new Petition totals $157,000.  
The funding source is special assessments. 

Motion --	Knight moved that the Petition be approved and the Resolution be 
adopted.  Motion
       -- carried	carried 6 to 0.  (Ferris absent)

				RESOLUTION NO. R-98-292

	Resolution of findings of advisability and Resolution authorizing 
construction of Lateral 9, Main 16, Southwest Interceptor Sewer (north of 21st, 
west of Hoover) (Project No. 468-82848) in the City of Wichita, Kansas, pursuant 
to findings of advisability made by the Governing Body of the City of Wichita, 
Kansas, presented. Knight moved that the Resolution be adopted.  Motion carried 6 
to 0.  (Ferris absent)  Yeas: Cole, Gale, Kamen, Lambke, Rogers, Knight.
	

BOARDS MINUTES	MINUTES OF ADVISORY BOARDS.

	Alternative Correctional Housing Advisory Board, 5-28-98
	Wichita/Sedgwick County Emergency Communications Advisory Board, 6-18-98

Motion -- carried	Knight moved that the Minutes be approved.  Motion carried 6 
to 0.  (Ferris absent)



STREET CLOSURES/USES	CONSIDERATION OF STREET CLOSURES/USES.

	Agenda Report 98-644.

Wildcat Construction Company, Inc. has contracted to accomplish the rehabilitation 
of the 37th Street North Bridge over the Little Arkansas River two lane bridge 
including abutment repair, deck removal and patching , placing a new deck surface 
and reconstructing the pavement approaches.  The contract allows for the total 
closure of this bridge during the reconstruction process and work is expected to 
begin Monday, July 20, 1998.  During the approximate 10 week closure period, 37th 
Street traffic will be detoured using Arkansas, 29th Street North, Amidon and 
Womer streets.

	The contractor is responsible for construction barricades, detour signing 
and notification of affected businesses and residents.  The contractor has been 
asked to install message boards at 37th and Womer, and 37th and Arkansas to advise 
motorists of the pending closure.

The bridge is expected to be reopened to traffic approximately October 1, 1998.

Motion -- carried 	Knight moved that the total street closure be approved.  
Motion carried 6 to 0. (Ferris absent)


CONSTRUCT OVER EASEMENT	EASEMENT ENCROACHMENT AGREEMENT.(All 
Districts)
	
	Agenda Report No. 98-630.

	The City has a 60-inch raw water line, that carries water from Cheney 
Reservoir to the Water Treatment Plant, that lies on the north side of 21st Street 
North in a 40-foot wide easement.

	The agreement would allow construction of a sign on the north side of 21st 
Street North, approximately 1,897 feet east of 295th Street West, in Section 5, 
Township 27 South, Range 3 West, and waives all right to action arising out of the 
encroachment over the easement.

Motion--	Knight moved that the Agreement be approved and the Mayor be 
authorized to sign. 
       -- carried	Motion carried 6 to 0.  (Ferris absent)


CDBG CONTRACT	CDBG CONTRACT - WICHITA INDOCHINESE CENTER - SUMMER YOUTH 
EMPLOYMENT PROGRAM. (All Districts)

	Agenda Report No. 98-631.

	The Contract (beginning July 1, 1998, and ending June 30, 1999) in the 
amount of $175,000 with the Wichita Indochinese Center provides funds to pay youth 
salaries and administrative costs of the nine agencies participating in the 
program.

Motion --	Knight moved that the Contract be approved and the Mayor be 
authorized to sign. 
       -- carried	Motion carried 6 to 0.  (Ferris absent)
	

AERATION SYSTEM AGMT.	SUPPLEMENTAL AGREEMENT NO. 2 FOR AERATION SYSTEM RETROFIT.  
(All Districts)

	Agenda Report No. 98-632.

	On March 18, 1997, City Council approved an engineering services contract 
with Brown & Caldwell for an aeration system retrofit at Sewage Treatment Plant 
#2.  On January 14, 1997, the City Council approved the Capital Improvement 
Program Project S-507, Aeration System Retrofit.  Supplemental Agreement #1 was 
approved for $1,694 to perform additional geotechnical work.

	The original engineering services agreement was based on aeration system 
construction being performed in large part during the final stages of the 
Biosolids Treatment and Management Plan construction, and thus, utilizing the on- 
site construction manager.  Because this did not happen, Brown & Caldwell has 
requested additional funds to facilitate construction management and inspection on 
the Aeration System Retrofit Project.  The cost of these services is $23,000.00 
 
	The Capital Improvement Program (CIP S-507) has available funds of 
$144,595.  The total cost of Supplemental Agreement #2 is $23,000. 

Motion --	Knight moved that the supplemental agreement be approved and the 
Mayor be
       -- carried	authorized to sign.  Motion carried 6 to 0.  (Ferris absent) 



CONSTRUCTION ENGINEERING	SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION 
ENGINEERING SERVICES FOR STORM WATER DRAIN AND STREET IMPROVEMENTS IN BRADFORD 
NORTH ADDITION - WEST OF TYLER, SOUTH OF 29TH STREET NORTH.  (District V)

	Agenda Report No. 98-633.

	The City Council approved the Bradford North Addition plat on February 13, 
1996. On November 18, 1997, the City Council approved an Agreement with Poe & 
Associates of Kansas, Inc. to design the improvements.  The Design Agreement 
requires them to provide construction engineering services if requested by the 
City.

	The proposed Supplemental Agreement between the City and Poe & Associates 
provides for the construction inspection services for Storm Water Drain No. 133 
and paving Keith, Brookridge, Keith Courts, Wedgewood Court, Brookridge Courts, 
and sidewalk. This is Construction and Survey's peak workload period, therefore, 
City crews are not available to perform the construction engineering services for 
this project.

	Payment will be based on an hourly rate with total payments not to exceed 
$14,000. The funding source is special assessments.

Motion --	Knight moved that the Supplemental Agreement be approved and the 
Mayor be
       -- carried	authorized to sign.  Motion carried 6 to 0.  (Ferris absent)


EMERGENCY PURCHASES	EMERGENCY PURCHASES (STORM WATER SEWER AND DATA CENTER 
HARDWARE).

	Agenda Report No. 98-634.

	KGE contacted the City of Wichita (Storm water Division) concerning a storm 
water sewer that was leaking and draining into its manhole at 2nd Street & Market 
Intersection.  KGE could not complete a requested service connection for the 
Salvation Army-Koch Center project.  Four companies were contacted to submit a 
quote.  W.B. Carter Construction Company was the lowest cost and best response for 
completion for this emergency project. 

	The Data Center’s 8820 VAX installed in 1989 is down due to hardware 
failure and an immediate replacement is needed to complete an ORACLE upgrade, 
application upgrades, and Year 2000 testing.  Three quotes from Digital computer 
resalers were obtained resulting in a purchase order issued to Great Lakes 
Computer.

	This report is to inform the City Council of these two emergency Purchase 
Orders which were issued by the Purchasing Manager with the City Manager’s 
approval.  

	Purchase Orders were issued to W.B. Carter for $37,326 and to Great Lakes 
Computer for $18,975.

	Purchasing Ordinance No. 35-856(a) provides for emergency purchases on 
storm sewer stoppages and breaks with approval by the City Manager.  Purchasing 
Ordinance No. 35-856© provides for emergency purchase when a public exigency 
exists which will not permit a delay incident to advertising with approval by the 
City Manager.  The Purchasing Manager is then authorized to negotiate the 
purchases.

Motion -- carried	Knight moved that the emergency purchases be ratified.  
Motion carried 6 to 0. (Ferris absent)


ARTERIAL CORRIDOR 	1998/1999 ARTERIAL CORRIDOR PROGRAM PHASE II.  (Districts I 
& II)

	Agenda Report No. 98-635.
	
