MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, April 15, 1997 Tuesday, 9:00 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Kamen, Lambke, Rogers; present. * Council Member Ferris absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Kathy Pewewardy; Deputy City Clerk; present. The invocation was given by Anita Raghavan, Hindu Prayer. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of April 8, 1997, were -- approved approved 6 to 0. (Ferris absent) AWARDS AND PRESENTATIONS RECOGNITION Guests from Orleans, France, were recognized. *Council Member Ferris present. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. CERTIFICATES Professional Development and Supervisory/Management Certificates were presented. PUBLIC AGENDA LONNIE ROLFE, SR. COMMENTS BY LONNIE ROLFE, SR. Lonnie Rolfe, Sr. of 317 N. Madison spoke regarding drainage problems in the center of the 1300 block on North Madison and asked the City Council to consider raising the center of the street to improve drainage. Council Member Rogers Council Member Rogers said he had spoken with Mr. Rolfe in March regarding the drainage problem and Public Works has now scheduled additional sewer work for the area. UNFINISHED BUSINESS GROENDYKE TRANSPORT PUBLIC HEARING AND TAX EXEMPTION REQUEST - GROENDYKE TRANSPORT, INC. (District VI) Continued from April 1, 1997. Allen Bell Financial Projects Director reviewed the item. Agenda Report No. 97-279. Groendyke Transport, Inc. (Groendyke), is one of the nations largest motor carriers of bulk and general commodities with 1,100 employees at 43 terminals serving the continental U.S., Canada and Mexico. Groendyke's truck fleet consists of 750 tractors and over 1,400 trailers which travel over 60 million miles annually transporting more than 185,000 loads. Groendyke is requesting a tax exemption on a $1,000,000 expansion project consisting of the construction of a 6,000 s.f. facility on five (5) acres at 37th Street North and Ohio in north Wichita. Groendyke has been engaged in the distribution of interstate commerce products since 1932. Groendyke has over 34 employees and expects to add 51 new employees over the next 5 years with this expansion. The $1,000,000 expansion project will consist of the following: Construction: 6,000 s.f. building $1,000,000 Total Project: $1,000,000 Under the City's Business Incentives Policy, Groendyke is eligible for the following: TAX EXEMPTION ELIGIBILITY ELIGIBLE % INCENTIVE EXPLANATION 65.0% New Job Creation: Groendyke presently employs 34 fulltime employees and expects to hire an additional 51 employees within the first 5-years after the completion of the project. 16.5% Capital Improvements: Groendyke will invest approximately $1,000,000 in the construction and equipping of a building. 81.5% Total Business Incentives 50.0% TOTAL ELIGIBLE FOR BUSINESS INCENTIVES (Maximum allowed is 50%) 37.5% Export Premium Groendyke stores commodities sold or traded in interstate commerce and exports 75% of its product out of the State of Kansas. 37.5% TOTAL ELIGIBLE FOR EXPORT PREMIUM (Maximum allowed is 50%) 20.0% Location Premium: Groendyke is located in an area eligible for this incentive. 100.0% TOTAL EXEMPTION ALLOWED UNDER BUSINESS INCENTIVE POLICY Groendyke is asking for a 100.0% tax exemption for five years on real property and for 50.0% exemption on real property for a second five years, as provided under the City's policy guidelines. However, due to the limited scope of the project, staff is recommending the exemption be limited to five years. A notice of public hearing has been published. Groendyke will maintain a City of Wichita approved EEO/AA Plan for the full term of the Tax Exemption. The estimated first year taxes on Groendyke's proposed $1,000,000 project under the 1996 mill levy on property within the Wichita City limits would be $28,170. Using the allowable tax exemption of 100.0%, the City would be exempting, for the first year, $28,170 of new taxes from the property tax rolls. Wichita State University Center for Economic Development and Business Research Cost-Benefit Analysis indicates a ratio of 1.95 for the City of Wichita; 1.66 for Sedgwick County; 1.10 for USD 259 of benefits to costs with a 100.0 percent exemption for Groendyke. Groendyke is new to the City of Wichita and has not paid real and personal property taxes in the past. The policy exemption equates to $552 of exempted taxes per each new job (51 new jobs). The tax exemption will be shared among the taxing entities as follows: City - $7,812; County/State - $7,390; and USD 259 - $12,968. The Business Incentives Policy provides for an eligible 100.0% tax exemption for five years on a newly constructed building. Mayor Knight Mayor Knight inquired if anyone wished to be heard. John Prather John Prather, President of Corporate Relations of Groendyke Incorporated, stated that Groendyke was a responsible, no leaks, no spill transport facility. Groendyke is the only ISO tank truck facility in Kansas. Discussion was had regarding the definition of a warehouse. It was decided the current guidelines or policies should be followed until changed by the City Council. Motion -- Cole moved that the public hearing be closed; a 100% tax exemption for five years be approved; a 50% tax exemption for the following five years; and the Ordinance be placed on first reading. Council Member Ferris Council Member Ferris suggested staff work on tightening up the language and definition of warehouse and return it for council consideration in two to three weeks. Amendment -- Cole, with consent of the second, amended the motion to grant a 100% tax exemption for five years with a 50% tax exemption to be returned for Council consideration at the end of the first five years. -- carried Motion, as amended, carried 5 to 2. Kamen, Lambke - No. ORDINANCE An Ordinance exempting property from ad valorem taxation for economic development purposes pursuant to Article 11, Section 13, of the Kansas Constitution; providing the terms and conditions for ad valorem tax exemption; and describing the property of Groendyke Transport, Inc., so exempted, introduced and under the rules laid over. NEW BUSINESS IRB KANSAS MASONIC HOME REQUEST FOR LETTER OF INTENT FOR HEALTH CARE FACILITIES IMPROVEMENT REVENUE BONDS - KANSAS MASONIC HOME. (District VI) Chris Cherches City Manager reviewed the item. Agenda Report No. 97-315. The Kansas Masonic Home will use the bond proceeds, anticipated to be issued in one or more series, to finance the costs of expansion and improvement projects including a 60-unit assisted living facility at the Kansas Masonic Home Facilities located at Seneca and Maple Street in Southwest Wichita. No tax abatement is being requested for the project. The Kansas Masonic Home is a not-for-profit corporation supported by approximately 34,000 members of the Order of the Eastern Star of Kansas. The services of the Kansas Masonic Home are provided in a geographic area mainly comprised of Sedgwick, Butler, Harvey, Cowley, Reno, Kingman and Sumner Counties in Kansas. The Kansas Masonic Home is a nursing care provider and retirement facility which operates three main programs: (1) licensed extended care and skilled nursing care center; (2) a home health care program serving the elderly in the Wichita metro area; and (3) an independent living facility. The proposed assisted living facility will consist of approximately 60 resident units in a two- and three-story structure with a town square as a focal point for social, recreational and educational activities for the residents. The town square will be in a three-story atrium space. Resident units will be clustered around social gathering areas located within separate small atriums. In addition to the town square, the assisted living facility will have a restaurant-style dining facility. There will also be a wellness center comprised of swimming pool, exercise room and locker rooms. The existing dining rooms will be expanded into a two-story addition and existing dining rooms will be remodeled into multipurpose day rooms and offices. Proceeds from the sale of the $6.0 million of Health Care Facilities Improvement Revenue Bonds will be used, together with $794,298 in funds from the Kansas Masonic Home, to construct a 60-unit, two- and three-story assisted living facility and to expand its existing dining facilities, all designed to blend with the current architecture of the Kansas Masonic Home, as follows: SOURCE OF FUNDS Bond Proceeds $6,000,000 Tenant Funds 794,298 Total Sources $6,794,298 USE OF FUNDS Construction 5,794,323 Equipment 172,500 Professional Fees 260,500 Underwriting Fees 114,000 Original Issue Discount 94,875 Administrative Costs 15,600 Other Costs of Issuance 60,000 Contingency 282,500 Total Uses: $ 6,794,298 The Kansas Masonic Home expects to employ an additional 24 people, increasing employment from the current level of 165 full-time employees to 189 full-time employees. The Bonds will be underwritten and publicly offered to investors by Ranson & Associates, Inc. The Kansas Masonic Home has an approved Equal Employment Opportunity/Affirmative Action Plan and an approved Water Conservation Plan. The Kansas Masonic Home agrees to pay all costs of issuing the bonds, and agrees to pay the City's annual administrative fee for the term of the bonds. No tax abatement will be granted by virtue of the bond issue. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that issuance of a Letter of Intent to Kansas Masonic Home, in an amount not to exceed $6.0 million for a six-month period be approved subject to conditions: 1. Negotiation of a Lease Agreement and Bond Ordinance. 2. Arrangement for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds. 4. Agreement for administrative fees of $2,500 for the term of the bonds. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. Approved Equal Employment Opportunity/Affirmative Action Plan. 7. Approved Water Conservation Plan. 8. Agreement that no tax abatement will be granted as a result of the issuance of the bonds. 9. Agree to submit building and site plans to the City Manager's Aesthetic Review Team (CART) for their review and to modify the proposed design to comply with any reasonable conditions or recommendations. 