MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, September 17, 1996 Tuesday, 9:00 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Ferris, Gale, Rogers; present. *Council Member Kamen absent. Cathy Holdeman, City Manager's Office; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Imam Mohammed Kohlwadia, Islamic. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. *Council Member Kamen present. Minutes -- The minutes of the regular meeting of September 10, 1996, were -- approved approved 7 to 0. AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. GROUP RECOGNITION The Friendship Force Group from Calle and Bogota, Colombia, was recognized. PUBLIC AGENDA COMMENTS BY V. HARLEY MILES. Mr. Miles was not present. COMMENTS BY RICHARD HARRIS. Richard Harris Richard Harris spoke regarding neglect and abuse of Wichita children by the State in matters where the state is able to control the fate of the child. Mr. Harris urged the City Council to take assertive and effective action, including providing care funds, to prevent further harm and loss of life to Wichita's children. Mayor Knight Mayor Knight said Mr. Harris should be fully engaged with Secretary Chronister and others who are developing the strategies for children in the state. Council Member Kamen Council Member Kamen said he is aware of problems in the Head Start Program and the Latchkey Program. It is hoped that those winning the elections continue funding these programs. UNFINISHED BUSINESS ICE RINK AGREEMENT AMENDMENT TO ICE RINK OPERATING AGREEMENT. Continued from September 10, 1996. Cathy Holdeman City Manager's Office reviewed the Item. Agenda Report No. 96-727. On March 21, 1995, the City Council approved a series of agreements with Canlan Investment Corporation of Vancouver, British Columbia relating to the construction and operation of a City-owned public ice skating facility to be built on the West Bank near Lawrence-Dumont Stadium. Now that the facility is nearing completion, arrangements are being made concerning day-to-day operational matters, including the establishment of bank accounts to pay operating expenses. Further staff review of the Management Agreement has identified a need to make minor adjustments to the Agreement in order to make the provisions of the Agreement workable. The Ice Rink Development and Management Agreement (the "Management Agreement") currently provides for the establishment of outside bank accounts by Canlan in order to pay ordinary operating expenses and capital improvements. The accounts, called the Management Account and the Replacement Fund, are to hold ice rink operating receipts in trust for the benefit of the City, and the City is to be a signatory on the accounts, jointly with Canlan. It now appears that such accounts would be legally deemed to be City accounts and therefore subject to all state and local laws and regulations that govern the custody and expenditure of public funds (and Canlan cannot legally be an independent signatory to these accounts). In consultation with Canlan, a solution solution was identified which adheres to the original intent of the parties with respect to the custody of revenues and payment of expenses. The Management Account for the Ice Rink will be established as a City trust fund, into which all Ice Rink operating receipts will be deposited and from which funds will be disbursed to Canlan to reimburse operating expenses. Canlan will pay all operating expenses from an Operating Account, which it will establish in its own name in a local bank. In order to provide initial funding, the City will advance Canlan $100,000 (as provided for in the original Management Agreement). The advance will be recorded in the City's books as an accounts receivable, payable upon termination of the Management Agreement. A separate City trust fund will be established to serve as a Replacement Fund for capital improvements and to replace equipment and furnishings. Funds will be transferred into the Replacement Fund from the Management Account pursuant to an annual capital budget approved by the City. The Management Agreement approved by the Council in March 1995 provides that the City will provide an initial working capital balance in the Management Account of $100,000. It is proposed that this amount be funded from the General Fund appropriated reserves. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that Amendment to the Development and Management Agreement be approved and the Mayor be authorized to sign; and the transfer of $100,000 from the general fund appropriated reserve to the Ice Rink Management Account be -- carried approved. Motion carried 7 to 0. NEW BUSINESS IRB - GRAPHICS SYSTEMS PUBLIC HEARING AND TAX EXEMPTION REQUEST - GRAPHICS SYSTEMS, INC. (District I) At the request of the Applicant, this Item was pulled from the agenda and will be placed on the October 1, 1996, Agenda. (Item No. 5) (Item No. 5 was taken up following the workshop session. Action is shown in Agenda Order.) BROOKS LANDFILL BROOKS LANDFILL VERTICAL EXPANSION PERMIT. (District VI) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 96-760. On October 24, 1994, the Kansas Department of Health and Environment (KDHE) issued new regulations related to permits on existing landfills in Kansas. Under the new provisions, existing landfills are to close by October 9, 1996, unless a permit to continue is granted by KDHE prior to that date. On January 10, 1995, the City Council approved a contract with SCS Engineers to develop a permit request to expand Brooks Landfill vertically for an additional five years. On October 10, 1995, the Council approved the continued use of Brooks Landfill until January 1, 2004, up to a maximum height of 120 feet. The formal request for vertical expansion was submitted to KDHE on October 31, 1995. On August 12, 1996, KDHE conducted a public hearing on the Brooks Landfill vertical expansion request, and on August 30, the permit was issued to the City for execution. The executed permit must be received by KDHE before the first week of October to allow operations after October 9, 1996. The