	The 1998/1999 Capital Improvement Program includes a project to prepare 
construction plans for improvements to certain congested traffic corridors (CIP 
No. MS-208001, page 46).  The locations were identified as part of a 1996-97 study 
of the Rock, Pawnee, Hillside, 13th, Central and 29th St. North corridors.  The 
City Council approved Phase I of the 1998/1999 program on May 19, 1998. 

	Phase II provides for the design of improvements to the Central/Hillside 
intersection.  

	The Phase II project budget is $95,000.  The funding source is General 
Obligation bonds. 

Motion --	Knight moved that the project be approved and the Resolution be 
adopted; and the Staff Screening and Selection Committee be authorized to select a 
design
       -- carried	engineer.  Motion carried 6 to 0.  (Ferris absent)



				RESOLUTION NO. R-98-293

	A Resolution authorizing the issuance of bonds by the City of Wichita at 
large for public improvements for the Central and Hillside intersection, Central 
and Rock Road intersection, Central and Ridge Road intersection, 25th Street North 
from the Interstate I-235 to West Street, 13th Street North and Mosley 
intersection, Rock Road from Interstate K-96 to 32nd Street North, 13th Street 
North and Broadway intersection, Pawnee and Washington intersection, and Pawnee, 
from Grove to Southeast Boulevard (1998/1999 Traffic Corridor Improvement Program) 
(Project Number 472-82932), presented.  Knight moved that the Resolution be 
adopted. Motion carried 6 to 0.  (Ferris absent)  Yeas: Cole, Gale, Kamen, Lambke, 
Rogers, Knight.
				 

WATER LINE IMPROVEMENTS	VALVE IMPROVEMENTS ON 48" RAW WATER LINE.  
(All Districts)

	Agenda Report No. 98-637.

	There are three major water lines that transport raw water to the City’s 
water treatment plant.  One of those lines is a 48-inch diameter cast iron water 
line that was constructed in 1940 and transmits water from the Equus Beds 
Wellfield. This line has experienced a number of breaks during its service life 
and still breaks an average of two or three times per year.

	When this pipeline breaks, it releases vast quantities of water until 
valves on the line can be shut; thus, the valves are serving a critical function.   
This project will make improvements to two of the valves on that line.  At one 
valve, located south of 85th St. N., (called Station 895), it is recommended that 
the existing “cone” valve be replaced with a new 30-inch butterfly valve and that 
it be equipped with an electric operator, so that it can be opened or closed from 
the water treatment plant.  It is also recommended that an electric operator be 
installed on an existing valve located near 101st St. N.(called Station 722).  

	This project is included in the City's approved 1998 CIP  (project W-592) 
at a budgeted amount of $120,000.

Motion --	Knight moved that the Project be approved and the Resolution be 
adopted; and the
       -- carried	Notice of Intent to publish be approved.  Motion carried 6 
to 0.  (Ferris absent)

				RESOLUTION NO. R-98-294

	A Resolution of the City of Wichita, Kansas, declaring it necessary to 
construct, reconstruct, alter, repair, improve, extend, and enlarge the Water and 
Sewer Utility owned and operated by The  City, and to issue revenue bonds in a 
total principal amount which shall not exceed $120,000, exclusive of financing 
costs, for the purpose of paying certain costs thereof, and providing for the 
giving of notice of such intention in the manner required by law, presented.  
Knight moved that the Resolution be adopted.  Motion carried 6 to 0.  (Ferris 
absent)  Yeas: Cole, Gale, Kamen, Lambke, Rogers, Knight.


PROPERTY ACQUISITION	ACQUISITION OF PROPERTY LOCATED AT 209 E. BAYLEY/1300 S. 
MARKET (TRACT NO. 7) FOR THE BAYLEY STREET RAIL CORRIDOR IMPROVEMENT PROJECT.  
(District VI)

	Agenda Report No. 98-637.

The Bayley Street Rail Corridor Improvement Project, approved by City Council on 
June 24, 1998, requires the acquisition of ten tracts along Bayley Street.  One of 
these tracts is 209 E. Bayley/1300 S. Market which is owned by Clarence and Carol 
Sponsel.

The subject tract contains approximately 4,200 square feet and is improved with 
two single-family structures, one with 576 square feet and one with 1,008 square 
feet.  Market studies of the area indicate that the tract is worth $50,000.  The 
property owner has agreed to sell the property to the City for this amount.

The funding source is General Obligation Bonds.  The budget of $62,000 includes 
$50,000 for the acquisition, $10,000 for demolition and associated costs,  and 
$2,000 for closing costs, title insurance, etc..  This is the first acquisition 
for the project.

Motion --	Knight moved that the budget and the Contract be approved; and the 
Mayor be
       -- carried	authorized to sign the necessary documents.  Motion carried 
6 to 0.  (Ferris absent)



IRB - MARKET CENTRE	TRUSTEE REQUEST TO SELL IRB PROPERTIES; SERIES III, IV, AND 
V, 1998 - MARKET CENTRE LIMITED PARTNERSHIP, MARKET CENTRE II, L.P., AND MARKET 
CENTRE III, L.P.  
	(District VI)

	Agenda Report No. 98-638.

Under three separate Indentures dated as of May 1, 1988, the City of Wichita 
issued three separate series of Industrial Refunding Revenue Bonds (Series III, IV 
and V, 1988) to refinance three separate (but related) 1985 bond issues that had 
been done to finance rehabilitation and reconstruction of portions of the historic 
Lassen Hotel.  Prior to the original financing structure, the hotel property had 
been divided into several, separate condominium units by a condominium 
declaration, so that the property pledged to each bond issue consists of various 
separate condominium units.  All of the bond issues went into default on December 
1, 1991.  The Trustee brought litigation to protect the interest of the 
Bondholders, and in July of 1993, the District Court approved a settlement 
resulting in payment by the various guarantors of $1,900,000 and the surrender by 
the Tenants of the financed facilities.  Since the consummation of that 
settlement, the Trustee (or its predecessor trustees) has been attempting to sell 
the property for the benefit of the Bondholders.

In the summer of 1997, the Trustee received bids from five potential purchasers, 
of which the highest and best bid was an offer of $1,250,000 from Market Centre, 
L.L.C. of Santa Ana, California.  In February of this year, the Trustee entered 
into a conditional contract to sell the property to Market Centre, L.L.C., 
contingent upon favorable bondholder reaction, and approval by the District Court 
and the City of Wichita.

In March of 1998, the Trustee initiated a mail poll of Bondholders, and the 
holders of 87.31% (by aggregate principal amount) of the Bonds returned polls. The 
holders of Bonds in the aggregate principal amount of $4,314,008.21 (representing 
82.5% of the outstanding Bond principal, and 94.49% of Bond principal represented 
in the Bondholder responses) responded in favor of the sale. Based upon the 
overwhelming support expressed by the responding

Bondholders, the Trustee proceeded to seek the approval and direction of the 
Sedgwick County District Court by formal motion.  In hearings held June 9, 1998, 
and July 2, 1998, a dissenting Bondholder and Jim McIntyre, an attorney for 
another dissenting Bondholder spoke against the proposed sale.  The Court received 
substantial evidentiary material from Mr. McIntyre, but at the July 2, 1998 
hearing (on a motion for reconsideration of the Order approving the sale), Judge 
Karl Friedel advised those in attendance that the materials submitted did not, in 
his view, substantiate the allegations and suspicions which the dissenting 
Bondholders had articulated in opposing the sale.  Accordingly, the Court declined 
to modify its original Order approving the proposed sale.

