MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 19, 1997 Tuesday, 9:04 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Rogers; present. Council Members *Ferris, Gale, *Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rabbi Pincus Aloof, Hebrew Congregation Synagogue. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. *Council Members Ferris, Kamen; present. Minutes -- The minutes of the regular meeting of August 12, 1997, were -- approved approved 6 to 0. (Gale absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. PRESIDENT'S SCHOLAR Mayor Knight recognized Stephanie Euker, Presidential Scholar, as an extra- ordinary Wichitan. UNFINISHED BUSINESS S/D 97-47 S/D 97-47 - PLAT OF LOWE'S ADDITION LOCATED AT THE SOUTHWEST CORNER OF MAPLE AND RIDGE ROAD. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-717. The plat includes unplatted property and a replat of a previously platted lot. A Certificate of Petitions, Temporary Utility Easement, Avigational Easement, and Restrictive Noise Covenant were submitted. The plat provides for lesser setbacks along Maple and Taft than provided in the approved C.U.P.; however, an administrative adjustment of the setbacks to reflect the new platted setbacks is being processed. 100 Percent Petition for construction of Lateral 58, Main 4, Southwest Interceptor Sewer (south of Maple, west of Ridge) Project No. 468-82760 $46,000 S.A. (Hold for development) 100 Percent Petition for deceleration lane on the south side of Maple to serve Lot 1, Lowe's Addition Project No. 472-82856 (south of Maple, west of Ridge) $61,000 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 6 to 0. (Gale absent) RESOLUTION NO. R-97-306 Resolution of findings of advisability and Resolution authorizing construction of Lateral 58, Main 4, Southwest Interceptor Sewer (south of Maple, west of Ridge) Project No. 468-82760 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Gale absent) Yeas: Cole, Ferris, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-307 Resolution of findings of advisability and Resolution authorizing construction of deceleration lane on the south side of Maple to serve Lot 1, Lowe's Addition Project No. 472-82856 (south of Maple, west of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Gale absent) Yeas: Cole, Ferris, Kamen, Lambke, Rogers, Knight. NEW BUSINESS TAX EXEMPTION REQUEST PUBLIC HEARING AND TAX EXEMPTION REQUEST - JR CUSTOM METAL PRODUCTS, INC. (District VI) Allen Bell Financial Projects Director reviewed the Item and the Cost Benefit Analysis. Agenda Report No. 97-722. JR Custom Metal Products, Inc. (JR), is a manufacturer of a complete line of metal fabricated products and equipment. JR specializes in the unique designing and engineering of metal products from aluminum, stainless steel, titanium and hot roll steel materials. JR, located at 1957 N. Mosley, is requesting a tax exemption on the first phase of a two phase $1,374,649 expansion project. The first phase, to be implemented during JRs 1996-1997 fiscal year, consists of the construction of a two story office building addition at a cost of $114,669 and the purchase of machinery and equipment at a cost of $434,980 for a total phase 1 cost of $549,649. The second phase, to be implemented during JRs 1998-1999 fiscal year, will consist of the construction of an 8,500 s.f. building at a cost of $250,000 and the purchase of additional machinery and equipment at a cost of 575,000 for a total Phase 2 cost of $825,000. JR has been engaged in the manufacture of metal fabricated products since 1974. JR has 43 employees and expects to add another 11 new employees over the next 5 years. The $549,649 expansion project will consist of the construction of a building and the purchase of machinery and equipment. Under the City's Business Incentives Policy, JR is eligible for the following: TAX EXEMPTION ELIGIBILITY ELIGIBLE % INCENTIVE EXPLANATION 24.0% New Job Creation: JR presently employs 43 full-time employees at its facilities and expects to hire an additional 11 employees within the first 5-years after the completion of Phase 1 of the project. 6.50% Capital Imp: JR will invest approximately $549,649 in the construction of a two-story building and the purchase of additional personal property. 30.50% TOTAL ELIGIBLE FOR BUSINESS INCENTIVES (Maximum allowed is 50%) 50.0% Export Premium JR exports 100% of its product outside the State of Kansas 50.0% TOTAL ELIGIBLE FOR EXPORT PREMIUM (Maximum allowed is 50%) 20.0% Location Premium: JR is located in an area eligible for this incentive. 