permit allows for the continued use of Brooks Landfill until October 9, 2001, subject to several special conditions: 1) The City is required to implement corrective measures to address the groundwater contamination at Brooks. Investigations have verified that the source of the contamination is located in an old Landfill cell, and is not related to the currently active cell. The permit sets forth dates for implementation of the corrective measures. Other measures are also listed as optional to the City. 2) The City is required to install additional groundwater monitoring wells, to monitor for any future contamination, and propose corrective measures if contamination increases near the active cell. 3) The City is required to offer to connect, free of charge, residents of Meridian Gardens to City water, if they are not presently connected. The Water Department records indicate five addresses that are not connected to City water. 4) The City is required to conduct an educational program for the residents of Meridian Gardens, addressing the groundwater contamination. 5) Brooks Landfill is permitted to operate until October 9, 2001, and closure activities are to be completed by April 9, 2002. Under the original permit for Brooks Landfill, the plans provided for a height of approximately 70 feet. The vertical expansion permit modifies this to allow an additional five years of operation, and is not specifically tied to a design height. The height will be dependent upon the volume of waste deposited, and will be influenced by factors such as bans, recycling efforts, storms, etc. If waste volumes are maintained at the present level, a total height of 165 feet is anticipated by 2001. Waste reduction will be necessary to keep the final height below the desired 120 feet maximum. The special conditions to the permit will require expenditure of funds to address the groundwater contamination at Brooks Landfill. The cost is estimated to be $3,500,000 for implementation, and $250,000 annually for the next 30 years. The cost of providing water service to the five residences in Meridian Gardens, and the cost of the additional monitoring wells and public education is not expected to exceed $50,000. Closure costs for Brooks Landfill at the end of the five-year expansion have been estimated by the City's consultant to be $13,740,000 for construction, and $500,000 annually for post-closure maintenance and environmental monitoring, for a period of 30 years. New financing strategies must be identified to fund these long-term costs in light of planned operation of Brooks Landfill for only up to five more years. A plan of finance to cover the capital and operating costs for Brooks Landfill closure and long-term monitoring will be returned to the City Council at a later date. Steve Lackey Director of Public Works, responding to a question, said some of the issues that need to be discussed are the closure and post closure and evaluations of Brooks Landfill including escalating some of the pricing increases and setting that money aside. Council Member Ferris Council Member Ferris asked that he and Council Member Gale be allowed to continue to work with the Director of Public Works on the solid waste issues. Council Member Ferris said he has some interest in the tipping fees at Brooks and how that might be accomplished, and wondered if he and Council Member Gale might continue as has been done in the past. Mayor Knight Mayor Knight said Council Member Kamen had also indicated interest in participating in any subject as it relates to Brooks Landfill. Consensus of the Council was that Council Members Ferris, Gale, and Kamen would work it out among them regarding who would be meeting with the Director of Public Works. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Milt Pollitt Milt Pollitt said the Solid Waste Management Committee would be concerned that certain recommendations the Committee has made have not been initiated that would keep the total height of the cell to 120 feet. The ban on grass clippings and leaves has been approved and is a significant factor in reducing the amount that would go to the landfill. Mayor Knight Mayor Knight said he would like to see other questions such as volume based pricing, recycling, and other questions start being cycled in to the Council for decisions as soon as possible. It is important to have the Committee's best thoughts and guidance on these issues. Milt Pollitt Milt Pollitt stated that there are details on all these issues that the Committee is trying to make decisions on. As soon as any of them are resolved it is hoped action can be taken on them. Joe Pajor Natural Resources Director said it is anticipated the yard waste and construction demolition waste matters will be to the council in a couple of weeks. Council Member Cole Council Member Cole said she was still unclear as to what degree the City retains the possibility of programs speaking specifically to the waste stream as it enters Brooks Landfill. The plan originally being looked at was county-wide and some of the strategies were to be implemented to more than Brooks. "To what degree can the City create its own incentives to impact the waste stream into Brooks through up and until the year 2001?" Joe Pajor Natural Resources Director responded that there are two elements to the strategy: 1) There are programs the City can operate within the City limits that wound impact 3/4 of the waste flow because of the magnitude represented inside the City; 2) Work will have to be done with the Law Department in terms of the ability that the City's ownership and operation of Brooks Landfill represents for a county-wide control on some elements such as the ban. Motion -- Knight moved that the vertical expansion permit be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. Mayor Knight Mayor Knight said that in the effort of the City to bring closure to the City's part of the solid waste planning and implementation process, he would like to have the question of land options on property in northeast Sedgwick County on the Council Agenda on September 24, 