The Trustee in its professional fiduciary opinion believes that the sale 
represents the best hope of any further recovery for the holders of the defaulted 
Bonds, and the holders of 82.5% of the principal amount of outstanding Bonds also 
have expressed their approval of consummating the sale to Market Centre, L.L.C. 
for the amount of Market Centre, L.L.C.'s  bid. The holders of only 4.81% of all 
the outstanding Bonds (by principal amount) have expressed opposition, based 
largely on considerations that the District Court found insufficiently founded or 
unpersuasive.  After a detailed review of all the materials submitted, the Court 
concluded that the sale is in the best interests of the Bondholders.  Based on the 
degree of Bondholder support for the sale, and the recommendation of the Trustee, 
which is familiar with the condition and operations of the facility, it appears 
the Court was correct in concluding that it is in the best financial interests of 
all the Bondholders to approve the sale.  In order to hold Market Centre, L.L.C. 
to the terms of the contract for sale, the Trustee must proceed to obtain the 
City's approval of the sale by July 27, 1998.

Costs of the sale will be covered from the sales proceeds, and hence, it will be 
without financial cost to the City.  In the course of approving the sale and 
providing the Certificate for title purposes, the City will be waiving a purchase 
right that it holds under the Declaration of Condominium.

The Trustee is bound by the powers and duties specified in the Indenture, and is 
under a fiduciary duty to manage and dispose of trust property in accordance with 
the best interests of the Bondholders. In view of the apparent substantial support 
for the Trustee's recommendation and the Order of Court approving the sale and 
authorizing and directing the Trustee to sell the property, the proposed sale is 
lawful and appropriate.

Motion --	Knight moved that the Resolution be adopted and the Mayor be 
authorized to sign
       -- carried	the necessary documents.  Motion carried 6 to 0.  (Ferris 
absent)  



				RESOLUTION NO. R-98-295

	A Resolution approving the request of the Bank of New York (“Trustee”), to 
convey certain property to Market Center, L.L.C., approving the execution and 
delivery of a special quit-claim deed and lease termination, and approving the 
execution and delivery of a certificate and any further documents reasonably 
necessary to accomplish the sale as requested by the trustee, presented.  Knight 
moved that the Resolution be adopted.  Motion carried 6 to 0.  (Ferris absent)  
Yeas: Cole, Gale, Kamen, Lambke, Rogers, Knight.
				

ORDINANCES	SECOND READING ORDINANCES  (FIRST READ JULY 7, 1998)

a.	Tax Exemption - Wichita Steel Fabrications, Inc.  (District I)

					ORDINANCE NO. 43-917


		An Ordinance granting a tax exemption on the improvements to 
real property and the purchase of personal property for Wichita Steel 
Fabricators, Inc., read for the second time.  Knight moved that the 
Ordinance be placed upon its passage and adopted.  Motion carried 6 to 0.  
(Ferris absent)  Yeas: Cole, Gale, Kamen, Lambke, Rogers, Knight.

b.	IRB - BG Products, Inc. (District VI)
				
					ORDINANCE NO. 43-916
	
An Ordinance authorizing the City of Wichita, Kansas, to issue its 
Industrial Revenue Bonds, Series X, 1998 (BG Products, Inc.) In two series 
totaling the aggregate principal amount of $4,615,000 for the purpose of 
providing funds to acquire, construct, and equip certain improvements to an 
existing fuel and oil conditioner and lubricant manufacturing facility; 
prescribing the form and authorizing execution of a trust indenture between 
the City and Intrust Bank, N.A., Wichita, Kansas, as Trustee; prescribing 
the form and authorizing execution of a lease agreement by and between the 
City and BG Products, Inc.; approving the form of a guaranty agreement 
between BG Products, Inc., as guarantor, and Intrust Bank, N.A., Wichita, 
Kansas, as trustee; prescribing the form and authorizing execution of a 
bond purchase agreement between the City, BG Products, Inc., and Froggatte 
& Herndon Capital Corporation, as purchaser of the Series X-A, 1998 Bonds; 
prescribing the form and authorizing execution of a bond placement 
agreement by and between the City and BG Products, as purchaser of the 
Series X-B, 1998 Bonds , read for the second time.  Knight moved that the 
Ordinance be placed upon its passage and adopted.  Motion carried 6 to 0. 
(Ferris absent)  Yeas:  Cole, Gale, Kamen, Lambke, Rogers, Knight.

c.	IRB - Law Company. (District VI)

		This Item will be on the July 21, 1998, Agenda.

d.	Revised Private Security.
	
					ORDINANCE NO. 43-918

		An Ordinance amending sections 3.72.010, 3.72.020, 3.72.030, 
3.72.050, 3.72.060, 3.72.070, 3.72.080, 3.72.090, 3.72.100, 3.72.130, 
3.72.140, 3.72.180, 3.72.190, 3.72.200, 3.72.210, 3.72.220, 3.72.230, 
3.72.250, 3.72.260, 3.72.270, 3.72.280, 3.72.290, 3.72.350, 3.72.360, and 
3.72.370 of the code of the city of Wichita, Kansas, pertaining to 
definitions, qualifications, applications, permit fees, transfer of permit, 
identification cards, suspension and revocation, termination of employment, 
arrest, permit required, duties regarding firearms, firearm identification 
cards, issuance of firearms permits, uniforms and insignia, firearms 
permits, firearms training, firearm fees and inspection, carrying firearms, 
fees, persons not engaged in private security business, license required, 
application form and content, insurance, vehicles, and impersonating a 
private security officer, all relating to private security services, 
repealing the originals of said sections, and creating section 3.72.055 of 
the city code pertaining to private security officer temporary permits , 
read for the second time.  Knight moved that the Ordinance be placed upon 
its passage and adopted.  Motion carried 6 to 0.  (Ferris absent)  Yeas: 
Cole, Gale, Kamen, Lambke, Rogers, Knight.



	e.	Emergency Vehicles.	

					ORDINANCE NO. 43-920

An Ordinance creating new Sections 11.60.155 and 11.60.165, and amending 
Section 11.60.180 and 11.60.200 of the Code of the City of Wichita, Kansas, 
pertaining to prohibited lamps on motor vehicles and authorized flashing 
lights on emergency vehicles and repealing the originals of said sections , 
read for the second time.  Knight moved that the Ordinance be placed upon 
its passage and adopted.  Motion carried 6 to 0.  (Ferris absent)  Yeas: 
Cole, Gale, Kamen, Lambke, Rogers, Knight.

f.	Alcohol Consumption on Public Property (Wellington Place).

					ORDINANCE NO. 43-919
			
		An Ordinance amending Section 4.04.045 of the Code of the 
City of Wichita, Kansas, pertaining to exemptions from the prohibition 
against consumption of alcohol on public property and repealing the 
original of said section , read for the second time.  Knight moved that the 
Ordinance be placed upon its passage and adopted.  Motion carried 6 to 0.  
(Ferris absent)  Yeas: Cole, Gale, Kamen, Lambke, Rogers, Knight.

	g.	Annexation A 98-9 (South and east of Harry Street and Webb Road). 
(District II)

					ORDINANCE NO. 43-921

		An Ordinance including and incorporating certain blocks, 
parcels, pieces, and tracts of land within the limits and boundaries of the 
City of Wichita, Kansas, and relating thereto , read for the second time.  
Knight moved that the Ordinance be placed upon its passage and adopted.  
Motion carried 6 to 0.  (Ferris absent)  Yeas:  Cole, Gale, Kamen, Lambke, 
Rogers, Knight.

h.	Special Assessment to pay for the removal of certain structures.
				
					ORDINANCE NO. 43-922

An Ordinance making a Special Assessment to pay for the removal of certain 
structures, being dangerous and unsafe buildings which have been declared a 
nuisance under the provision of Sections 18.16.010 to 18.16.090 of the Code 
of the City of Wichita, Kansas , read for the second time.  Knight moved 
that the Ordinance be placed upon its passage and adopted.  Motion carried 
6 to 0.  (Ferris absent)  Yeas:  Cole, Gale, Kamen, Lambke, Rogers, Knight.

I.	Special Assessment to pay for the cost of cutting weeds.

					ORDINANCE NO. 43-923

An Ordinance making a special assessment to pay for the cost of cutting 
weeds in the City of Wichita, Kansas , read for the second time.  Knight 
moved that the Ordinance be placed upon its passage and adopted.  Motion 
carried 6 to 0.  (Ferris absent)  Yeas:  Cole, Gale, Kamen, Lambke, Rogers, 
Knight.

j.	Special Assessment to pay for the cost of lot clean-up.