10. An agreement to provide the City at the time the proposed Lease Agreement is submitted, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA will be conducted by an independent consultant who is a recognized expert in the area. Industrial revenue bonds will not be issued of the ESA discloses environmental conditions that might have implications for buyers under the liability provisions of SARA. 11. An agreement that if the bonds are to be sold by public sale, the applicant will not, during the period of time any industrial revenue bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of such relationship. 12. Applicant is required to furnish copies of their annual audits to the City. 13. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 14. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the bond issue. 15. Applicant is encouraged to utilize Minority-owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. -- carried Motion carried 7 to 0. TAX EXEMPTION REQUEST HEARING AND TAX EXEMPTION REQUEST - AERO-MACH LABORATORIES, INC. (District II) Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-316. Aero-Mach Laboratories, Inc. (Aero-Mach), is a manufacturer of aircraft instrumentation to meet STC-PMA requirements. Aero-Mach, located at 7707 E. Funston, is requesting a tax exemption on a $1,184,358 expansion project in which it will purchase and remodel a 50,000 s.f. building and certain machinery and equipment. Aero-Mach has been engaged in the manufacture of aircraft instrumentation products since 1971. Aero-Mach builds more than 80 different instruments and components for several aircraft manufacturing companies. Aero- Mach offers a broad array of services and replacement equipment and provides repair and overhaul services. Aero-Mach has 78 employees and expects to add another 43 new employees over the next 5 years. The $1,184,358 expansion project is presently anticipated to consist of the following (but such listing may be modified to reflect ultimate acquisition of similar real property or other or different items of machinery and equipment, subject to the requirements that all such property be used for the expansion of Aero-Mach's business as described in the Ordinance, and subject to a maximum total dollar value of $1,184,358): Real Property: 50,000 s.f. building: (Purchase and remodel) $1,139,000 Personal Property: (Purchase) Paint Booth $ 2,084 Vacuum Pump 2,085 Compressor Pump 2,918 Air Dryer 871 Air Data Test Set 10,500 Digital Multimeter 970 Power Supply 1,595 Tachometer Tester 4,240 Circuit Board Router 8,995 E-prom Programmer 2,400 CAD System Station 8,700 Total Machinery: $ 45,358 Total Project: $1,184,358 Under the City's Business Incentives Policy, Aero-Mach is eligible for the following: TAX EXEMPTION ELIGIBILITY ELIGIBLE % INCENTIVE EXPLANATION 58.0% New Job Creation: Aero-Mach presently employs 78 full- time employees at its facilities and expects to hire an additional 43 employees within the first 5- years after the completion of the project. 18.0% Capital Improvements:Aero-Mach will invest approximately $1,184,358 in the purchase and remodeling of a building and the purchase of additional personal property. 76.0% Total Business Incentives 50.0% TOTAL ELIGIBLE FOR BUSINESS INCENTIVES (Maximum allowed is 50%) 50.0% Export Premium Aero-Mach provides products and services to aircraft companies such as Cessna and Raytheon, among others and exports 100% of its product out of the State of Kansas. 50.0% TOTAL ELIGIBLE FOR EXPORT PREMIUM (Maximum allowed is 50%) 100.0% TOTAL EXEMPTION ALLOWED UNDER BUSINESS INCENTIVE POLICY Under the City's guidelines, Aero-Mach is eligible for a 100.0% tax exemption for five years on real and personal property and for a 50.0% exemption on real property for a second five years. A notice of public hearing has been published. Aero-Mach will maintain a City of Wichita approved EEO/AA Plan for the full term of the Tax Exemption. The estimated first year taxes on Aero-Mach's proposed $1,184,358 project under the 1996 mill levy on property within the Wichita City limits would be $33,181. Using the allowable tax exemption of 100%, the City would be exempting, for the first year, $33,181 of new taxes from the property tax rolls. Wichita State University Center for Economic Development and Business Research Cost-Benefit Analysis, assuming a 100.0% percent exemption, indicates a ratio of benefits to costs as follows: 2.50 for the City of Wichita; 2.00 for Sedgwick County; 1.30 for USD 259 and 13.10 for the State of Kansas. Aero-Mach paid $23,663 in existing real and personal property taxes in 1996. The policy exemption equates to $771 of exempted taxes per each new job (43 new jobs). The tax exemption will be shared among the taxing entities as follows: City -$9,202; County/State - $8,704; and USD259 - $15,275. The Business Incentives Policy provides for consideration of 100.0% tax exemption for five years on the purchase and remodeling of a building and the purchase of personal property and of 50.0% for a second 5 years, on the building only. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the public hearing be closed; a 100.0% tax exemption for five years on the purchase and remodeling of a building and the purchase of personal property and 50.0% for a second 5 years, on the building only be approved; and -- carried the Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance exempting property from ad valorem taxation for economic development purposes pursuant to Article 11, Section 13, of the Kansas Constitution; providing the terms and conditions for ad valorem tax exemption; and describing the property of Aero-Mach Laboratories, Inc., so exempted, introduced and under the rules laid over. MEMORY LANE PETITIONS FOR PAVING MEMORY LANE, 11TH STREET, CURTIS AND DORIS SOUTH OF 13TH, EAST OF I-235 TO SERVE ECK FOURTH ADDITION. (District V) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 97-317. KCE, Inc. (Matt Eck, President) is proposing to replat and develop a seven-acre site south of 13th and east of I-235 to provide 23 single- family residential lots. As a part of the platting process, the developer has submitted petitions to pave four street segments that serve this area: Memory lane, from Compton to Doris (54% by area) 11th Street, from Curtis to Doris (69% by area) Curtis, from the end of existing paving south of 11th to 11th (55% by area) Doris, from Memory to north of 11th (57% by area) All four petitions were signed only by the developer. However, the signature on each petition represents a majority of the improvement district area. CPO Council 5 considered the petitions on March 12, 1997. The Council voted 8-0 to recommend disapproval of the four projects. The proposed projects would pave a short section of Curtis, and a section of Doris north of 11th that are currently being maintained as dirt roads. the other street segments are not open at this time. For a number of the non-signing property owners, the projects would involve side street assessments that many see as benefiting only the developer. However, the improvement districts were laid out in accordance with established laws and criteria. The funding source for the projects is Special Assessments. The projects are proposed to be funded on a square footage of ownership basis. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Sandra Throop Sandra Throop, 5114 Memory Lane, and said she did not understand why an entire street is needed when an easement would be just as useful. Terry McComber Terry McComber, 5120 Memory Lane, said residents were not told of the petition and he thought the developer should pay a larger portion of the cost of the project. Kristen Lane Kristen Lane, 5108 Memory Lane, stated that she did not want a through street. The specials were paid off when the house was purchased and she is not prepared to pay specials along with the house payment. Leonard Fennewald Leonard Fennewald, 5126 Memory Lane, stated that there are many children living in the area who play and a through street will be dangerous for the children. He thinks the project is a waste of taxpayers money and further stated that there is a large body of water that collects at the end of Memory Lane that needs the attention of the City. Mike Warren Mike Warren, 1226 Curtis, said if this was approved, special assessment taxes would account for one-half of his house payment and he cannot afford an increase in his taxes. He stated that there is plentiful wildlife in the area and if the road is developed, wildlife would be severely affected. Ann McElroy Ann McElroy, 1232 Curtis, said the new street is not needed and she cannot afford the assessments. Scott Redding Scott Redding, 5131 Memory Lane, said this assessment would ruin his budget and suggested the developer pay for more of the project. Motion -- Ferris moved that the south portion of Doris be referred back to subdivision to see whether or not it is actually needed; and the remainder be deferred until the -- carried report from the subdivision is received. Motion carried 7 to 0. (This was a time certain item. Council proceeded to take up the remainder of the agenda and returned at 11:00 a.m.. Action is shown in agenda order.) CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 97-162. On February 25, 1997 a report was submitted with respect to the dangerous and unsafe conditions of the buildings located on five (5) properties. The Council adopted resolutions providing for public hearings to be held on each of these condemnation actions at 11:00 a.m. on April 8, 1997. On February 3, 1997 the Board of Code Standards and Appeals (BCSA) held a hearing on the following properties: Property Address Council District (1) 638 N. Topeka 6 (2) 710 N. Mathewson 1 (3) 1653 N. Minneapolis 1 (4) 1657 N. Minneapolis 1 (5) 328 W. Morris 6 Pursuant to State Statute the Resolutions were duly published twice, on February 28, 1997 and March 7, 1997. A copy of each resolution was sent by certified mail or given personal service delivery to the owners and lien holders of record of each described property. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of -- carried these findings. Motion carried 7 to 0. RESOLUTION NO. 97-090 A Resolution finding that the structure located on the north 20 feet of lot 35 and the south 20 feet lot 37, on Topeka Ave., J. P. Hilton's Addition to Wichita, Sedgwick County, Kansas, commonly known as 638 N. Topeka, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R 97-091 A Resolution finding that the structure located on lots 7-9, Allen now Mathewson Ave., Allen's second Addition to Wichita, Sedgwick County, Kansas, commonly known as 710 N. Mathewson, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-092 A Resolution finding that the structure located on lots 51- 53-55-57, block 6, Kansas Addition to Wichita, Sedgwick County, Kansas, commonly known as 1653 N. Minneapolis, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-093 A Resolution finding that the structure located on lots 51- 53-55-57, block 6, Kansas Addition to Wichita, Sedgwick County, Kansas, commonly known as 1657 N. Minneapolis, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-094 A Resolution finding that the structure located on the W. 50 feet of Lot 6, Safety Addition to Wichita, Sedgwick County, Kansas, commonly known as 328 W. Morris, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. MUNICIPAL COURT AMENDMENT TO THE ORDINANCE SETTING FORTH COSTS IN THE MUNICIPAL COURT. Gary Rebenstorf City Attorney reviewed the item. Agenda Report No. 97-318. This ordinance amends Section 1.04.070 of the City Code and addresses two different issues. First, subsections (b) and (j) are amended to allow the assessment of costs for the continuance of any appearance or hearing that is continued at the request of the accused person. Second, subsection (d) is amended to exempt informal administrative court hearings from the $10.00 fee for trial settings. The amendment to subsection (b) authorizes the municipal court to collect a fee to offset the administrative cost of continuing all types of pre- and post-trial hearings. Currently, the ordinance allows this fee only for trial continuances that are requested by the accused person. The administrative costs of a continuance are identical, regardless of the type of hearing, and the amendment will allow the court to recoup the cost of providing this service. Subsection (j) is amended to provide that a probation supervision fee of $25.00 will be charged per case, rather than per person. Since one person may have several cases, the amendment will allow the court to recoup the actual cost of providing probation supervision. Finally, the amendment to subsection (d) exempts informal administrative court hearings from the $10.00 trial setting fee. Since a formal trial is not provided in the administrative traffic court, and with the plan being that the case will be heard and disposed of at the time the accused person makes his or her initial appearance in the administrative traffic court, the costs of providing a trial setting will not be incurred by the municipal court. Accordingly, no trial fee should be assessed. This ordinance should generate revenues that are commensurate with the cost of providing the designated service. This Ordinance pertains to costs for continuances and administrative court hearings. Mayor Knight momentarily absent with Vice-Mayor Cole in the chair. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance ;amending Section 1.04.070 of the Code of the City of Wichita, Kansas, pertaining to costs and witness fees in cases before the Municipal Court Judge, and repealing the original of said section, introduced and under the rules laid over. DOWNTOWN PARKS ORDINANCE REGULATING POSSESSION/CONSUMPTION OF ALCOHOL AND CEREAL MALT BEVERAGES IN DOWNTOWN PARKS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-319. The Police Department and Park & Recreation Department jointly request adoption of a City ordinance that would prohibit possession of an open container of alcoholic liquor or cereal malt beverage in four downtown parks: Naftzger Park, A. Price Woodard Park, Finlay Ross Park and Heritage Squire Park. The proposed ordinance states that exceptions to the ordinance will be allowed during special events in these parks, for which a permit has been obtained from the Park Department. Over 200 individuals who work and do business in Wichita's central business district signed a petition requesting that open containers of alcohol and cereal malt beverages be banned from downtown parks, except during special events in those parks. Police officers assigned to that area of the City concur that most of the complaints in these parks are related to the consumption of alcoholic beverages, and that regulating the possession and consumption of alcohol/cereal malt beverages would help reduce crime and make downtown parks more user friendly. The proposed ordinance was approved by CPO #6 at their December 11, 1996 meeting, and it was also endorsed by the Historic Midtown Citizens Association and the Riverside Citizens Association. Police and Park Department staff presented the proposed ordinance to the Downtown business Association December 19, 1996, and it was unanimously endorsed by that group, with the stipulation that exceptions could be made to the ordinance for special events in the downtown area. The proposed ordinance was also unanimously approved by the Board of Park Commissioners at their February 10, 1997, meeting. Mayor Knight Mayor Knight inquired if anyone wished to be heard. James Krok Community Police Officer told the Council that drinking in these parks has been a problem for quite some time and he urged Council approval of the Ordinance. Carl Hill Community Police Officer told the Council that Officer Krok had worked longer in the area than he had but felt that the Ordinance needed to be passed. Motion -- Cole moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance creating Section 4.04.035 of the Code of the City of Wichita, Kansas, pertaining to possession of open container of alcoholic liquor or cereal malt beverage in downtown parks prohibited, introduced and under the rules laid over. LIBRARY STAFFING LIBRARY STAFFING. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-320. When the 1997-98 budget was adopted, there was a discussion concerning additional library staffing. Because of budget constraints, staffing levels remained constant; however, the Council was advised that another staffing evaluation would be made following the opening of the Northeast Maya Angelou Library. In the 1996/97 budget, three part-time positions were eliminated from the Library budget. These reductions were made as part of the hold-the-line expense of the Library. These reductions necessitated some small reductions in operating hours of some of branch libraries. With the Northeast Library now in operation, some concerns about safety/security have been voiced reflecting a recommended increase in staffing at this, and several other branch libraries. In addition to addressing security/safety concerns, increasing staffing should also allow the Library Director some flexibility to adjust some of the operating hours of several branches where circulation warrants. If approved, this additional (2.0 FTE) staffing would provide for at least two persons in each building during most Library hours, except in cases where a building in located in a school or neighborhood center where other (City) staff may be present during operational hours. The proposed staffing action does not contemplate the closure or further reduction of hours in any branch libraries; however, in the evaluation of staffing levels and circulation counts, there are obvious economies to be realized with closure of some of the lessor-used branch libraries. Another option that could be considered to offset any branch library service reductions or closures would be the implementation of area bookmobile routes and services. Bookmobiles are seen as a cost-effective way to continue to deliver quality library services in designated areas. Other recommendations involving replacement of a telephone system and installation of materials security systems for libraries have been deferred for 1998-99 budget deliberations. The financial constraints for library services will continue to escalate in future budgets unless additional income/revenues are available, added grants are received, and/or service reductions or lessor-used branch facilities are closed. The Council may wish to reconsider a prior year's consultant's report dealing with Wichita libraries. The cost to add staff would total $31,000. Approval of this expenses would require an adjustment in the 1997-98 budget. Funding to support this expenditure in 1997 would be from the General Fund Reserve and/or Contingency Account. Other actions to continue support the library system will be evaluated during the 1998- 99 budget preparation. The City Council has the authority to adjust budgets to accomplish the actions being recommended. A budget adjustment would be required. Council Member Rogers Council Member Rogers said that in light of the increased number of library cards issued, particularly at the Maya Angelou Library, consideration should be given to allocation of one full-time person so there would be at least two persons at all times, of administrative capacity, during working hours. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the recommended additional staffing be approved and a report be -- carried given to the Labor Management Committee. Motion carried 7 to 0. 1996 CAFR 1996 COMPREHENSIVE ANNUAL FINANCIAL REPORT. Item deferred until April 22, 1997 EXPO HALL RENOVATION EXPO HALL AND CENTURY II INTERIOR RENOVATION. (District VI) Chris Cherches City Manager reviewed the item. Agenda Report No. 97-322 Bids have indicated that the previous allocations approved for CIP Project No. CA-9510 will not be sufficient to upgrade the facility to Hyatt Standards. In order for the decor to properly coordinate, the City has entered into contracts for interior design services with Marcia Davis & Associates, Inc. (MDA), the interior designer for the Hyatt Regency Hotel and Conference Center; and with Focus Interiors, purchasing agent for the Hyatt Regency project. MDA completed design, with an estimated cost of $611,000 to complete all work ($300,000) and install all furnishings ($311,000). Bids were taken on March 14, 1997, with only one bid being submitted -- that of Metric Constructors of Atlanta, Georgia, totaling $485,351. Other project costs include a $50,000 consulting fee, and $300,000 for materials and furnishings. The total project would require $835,351. Negotiations are in progress to reduce the contract bid total cost to $760,000. The original project has $300,000 available, and $60,000 to $70,000 within the original project budget. CA-9510 was originally approved for funding entirely from general obligation (GO) bonds. An additional $400,000 is needed to complete the Expo Hall portion of the project. Source of funding is cash reserves in the Tourism and Convention fund (guest tax revenues). Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the negotiated bid of Metric Constructors in an amount not to exceed $400,000 be accepted and the mayor be authorized to sign the contract; and additional funding of up to $400,000 from Tourism and Convention Fund cash -- carried reserves be authorized. Motion carried 7 to 0. (The Council returned to Addendum Item 11 a and Item 12 at the end of the meeting; action is shown in agenda order.) Addendum Item 11 a. RAILROAD BYPASS STUDY CONTRACT WITH HOWARD NEEDLES TAMMEN AND BERGENDOFF FOR A RAILROAD BYPASS STUDY. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-302 (Supp. A). It was agreed at the Governor's meeting held on March 18th that the State of Kansas and the Union Pacific RR would jointly fund a bypass study. this study will supply reliable cost estimates for overpasses and underpasses through the central rail corridor as well as costs of a RR bypass around Wichita. At the special meeting held on April 3rd between Mayor Knight, Sedgwick County Commission Chairman Tom winters, Governor Graves and others, the decision was made to include the BN/SF Railroad in the bypass study. Because of this addition, the costs of the study have increased by $63,100 to a total cost of $238,000. Both the UP and the Governor's Office have indicated their willingness to pay the additional costs of the study $(119,000 each). Due to the need for swift action, this study was started on Monday, April 7th and is intended to be completed in four months. The contract is for a lump sum payment arrangement and will be completed within four months. The City will pay the consultant monthly and request reimbursement from the State and the UP. No funds from the City of Wichita will be used for this study. The Law Department has reviewed the contract and approved it. Motion -- Knight moved that the contract with HNTB be approved and the Mayor be authorized -- carried to sign. Motion carried 7 to 0. CITY COUNCIL AGENDA MUNICIPAL COURT REPORT OF MUNICIPAL COURT JUDGE NOMINATING COMMITTEE. Motion -- Ferris moved that this Item be deferred to the last Item on the Agenda. Motion -- carried carried 7 to 0. (The Council proceeded to take up the remainder of the Agenda and, following Executive Session, returned to this Item. Action is shown in Agenda order.) Motion -- Ferris moved that the City Council declare that there would be a vacancy in all three of the judge positions; that staff be instructed to contact the Nominating Committee and request not less than three different names for each judges seat; that the sitting Judges be requested and encouraged to apply to the Nominating Commission for those three vacant seats; that the City Attorney be instructed to draft contracts for the four-year terms of the judges; that any of the applicants would have the availability to see those contracts within a couple of weeks so they would know whether or not they were interested in those positions; the filing deadline would be May 2, 1997; the nominating commission would have until May 9, 1997, to submit recommendations to the City Council; that the City Manager set up interviews with the suggestions of the nominating committee; and the City Council would then select the judges in the open session. Amendment -- Ferris, with consent of the second, amended the motion to add that Staff be asked to outline, in the contracts, recognition of the fact that the City Council will appoint an administrative judge, and that part of the responsibility of signing the contract would be to recognize that the administrative judge does have the authority as outlined in the Ordinances. -- carried Motion, as amended, carried 7 to 0. STUDENT GOLF FEES REVIEW OF GOLF COURSE FEES FOR STUDENT AND JUNIOR GOLFING. (Council Member Ferris) Council Member Ferris Council Member Ferris said he thought the problems with Junior Golf and Student Golf had been resolved; however, there seems to be a question of whether or not fees should be $125 per year plus $2 a round or $100 per year plus $3 per round. "I think the math, based on what is historical, it is almost a moot point one way or another. It seems there are some people in the community that think that the $125 and $2 is fairer and I don't have any problem with that." Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the golf fees be set at $125 per year plus $2 per round and become effective as soon as the Park Board can get them into the system. Motion -- carried carried 7 to 0. INTERNATIONAL TRADE REPORT ON INTERNATIONAL TRADE CORRIDOR MEETING. (Council Member Ferris) Council Member Ferris Council Member Ferris represented Mayor Knight in Monterrey, Mexico, at the Summit of Mayors proposing I-35 Highway as a super highway and corridor for trade between Canada and Mexico. It was interesting to learn that Wichita's largest area of export is Canada and, since that is the case, interest was heightened even more. The purpose of the meeting was to bring together officials of communities (municipalities, regional, state, and federal), all along the I-35 corridor, to see how the corridor could enhance trade. There were approximately 300 people from Canada, the United States, and Mexico present at the meeting. There were sessions involving hearings from federal officials from three countries as well as mayors from the larger sponsoring cities (Monterrey, Mexico; Dallas, Texas; Kansas City, Missouri; and Winnepeg, Canada). The presentations involved commitments from the cities and countries to join together to form an alliance to promote the highway trade corridor. The conference involved the generation of a report outlining specific actions which must be taken to make the international trade corridor a reality, including the type of organization that will be required along with membership. There was a;n action plan that will result in the support of the development of the cooperative marking strategies regionally throughout the corridor to promote trade, tourism, and awareness, the encouragement of broad program initiatives to expand trade and economic development in corridor cities, to pursue establishment of a commission or organizational group to coordinate the efforts and resources to achieve the goals and objectives of the corridor group. The session ended with the establishment of an official partnership of North American communities linked by the international corridor aimed at committing to support public and private investments in technology, infrastructure, and human resources to advance common interests of trade. The group agreed to meet later this year in Kansas City, Missouri. Council Member Ferris presented a Resolution to Mayor Knight which had been signed by every mayor, or mayorial designee. Council Member Ferris said it was an honor to have Mayors of very large cities inquire about Mayor Knight and to make comments on the reputation Mayor Knight has built for Wichita. Council Member Ferris left the Bench. APPOINTMENTS APPOINTMENT TO SISTER CITIES ADVISORY BOARD. One appointment (Knight), for a term expiring June 30, 1997. Mayor Knight requested appointment suggestions. Motion -- Knight moved that the appointment be deferred for two weeks. Motion carried -- carried 6 to 0. (Ferris absent). AIRPORT AUTHORITY APPOINTMENT TO WICHITA AIRPORT AUTHORITY. One appointment (Cole), for a term expiring June 30, 1997. Motion -- Cole appointed Jim Gregory and moved that the appointment be approved. Motion -- carried carried 6 to 0. (Ferris absent). EMPLOYEES' RETIREMENT APPOINTMENT TO WICHITA EMPLOYEES' RETIREMENT BOARD. One appointment (Ferris), for a term expiring June 30, 1997. Motion -- Rogers moved that the appointment be deferred for two weeks. Motion carried -- carried 6 to 0. (Ferris absent). WICHITA AIRPORT NOTICE OF VACANCY - WICHITA AIRPORT AUTHORITY. One vacancy (Knight), due to the resignation of Steve Clark, for a term expiring June 30, 1997. Motion -- Knight moved that the rules be set aside. Motion carried 6 to 0. (Ferris -- carried absent). Motion -- Knight appointed Allen Cobb of Koch Industries and moved that the appointment be -- carried approved. Motion carried 6 to 0. (Ferris absent). ART MUSEUM BOARD NOTICE OF VACANCY - ART MUSEUM BOARD. One vacancy (Cole), due to the nonattendance of Alvin Salle, for a term expiring June 30, 1997. Motion -- Cole moved that the rules be set aside. Motion carried 6 to 0. (Ferris -- carried absent). Motion -- Cole re-appointed Alvin Salle and moved that the appointment be approved. Motion -- carried carried 6 to 0. (Ferris absent) CPO SOUTHWEST COUNCIL APPOINTMENTS TO CPO SOUTHWEST COUNCIL - DISTRICT 4. Irene Armstrong, 1109 Greenfield, has been nominated by CPO Council members to fill a vacancy in subdistrict 4.2, and David W. Stanley, 1220 W. Patterson, has been nominated to fill a vacancy in subdistrict 4.3. Motion -- Gale appointed Irene Armstrong and David Stanley, and moved that the appointment -- carried be approved. Motion carried 6 to 0. (Ferris absent) STATUS OF WOMEN NOTICE OF VACANCY - WICHITA COMMISSION ON THE STATUS OF WOMEN. One vacancy (Lambke), due to the resignation of Marti Muncy, for a term expiring June 30, 1997. Appointment will be made April 29, 1997. PROCLAMATIONS PROCLAMATIONS. -- Take Our Daughters to Work Day -- Workers Memorial Day -- Days of Remembrance for Victims of the Holocaust -- Earth Day Motion -- Knight moved that the proclamations be authorized. Motion carried 6 to 0. -- carried (Ferris absent). CONSENT AGENDA Council Member Ferris