100.0% TOTAL EXEMPTION ALLOWED UNDER BUSINESS INCENTIVE POLICY JR 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. JR will maintain a City of Wichita approved EEO/AA Plan for the full term of the Tax Exemption. The estimated first year taxes on JR's proposed $549,649 project under the 1996 mill levy on property within the Wichita City limits would be $13,731. Using the allowable tax exemption of 100.0%, the City would be exempting, for the first year, $13,731 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 2.6 for the City of Wichita; 2.4 for Sedgwick County; 1.2 for USD 259 and 15.5 for the State of Kansas of benefits to costs with a 100.0 percent exemption for JR. JR paid $11,940 in existing real and personal property taxes in 1995 and will continue to pay taxes on the existing property. The existing building and personal property will stay on the property tax rolls. The policy exemption equates to $1,248 of exempted taxes per each new job (11 new jobs). The tax exemption will be shared among the taxing entities as follows: City - $3,808; County/State - $3,602; and USD 259 - $6,321. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the public hearing be closed; a 100% tax exemption for five years on the construction of an office building addition and the purchase of personal property, and 50.0% for a second 5 years only on the building be approved; and the Ordinance be placed on first reading. Council Member Lambke Council Member Lambke questioned the use of the cost benefit analysis. Allen Bell Financial Projects Director explained that the Cost Benefit Analysis takes into account spending, capital investment, sales tax, etc. measured against additional cost to the community. The Analysis is a complex model which was developed by the Kansas League of Municipalities. Council Member Lambke Council Member Lambke suggested that a different taxing structure be looked at rather than going through the abatement process for each company. Council Member Cole Council Member Cole said she is comfortable with the present model which has the same rules for all. Council Member Kamen Council Member Kamen stated that in past history, every time the policy was worked on, council members had their own priorities - different values based on each member's experiences. The policy can be changed but the present criteria has withstood the test of time. Council Member Rogers Council Member Rogers said he was not in favor of revisiting the process at this point. The present policy is the most workable the City has had in a number of years; and is one of the preponderant reasons why the City is in good economic condition. -- carried Motion carried 6 to 0. (Gale absent) 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 JR Custom Metal Products, Inc. so exempted, introduced and under the rules laid over. R & R PRECISION MACH. PUBLIC HEARING AND TAX EXEMPTION REQUEST - R & R PRECISION MACHINE, INC. (District IV) Allen Bell Financial Projects Director reviewed the Item and the Cost Benefit Analysis. Agenda Report No. 97-723. R & R Precision Machine, Inc. (R & R), is a manufacturer of aircraft precision machined parts. R & R, located at 2615 Esthner Court, is requesting a tax exemption on a $2,215,066 expansion project consisting of the purchase of machinery and equipment. The City Council, in November of 1989 and 1990 and in October of 1991 and May of 1993, approved tax exemptions for R & R on four expansion projects consisting of the purchase of machinery and equipment costing a total of $591,658. All the personal property for these expansion projects is back on the on the tax rolls except for the 1993 expansion project which will be back on the tax rolls for 1998. R & R has been engaged in the manufacture of aircraft precision machined products since 1987. R & R specializes in machining of very complex contoured aircraft parts for several aircraft manufacturing companies. R & R has 26 employees and expects to add another 23 new employees over the next 5 years. The $2,090,656 expansion project will consist of the following: Personal Property: Matsuura MC $341,834 LKG-80c Measuring Machine 113,360 Autosiama 3,500 2 - KT180 and Attachments 39,420 2 - Fadal VMC6030 204,005 LAB 30 Liquid DEUU 600 Heald 2052 Acracenter Mill 2,881 SNK 60V 5-Axis Profiler & Att 366,721 Fadal VMC 8030 186,504 Fadal VMC 4024A 76,855 Cincinnati 5-axis VMC 236,071 Presetting Machine & Att 15,605 2 - Chip Conveyors 3,500 2 - CEM P5-166 Computers and Hardware and Software 7,390 Burr Bench 5,517 VRG RAM Morey Mill 3,400 2 - CNC Lathe Anlam Lathemate 27,000 Heliarc Welder 1,900 Boring Head and Attachments 1,704 MIT Surface Tester 2,889 Hwacheon 185,000 Horizontal Band Saw 3,500 Horizontal NC Mach Cntr w/Att 262,500 Total Machinery: $2,090,656 Under the City's Business Incentives Policy, R & R is eligible for the following: TAX EXEMPTION ELIGIBILITY ELIGIBLE % INCENTIVE EXPLANATION 38.0% New Job Creation: R & R presently employs 26 full- time employees at its facilities and expects to hire an additional 23 employees within the first 5-years after the completion of the project. 