					ORDINANCE NO. 43-924

An Ordinance making a special assessment to pay for the cost of abating 
certain public health nuisances (lot clean up) under the provision of 
Section 7.40.050 of the Code of the City of Wichita, Kansas , read for the 
second time.  Knight moved that the Ordinance be placed upon its passage 
and adopted.  Motion carried 6 to 0.  (Ferris absent)  Yeas:  Cole, Gale, 
Kamen, Lambke, Rogers, Knight.

	


	k.	Z-3281 - Northeast Corner of 11th Street North and Emporia 
(1202 North Emporia).    (District VI)

					ORDINANCE NO. 43-925 	
		An Ordinance changing the zoning classifications or 
districts of certain lands located in the City of Wichita, Kansas, under 
the authority granted by Section 28.04.210, the Code of the City of 
Wichita, Kansas , read for the second time.  Knight moved that the 
Ordinance be placed upon its passage and adopted.  Motion carried 6 to 0.  
(Ferris absent)  Yeas:  Cole, Gale, Kamen, Lambke, Rogers, Knight.  Z-3281



	PLANNING AGENDA


V-2092	PUBLIC HEARING V-2092 - REQUEST TO VACATE 10 FOOT UTILITY EASEMENT LOCATED 
IN AN AREA EAST OF MAIZE ROAD AND SOUTH OF MAPLE STREET - 638 WETMORE.  (District 
V)

Marvin Krout	Director of Planning reviewed the Item.

	Agenda Report No.98-639.

	MAPC Recommendation:	Approve vacation of 10 foot utility easement.
	Staff Recommendation:	Approve vacation of 10 foot utility easement.
	
The existing home was originally constructed into the 10 foot utility easement. In 
order to place an addition onto this home the applicant must vacate the utility 
easement.  All utilities are located in the platted reserve area, just east of the 
site.

The Subdivision committee and MAPC both voted unanimously to approve the requested 
vacation of the drainage and utility easement.  No neighbors spoke in opposition 
to this request.

Marvin Krout	Director of Planning reviewed the Item for the City Council.

	The notice of hearing was published twice and no written protest had been 
filed.

Mayor Knight	Mayor Knight inquired if anyone wished to be heard on this Item and 
no one appeared.

Motion --	Knight moved that the public hearing be closed, the vacation be 
approved as recommended, the Mayor be authorized to sign the Vacation Order, and a 
certified copy of the Order be recorded with the Register of Deeds.  Motion 
carried 
       -- carried	6 to 0.  (Ferris absent)


S/D 96-68	S/D 96-68 -  PLAT OF SKYWAY INDUSTRIAL PARK ADDITION LOCATED EAST 
SIDE OF MAIZE ROAD BETWEEN K-42 AND 31ST STREET SOUTH.   (District V)

	Agenda Report No. 98-640.

	MAPC Recommendation:	Approve the plat.
	Staff Recommendation:	Approve the plat.

	A zone change (SCZ-0675) from SF-20, Single-Family Residential to LI, 
Limited Industrial has been approved for this site subject to replatting. 
Petitions, 100%, have been submitted for City water, sanitary sewer, storm sewer 
and paving improvements. A Certificate of Petitions has also been submitted. In 
order to provide for the ownership and maintenance of the reserves, the applicant 
has submitted a restrictive covenant. A restrictive covenant regarding the 
development plan has been provided by the applicant as required during the zone 
change hearing. A cash guarantee has been submitted to assure the closure of a 
driveway required by the access control dedicated by the plat. The negative 
Planning Commission vote reflected the Commissioner’s concerns with the site 
owner’s membership on the Airport Authority and the relocation of Tyler Road 
through this plat. This plat has been reviewed and approved by the Planning 
Commission, subject to conditions and recording within thirty (30) days. 

	Council Member Kamen left the Bench.

	Certificate of Petitions, Restrictive Covenants.

	100 Percent Petition for construction of Water Distribution System Number 
448- 89292 (at Tyler Road, south of 31st Street South) ($610,000 50% S.A., 50% 
Water Utility)

	100 Percent Petition for construction of Water DistributionSystem Number 
448-89293 (at Tyler Road, south of 31st Street South) ($70,000 S.A.)

	100 Percent Petition for construction of Water Distribution System Number 
448- 89295 (at Tyler Road, south of 31st Street South) ($94,000 S.A.)

	100 Percent Petition for construction of Water Distribution System Number 
448- 89296 (at Tyler Road, south of 31st Street South) ($101,000 S.A.)

	100 Percent Petition for construction of lift station and force main to 
serve Skyway Industrial Park, (at Tyler Road, south of 31st Street South) Project 
No. 468-829874 ($362,000 S.A.)

	100 Percent Petition for construction of Lateral 407, Southwest Interceptor 
Sewer to serve Skyway Industrial Park, (at Tyler Road, south of 31st Street South) 
Project No. 468-82875 ($105,000 S.A.)

	100 Percent Petition for construction of Lateral 408, Southwest Interceptor 
Sewer to serve Skyway Industrial Park, (at Tyler Road, south of 31st Street South) 
Project No. 468-82876 ($62,000 S.A.)

	100 Percent Petition for construction of Lateral 409, Southwest Interceptor 
Sewer to serve Skyway Industrial Park, (at Tyler Road, south of 31st Street South) 
Project No. 468-82877 ($91,000 S.A.)

	100 Percent Petition for construction of Storm Water Drain No. 140 to serve 
Skyway Industrial Park, (at Tyler Road, south of 31st Street South) Project No. 
468-82878 ($238,000 S.A.)

	100 Percent Petition for constructionof Storm Water Sewer No. 506 to serve 
Skyway Industrial Park, (at Tyler Road, south of 31st Street South) Project No. 
468-82879 ($58,000 S.A.)

	100 Percent Petition for construction of Storm Water Sewer No. 507 to serve 
Skyway Industrial Park, (at Tyler Road, south of 31st Street South) Project No. 
468-82880 ($45,000 S.A.)

	100 Percent Petition for construction of Storm Water Sewer No. 508 to serve 
Skyway Industrial Park, (at Tyler Road, south of 31st Street South) Project No. 
468-82881 ($25,000 S.A.)

	100 Percent Petition for construction of Storm Water Sewer No. 509 to serve 
Skyway Industrial Park, (at Tyler Road, south of 31st Street South) Project No. 
468-82882 ($28,000 S.A.)

	100 Percent Petition for construction of Storm Water Sewer No. 510 to serve 
Skyway Industrial Park, (at Tyler Road, south of 31st Street South) Project No. 
468-82883 ($118,000 S.A.)

	100 Percent Petition for improving of Calvert Street from the EL of Maize 
Road to the EL of Crestline, Project No. 472-82960 to serve Skyway Industrial 
Park, (at Tyler Road, south of 31st Street South) ($118,000 S.A.)

	100 Percent Petition for improving of 31st Street South and Norman from the 
EL of Maize Road to the EL of Crestline, and; decel lane along the east side of 
Maize Road from the SL of 31st Street South to a point 275' south of the SL of 
31st Street South, Project No. 472-82961 to serve Skyway Industrial Park, (at 
Tyler Road, south of 31st Street South) ($175,000 S.A.)

	100 Percent Petition for improving of Crestline from the NL of Calvert 
Street to the SL of Norman, Project No. 472-82962 to serve Skyway Industrial Park, 
(at Tyler Road, south of 31st Street South) ($215,000 S.A.)

	100 Percent Petition for improving of Crestline from the SL of Calvert to 
the NL of 34th Street, and; 34th Street from the EL of Crestline to the WL of 
Tyler Road, Project No. 472-82963 to serve Skyway Industrial Park, (at Tyler Road, 
south of 31st Street South) ($173,000 S.A.)