1996. The options which expire October 16th or 17th ought to be offered to Sedgwick County. There are major constituencies in Sedgwick County that believe that those land options represent an option that they want to pursue. The Council will decide on September 24, 1996, what will be done with the options. It is hoped the options will be offered to the County to be used as they see fit in making sense out of the solid waste challenges. CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENT TO WICHITA-SEDGWICK COUNTY SOLID WASTE MANAGEMENT PLANNING COMMITTEE. Motion -- carried Cather moved that this Item be deferred one week. Motion carried 7 to 0. PROCLAMATIONS PROCLAMATIONS. -- Mickey Spillane Day -- Literacy Month -- Family Sexuality Education Month Mayor Knight Mayor Knight said that, following inquiry regarding the Family Sexuality Education Month Proclamation, he had reread the proclamation and found it benign and reasonable. Council Member Ferris Council Member Ferris said he had no problem with the proclamation. The family ought to be educating the children regarding sexuality. Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS BOARD OF THE BOARD OF BIDS AND CONTRACTS DATED 9/16/96. At 10:00 a.m., Friday, September 13, 1996, 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 9/16/96) PUBLIC WORKS DEPARTMENT/FLEET AND BUILDINGS DIVISION: DEMOLITION OF THIRTEEN (13) PROPERTIES 701300 AS PER SPECIFICATIONS Cornejo and Sons, Inc. - $72,684.00 PUBLIC WORKS/FLEET AND BUILDINGS: DIAMOND SAW BLADES 130849 AS PER SPECIFICATIONS Item #1 - U. S. Rental/Sisco Equipment - $276.04 each Item #2 - U. S. Rental/Sisco Equipment - $302.08 each Item #3 - U. S. Rental/Sisco Equipment - $187.50 each Total Net Bid - $20,468.60 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1996 (Consumption on Premises) Michael V. Pham Hometown Barbeque1315 E. Central* Malvin E. Walker E & H Recreation2225 E. 9th New Operator 1996 (Consumption off Premises) Mark A. Boswell Conoco/Midway Oil #410409 W. Maple New Establishment 1996 (Consumption on Premises) Ashok Ahrora Passage to India 503 N. West Street* Prakan Chotinun Royal Orchid Thai Cuisine #26249 E. 21st Street* *General/Restaurant (more than 50% of gross revenues from sale of FOOD) Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Bank Stabilization Repairs to the Wichita- Valley Center Flood Control Project: South Meridian to South Seneca Repairs. Does not affect existing traffic. (Council approval date 08-30-95) (District n/a) (791335/435-162) b. S-4 1996 Sewer Rehabilitation Program Reconstructing Sanitary Sewers in Various Locations. Traffic to be maintained through construction; Alleys may be closed. (Council approval date 7-18-95) (District All) (468- 82643/621391/533-250) c. Sewer Response Plan Raise Buried Manholes (1996 - Set 3). Does not affect existing traffic. (Council approval date 7-18-95) (District All) (468-82641/621409/533- 251) b. Lincoln Street Dam Hydraulic Operating System Installation (Arkansas River at Lincoln St. Bridge). One lane traffic each direction on Lincoln. (Council approval date 08-27-96) (District All) (660738/566-522) 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., September 27, 1996. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Overbrook 2nd Addition (North of Central, East of 143rd St. East). Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 6-25-96) (District 2) (448-89044/733352/470-413) b. Lift Station and Force Main for Laterals 371 & 372, Southwest Interceptor Sewer to serve Stonebriar Addition (West of Meridian, South of 47th St. South). Traffic to be maintained through construction. (Council approval date 9-17-96) (District 4) (468-82638/742874/480-379) c. Lateral 371, Southwest Interceptor Sewer to serve Stonebriar Addition (West of Meridian, South of 47th St. South). Does not affect existing traffic. (Council approval date 9-17-96) (District 4) (468-82639/742882/480-380) d. Lateral 128, War Industries Sewer to serve Capital 2nd Addition (South of 13th, West of Rock). Does not affect existing traffic. (Council approval date 1-9-96) (District 2) (468-82559/742890/480-381) e. Bella Vista from the east line of Maize to the west line of Valleyview Graf-Goldston Addition and Graf- Goldston 2nd Addition (South of 21st, East of Maize). Does not affect existing traffic. (Council approval date 5-21-96) (District 5) (472-82652/763771/490-480) f. Bella Vista Court from the north line of Bella Vista to and including cul-de-sac Graf-Goldston 2nd Addition South of 21st, east of Maize). Does not affect existing traffic. (Council approval date 5-21-96) (District 5) (472-82653/763789/490-481) g. 19th Street Circle from the west line of Valleyview to and including cul-de-sac Graf-Goldston and Graf- Goldston 2nd Additions (South of 21st, East of Maize). Does not affect existing traffic. (Council approval date 05-21-96) (District 5) (472-82710/732797/490-482) h. Hendryx Hendryx from the east line of the plat to the north line of Lot 7, Block B; Limuel from the north line of Lot 7, Block B, to the north line of the plat; Limuel from the east line of Lot 20, Block !, to the south line of the plat; Hendryx Court from the south line of Hendryx to and including the cul-de-sac; Limuel Courts from the west line of Limuel to and including the cul-de-sacs, and; Sidewalk be constructed along one side of Limuel and along one side of Hendryx Auburn Hills 2nd Addition (South of Maple, East of 135th Street West). Does not affect existing traffic. (Council approval date 7-30-96) (District 5) (472-82755/763888/490-491) 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., September 27, 1996. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Preliminary estimate of the cost of constructing Water Distribution System to serve Lot 6, Block 5 and Lots 1 and 2, Block 6, Miles Hidden Lakes Addition (East of 119th Street West, North of Kellogg) (District V). (733194/448- 88945) (470397). Total Estimated Cost is $20,500.00. Motion -- Knight moved that the preliminary estimate be approved and filed. Motion -- carried carried 7 to 0. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers, 8/22/96 Board of Housing Commissioners, 8/15/96 Board of Park Commissioners, 8/12/96 Board of Zoning Appeals, 7/23/96 CPO East Council 2, 8/26/96 CPO Southwest Council 4, 8/22/96 CPO Northwest Council 5, 8/28/96 CPO North Central Council 6, 8/28/96 Historic Preservation Board, 8/12/96 Sister Cities Advisory Board and Diplomatic Corps Board Joint Meeting, 8/2/96 Wichita Airport Authority, 8/19/96 Wichita Public Library Board of Directors, 8/20/96 Wichita-Sedgwick County Board of Environmental Health Committee, 8/22/96 Wichita-Sedgwick County Emergency Communications Advisory Board, 8/15/96 Wichita-Sedgwick County Solid Waste Management Committee, 8/5/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. EASEMENTS/DEDICATIONS EASEMENTS AND DEDICATIONS. a. Dedication dated August 27, 1996, from Everett D. Seaton for a tract in Planeview (Planeview Sewers, Index #622209) (no cost to City). b. Easement dated August 12, 1996, from Marilyn & Alan McClure for a tract in Cottonwood Grove Addition (Private Project, Index #607861) (no cost to City). Has been filed and recorded. c. Dedications dated June 12, 1996, and July 17, 1996, from Robert G. Wilson for tracts in Bradley Fair 2nd and the Northwest Quarter, Section 8, Township 27 South, Range 2 East (Rock Road Left Turn, Index #763706) (no cost to City). d. Easement dated July 23, 1996, from Joe H. Lee for a tract in Woodland Lakes Estates (Private Project, Index #750810) (no cost to City). Has been filed and recorded. e. Dedication dated August 19, 1996, from James L. & Jacqueline McKown for a tract in Southeast Manor Addition (Harry & Edgemoor, Index #706093) (Cost $3,500). f. Easement dated July 30, 1996, from Jay W. Russell for tracts in Auburn Hills 2nd (Private Project, Index #733410) (no cost to City). Has been filed and recorded. g. Two Dedications dated August 19, 1996, from Wichita Airport Authority for tracts in the Northeast Quarter, Section 8, Township 28 South, Range 1 West and Southeast Quarter, Section 5, Township 28 South, Range 1 West (Tyler Road Realignment, Index #706432) (no cost to City). Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 96-761. The following special event requests were submitted: Historic Midtown Citizens Association Walking Tour, October 12-13, 1996, Close: 13th Street at Topeka. Wichita Fire Department Fire Prevention Week Activity, October 10, 1996, Close: portion of 400 block of south Water and 200 block of West Lewis. Half Marathon and Two-Mile Run, September 22, 1996, Close: Bitting Street at Nims. 18th Annual Walk for Life, October 19,1996, Close: none - walk will be on sidewalks. Annual Say No to Drugs, Alcohol, and Violence Summer Bash, September 28, 1996, Close: 9th between Wabash and Washington. Life Chain, October 6, 1996, Close: Douglas through Eastborough. Old Town Chili Cook-Off, September 21, 1996, Close: Douglas (Emporia to Overpass), St. Francis (1st to William), William to St. Francis. Purple Palooza, September 21, 1996 (11:30 a.m. to 9 p.m.), Close: William (St. Francis to Emporia), Emporia (William to Douglas). Motion -- Knight moved that the requests be approved 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. Agenda Report No. 96-775. Utility Contractors is requesting the complete closure of 2nd Street between Sycamore and McLean from approximately 6:00 p.m. on Friday, September 20, until 7:00 p.m. on Sunday, September 22. This closure will allow for the installation of a 36" water main across Second Street and storm drainage revisions in the closure area. KGE Gas is attempting to schedule gas main relocation work (which would also require a Second Street closure) to be accomplished during this requested closure period. It would be very difficult and dangerous to try to maintain traffic on Second Street during the installation of this large water line and storm water system revisions. The contractor has agreed to schedule this work during a weekend to minimize the impact on traffic. If the KGE work can be accomplished during this closure period, it will be an added bonus. The contractor is responsible for construction barricades and detour signing during the closure. There is no cost to the City. During the closure, traffic will be detoured using Sycamore, Douglas and McLean. Motion -- carried Knight moved that the street closures be approved. Motion carried 7 to 0. INTERNET ACCESS INTERNET ACCESS -- SELECTION OF VENDOR. Agenda Report No. 96-762. As the library moves into the final stages of public Internet access installation, a vendor contract for the provision of Internet services must be completed and signed. Purchasing staff and members of the Library's Automation Section worked together to prepare specifications for Internet vendor access. A Request for Proposal was submitted to local vendors. The Library's Automation Section staff reviewed the proposals which were submitted and determined Southwind Internet Access as the low bidder and as meeting all bid specifications. Southwind offers installation and lease of a line at the lowest fees bid by any vendor ($1500 installation; $1083 monthly fee). They will provide 24 hour/7 day support, multi-homing and dynamic routing for load balancing, and contiguous blocks of Class C Internet Protocol addresses for library use. The company also has demonstrated experience with telecommunications systems such as the one used at the library. Within the next few years, the Telecommunications Act of 1996 and its Universal Service provision for discounted service to libraries may offer reduced rates for Internet Access. Until the Federal Communications Commission works out procedures for implementation of Universal Access, the library should expect to pay standard rates for access. Motion -- Knight moved that Southwind Internet Access, Inc., as the provider of Internet access for the Wichita Public Library be approved and the Purchasing Manager be -- carried authorized to sign the contract. Motion carried 7 to 0. CENTRAL IMPROVEMENT CENTRAL AVENUE IMPROVEMENT, WEST STREET TO MCLEAN BOULEVARD. (Districts IV and VI) Agenda Report