26.2% Capital Impr: R & R will invest approximately $2,090,656 in the purchase of additional personal property. 64.2% Total Business Incentives 50.0% TOTAL ELIGIBLE FOR BUSINESS INCENTIVES (Maximum allowed is 50%) 50.0% Export Premium R & R provides products and services to aircraft companies that export 100% of their 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 R & R is eligible for a 100.0% tax exemption for five years on personal property. A notice of public hearing has been published. R & R will maintain a City of Wichita approved EEO/AA Plan for the full term of the Tax Exemption. The estimated first year taxes on R & R's proposed $2,090,656 project under the 1996 mill levy on property within the Wichita City limits would be $50,473. Using the allowable tax exemption of 100%, the City would be exempting, for the first year, $50,473 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 1.6 for the City of Wichita; 1.6 for Sedgwick County; 1.2 for USD 259 and 9.5 for the State of Kansas of benefits to costs with a 100.0 percent exemption for R & R. R & R paid $36,314 in existing real and personal property taxes in 1996. The policy exemption equates to $2,194 of exempted taxes per each new job (23 new jobs). The tax exemption will be shared among the taxing entities as follows: City - $13,996; County/State - $13,241; and USD 259 - $23,236. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Ted Knopp Ted Knopp, representing R & R thanked the Council for their support, reviewed the growth of R & R, and urged approved of the Item. Rick Lennabary Rick Lennabary, President and owner of R & R, said the Company is growing. The exemptions helped the company grow from two employees to 40 employees just since 1989. Tax exemptions have a major impact on small business. Motion -- Knight moved that the Public Hearing be closed; a 100.0% tax exemption for five years on the purchase of personal property be approved; and the Ordinance be -- carried placed on first reading. Motion carried 6 to 0. (Gale absent) 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 R & R Precision Machine, Inc. so exempted, introduced and under the rules laid over. CIMARRON ACQUISITION PUBLIC HEARING AND ISSUANCE OF MULTI-FAMILY HOUSING REFUNDING REVENUE BONDS - CIMARRON ACQUISITION, INC. (District V) Allen Bell Financial Plans Director reviewed the Item. Agenda Report No. 97-724. On December 3, 1996, Cimarron Acquisition, L.P., a Missouri Limited Partnership, was issued Multi-Family Industrial Revenue Bonds in the amount of $2.5 million. The bonds financed the acquisition and rehabilitation of the Cimarron Apartments, a multi-family housing project for low and moderate income families, located at 734 North Ridge Road. The Cimarron Apartments are a 132-unit apartment complex located in west Wichita on approximately 5.8 acres of land near Central and Ridge Road. The property consists of 9 apartment buildings and includes an office, laundry facilities, a fenced playground and a swimming pool. Each unit has a patio or balcony. The rehabilitation project included exterior improvements, including parking lot repairs, painting, roofs, and concrete work, and interior improvements including new appliances and carpeting. The rehab work is currently under way. Cimarron Acquisition, L.P. is a Missouri Limited Partnership organized to acquire, develop and operate this project. The partnership is an affiliate of KelCor, Inc. which has developed similar projects including the 82-unit Bannister Arms Apartments in Kansas City, Missouri and the 170-unit Oakbrook Apartments in Topeka, Kansas. The purpose of refinancing the 1996 Bonds at this time is to take advantage of the availability of a Federal National Mortgage Association ("Fannie Mae") program which provides mortgage insurance on qualified multi- family projects, which in turn reduces the financing costs of the project. At the time of the issuance of the 1996 Bonds, Kelcor was not able to take advantage of this opportunity. In