	100 Percent Petition for improving of Norman from the EL of Crestline to 
the WL of Tyler Road, Project No. 472-82964 to serve Skyway Industrial Park, (at 
Tyler Road, south of 31st Street South) ($79,000 S.A.)

	100 Percent Petition for improving of Norman from the EL of Tyler Road to 
the NL of 33rd Street, and; 33rd Street from the EL of Tyler Road to the EL of 
Norman, Project No. 472-82965 to serve Skyway Industrial Park, (at Tyler Road, 
south of 31st Street South) ($200,000 S.A.)

Motion --	Knight moved that the Petitions be approved and the Resolutions be 
adopted; the documents be received and filed and recorded with the Register of 
Deeds; the plat be approved as recommended and the Mayor be authorized to sign; 
and the associated zone change SCZ-0657 Ordinance be placed on first reading with 
publication of the Ordinance being withheld until such time as the plat has been 
recorded with the Register of
       -- carried	Deeds.  Motion carried 5 to 0.  (Ferris, Kamen; absent)

				RESOLUTION NO. R-98-297

Resolution of findings of advisability and Resolution authorizing construction of 
Water Distribution System Number 448-89292 (at Tyler Road, south of 31st Street 
South)in the City of Wichita, Kansas, pursuant to findings of advisability made by 
the Governing Body of the City of Wichita, Kansas, presented.  Knight moved that 
the Resolution be adopted.  Motion carried 5 TO 0.  (Ferris, Kamen; absent)  Yeas: 
Cole, Gale, Lambke, Rogers, Knight.

				RESOLUTION NO. R-98-298

Resolution of findings of advisability and Resolution authorizing construction of 
Water Distribution System Number 448-89293 (at Tyler Road, south of 31st Street 
South) in the City of Wichita, Kansas, pursuant to findings of advisability made 
by the Governing Body of the City of Wichita, Kansas, presented.  Knight moved 
that the Resolution be adopted.  Motion carried 5 TO 0.  (Ferris, Kamen; absent) 
Yeas: Cole, Gale, Lambke, Rogers, Knight.

				RESOLUTION NO. R-98-299

Resolution of findings of advisability and Resolution authorizing construction of 
Water Distribution System Number 448-89295 (at Tyler Road, south of 31st Street 
South) in the City of Wichita, Kansas, pursuant to findings of advisability made 
by the Governing Body of the City of Wichita, Kansas, presented.  Knight moved 
that the Resolution be adopted.  Motion carried 5 TO 0.  (Ferris, Kamen; absent) 
Yeas: Cole, Gale, Lambke, Rogers, Knight.

				RESOLUTION NO. R-98-300

Resolution of findings of advisability and Resolution authorizing construction of 
Water Distribution System Number 448-89296 (at Tyler Road, south of 31st Street 
South) in the City of Wichita, Kansas, pursuant to findings of advisability made 
by the Governing Body of the City of Wichita, Kansas, presented.  Knight moved 
that the Resolution be adopted.  Motion carried 5 TO 0.  (Ferris, Kamen; absent) 
Yeas: Cole, Gale, Lambke, Rogers, Knight.

				RESOLUTION NO. R-98-301

Resolution of findings of advisability and Resolution authorizing construction of 
lift station and force main to serve Skyway Industrial Park, (at Tyler Road, south 
of 31st Street South) Project No. 468-829874 in the City of Wichita, Kansas, 
pursuant to findings of advisability made by the Governing Body of the City of 
Wichita, Kansas, presented.  Knight moved that the Resolution be adopted.  Motion 
carried 5 TO 0.  (Ferris, Kamen; absent)  Yeas: Cole, Gale, Lambke, Rogers, 
Knight.

				RESOLUTION NO. R-98-302

Resolution of findings of advisability and Resolution authorizing construction of 
Lateral 407, Southwest Interceptor Sewer to serve Skyway Industrial Park, (at 
Tyler Road, south of 31st Street South) Project No. 468-82875 in the City of 
Wichita, Kansas, pursuant to findings of advisability made by the Governing Body 
of the City of Wichita, Kansas, presented.  Knight moved that the Resolution be 
adopted.  Motion carried 5 TO 0.  (Ferris, Kamen; absent)  Yeas: Cole, Gale, 
Lambke, Rogers, Knight.

				RESOLUTION NO. R-98-303

Resolution of findings of advisability and Resolution authorizing constructionof 
Lateral 408, Southwest Interceptor Sewer to serve Skyway Industrial Park, (at 
Tyler Road, south of 31st Street South) Project No. 468-82876 in the City of 
Wichita, Kansas, pursuant to findings of advisability made by the Governing Body 
of the City of Wichita, Kansas, presented.  Knight moved that the Resolution be 
adopted.  Motion carried 5 TO 0.  (Ferris, Kamen; absent)  Yeas: Cole, Gale, 
Lambke, Rogers, Knight.

				RESOLUTION NO. R-98-304

Resolution of findings of advisability and Resolution authorizing construction of 
Lateral 409, Southwest Interceptor Sewer to serve Skyway Industrial Park, (at 
Tyler Road, south of 31st Street South) Project No. 468-82877 in the City of 
Wichita, Kansas, pursuant to findings of advisability made by the Governing Body 
of the City of Wichita, Kansas, presented.  Knight moved that the Resolution be 
adopted.  Motion carried 5 TO 0.  (Ferris, Kamen; absent)  Yeas: Cole, Gale, 
Lambke, Rogers, Knight.

				RESOLUTION NO. R-98-305

Resolution of findings of advisability and Resolution authorizing construction of 
StormWater Drain No. 140 to serve Skyway Industrial Park, (at Tyler Road, south of 
31st Street South) Project No. 468-82878 in the City of Wichita, Kansas, pursuant 
to findings of advisability made by the Governing Body of the City of Wichita, 
Kansas, presented.  Knight moved that the Resolution be adopted.  Motion carried 5 
TO 0.  (Ferris, Kamen; absent)  Yeas: Cole, Gale, Lambke, Rogers, Knight.

				RESOLUTION NO. R-98-306

Resolution of findings of advisability and Resolution authorizing constructionof 
Storm Water Sewer No. 506 to serve Skyway Industrial Park, (at Tyler Road, south 
of 31st Street South) Project No. 468-82879 in the City of Wichita, Kansas, 
pursuant to findings of advisability made by the Governing Body of the City of 
Wichita, Kansas, presented.  Knight moved that the Resolution be adopted.  Motion 
carried 5 TO 0.  (Ferris, Kamen; absent)  Yeas: Cole, Gale, Lambke, Rogers, 
Knight.

				RESOLUTION NO. R-98-307

Resolution of findings of advisability and Resolution authorizing construction of 
Storm Water Sewer No. 507 to serve Skyway Industrial Park, (at Tyler Road, south 
of 31st Street South) Project No. 468-82880 in the City of Wichita, Kansas, 
pursuant to findings of advisability made by the Governing Body of the City of 
Wichita, Kansas, presented.  Knight moved that the Resolution be adopted.  Motion 
carried 5 TO 0.  (Ferris, Kamen; absent)  Yeas: Cole, Gale, Lambke, Rogers, 
Knight.

				RESOLUTION NO. R-98-308

Resolution of findings of advisability and Resolution authorizing construction of 
Storm Water Sewer No. 508 to serve Skyway Industrial Park, (at Tyler Road, south 
of 31st Street South) Project No. 468-82881 in the City of Wichita, Kansas, 
pursuant to findings of advisability made by the Governing Body of the City of 
Wichita, Kansas, presented.  Knight moved that the Resolution be adopted.  Motion 
carried 5 TO 0.  (Ferris, Kamen; absent)  Yeas: Cole, Gale, Lambke, Rogers, 
Knight.