No. 96-763. The 1996 Capital Improvement Program provides funding to acquire right-of-way for improvements to Central Avenue, from West Street to McLean Boulevard (CIP No. MS-432). The project is currently under design. The project, which is scheduled for construction in 1998, will provide a five-lane roadway. The right-of-way to be acquired is a 20-foot strip on the north side of Central, near St. Paul. The project budget is $50,000. The funding source is General Obligation Bonds. The right-of-way budget will be combined with an $85,000 design budget previously approved by the City Council. Motion -- Knight moved that the project be approved and the Ordinance be placed on first -- carried reading. Motion carried 7 to 0. ORDINANCE An Ordinance declaring Central from I-235 Freeway to McLean (472-82583) 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. CHANGE ORDER CHANGE ORDER: MCLEAN BOULEVARD IMPROVEMENTS, MERIDIAN TO SENECA. (Dist. IV/VI) Agenda Report No. 96-764. On March 19, 1996, the City Council approved a project to reconstruct McLean Boulevard from Meridian to Seneca. A construction contract was awarded to Cornejo & Sons, Inc. on April 30, 1996. At the time the construction plans were prepared and the project was let for construction, the Water and Sewer Department intended to retain use of a section of a 24-inch diameter water line in the intersection of McLean and Exposition, and to abandon approximately 4,400 feet of another 24-inch line from Sedgwick to Exposition. After excavation at the intersection of McLean and Exposition and following the rupture of the nearby 48-inch water line earlier this summer, it has been determined that the portion of water line from Sedgwick to Exposition should be retained in service. Also, because of a leaky valve on the other 24-inch line in Exposition, a portion of it should be capped for possible future use and the remainder abandoned. In order to maintain service in the 24-inch line from Sedgwick to Exposition, it is necessary to lower approximately 1,000 feet of the 24-inch line. The contractor has agreed to perform all of the additional work at a cost of $166,302. The project budget is $5,930,000. The construc- tion contract is $2,816,697. Funds are available within the water utility to pay for the Change Order. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried sign; and the transfer of funds be approved. Motion carried 7 to 0. POLICE GRANT APP. COPS MORE GRANT APPLICATION. Agenda Report No. 96-765. The Community Oriented Police Services Making Officer Redeployment Effective (COPS MORE) Grant Program is sponsored by the U.S. Department of Justice. The COPS MORE Grant Program provides funding for equipment that improves the efficiency of police officers. This is the second year of the COPS MORE program. In 1995, the City of Wichita received $874,310 for 84 mobile computer terminals (MCTs) through this program. This year the Police Department proposes to again request funding for MCTs. The Police Department proposes to request $387,502.50 for 61 MCTs. The 61 MCTs in conjunction with the 84 MCTs funded last year will allow the Police Department to equip each patrol vehicle with an MCT. In order to qualify for the grant, the City must assure that the MCTs will provide time savings equal to one full-time officer for each $25,000 in federal funds received. For this grant, that equates to 15.5 positions, or 28,272 staff- hours. The Police Department has analyzed the use of MCTs and has determined that they will provide the necessary time savings by reducing the time to conduct a records check from four (4) minutes to (1) one minute and by reducing the time to generate an incident report from 55 minutes to 22.5 minutes. The resulting increased efficiency of police officers will allow them more time to participate in community policing activities such as problem solving projects, community meetings, neighborhood watch programs, and proactive policing through crime analysis. The COPS MORE Grant Program requires a 25% local match, which is $129,167.50 in this instance. If the grant is received, the local match will be funded from narcotic seizure funds, the Police Department's operating budget, or both depending upon available funding. The MCTs will entail approximately $20,000 per year for maintenance, which is not currently included in the Police Department's operating budget. Motion -- Knight moved that the grant application be approved and necessary signatures be -- carried authorized. Motion carried 7 to 0. EASEMENT DEDICATION WATER UTILITY EASEMENT DEDICATION - OUT OF CITY. Agenda Report No. 96-766. The Water Department is constructing a pressure reducing valve station on the City's 66 inch raw water line from Cheney Reservoir. The additional valve and line will require dedication of a surface easement on the existing water line easement to allow the construction of the structure to house the relief valve. When the easement was originally acquired in the late 1950's, the easement allowed only for the installation of underground water line. The new easement will allow for the structure, construction, and maintenance. The tract is owned by Albert Jansen who has agreed to accept $500 for the dedication of the easement. The property is located in far western Sedgwick County, at 21st Street, east of 359th West. Motion -- Knight moved that the easement dedication be approved and the use of project -- carried funds be authorized. Motion carried 7 to 0. PROPERTY DISP. SALE OF HOUSES ACQUIRED FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-767. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September 1995, and the City was given permission to begin active acquisition in the corridor. The targeted acquisitions include a variety of single and multi-family residential units. Twelve such properties were identified and offered for sale by sealed bid to the public. The successful bidders will have sixty days to move the houses, will be responsible for demolishing the foundations and clearing the site. The properties were advertised by mailings, television, yard signs, and open houses. Houses for which bids were not received will be scheduled for demolition. Bids were opened on Tuesday, September 3. Bids were received on two of the properties. The bid prices ranged from $250 to $3,000. In addition to the purchase price, the successful bidder will be required to provide a $5,000 deposit to be used to defray demolition costs if the property is not cleared in a timely manner. The houses that did not receive bids were too large to move or had structural problems/features that made relocation impractical. The total amount bid on the houses was $3,250. This amount, net of sales expenses, will be returned to the CIP. Motion -- Knight moved that the bids and the Mayor be authorized to sign any necessary -- carried documents. Motion carried 7 to 0. SETTLEMENT AGREEMENT SETTLEMENT AGREEMENT - LANGE V. CITY. Agenda Report No. 96-768. The City Council denied an application for rezoning of property located at 4911 South Meridian. Jeff M. Lange and JBL, Inc., landowners, instituted a lawsuit against the City based upon the City's denial of the rezoning application on the subject property. An adjacent landowner who had filed a protest petition was allowed to intervene in the lawsuit to support the denial. The landowners were granted a temporary injunction by the District Court allowing continued "BB" use of the property until the resolution of the case. Thereafter, the adjacent landowner withdrew from the case and stated his support for the rezoning; the landowners requested settlement of the case. The Settlement Agreement is the resolution of disputed claims and avoids any adverse rulings that may come from the trial of the case. The Settlement Agreement will provide mutual releases from any liability on the rezoning case. It will ask the District Court to approve a journal entry in Case No. 96 C 655 settling the case. Under the journal entry, the Court will grant the rezoning of the subject parcel from "G" Mobile Home District to "BB" Office District (which is now "GO" General Office). Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SPECIALS AGREEMENT AGREEMENT TO RESPREAD SPECIAL ASSESSMENTS IN GRAF-GOLDSTON 2ND ADDITION, SOUTH OF 21ST STREET, EAST OF MAIZE ROAD. (District V) Agenda Report No. 96-769. The developer, Richard Wiechman, platted an addition called Graf-Goldston Second Addition and has submitted an Agreement to respread special assessments in the addition. The land was originally included in numerous improvement districts for a number of public improvement projects. The purpose of the Agreement is to respread special assessments on an equal share basis for each lot. Without the Agreement, the assessments will be spread on a square foot basis. The Agreement will save the City time in recalculating special assessments for each newly platted lot and will equalize the assessments for each lot, making it easier for the developer to market the lots. There is no cost to the City. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. ORDINANCE NO. 43-207 Railroad Program An Ordinance declaring Meridian, north of Orient; Old Airport Road, south of Kellogg; McCormick, east of West Street; and Maize Road, south of Kellogg, (Phase I, 1996 Railroad Program (472- 82762) 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-208 Rock Road An Ordinance declaring Rock Road, from 43rd Street North to 45th Street North (472-82700) to be a main trafficway 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-209 Lincoln Street Dam An Ordinance to amend and repeal Ordinance No. 42-930 declaring it necessary to authorize improvements to the Lincoln Street dam, in the City of Wichita, Kansas; ordering and providing for the improvements thereof; and providing for payment of the cost thereof, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-210 Tyler Road An Ordinance declaring relocated Tyler Road from K-42 Highway to 31st Street South (472-82754) 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PLANNING AGENDA V-1984 PUBLIC HEARING V-1984 - REQUEST TO VACATE A BUILDING SETBACK LOCATED IN AN AREA WEST OF SENECA AND SOUTH OF PAWNEE. (District IV) Agenda Report No. 96-770. Staff Recommendation: Approve vacation of building setback. MAPC Recommendation: Approve vacation of building setback. 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 7 to 0. V-1985 PUBLIC HEARING V-1985 - REQUEST TO VACATE A BUILDING SETBACK LOCATED IN AN AREA EAST OF HYDRAULIC AND NORTH OF 31ST STREET SOUTH. (District III) Agenda Report No. 96-771. Staff Recommendation: Approve vacation of building setback. MAPC Recommendation: Approve vacation of building setback. 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 7 to 0. S/D 96-32 S/D 96-32 - PLAT OF THE STONEBRIAR ADDITION LOCATED SOUTH OF 47TH STREET SOUTH AND WEST OF MERIDIAN. (District IV) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-772. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Water 100 Percent petition for construction of Water Distribution System Number 448-89074 (west of Meridian, south of 47th Street South) ($140,000 S.A., $8,000 Water Utility Reserves) (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-89075 (west of Meridian, south of 47th Street South) ($144,300 S.A.) (Hold for development) Storm Sewer 100 Percent Petition for construction of Storm Water Drain No. 125 (Project No. 468-82637) (west of Meridian, south of 47th Street South) ($180,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lift Station and Force Main for Laterals 371 & 372, Southwest Interceptor (west of Meridian, south of 47th Street South) (Project No. 468-82638) ($130,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 371, Southwest Interceptor (Project No. 468-82639) (west of Meridian, south of 47th Street South) ($215,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 372, Southwest Interceptor (Project No. 468-82640) (west of Meridian, south of 47th Street South) ($223,600 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Custer from the north line of the plat to the south line of Lot 24, Block 1; Custer Circle from the east line of Custer