present. Knight moved that the Consent Agenda, except Items 24 and 29, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED APRIL 14,1997. At 10:00 a.m., Friday, April 11, 1997, 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 April 14, 1997) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Tennis Courts in MacAdams Park (I-135 & 13th St No). (472-82799/785618/440092) Does not affect existing traffic. (Council approval date 3-18-97) (District I) Southwest Recreational Industries - $71,427.50 Add Alternate - $4,500.00 1997 Contract Maintenance Arterial Concrete Reconstruction Phase I. (132357) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) Barkley Construction - $347,800.00* and 1997 Contract Maintenance Residential Concrete Reconstruction, Phase I. (131715) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) Barkley Construction - $125,000.00* *Aggregate Total - $472,800.00 Lateral 3, Main 18, Southwest Interceptor Sewer to serve Hickory Creek Estates Addition (south of 13th St N, west of 119th St W). (468- 82682/743047/480396) Does not affect existing traffic. (Council approval date 3- 7-97) (District V) Dondlinger Construction Company, Inc. - $71,985.00 Water Distribution System to serve Mediterranean Plaza Addition (north of 29th St on Webb Rd). (448-89128/733725/470450) Does not affect existing traffic. (Council approval date 3-13-97) (District II) KC Excavating - $12,041.00 Water Distribution System to serve The Park Chateau Addition (south of Pawnee, east of Maize Road). (448-89123/733717/470449) Does not affect existing traffic. (Council approval date 3-7-97) (District V) HD Mills & Sons - $13,675.00 Water Distribution System to serve The Brentwood Village Addition (Harry, east of Webb). (448-89112/733733/470451) Traffic on Webb Road to be maintained during construction. (Council approval date 2-25-97) (District II) Mies Construction - $53,507.00 Dora, Millstead and Dora Ct to serve Lark & Lark 4th Additions (east of 119th St E, south of Kellogg). (472-82801/764191/490522) Does not affect existing traffic. (Council approval date 3-18-97) (District V) Asphalt Construction - $299,640.00 (Engineer's Construction Estimate) Ridge Road from 21st Street North to 29th Street North to serve Lake Ridge Commercial Second Addition, Reflection Ridge Commercial Addition, and Reflection Ridge Commercial Second Addition. (472- 82735/706382/405192) Traffic to be maintained through construction. (Council approval date 6-18-96) (District V) Ritchie Paving - $1,811,547.43 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 7 to 0. PARK DEPARTMENT/ADMINISTRATION: LABOR, MATERIAL, AND EQUIPMENT TO INSTALL POOL SLIDES (785675) AS PER SPECIFICATIONS G. Farney & Associates - $45,618.00 (Total Net Bid) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS: RIDING WING ROTARY MOWER (173716) AS PER SPECIFICATIONS Excel Sales - $95,604.00 Option 1 - Deduct $ 5,093.00 Option 2 - Deduct $20,372.00 PARK & RECREATION DEPARTMENT/LANDSCAPE & FORESTRY: TREES (791681) AS PER SPECIFICATIONS Item 1 - Borst Nursery & Garden Center - $14,504.00 (Total Net Bid) Item 2 - Hillside Nursery, Inc. - $ 1,375.00 (Total Net Bid) Item 3 - Borst Nursery & Garden Center - $ 1,078.65 (Total Net Bid) Item 6 - Hillside Nursery, Inc. - $ 3,480.00 (Total Net Bid) Item 7 - Hillside Nursery, Inc. - $ 900.00 (Total Net Bid) Item 9 - Marshall McHenry Landscaping & Tree$ 150.00 (Total Net Bid) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS: RENOVATION OF CENTURY II EXPO HALL (791283) AS PER SPECIFICATIONS Metric Constructors, Inc. - $356,369.00* (Option B Base Bid) Alternate 5 - $12,048.00 Alternate 6 - $18,330.00 Alternate 8 - $ 2,159.00 *Negotiated Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. Item No. 24 LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Escort Service. Jerome Ashberry Mustang Ranch 7820 Southwest Blvd. Retail Cereal Malt Beverages. Renewal 1997 (Consumption off Premises) Mark Boswell Midway Oil #7 2796 S. Seneca Robert J. Bales Klepper Oil Company, Inc. 2601 N. Broadway Willie U. Williams Phillips 66 7136 W. Central Richard W. Oberly, Jr. Phillips 66 515 N. Seneca Willie U. Williams Town West 66 4414 W. Maple Willie U. Williams Reflection Ridge 66 7236 W. 21st Willie U. Williams Expressway 66 3311 N. Rock Rd. Willie U. Williams Tyler 66 1254 S. Tyler Special Event Maria Lourdes Salazar Cinco De Mayo Fiesta - 2200-2300 N. Broadway 5/2/97, 5/3/97, & 5/4/97 Carol Griffin Kansas Newman College 1997** 3100 McCormick Ave. Renaissance Faire-4/26-27/97 *General Restaurant-Beer Sales derive less than 50% of gross revenues. **Located within 300 feet of a church or school. Motion -- Cole moved that the licenses for Jerome Ashberry and Maria Lourdes Salazar be deferred one week; and the remaining licenses be approved subject to Staff review -- carried and approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1997 Contract Maintenance Residential Concrete Reconstruction Phase II. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District I, II & III) (131516) b. 1997 Contract Maintenance Arterial Concrete Reconstruction, Phase II. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District I, II & III) (132357) c. Water Distribution System to serve Country Acres 4th B Addition (east of Ridge, south of 13th). Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 3-4-97) (District V) (448- 89125/733709/470448) d. 36", 16" and 8" Water Mains along 21st Street North from Clubhouse to 127th Street, and in 127th Street from 21st Street to Tallowood (21st Street North, 127th Street East). Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-18-95) (District county) (448-88951/632307/544513) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 25, 1997. Motion carried 7 to 0. SUB. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. 1. 21st Street Accel/Decel and Left turn Lanes to serve Tallgrass & Tallgrass Commercial 5th Additions (north of 21st, east of Rock/north of 21st, east of Rock/south of 21st, east of Webb/east of Rock). (472- 82580/82581/82728/82806/764001/763995/763698/764225/490503/490502/490472/490 525) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 5-2-95/5-2-95/5-21-96/3-18-97) (District 2) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 25, 1997. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1997 Contract Maintenance Preparatory Curb and Gutter Repair and Miscellaneous Concrete Repair Phase II at various locations - $141,200.00. Traffic to be maintained through construction. (Council approval date 03-04-97) (District all) (132258/112-000) b. Water Distribution System to serve Forest Lakes Addition (north of 29th Street North, west of Ridge) - $45,000.00. Does not affect existing traffic. (Council approval date 4-6-93) (District V) (448-88706/733592/470-437) c. Water Distribution System to serve Belle Terre Second Addition (south of Central, east of 143rd Street East) - $71,000.00. Does not affect existing traffic. (Council approval date 8-29-95) (District county) (448-88948/733667/470- 444) d. Water Distribution System to serve Belle Terre Second Addition (south of Central, east of 143rd Street East) - $56,000.00. Does not affect existing traffic. (Council approval date 8-29-95) (District county) (448- 88949/733675/470- 445) e. Lateral 27, Main 1, Cowskin Interceptor Sewer to serve Lots 4 and 5, Block 1 in Wheatridge Addition (north of Kellogg, west of 119th Street West) - $23,000.00. Does not affect existing traffic. (Council approval date 2-4-97) (District V) (468-82669/743039/480-395) f. Wild Rose to serve Forest Lakes Addition (north of 29th Street North, west of Ridge) - $236,800.00. Does not affect existing traffic. (Council approval date 4-6-93) (District V) (472-82325/764167/490-519) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. ADVISORY BOARDS MINUTES OF ADVISORY BOARDS. Commission on the Status of People with Disabilities, 2/26/97 CPO Northeast Council 1, 3/24/97 CPO Southeast Council 3, 3/27/97 Metropolitan Area Planning Commission, 1/16/97 Wichita Public Library, 3/18/97 Wichita/Sedgwick County Emergency Communications Advisory Board, 3/20/97 Wichita Traffic Commission, 3/19/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. (Item No. 29) STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-342. In accordance with Special Event Procedures, event sponsors are to notify adjacent property owners and coordinate arrangements with Staff, subject to final approval by City Council. The following Special Event requests have been submitted: 1) Wichita River Festival 1997 Date of Event: May 9-18, 1997 Location: Various Street Closures: Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Motion -- Ferris moved that the City Council approve the request subject to: (1) Event Sponsor notifying every property and/or business adjoining any portion of the closed street; (2) coordination of event arrangements with City Staff; (3) hiring off-duty public safety officers as required by the Police Department; (4) obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Departments; (5) submitting a certificate of insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with respect to the event's use of the closed City streets. Motion carried -- carried 7 to 0. ENGINEERING CONTRACTS DESIGN SERVICES FOR BRENTWOOD VILLAGE ADDITION. (District II) Agenda Report No. 97-323 The City Council approved the Brentwood Village Addition plat on February 25, 1997. The proposed Agreement between the City and Savoy, Ruggles & Bohm, P.A. (SRB) provides for the design of Storm Water Sewer No. 480, Water Distribution System No. 448-89112, and paving Bluestem, Hoyt Circle, Fox Run Circle and Stoneybrook (south of Harry, east of Webb). Payment will be on a lump sum basis not to exceed $35,900 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. DESIGN SERVICES FOR MEDITERRANEAN PLAZA ADDITION. (District II) Agenda Report No. 97-324 The City Council approved the Mediterranean Plaza Addition plat on March 25, 1997. The proposed Agreement between the City and Mid-Kansas Engineering Consultants, Inc. (MKEC) provides for the design of Water Distribu- tion System No. 448-89128, and paving 31st Street North (north of 29th Street North, west of Webb). Payment will be on a lump sum