				RESOLUTION NO. R-98-309

Resolution of findings of advisability and Resolution authorizing construction of 
Storm Water Sewer No. 509 to serve Skyway Industrial Park, (at Tyler Road, south 
of 31st Street South) Project No. 468-82882 in the City of Wichita, Kansas, 
pursuant to findings of advisability made by the Governing Body of the City of 
Wichita, Kansas, presented.  Knight moved that the Resolution be adopted.  Motion 
carried 5 TO 0.  (Ferris, Kamen; absent)  Yeas: Cole, Gale, Lambke, Rogers, 
Knight.

				RESOLUTION NO. R-98-310

Resolution of findings of advisability and Resolution authorizing construction of 
Storm Water Sewer No. 510 to serve Skyway Industrial Park, (at Tyler Road, south 
of 31st Street South) Project No. 468-82883 in the City of Wichita, Kansas, 
pursuant to findings of advisability made by the Governing Body of the City of 
Wichita, Kansas, presented.  Knight moved that the Resolution be adopted.  Motion 
carried 5 TO 0.  (Ferris, Kamen; absent)  Yeas: Cole, Gale, Lambke, Rogers, 
Knight.

				RESOLUTION NO. R-98-311

Resolution of findings of advisability and Resolution authorizing improving of 
Calvert Street from the EL of Maize Road to the EL of Crestline, Project No. 472- 
82960 to serve Skyway Industrial Park, (at Tyler Road, south of 31st Street South) 
in the City of Wichita, Kansas, pursuant to findings of advisability made by the 
Governing Body of the City of Wichita, Kansas, presented.  Knight moved that the 
Resolution be adopted.  Motion carried 5 TO 0.  (Ferris, Kamen; absent)  Yeas: 
Cole, Gale, Lambke, Rogers, Knight.



				RESOLUTION NO. R-98-312

Resolution of findings of advisability and Resolution authorizing improving of 
31st Street South and Norman from the EL of Maize Road to the EL of Crestline, 
and; decel lane along the east side of Maize Road from the SL of 31st Street South 
to a point 275' south of the SL of 31st Street South, Project No. 472-82961 to 
serve Skyway Industrial Park, (at Tyler Road, south of 31st Street South) in the 
City of Wichita, Kansas, pursuant to findings of advisability made by the 
Governing Body of the City of Wichita, Kansas, presented.  Knight moved that the 
Resolution be adopted.  Motion carried 5 TO 0.  (Ferris, Kamen; absent)  Yeas: 
Cole, Gale, Lambke, Rogers, Knight.

				RESOLUTION NO. R-98-313

Resolution of findings of advisability and Resolution authorizing improving of 
Crestline from the NL of Calvert Street to the SL of Norman, Project No. 472-82962 
to serve Skyway Industrial Park, (at Tyler Road, south of 31st Street South) in 
the City of Wichita, Kansas, pursuant to findings of advisability made by the 
Governing Body of the City of Wichita, Kansas, presented.  Knight moved that the 
Resolution be adopted.  Motion carried 5 TO 0.  (Ferris, Kamen; absent)  Yeas: 
Cole, Gale, Lambke, Rogers, Knight.

				RESOLUTION NO. R-98-314

Resolution of findings of advisability and Resolution authorizing improving of 
Crestline from the SL of Calvert to the NL of 34th Street, and; 34th Street from 
the EL of Crestline to the WL of Tyler Road, Project No. 472-82963 to serve Skyway 
Industrial Park, (at Tyler Road, south of 31st Street South) in the City of 
Wichita, Kansas, pursuant to findings of advisability made by the Governing Body 
of the City of Wichita, Kansas, presented.  Knight moved that the Resolution be 
adopted.  Motion carried 5 TO 0.  (Ferris, Kamen; absent)  Yeas: Cole, Gale, 
Lambke, Rogers, Knight.

				RESOLUTION NO. R-98-315

Resolution of findings of advisability and Resolution authorizing improving of 
Norman from the EL of Crestline to the WL of Tyler Road, Project No. 472-82964 to 
serve Skyway Industrial Park, (at Tyler Road, south of 31st Street South) in the 
City of Wichita, Kansas, pursuant to findings of advisability made by the 
Governing Body of the City of Wichita, Kansas, presented.  Knight moved that the 
Resolution be adopted.  Motion carried 5 TO 0.  (Ferris, Kamen; absent)  Yeas: 
Cole, Gale, Lambke, Rogers, Knight.

				RESOLUTION NO. R-98-316
	
Resolution of findings of advisability and Resolution authorizing improving of 
Norman from the EL of Tyler Road to the NL of 33rd Street, and; 33rd Street from 
the EL of Tyler Road to the EL of Norman, Project No. 472-82965 to serve Skyway 
Industrial Park, (at Tyler Road, south of 31st Street South) in the City of 
Wichita, Kansas, pursuant to findings of advisability made by the Governing Body 
of the City of Wichita, Kansas, presented.  Knight moved that the Resolution be 
adopted.  Motion carried 5 TO 0.  (Ferris, Kamen; absent)  Yeas: Cole, Gale, 
Lambke, Rogers, Knight.

				ORDINANCE

	An Ordinance changing the zoning classifications or districts of certain 
lands located in the City of Wichita, Kansas, under the authority granted by 
Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under 
the rules laid over. SCZ-0675


	Council Member Kamen present.

A 98-13	A 98-13 - ESTABLISHING FUTURE PUBLIC HEARING ON THE ANNEXATION OF ELIGIBLE 
PROPERTIES GENERALLY LOCATED NORTH AND SOUTH OF 53RD STREET NORTH, EAST AND WEST 
OF MERIDIAN AND NORTH OF I-235, BETWEEN ARKANSAS AVENUE AND BROADWAY.  (District 
VI)

Marvin Krout	Director of Planning reviewed the Item.

	Agenda Report No. 98-642.

The resolution expresses an interest in annexing certain eligible properties to 
the City of Wichita and establishes a future public hearing date of September 15, 
1998 for consideration of the same.



	The areas proposed for annexation are located north and south of 53rd 
Street North, east and west of Meridian and property located to the southeast 
between Arkansas Avenue and Broadway, north of I-235.  Since some of the 
properties in these areas are unplatted and do not currently bound the city 
limits, the proposed annexation will encompass two phases.  Phase I, contains 
approximately 619 acres and 538 properties (513 platted and 25 unplatted) as well 
as that portion of the Little Arkansas River and the Big Ditch adjacent to the 
subject properties.  The majority of the subject property is zoned "SF-20" Single-
Family Residential with several tracts zoned "GO" General Office, "LC" Limited 
Commercial, "GC" General Commercial and "LI" Limited Industrial.  Those tracts 
zoned "SF-20" Single-Family Residential will convert to the "SF-6 Single-Family 
Residential district upon annexation while remaining tracts will retain their 
current zoning.  Upon completion of Phase I of the proposed annexation, the 
remaining 40 unplatted properties will become eligible and are therefore proposed 
for annexation in Phase II. 

If the City Council desires to proceed with this annexation, the Council should 
adopt the resolution establishing the hearing date.  If the resolution is adopted, 
notification of the adoption of this resolution will be sent to those property 
owners involved.  Such notification is required by State law.

In the event the future hearing date is established, a plan for extension of 
municipal services to the area will be placed on file in the City Clerk’s Office. 
The Service Extension Plan outlines the City’s intentions to provide major 
municipal services to the area. 

The total appraised value of the land and improvements in Phase I of the proposed 
annexation is $34,776,690, and the resulting in an annual City Ad Valorem tax 
revenue will be approximately $126,869.  Major municipal services to be provided 
to this area upon annexation are street maintenance, ditch cleaning, culvert 
cleaning, fire protection, police protection, building code enforcement, and 
health code enforcement.  The cost of municipal services to be provided upon 
annexation will be funded by the operating departments currently delivering these 
services.  Major municipal services that may be provided to this area upon request 
by the property owners are local street improvements, water service, and sewer 
service.  The cost of municipal services requested by the property owners will be 
distributed among the City at large and the benefitting property owners according 
to current City policies.