to and including the cul-de-sacs; Mt. Carmel Circle from the west line of Custer to and including the cul-de-sacs, and; sidewalk along one side of custer, Project No. 472-82765 (west of Meridian, south of 47th Street South) ($228,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of 50th Street South from the east line of the plat to the north line of Lot 25, Block 1; Mt. Carmel from the south line of 50th Street South to the south line of the plat; 51st Street South from the south line of 50th Street South to the west line of the plat; custer circle from the north side of 50th Street South to and including the cul-de- sac, and; sidewalk along one side of 50th Street South, 51st Street South, and Mt. Carmel, Project No. 472-82766 (west of Meridian, south of 47th Street South) ($470,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of 47th Street from the east line of the plat to the west line of the plat, Project No. 472- 82767 (west of Meridian, south of 47th Street South) ($29,500 S.A.) (Hold for development) Documents Easement (Temporary Access Easement for Emergency Ingress and Egress, Lot 15, Block 2; Lot 43, Block 2, Stonebriar Addition), Certificate of Petitions, Restrictive Covenants from Investors Group, Inc. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Gale 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-96-340 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89074 (west of Meridian, south of 47th 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. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-341 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89075 (west of Meridian, south of 47th 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. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-342 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 125 (Project No. 468-82637) (west of Meridian, south of 47th 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. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-343 Resolution of findings of advisability and Resolution authorizing construction of Lift Station and Force Main for Laterals 371 & 372, Southwest Interceptor (Project No. 468-82638) (west of Meridian, south of 47th 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. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-344 Resolution of findings of advisability and Resolution authorizing construction of Lateral 371, Southwest Interceptor (Project No. 468-82639) (west of Meridian, south of 47th 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. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-345 Resolution of findings of advisability and Resolution authorizing construction of Lateral 372, Southwest Interceptor (Project No. 468-82640) (west of Meridian, south of 47th 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. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-346 Resolution of findings of advisability and Resolution authorizing improving of Custer from the north line of the plat to the south line of Lot 24, Block 1; Custer Circle from the east line of Custer to and including the cul-de-sacs; Mt. Carmel Circle from the west line of Custer to and including the cul-de-sacs, and; sidewalk along one side of custer, Project No. 472-82765 (west of Meridian, south of 47th 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. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-347 Resolution of findings of advisability and Resolution authorizing improving of 50th Street South from the east line of the plat to the north line of Lot 25, Block 1; Mt. Carmel from the south line of 50th Street South to the south line of the plat; 51st Street South from the south line of 50th Street South to the west line of the plat; custer circle from the north side of 50th Street South to and including the cul-de- sac, and; sidewalk along one side of 50th Street South, 51st Street South, and Mt. Carmel, Project No. 472-82766 (west of Meridian, south of 47th 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. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-348 Resolution of findings of advisability and Resolution authorizing improving of 47th Street from the east line of the plat to the west line of the plat, Project No. 472- 82767 (west of Meridian, south of 47th 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. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. S/D 96-19 S/D 96-19 - PLAT OF THE THREE ANGELS ADDITION LOCATED SOUTH OF 45TH STREET NORTH AND EAST OF HYDRAULIC. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-773. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Water 100 Percent Petition for construction of Water Distribution System Number 448-89077 (south of 45th Street north, east of Hydraulic) ($68,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 91, Sanitary Sewer No. 23 (south of 45th Street north, east of Hydraulic) ($33,500 S.A.) (Hold for development) Documents Certificate of Petitions, Restrictive Covenants from Kansas- Nebraska Association of Seventh Day Adventists, Inc. Motion -- Rogers 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-96-349 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89077 (south of 45th Street north, east of Hydraulic) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Rogers moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-350 Resolution of findings of advisability and Resolution authorizing construction of Lateral 91, Sanitary Sewer No. 23 (south of 45th Street north, east of Hydraulic) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Rogers moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. A 96-21 A 96-21 - REGENCY LAKES, LLC REQUEST THE ANNEXATION OF PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED NORTH OF 21ST STREET NORTH, EAST OF GREENWICH ROAD AND SOUTH OF K-96 HIGHWAY. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-774. Regency Lakes, LLC has requested that property under its ownership be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the September 17, 1996 City Council meeting. The tract of land is approximately 135ñ acres in size. The property is located north of 21st Street North, east of Greenwich Road, and south of K- 96 Highway. A final plat was approved by Metropolitan Area Planning Department (MAPD) on August 29, 1996 for a 11.5 acre portion of the property proposed for rezoning to allow an assisted living complex (PUD-2). The MAPC on July 25, 1996, approved a final plat for single-family lots on 56.5ñ acres (Regency Lakes). A preliminary plat was approved by the MAPC's Subdivision Committee on August 22, 1996 for the eastern 67ñ acres (Greenwich Business Park). The entire acreage is zoned "SF-20" Single- Family district today, under the new Wichita-Sedgwick County Unified Zoning Code, and will convert to the City's "SF-6" Single-Family district upon annexation. The "SF-6" classification will accommodate the single-family lots being platted on the portion named Regency Lakes. The property owners have received approval from the Board of County Commissioners to rezone the eastern portion being platted as Greenwich Business Park from the "SF-20" Single-Family district to "LC" Limited Commercial and "LI" Limited Industrial district. Upon annexation, and after the plat has been recorded, the ordinance enacting the "LC" Limited Commercial and "LI" Limited Industrial district can be approved. The area proposed for assisted living under PUD-2 was considered and recommended for approval by the MAPC on August 29, and the City Council is scheduled to consider this request on October 1, 1996. Water lines are currently being designed for this particular area. There will be a 36 inch water line along 21st Street North from Clubhouse Street to 127th Street East and a 16 inch water line which runs along Greenwich Road. The Water Department will pay for the line along 21st Street and oversizing of the line along Greenwich Road, at an estimated cost of $1.5 to 1.8 million. The following conditions need to be met in order for water service to be provided to the proposed developments: Sewer service will be available to this land on a temporary basis through a pump station and force main at no expense to the water utility. Eventually, a larger pump station and mains will be built to serve the larger area. Under the City's policy, the City-at-large can be expected to pay 50% of these costs. No estimate of cost is available for this project. Greenwich Road and 21st Street along the frontage of this property are two-lane roads built to County standards. The County's CIP indicates that 21st Street will be widened to four lanes east to K-96 in 1998. Additional improvements along both Greenwich and 21st Street will be petitioned as part of the platting of this property. The Wichita Fire Department indicates fire protection can be extended to the requested annexation area within a 8 minute response time from City Fire Station No. 14, located at 6408 Farmview. According to the 1996-2005 Capital Improvement Program (CIP) for the City of Wichita, Kansas, Fire Station No. 18 located near Colonel James Jabara Airport, 2800 N. Webb Road is scheduled to be built in 1997. When built, the response time for the proposed annexation will decrease from 8 to 4 minutes. Upon annexation, police protection will be provided to the area by the officers and equipment of the Patrol East Division of the Wichita Police Department serving the eastern portion of the City. This property is located adjacent to the urban growth/service area of the City of Wichita as delineated in City Council Policy 32. In approving sewer service to this area earlier this year, the Council in effect enlarged this area to include the subject property. The property is located in an area identified as urban reserve by the Comprehensive Plan, but is adjacent to existing urban development and the projected growth boundary of Wichita. The property is located within an area that can be served with the extension of water and sewer services. The property owners will be responsible for the cost of connecting to water and sewer when the service is requested. There are some significant at-large costs associated with water and sewer service extension to the general area including this property. However, the City Council already has acted to add this area to the service area mapped as part of Policy 32, and eventually, development of this property should add substantially to the City's tax base. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. 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-96-21 OFF AGENDA ITEM WATER MAIN BREAK RECENT WATER MAIN BREAK Motion -- Knight moved that Staff be directed to: 1) Contact the State Insurance Commissioner to seek a determination as to whether or not insurance coverage should apply in this case (the cases that occurred a couple of weeks ago); 2) Contact and meet with each of the affected citizens to determine damage costs and return to the Council with proposals for settlement in this specific occurrence; 3) Complete detailed research and return with proposals and options for responding in future occurrences. Council Member Cather Council Member Cather asked the Council to look into setting up a committee similar to the State's Committee that looks into Kansas Tort Claims Act cases. Council Member Kamen Council Member Kamen also asked that the Council look at something similar to federal government disaster loans, low interest loans. -- carried Motion carried 7 to 0. RECESS The City Council recessed at 9:55 a.m. to a workshop on Solid Waste Disposal Options and returned to regular session at 10:12 a.m. 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, legal advice, and contract negotiations; preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed at approximately -- carried 1:00 p.m. in the City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 12:10 p.m. and reconvened in regular session at 1:02 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. (The Council proceeded to take up Item No. 5. Action is shown in Agenda order.) ADJOURNMENT The City Council meeting adjourned at 1:20 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 162 SEPTEMBER 17, 1996 Page