anticipation of being able to do so in the near future, the 1996 Bonds were temporarily placed with a financial institution with the understanding that they would be redeemed at the point in time when the Fannie Mae-backed refunding bonds were issued. The total estimated costs of the project, and the sources of funding are as follows: Sources of Funds Bond Proceeds $ 2,500,000 Uses of Funds Refund Series XA, 1996 Bonds $2,100,000 Refund Series XB, 1996 Bonds 400,000 Total Uses of Funds $ 2,500,000 It is anticipated that the Series A Bonds will be purchased and marketed by Piper Jaffray of Kansas City, Missouri. The Series B Bonds will be purchased by an affiliate of the Partnership. Bond Counsel for the transaction is the firm of Gilmore & Bell, Kansas City. Kelcor has filed a current Equal Employment Opportunity/ Affirmative Action Plan with the Department of Human Services. Cimarron Acquisition, agrees to pay all costs of issuing the bonds and to pay the City's $2,500 annual administrative service fee for the term of the bonds. Cimarron Acquisition was not granted an abatement of ad valorem property taxes in conjunction with the issuance of the bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the Public Hearing be closed; the Bond Ordinance which will approve the Bond Documents including the: Trust Indentures, Base Lease, Sublease, Bond Purchase Contract, Bond Placement Agreement, Financing Agreements, Regulatory Agreement, Special Warranty Deed, 1996 Lease Termination and Administrative Service Fee Agreement be placed on first reading; and the Mayor be -- carried authorized to execute the necessary documents. Motion carried 6 to 0. (Gale absent) ORDINANCE An Ordinance authorizing the City of Wichita, Kansas, to issue its multi-family Housing Refunding Revenue Bonds (Cimarron Apartments Project) Series No. VIII-A, 1997, in an aggregate principal amount not to exceed $2,000,000 and its subordinated multi-family Housing Refunding Revenue bonds (Cimarron Apartments Project) Series No. VIII-B, 1997, in an aggregate principal amount of not to exceed $500,000 for the purpose of refunding and redeeming the City's $1,300,000 multi-family Housing Revenue Bonds, Series X-A, 1996 (Cimarron Apartment Project) and $1,200,000 subordinated multi-family Housing Revenue Bonds, Series X-B, 1996 (Cimarron Apartment Project) the proceeds of which were applied to finance the acquisition and rehabilitation of a commercial multi- family housing project; authorizing execution and delivery of indentures, financing agreements, regulatory agreement, bond purchase contract, bond replacement agreement, special warranty deed, 1996 lease termination, base lease, and sublease; authorizing and approving certain documents in connection with the issuance of said bonds; and authorizing certain other actions in connection with the issuance of said bonds, introduced and under the rules laid over. COLLEGE HILL POOL COLLEGE HILL SWIMMING POOL: LETTER OF INTENT. (District II) Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-725. The Department of Park & Recreation and the College Hill Pool Task Force propose construction of a new public swimming pool in College Hill Park to replace the 60-year old facility. The current swimming pool is due to be closed at the end of this year's season. College Hill neighborhood residents have proposed a "financial partnership" with the City that will provide funding for the design and construction of a new pool and the renovation of the existing pool house. In 1996, action was taken to close the College Hill Swimming Pool. At the request of area residents, closure of the pool was deferred to 1997 to give residents the opportunity to develop interest in constructing a new pool facility. A College Hill Pool Task Force determined that a new and larger pool would be desirable in the area; it proposed a public-private partnership agreement with the City to secure funding to construct a new pool in College Hill Park. Under this proposal, the College Hill neighborhood would agree to provide approximately $500,000 towards the total cost of the pool design/construction; the City would contribute $250,000. The neighborhood would raise a portion of the funds through private donations, grants and the establishment of a special improvement district in the College Hill area. Properties in the improvement district would be assessed $25 per year for 15 years. Establishment of the improvement district would be dependent on securing a petition with signatures of 51% of the property owners in the defined