In the absence of an annexation request from a property owner, State law requires 
the adoption of a resolution by the City Council indicating the City’s intent to 
annex, a description of the property to be annexed, and a notice of the time and 
place for a public hearing to consider the matter.  Copies of the resolution must 
be mailed, by certified mail, to all owners of the property proposed to be annexed 
within 10 days of adoption, and the resolution must be published once in the 
official City newspaper not less than one week nor more than two weeks prior to 
the public hearing date.  A report stating the plans for the extension of 
municipal services to the proposed annexation area must also be placed on file for 
public inspection in the City Clerk’s Office.

Motion --	Cole moved that the Service Extension Plan be accepted and the 
Resolution be
       -- carried	adopted.  Motion carried 6 to 0.  (Ferris absent)

				RESOLUTION NO. R-98-296

	A Resolution declaring an interest in, and establishing a public hearing 
date for considering the unilateral annexation of properties generally located 
north and south of 53rd Street North, east and west of Meridian, and north of I-
235, between Arkansas Avenue and Broadway, to the City of Wichita, Kansas, 
presented.  Cole moved that the Resolution be adopted.  Motion carried 6 to 0.  
(Ferris absent) Yeas: Cole, Gale, Kamen, Lambke, Rogers, Knight.


A 98-17	A 98-17 - REQUEST THE ANNEXATION OF PROPERTY ADJOINING THE CITY AND 
GENERALLY LOCATED ½ MILE NORTH OF CENTRAL AND WEST OF 127TH STREET EAST.  
(District II)

Marvin Krout	Director of Planning reviewed the Item.

	Agenda Report No. 98-642.

The applicant, Kevin Daves of Clifton Development, LLC, is requesting the 
annexation of property generally located ½ mile north of Central and west of 127th 
Street East.  According to the water agreement provided by the applicant, the 
proposed annexation area consists of approximately 26.72 acres and will be 
developed with 67 single family residential lots.  A final plat for the Country 
Club Court Addition was approved by the City Council on November 18, 1997.  It was 
recorded by the County Register of Deeds on January 30, 1998.


The developer of this addition is obtaining City water service and, through the 
platting process, has  signed an agreement accepting future annexation.  This 
agreement was recorded and is binding on subsequent landowners.  The agreement 
states that:  "the owners of land covered hereunder do hereby consent to, 
petition, and request the annexation of such lands by the City of Wichita at such 
time as it determines appropriate (as contemplated in K.S.A. 12-519 et. seq.). 
Until such time as the annexation occurs, the owners covenant and agree they will 
not seek incorporation as a separate city nor annexation to any other city of the 
land, or any part thereof.  The foregoing consent to annexation and covenants are 
hereby made binding on all heirs, successors and assigns and are made a covenant 
to run with the land and shall not be withdrawn without the consent of the City of 
Wichita; and in the event such consent is given, said services above may be 
terminated at the option of the City of Wichita."

The site is currently being graded for single-family development.  The current 
zoning is "SF-6" Single Family Residential.  A zoning change from "SF-20" to "SF- 
6" was approved for the property by the Board of County Commissioners on April 23, 
1997.

The land uses in the area are predominately residential, with the exception of the 
church to the south and the golf course/clubhouse complex to the northeast, across 
127th Street.  The property to the west (K-96 Expressway), south (East Point 
Church of Christ), and northeast (Crestview Country Club) are currently zoned "SF- 
20".  Property adjoining the application area to the north is zoned "SF-6" and is 
developed as a single-family subdivision (Whitetail).  To the east is a 
condominium complex (The Villa) with "LC" Limited Commercial zoning, as well as a 
residential area with "SF-6" Single-Family Residential zoning (Crestridge 
Addition).

Municipal water service is located on site from a 16 inch Wichita water line, and 
sewer service is also available to this site from the Four-Mile sewer district.

The property has access to 127th Street East, a 2-lane paved section-line road. 
Existing traffic volume along 127th Street, between 13th Street North and Central, 
is approximately 5,277 average daily trips (ADT).  The 2020 Transportation Plan 
projects traffic along 127th Street to increase to approximately 7,520 ADT.  The 
existing and projected traffic volume at this site are below current capacity 
(8,000 - 10,000 ADT).  The Plan identifies this segment of 127th Street as 
remaining a 2-lane arterial.  Furthermore, Sedgwick County's adopted Capital 
Improvement Program (CIP) does not indicate any plans to widen 127th Street.

The Wichita Fire Department, operating out of Station Number 14, located at 6408 
Farmview, can serve this site with an approximate 11 minute response time.  A new 
City Fire Station is currently being constructed and will cut the response time in 
half to 5 minutes.  The new station is scheduled to open October 1998 and will be 
located at 2808 N. Webb Road.  Sedgwick County's Station Number 38, located at 
1010 N. 143rd Street East, provides a 5 minute response time via the 1st responder 
agreement between the City and County.  Upon annexation, police protection will be 
provided to the area by the Patrol East Bureau of the Wichita Police Department 
which is headquartered at 350 S. Edgemoor.

This area is located approximately 4 miles from Eastview Park as well as W.B. 
Harrison Park.  Eastview Park is located at 1544 N. Governeour and is 
approximately 19.98 acres.  W.B. Harrison Park is located on the east side of Webb 
Road between Harry and Lincoln and is 40.15 acres.  The proposed annexation site 
is within 1 mile of an area that has been designated as a potential future park 
site by the Park and Open Space Master Plan.

The property is located in Unified School District 385 (Andover Public School 
District).  Annexation will not change the school district.

This property is located within the urban growth area of the City of Wichita as 
delineated by the Comprehensive Plan for the metropolitan area, and is also inside 
the Policy 32 urban service area.  

The development of this site will include approximately 67 single family units 
with a total appraised value of approximately $10,720,000 which would result in a 
yearly tax revenue of $38,494 for the City of Wichita.

The property is eligible for annexation under K.S.A. 12-520 (7) of State Law.

Motion --	Kamen moved that the annexation request be approved and the 
annexation
       -- carried	Ordinance be placed on first reading.  Motion carried 6 to 
0.  (Ferris absent)

	


				ORDINANCE

	An Ordinance including and incorporating certain blocks, parcels, pieces, 
and tracts of land within the limits and boundaries of the City of Wichita, 
Kansas, and relating thereto, introduced and under the rules laid over. A 98-17


A 98-18	A 98-18 - CITY OF WICHITA ANNEXATION OF PROPERTY ADJOINING THE CITY AND 
GENERALLY LOCATED NORTHEAST OF ZOO BOULEVARD, EAST OF HOOVER, AND SOUTH OF 21ST 
STREET NORTH.  (District V)

Marvin Krout	Director of Planning reviewed the Item.

	Agenda Report No. 98-643.

The applicant, City of Wichita, is seeking the annexation of property generally 
located northeast of Zoo Boulevard, east of Hoover, and south of 21st Street 
North.  This property is bordered on the southeast by the current City boundary. 
The proposed annexation area consists of approximately 73.58 acres and will be 
used as the Northwest Water Treatment Plant Site.

The site is currently undeveloped.  The current zoning is "SF-20" Single-Family. 
Upon annexation the zoning will convert to the City's "SF-6" Single-Family 
Residential zoning category.  Unincorporated land to the north is zoned "SF-20" 
Single-Family and "LC" Limited Commercial.  Land to the southeast is zoned "SF-6" 
Single-Family Residential, "B" Multi-Family, and " LC" Limited Commercial.  The 
Wichita-Valley Center Flood Control also lies to the southeast of the property. 
Unincorporated land to the southwest is zoned "SF-20" Single-Family and "GC" 
General Commercial.

Construction of a treatment plant on the west side of the City will allow for 
expanded treatment capacity and establish a site where treatment facilities may be 
expanded further for future growth.  The location on the west side was determined 
due to the proximity of the transmission lines from Cheney and the Equus Beds 
wellfield.  The plant will also provide redundancy in the event the existing water 
treatment plant becomes inoperable.  Construction for this site is planned for 
2006 and 2007.