basis not to exceed $10,940 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved, and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. RAILROAD CROSSINGS SAFETY IMPROVEMENTS AT NON-SIGNALIZED RAILROAD CROSSINGS. (Districts I, III, IV, V & VI) Agenda Report No. 97-325 The State of Kansas has a KDOT Highway/Railroad Crossing Program designed to improve the safety of at-grade rail/highway crossings which have only passive warning devices. This program will upgrade and modernize the railroad crossbuck and advance warning signs and install pavement markings where warranted. Projects may be implemented over several years, depending on the railroads' budgets and the federal funds available. No locations are identified at this time. (Approximately 75 or one-third of the railroad crossings in Wichita have only passive warning devices.) The agreement identifies the City's participation in the program and allows the State's contractor to work on the streets under the City's jurisdiction. The agreement will cover all projects within the City, regardless of the number of projects or the number of railroads involved. The City will be responsible for maintaining the traffic control devices placed on roadways under its jurisdiction, according to the requirements of the Manual on Uniform Traffic Control Devices (MUTCD). Motion -- Knight moved that the agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. ENGINEERING CONSULTANTS SUPPLEMENTAL AGREEMENT - PROFESSIONAL ENGINEERING CONSULTANTS. Agenda Report No. 97-326 On June 11, 1991, City Council approved an engineering design contract with Professional Engineering Consultants (PEC) to design odor control facilities for the Water & Sewer Department at a cost not to exceed $307,544. Permanent malodor scrubbing facilities at Sewage Treatment Plant #1 are complete. Permanent chemical injection sites where the chemical ferrous chloride will be injected to control sulfide based (rotten egg smell) have been designed but not constructed. Land acquisition was a lengthy process. CART review of the engineer's design has been completed. The project was bid in the Fall of 1996 and bids were above the engineer's estimate. The decision was made at that time to delay rebidding until the Spring of 1997 in anticipation of a better bidding climate. Construction of permanent chemical injection sites is a project that for many reasons has been delayed. Temporary chemical injection stations, furnished by the chemical supplier, have on occasion failed to operate in an effective manner. Permanent stations should give staff a better mechanism for controlling the dosage necessary which will in turn provide the City with a more effective odor control program. PEC is requesting additional funding to: 1) provide bidding phase services; 2) construction inspection services; and 3) construction contract administration. The 1997 CIP budget amount for S-503, Chemical Injection, is $200,000. The Supplemental Agreement requests an increase in fee for Phase I, II and III, not to exceed $68,840. Motion -- Knight moved that the supplemental agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. JOHN MACK BRIDGE SUPPLEMENTAL AGREEMENT FOR JOHN MACK BRIDGE. (District III) Agenda Report No. 97-327 On February 14, 1995, the City Council approved a Three- Party Agreement with the Kansas Department of Transportation (KDOT) and HNTB Corporation for HNTB to provide the construction engineering services for the John Mack Bridge over the Arkansas River, and for KDOT to pay the consultant up to $477,760. On October 15, 1996, the City Council approved a Three-Party Supplemental Agreement with KDOT and HNTB for HNTB to extend construction engineering services through November 27, 1996 and increased the upper limit of compensation to HNTB to $521,630. The City will reimburse KDOT for 20% of the cost. HNTB was required to provide construction engineering services through April 1, 1997. KDOT has agreed to increase the upper limit of compensation to $567,730 to pay HNTB for the additional work. The additional cost to the City should not exceed $9,220 and will be paid from General Obligation Bonds available in the project budget. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. FIRE SUPPRESSION FIRE SUPPRESSION & ALARM IMPROVEMENTS. (District VI) Agenda Report No. On August 27, 1996, Council approved the revision of a project to replace the Halon Fire Suppression system at the Wichita Art Museum. The revision provided for replacement of the fire alarm system before the fire suppression system is replaced. Staff sent Requests For Proposals out to all fire alarm companies in the region asking for their proposals on replacement alarm systems. One firm responded with a quote well within the estimated cost. The Staff Screening and Selection Committee, along with representatives from the Wichita Fire Department and Wichita Art Museum, reviewed the proposal and recommended that a contract be developed between the City of Wichita and Protection Systems, Inc. in the amount of $24,409. Council approved a total of $233,000 for this project to replace the fire alarm and fire suppression systems from the Capital Improvement Program (CIP PB-9506). The contract in the amount of $24,409 is within the preliminary estimate of $30,000 for the alarm portion of this work. Motion -- Knight moved that the Contract with Protection Systems, Inc., be approved and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. MAIZE TO 119TH STREET W INSTALLATION OF 16" WATER MAIN IN MAPLE STREET FROM MAIZE ROAD TO 119TH STREET WEST. Agenda Report No. 97-329 The City of Wichita provides treated drinking water to 331,000 people. The service population is projected to increase to over 438,000 by 2010. To ensure that future water needs of the service area are met, the Water & Sewer Department initiated a study of its water system. The Water System Master Plan was completed in February 1994, and recommended a number of significant system improvements to ensure adequate service levels now and in the future. This project is recommended to provide a parallel water main in Maple from 800 feet east of Maize Road to 119th Street West, which will support a major water transmission loop on the west side of Wichita. The result will improve pressure and flow to the western portion of the Water Utility system, along with providing capacity for future developments in west Wichita. The City Council approved the 1996-2005 Capital Improvement Program and the initiation of all projects scheduled for 1996, 1997, and 1998 on August 13, 1996. There are no other practical alternatives to provide service in this area of the Water Utility system. The 1997 project budget is $60,000 for design and right-of- way and the 1998 project budget is $600,000 for construction for CIP #W-540 - Installation of approximately 6,200 feet of 16" Water Main in Maple Street from 800 feet east of Maize Road to 119th Street West. This project will be funded from Water Utility revenues and reserves or a future bond issue. Motion -- Knight moved that the Project Expenditures for 1997 and 1998 be approved. Motion -- carried carried 7 to 0. CENTURY II/LIBRARY CENTURY II/LIBRARY HEATING AND COOLING EQUIPMENT ENERGY PLANT. (District VI) Agenda Report No. 97-330 On April 23, 1996, Council approved $2,535,000 for the renovation of the Century II energy plant. The City of Wichita received bids; the low bidder being Fagan Co. in the amount of $2,259,726. The next-lowest bid was $2,351,924. Recently, we became aware that the electrical sub-contractor did not include in his bid to the contractor, two of the "Variable Frequency Drive" (VFD) controllers shown in the specifications. The City of Wichita engaged Professional Engineering Consultants, P.A. (PEC) to provide architectural and engineering services related to the energy plant construction. PEC has negotiated Fagan Co. an additional amount of $15,699 to install these units. Without these VFD units, energy efficiency and comfort levels will suffer. PEC and Public Works believe that there was an honest oversight on the part of the electrical contractor, and that the cost of these VFD units was not included in his bid. Further, although the equipment is called-out in the technical specifications, the location within the technical descriptions is somewhat ambiguous. The Capital Improvement Program (PB-129) has $2,535,000 identified for the energy plant renovation and related work. Other work is being done besides that which was bid by Fagan Co. The total encumbrance / expenditures to date total $2,463,000; leaving $72,000 unencumbered. PEC had recommended that the City maintain a 3% contingency fund to provide for unforeseen circumstances. This recommended contingency fund would have amounted to $67,790. However, it is anticipated that through cost-cutting modifications in other areas of the energy plant renovation, PEC and Fagan will submit another change-order which will return some money to the City. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. GRANT APPLICATION COMMUNITY STRATEGIC PLANNING ACTION GRANT APPLICATION-RESOLUTION OF SUPPORT. Motion -- Knight moved that the Resolution of Support be approved the Mayor be authorized -- carried to sign. Motion carried 7 to 0. (Later in the meeting Council returned to this Item; action is shown in agenda order.) Motion -- carried Knight moved that this Item be reconsidered. Motion carried 7 to 0. Council Member Cole Council Member Cole stated that SER had asked that the application be withdrawn. The Planning grant presents an opportunity to bring the community together. Council Member Cole committed to work with the groups to resolve concerns. (Mayor Knight momentarily absent with Vice-Mayor Cole in the chair.) Motion -- carried Cole moved that the Item be withdrawn. Motion carried 7 to 0. SPECIAL ASSESSMENTS SUPPLEMENTAL ASSESSMENT ROLL. Supplemental Assessment Roll has been prepared for one sewer project and it is necessary to set a public hearing date. Informal hearing with City personnel will be held April 23, 1997. Motion -- Knight moved that the hearing on the Supplemental Assessment Roll be set for 10:00 a.m., Tuesday, April 29, 1997, and the notice of hearing be published at least once not less than 10 days prior to the date of the hearing. Motion -- carried carried 7 to 0. CONDEMNATION AWARD PAYMENT OF CONDEMNATION AWARD TO ACQUIRE TWO (2) TRACTS IN CONNECTION WITH IMPROVEMENTS TO MURDOCK FROM WACO TO WABASH. (District VI) Agenda Report No. 97-332 On May 7, 1996, the council authorized the acquisition by eminent domain of two tracts needed for the planned improvements to Murdock from Waco to Wabash. the portion being taken from each tract is a small triangular piece from one corner and will not affect the use of the remainder of the property. Negotiations with the owners for purchase of their interest was unsuccessful. On September 20, 1996, an eminent domain action was filed in the District Court. That proceeding was concluded with the filing of the appraisers' report on April 2, 1997. The appraisers' award for the taking is $1,000.00. In addition to the award, the Court awarded each of the three appraisers the sum of $700.00 for appraisers' fees. Court costs are to be paid by the City in the amount of $66.50. If the City wishes to acquire this property, it must pay to the Clerk of the District Court the sum of $3,166.50 on or before May 2, 1997. This is the amount of the award, plus fees and court costs. The cost of acquiring this property will be financed by the City out of existing funds allocated for property acquisition for the Murdock, Waco to Wabash project. Motion -- Knight moved that the payment of the appraisers' award to the Clerk of the -- carried district Court and related costs and fees be Authorized. Motion carried 7 to 0. IRB PRESBYTERIAN MANOR AUTHORIZATION TO FILE A MOTION FOR JOINDER - PRESBYTERIAN MANOR HEALTH CARE FACILITIES REVENUE BONDS. Agenda Report No. 97-333. In 1990, the City of Wichita, through a number of interlocal cooperation agreements, issued refunding and improvement revenue bonds to finance or refund previous financing on Presbyterian Manor, Inc. facilities throughout Kansas, including certain facilities in the City of Topeka. As part of the security for repayment of the Bonds, all of the financed facilities were subjected to the lien of the trust indenture, and subjected to certain restrictions on transfer or encumbrances, including easements. However, under the terms of the Lease, it is possible for the City of Wichita to grant or abandon easements under certain conditions, at the request of the Tenant. The Tenant had constructed certain sewer improvements to serve its Topeka facilities, and the City of Topeka expressed a desire to connect to and use those improvements, in exchange for which, the City of Topeka was willing to relieve the Tenant of the burdens of repair and maintenance expenses on the sewer lines at issue. In connection with the arrangement which the Tenant and the City of Topeka seek to implement, the Tenant has requested the City of Wichita to approve a grant of easement on the sewer improvements to the City of Topeka, and also an easement for construction of additional sewer lines by the City of Topeka. The Tenant has advised, and the Tenant and Trustee will certify, that no event of default exists under the Lease. The Tenant will further certify that the granting of the easements will not be detrimental to the proper conduct of the Tenant's business in any manner or degree, and that the granting of the easements will not impair the effective use or interfere with the efficient and economical operation of the Topeka Facility and will not materially adversely affect the security pledged to the payment of the Bonds. The grants of easement requested by the Tenant should result in alleviation of the Tenant's financial burdens with respect to sewer maintenance and repair, and have no adverse impact on the security for the outstanding Bonds. Motion -- Knight moved that preparation and filing of the Motion for Joinder be authorized. -- carried Motion carried 7 to 0. RESOLUTION A RESOLUTION ESTABLISHING THE ORDER OF SUCCESSION AS MAYOR OF THE CITY OF WICHITA, KANSAS, IN THE ABSENCE FROM THE CITY OF THE MAYOR AND THE VICE MAYOR. Section 2.04.032 of the city Code provides that the City Council is to designate from the membership thereof, members to serve as Mayor in the absence from the City of the Mayor, Vice Mayor, or other Council Members: The order of succession as Mayor of the City of Wichita, Kansas, in the absence therefrom of the Mayor and the Vice Mayor or other Council Member shall be: Council Member Ferris Council Member Gale Council Member Rogers Council Member Kamen Council Member Lambke Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-095 A Resolution providing the order of succession as Mayor of the City of Wichita, Kansas, in the absence therefrom of the Mayor and the Vice Mayor or other Council Member, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ICE CENTER PROJECT AMENDMENT OF BONDING RESOLUTION FOR THE ICE CENTER PROJECT. Agenda Report No. 97-334 On June 6, 1995, the City Council approved the adoption of a bonding resolution which authorized the use of general obligation bond financing for the Ice Center project, setting forth the maximum amount that could be financed. On December 12, 1995, the City Council approved an amending resolution which altered the previously approved "not-to-exceed amount" to conform to the amounts approved in the final project construction budget. The language of the previously approved bonding resolution fails to state that the amounts authorized for the various project components are exclusive of the costs of temporary financing during construction. Since that time, the City Law Department has begun including language that clearly states this intention. With the inclusion of such clarifying language, the City's fiscal control system allows temporary financing costs to be charged against a capital project without it counting against the project's "not-to-exceed amount." The amending resolution, clarifies that the amounts previously approved for bond financing are exclusive of the costs of temporary note financing. This will allow the full amount authorized for construction of the Ice Center to be spent for that purpose. The requested action does not increase the City's agreed-to construction budget for the Ice Center Project. Temporary financing interest expense that accrues to the project will be financed with bonds and/or notes which will be repaid from project revenues. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-096 A Resolution amending Resolution No. R-95-568 determining certain property in the City of Wichita, Kansas, to be slum and blighted and designating such property as an area appropriate for an urban renewal project; approving the acquisition of certain real property generally located in the area bounded by Kellogg on the south; the Arkansas River on the east; Sycamore Street on the west and Lewis Street on the north, all in the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First reading April 8, 1997) a. Traffic Signalization System (K-96 and Woodlawn). ORDINANCE NO. 43-471 An Ordinance declaring the interchange of K-96 Highway and Woodlawn Avenue (472-82819) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. Annexation A 97-10. (Northwest Corner of K-96 and Greenwich Road) ORDINANCE NO. 43-472 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 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. A-97-10 FIRST READING ORDINANCE - SPECIAL ASSESSMENT - SEWER PROJECT. Motion - Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance making a Special Assessment to pay the cost of unpaid sewer service charges and/or water service charges in the City of Wichita, Kansas, introduced and under the rules laid over. PLANNING AGENDA S/D 95-72 S/D 95-72 - PLAT OF THE BUCKHEAD SECOND ADDITION LOCATED NORTH OF CENTRAL AND WEST OF 119TH STREET WEST. (District V) Agenda Report No. 97-335 While this plat is a replat of a portion of a previous Addition, new petitions, all 100 percent, have been submitted for sanitary sewer, municipal water, drainage and paving improvements. A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, a covenant has also been submitted requiring that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Documents Certificate of Petitions and Restrictive Covenants by Paul E. Kelsey. Water 100 Percent Petition for construction of Water Distribution System Number 448-89139 (north of Central, west of 119th West) ($92,000 S.A.) (hold for development) Sewer 100 Percent Petition for construction of lateral 4, Main 18, Southwest Interceptor Sewer, (north of Central, west of 119th West) Project No. 468-82704 ($149,000 S.A.) (hold for development) Drainage 100 Percent Petition for construction of Storm Water Sewer No. 483 (north of Central, west of 119th West) Project No. 468-82705 ($158,000 S.A.) (hold for development) Paving 100 Percent Petition for improving of Hickory from the east line of the plat to the west line of the plat; Cedar Downs Circle from the north line of Hickory to and including the cul-de-sac and from the south line of Hickory to and including the cul-de-sac, and; Kenny Circle from the west line of Cedar Downs Circle to and including the cul-de-sac, Project No. 472-82822 (north of Central, west of 119th West) ($236,000 S.A.) (hold for development) 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. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-097 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89139 (north of Central, west of 119th West) 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, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-098 Resolution of findings of advisability and Resolution authorizing construction of lateral 4, Main 18, Southwest Interceptor Sewer, (north of Central, west of 119th West) Project No. 468-82704 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, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-099 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 483 (north of Central, west of 119th West) Project No. 468-82705 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, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-100 Resolution of findings of advisability and Resolution authorizing improving of Hickory from the east line of the plat to the west line of the plat; Cedar Downs Circle from the north line of Hickory to and including the cul-de-sac and from the south line of Hickory to and including the cul-de- sac, and; Kenny Circle from the west line of Cedar Downs Circle to and including the cul-de-sac, Project No. 472-82822 (north of Central, west of 119th West) 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, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 96-22 S/D 96-22 - PLAT OF THE REGENCY LAKES ADDITION LOCATED NORTH OF 21ST STREET NORTH AND WEST OF GREENWICH ROAD. (District II) Agenda Report No. 97-336 This site has just recently been annexed to the City of Wichita. Petitions, all 100%, have been submitted for sanitary sewer, municipal water, storm sewer, paving and traffic improvements. A Certificate of Petitions has also been submitted. To allow for possible street improvements by the County for adjacent streets potentially being included within the City limits due to annexations in this area, wording has been inserted into the Mayor's signature block concerning formation of a County street improvement district within the City. In order to provide for the ownership and maintenance of Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, a covenant has also been submitted requiring that four (4) off-street spaces be provided for each such lot. This site is within the noise impact area of McConnell AFB and an avigational easement and restrictive noise covenant were required. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. The negative Planning Commission vote indicated the Commissioner's concern with development occurring in areas impacted by floodways and floodplains and that elements of the drainage plan still needed to be resolved. Documents Certificate of Petitions, Restrictive Covenants, and Avigational Easement from Harry B. Jr. and Ann L. Brown, Diana L. Kitch, and William R. Levine. Water 100 Percent Petition for construction of Water Distribution System number 448-89130 (north of 21st Street North, west of Greenwich Road) ($65,360 S.A.) ($45,420 Water Utility Reserves) (Hold for development) Water 100 Percent Petition for construction of Waterworks System, including necessary water mains, pipes, valves, hydrants, meters and appurtenances numbered 4488- 89132 (north of 21st Street North, west of Greenwich Road) ($109,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 136, War Industries Sewer, (North of 21st Street North, west of Greenwich Road) Project No. 468-82693 ($158,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 138, War Industries Sewer, (north of 21st Street North, west of Greenwich Road) Project No. 468-82696 ($187,000 S.A.) (Hold for development) Sanitary Sewer 100 Percent Petition for construction of Lateral 139, War Industries Sewer, (north of 21st Street North, west of Greenwich Road) Project No. 468-82698 ($167,000 S.A.) (Hold for development) Sanitary Sewer 100 Percent Petition for construction of Lateral 140, War Industries Sewer, (north of 21st Street North, west of Greenwich Road) Project No. 468-82699 ($157,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Regency Lakes from the south line of lot 22, block 1, to the west line of lot 29, block 1, to the west line of Brandon Circle; Brandon from the west line of Brandon Circle south to the south line of Lot 56, Block 1; Regency lakes Court from the north line of Ayesbury to and including the cul-de-sac; Mainsgate Court from the north line of Mainsgate to and including the cul-de-sac; Brandon Circle from the north line of Mainsgate to and including the Cul-de-sac, Project No. 472-82812 (north of 21st Street North, west of Greenwich Road) ($410,000 S.A.) (Hold for development) Paving 100 Percent Petition for construction of a left turn bay in 21st Street North, Project No. 472-82813 (north of 21st Street North, west of Greenwich Road) ($33,000 S.A.) (Hold for development) 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. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-101 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System number 448-89130 (north of 21st Street North, west of Greenwich Road) 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, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-102 Resolution of findings of advisability and Resolution authorizing construction of Waterworks System, including necessary water mains, pipes, valves, hydrants, meters and appurtenances numbered 4488-89132 (north of 21st Street North, west of Greenwich Road) 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, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-103 Resolution of findings of advisability and Resolution authorizing construction of Lateral 136, War Industries Sewer, (North of 21st Street North, west of Greenwich Road) Project No. 468-82693 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, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-104 Resolution of findings of advisability and Resolution authorizing construction of Lateral 138, War Industries Sewer, (north of 21st Street North, west of Greenwich Road) Project No. 468-82696 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, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-105 Resolution of findings of advisability and Resolution authorizing construction of Lateral 139, War Industries Sewer, (north of 21st Street North, west of Greenwich Road) Project No. 468-82698 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, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-106 Resolution of findings of advisability and Resolution authorizing construction of Lateral 140, War Industries Sewer, (north of 21st Street North, west of Greenwich Road) Project No. 468-82699 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, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-107 Resolution of findings of advisability and Resolution authorizing improving of Regency Lakes from the south line of lot 22, block 1, to the west line of lot 29, block 1, to the west line of Brandon Circle; Brandon from the west line of Brandon Circle south to the south line of Lot 56, Block 1; Regency lakes Court from the north line of Ayesbury to and including the cul-de- sac; Mainsgate Court from the north line of Mainsgate to and including the cul- de-sac; Brandon Circle from the north line of Mainsgate to and including the Cul- de-sac, Project No. 472-82812 (north of 21st Street North, west of Greenwich Road) 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, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-108 Resolution of findings of advisability and Resolution authorizing construction of a left turn bay in 21st Street North, Project No. 472-82813 (north of 21st Street North, west of Greenwich Road) 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, Ferris, Gale, Kamen, Lambke, Rogers, Knight. D-1710 D-1710 - DEDICATION OF AN ACCESS CONTROL TO WEST STREET IN AN AREA SOUTH OF HARRY. Agenda Report No. 97-337. As a condition of an approved Lot Split (L/S-0934), access control, allowing no more than two (2) openings, was obtained from the property owner. The dedication has been reviewed and approved by the Planning Commission. Motion -- Knight moved that the Dedication be accepted and the documents be recorded -- carried with the Register of Deeds. Motion carried 7 to 0. D-1711 D-1711 - GRANTING OF ADDITIONAL UTILITY EASEMENT IN AN AREA EAST OF WEST STREET AND SOUTH OF HARRY. Agenda Report No. 97-338. As a condition of an approved Lot Split (L/S-0934), additional utility easement was obtained to increase an easement's width to standard needed for sanitary sewer lines. The dedication has been reviewed and approved by the Planning Commission. Motion -- Knight moved that the Dedication be accepted and the documents be recorded -- carried with the Register of Deeds. Motion carried 7 to 0. D-1712 D-1712 - GRANTING OF ADDITIONAL UTILITY EASEMENT IN AN AREA SOUTH OF MAPLE AND WEST OF I-235. Agenda Report No. 97-339. As a condition of an approved Lot Split (L/S-0936), additional utility easement was obtained in order to increase the size of an existing easement presently containing a sanitary sewer line. The dedication has been reviewed and approved by the Planning Commission. Motion -- Knight moved that the Dedication be accepted and the documents be recorded -- carried with the Register of Deeds. Motion carried 7 to 0. D-1713 D-1713 - DEDICATION OF ACCESS CONTROL TO MAPLE IN AN AREA WEST OF I-235. Agenda Report No. 97-340. As a condition of an approved Lot Split (L/S-0936), the applicant has dedicated to Maple complete access control from the adjacent residential building site. The dedication has been reviewed and approved by the Planning Commission. Motion -- Knight moved that the Dedication be accepted and the documents be recorded -- carried with the Register of Deeds. Motion carried 7 to 0. D-1714 D-1714 - DEDICATION OF STREET RIGHT-OF-WAY FOR MAPLE IN AN AREA WEST OF I-235. Agenda Report No. 97-341. As a requirement of an approved Lot Split (L/S-0936), ten (10) feet of additional right-of-way was obtained from the involved property. This dedication resulted in the typical 50-feet of half street right-of- way, required for arterials such as Maple. The dedication has been reviewed and approved by the Planning Commission. Motion -- Knight moved that the Dedication be accepted and the documents be recorded -- carried with the Register of Deeds. Motion carried 7 to 0. 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 legal advice, contract negotiation, personnel matters of non-elected personnel, preliminary discussions relating to the acquisition of real property for public purposes, matters relating to employer-employee negotiations, and the regular meeting be resumed no later than 1:20 p.m. in the -- carried City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 11:37 a.m. and reconvened in regular session at 1:20 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. (The Council returned to Items No. 11 a, 12, and 36; action is shown in Agenda order.) ADJOURNMENT The City Council meeting adjourned at 1:30 p.m. Kathy Pewewardy Deputy City Clerk COUNCIL PROCEEDINGS JOURNAL 163 APRIL 15, 1997 Page 1