The property has access to 21st Street North, a 2-lane arterial; Hoover Road, a 2- 
lane road; and Zoo Boulevard, a 4-lane arterial.

The Wichita Fire Department, operating out of Station Number 7, located at 2828 W. 
13th Street, can serve this site with an approximate 5 minute response time.  Upon 
annexation, any needed police protection will be provided to the area by the 
Patrol West Bureau of the Wichita Police Department which is headquartered at 661 
N. Elder.

This property is located within the urban growth area of the City of Wichita as 
delineated by the Comprehensive Plan for the metropolitan area, and is also inside 
the Policy 32 urban service area.  

The annexation will not bring in tax revenues to the City as it is a City owned 
property for public purposes.
 
The property is eligible for annexation under K.S.A. 12-520 (7) of State Law.

Motion --	Knight moved that the annexation request be approved and the 
annexation
       -- carried	Ordinance be placed on first reading.  Motion carried 6 to 
0.  (Ferris absent)

				ORDINANCE

	An Ordinance including and incorporating certain blocks, parcels, pieces, 
and tracts of land within the limits and boundaries of the City of Wichita, 
Kansas, and relating thereto, introduced and under the rules laid over. A 98-17



EXECUTIVE SESSION
Motion --	Knight moved that the Council recess to executive session to 
consider consultation with legal counsel on matters privileged in the attorney-
client relationship relating to pending litigation and legal advice, and 
preliminary discussions relating to the acquisition of real property for public 
purposes, and the regular meeting be resumed
       -- carried	at 3:45 p.m. in the City Council Chambers.  Motion carried 6 
to 0.  (Ferris absent)

RECESS	Council recessed at 3:15 p.m. and reconvened in regular session at 3:45 
p.m.


Mayor Knight	Mayor Knight announced that no action was necessary as a result of 
the executive session.
				


RECESS	Mayor Knight announced that the City Council meeting would recess until 
7:30 p.m. and would reconvene at the St. Elizabeth Ann Seton Church, 645 North 
119th Street West.


			Wichita, Kansas, July 14, 1989
				        Tuesday, 7:04 p.m.
			St. Elizabeth Ann Seton Church
			645 North 119th Street West
			Wichita, Kansas 

		The City Council met in regular session with Mayor Knight in the 
Chair. Council Members Cole, Ferris, Gale; present.  (Council Members Kamen, 
Lambke, Rogers; absent)

		Chris Cherches, City Manager; Doug Moshier, Senior Assistant City 
Attorney; Pat Burnett, City Clerk; present.

	
A 98-10	A 98-10 -THE CITY OF WICHITA SEEKS THE ANNEXATION OF LAND GENERALLY LOCATED 
SOUTH AND EAST OF THE INTERSECTION OF CENTRAL AVENUE AND 13TH STREET WEST.  (Dist. 
V)

Marvin Krout	Director of Planning reviewed the Item.

	Agenda Report No. 98-627.

	On May 12, 1998 the City Council adopted a resolution that established July 
14, 1998 at 7:00 p.m. at the St. Elizabeth Ann Seton Church, 645 N. 119th Street 
West, Wichita, Kansas as the time and place for a public hearing on the question 
of annexing certain, eligible properties generally located south and east of the 
intersection of Central Avenue and 135th Street West.  The area proposed for 
annexation is located north and south of Central Avenue between 135th Street West 
and Wheatland Avenue.  Since some of the property in this area is unplatted and 
does not currently bound the City limits, the proposed annexation will encompass 
two phases.  Phase I, which is bounded by land in the city limits to the east, 
south and west, is comprised of the Rainbow Lake Estates Addition, the Country 
Villa Estates Addition, and portions of the Rainbow Lakes West Addition.  Upon 
completion of Phase I of the proposed annexation, the remaining developed property 
in this area will be bounded on the west, south, and east by the City and will be 
proposed for annexation in Phase II.

	An informational meeting on the proposed annexation was held on June 30, 
1998 at the St. Elizabeth Ann Seton Church.   Approximately 15  property owners 
attended the meeting.  At the meeting, the property owners raised the following 
issues:

	1)	They were concerned about being forced to connect to water and 
sewer and, once those concerns were addressed, they asked questions about 
how water and sewer service could be extended if a majority of property 
owners desired service.
	2)	They were concerned that sufficient right-of-way is not available 
to widen Central.  Since the project has not been designed, the specific 
location of the project has not been identified.  However, the existing 
right-of-way south of Central is believed to be sufficient.
	3)	They were concerned about additional commercial development being 
allowed to occur in the area.
	4)	They asked if the City would consider paving neighborhood streets 
without curb and gutter.  Staff recommended against this option but stated 
that it is possible to pave the streets and leave the open ditch sections 
if a majority of the property owners desire to do so.
	5)	The homeowner’s association has a restrictive covenant against 
fenced lots, but City Code requires a fence or certain retractable covers 
for pools. Staff stated that owners could install a retractable pool cover 
in lieu of a fence.

	In accordance with Kansas statutes, a Service Extension Plan was prepared 
for this unilateral annexation.  The plan describes the means by which City 
services will be extended to the area.  Map No. 2 in this plan indicates the 
properties proposed for annexation.  This annexation helps to simplify the 
boundaries of Wichita in this area by adding properties to the corporate limits 
that are bounded on three sides by land in the City of Wichita.




	The total appraised value of the land and improvements in Phase I is 
$6,073,040, with a resulting annual City Ad Valorem tax revenue of approximately 
$21,824. Major municipal services to be provided to this area upon annexation are 
street maintenance, ditch cleaning, culvert cleaning, fire protection, police 
protection, building code enforcement, and health code enforcement.  The cost of 
municipal services to be provided upon annexation will be funded by the operating 
departments currently delivering these services.  Major municipal services that 
may be provided to this area upon request by the property owners are local street 
improvements, water service, and sewer service.  The cost of municipal services 
requested by the property owners will be distributed among the City at large and 
the benefitting property owners according to current City policies.

	The Service Extension Plan has been on file for public inspection in the 
Office of the City Clerk.  Copies of the resolution establishing the public 
hearing, together with a map showing the properties affected and a notice of the 
public hearing, were sent by certified mail to all property owners of record in 
the proposed annexation area and to other established governmental entities and 
utility services.  Copies of the resolution and map have also been published in 
the official City newspaper as further notification of the scheduled public 
hearing.

	The Metropolitan Area Planning Commission reviewed the proposed annexation 
for compatibility with the adopted elements of the Comprehensive Plan on June 11, 
1998.  The staff report presented at this MAPC meeting indicates that the proposed 
annexation is in conformance with the Comprehensive Plan.  The MAPC found that the 
proposed annexation is in conformance with the Comprehensive Plan by a vote of 13- 
0.

	At the public hearing, Kansas statutes require that the City’s plan for 
extending major municipal services be presented and that all persons interested in 
the annexation be heard.  After hearing all comments of the persons interested, 
the City Council has the option of continuing or closing the public hearing, and 
approving or rejecting the annexation proposal.

Mayor Knight	Mayor Knight inquired whether anyone wished to be heard and no one 
appeared.

Motion --	Ferris moved that the annexation request be approved and the 
annexation
       -- carried	Ordinance be placed on first reading.  Motion carried 4 to 
0.  (Kamen, Lambke, Rogers; absent)

				ORDINANCE

	An Ordinance including and incorporating certain blocks, parcels, pieces, 
and tracts of land within the limits and boundaries of the City of Wichita, 
Kansas, and relating thereto, introduced and under the rules laid over. A 98-10


ADJOURNMENT	The City Council meeting adjourned at 7:13 p.m.



	Pat Burnett
	City Clerk



COUNCIL PROCEEDINGS

JOURNAL 166                              JULY 14, 1998