area. The City of Wichita would contribute $250,000 toward the construction a new swimming pool and renovation of the existing pool house in College Hill Park. This amount was recommended in the City budget which was approved by the City Council on August 12, 1997. The Task Force has received a $25,000 Lattner Foundation grant for the project. The establishment of an improvement district in the College Hill area would be structured as follows: -- The improvement district would consist of approximately 1,903 properties in the area surrounded by Kellogg, Central, Hillside and Oliver. The formula is based on "one house equals one property, regardless of the number of lots involved." -- The total principal amount for each ownership tract is estimated to be $250 with a maximum 15-year annual assessment. -- At $25 per property/year, the assessment will produce $47,575 to be used for annual debt service requirements. At interest of 5.5% (for 15 years) on a principal amount of $475,000, debt service will amount to $48,288 annually. It is estimated the annual costs to operate and maintain the new facility will amount to approximately $23,000. The Law Department has advised that the City has the ability to establish a special improvement district to fund this particular public project if adequate signatures from affected residents are obtained through a petition process. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Chris Cherches City Manager, responding to questions, said the fees for use of the pool will be handled the same as other swimming pools in the City. The fees help pay the operation costs. It is hard to say what the operating costs will be. The operation costs are estimated for each pool. The $23,000 estimate was based on the square footage of the new pool. Beth King Beth King said the new pool is to be a family-friendly neighborhood design and is to encourage participation. Approval is being sought from the residents and business owners in the College Hill area, based on the hypothesis that something that is family-friendly will increase participation and, essentially, increase revenue. It is hoped the property owners in College Hill will see the facility as something that will help the neighborhood sustain vitality and health as an older neighborhood so competition is maintained with new development, new pools, and green spaces. Chris Cherches City Manager, responding to a question, said if there is a sufficient petition from the neighborhood, the City Council will then be asked to adopt a special assessment to the district. The $250,000 was adopted in the Park and Recreation Fund. Motion -- Kamen moved that the public/private project be approved; and the Mayor be -- carried authorized to sign the Letter of Intent. Motion carried 6 to 0. (Gale absent) FIREFIGHTERS MUSEUM KANSAS FIREFIGHTERS MUSEUM. (District VI) Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-727. On April 20, 1982, the (then) City Commission authorized retention of Engine House No. 6 for use as a firefighters museum without additional cost to the City. In October, 1985, the Fire Department Historical Society was organized as a not-for-profit corporation to collect and preserve articles from the fire service of historical, artistic, scientific or educational value. In March, 1993, an historic place committee was formed for the purpose of determining the feasibility of restoring Engine House No. 6, and subsequently adopted an organizational goal of forming an action group, Friends of Engine House No. 6. This group was successful in obtaining state and national historic landmark status for the firehouse, developing plans for restoration of the building, planning operation of a fire museum and promoting community interest in the restoration efforts. In July, 1996, the interested groups were united as the Kansas Firefighters Museum, Inc., and all activities of the organizations were combined. The Kansas Firefighters Museum, Inc. (KFM), has leased Engine House No. 6 from the City to restore the structure to its 1909 condition and establish a fire museum. The Board of the Kansas Firefighters Museum has been successful in obtaining some grants and donations; however, additional funds are needed to restore the building. KFM is in the process of applying for Heritage Trust Grant funds for masonry tuck pointing and parapet repair. The estimated cost of the project is $37,800. The application is for 80% of the amount, or $30,240. KFM is requesting that the City express its support for the project by: a) Providing a letter of support to Heritage Trust Grant; b) Approving funds for the 20% support match in the amount of $7,560 In addition, KFM requests the City provide some assurance that the lease on the building will not be canceled so long as KFM meets its obligations as stated in the lease agreement Funding for the 20% grant match could be made available from the City's 1997 Appropriated Reserves. Larry Garcia Fire Chief urged approval of the Item. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Dale Churchman Dale Churchman, Kansas Firefighters Museum, Inc., said architectural blue prints have been drawn up for building restoration; nearly $10,000 for restoration has been raised in donations; a new roof has been pledged; front entrance door and locks have been installed; building supplies have been donated to repair all exterior woodwork; and all windows are being repaired, renovated, or replaced. Over the past two years, two unsuccessful applications have been made for a Heritage Trust Grant. The Grant committee has commented on the lack of City evidence of support; possible lease cancellation; and medium and low rankings on financial, community support, and over all. This grant application will be a single-focus application and will request funding for only masonry tuck pointing and parapet repair. The estimated cost of the project is $37,800 and the application will be for 80 percent or $30,240 of the total. The Kansas Firefighters Museum, Inc., is requesting that the City of Wichita show support for the project by writing letters of support to be attached to the Heritage Trust Grant application, granting $7,560 to the KFM (equal the 20 percent grant match), and give assurances that the lease on the building would not be canceled as long as the KFM meets its obligations as stated in the lease agreement. Council Member Cole Council Member Cole said that when the lease was approved the roof leaked. The KFM has tried to patch the roof but has not been successful. It is difficult to receive grants on property not owned. Substantial work has been done on the property but the grant money is needed to complete the repairs. Motion -- Cole moved that a letter of support to Heritage Trust Grant on behalf of the Kansas Firefighters Museum, Inc., approving matching funds in the amount of $7,560 be authorized; and the conditions of the lease agreement with KFM be -- carried reaffirmed. Motion carried 6 to 0. (Gale absent) FUNDING REQUESTS-KDOT PROJECT FUNDING REQUESTS TO KANSAS DEPARTMENT OF TRANSPORTATION (KDOT). Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-729. As a continuation of their local partnership program, the Kansas Department of Transportation (KDOT) is requesting project submittal for the KLINK Resurfacing, Geometric Improvement, and Economic Development projects. The KLINK project requests are for fiscal year 2000 (July 1, 1999, though June 30, 2000) and the Geometric and Economic Development projects are for fiscal year 2001 (July 1, 2000, through June 30, 2001). The KLINK, Geometric and Economic Development projects were developed by the Public Works Department, the City Manager's Office, and the Planning Department. Staff recommends the following projects: KLINK Resurfacing Cost 1) Street surface repairs $ 320,000 Kellogg (US-54), from Woodchuck to Seville Road Kellogg (US-54), from east of Greenwich to 127th Street 47th Street South, from Broadway to I-135 Geometric Improvements Cost 1) Construct an additional northbound lane on K-15 Highway from 31st Street South to the I-135 on-ramp $ 249,287 2) Access Management along US-54 $ 122,500 from Tyler to West City Limits and from Edgemoor to East City Limits Economic Development 1) Reconstruction and widening of Tyler Road south from U.S. 54 to Harry Avenue $ 765,625 2) Reconstruction and widening of Learjet Way west from Mid-Continent Drive to Learjet $ 1,225,000 3) Reconstruction and widening of Hillside Avenue south from 21st Street to 17th Street $ 1,225,000 KDOT will participate in the cost of approved projects as follows: KDOT City KDOT % Share Share KLINK Resurfacing 1) Street Surface Repairs 46.8% $150,000 $170,000 Kellogg (US-54), Woodchuck to Seville Kellogg (US-54), east of Greenwich to 127th 47th South, Broadway to I-135 The City share for this program comes out of street maintenance funds in the operating budget. KDOT City KDOT % Share Share Geometric Improvements 1) K-15: 31st to I-135 75% $ 186,965 $ 62,322 2) Access Management on US-54 75% $ 91,875 $ 30,625 The City Share for this program would come from Local Sales Tax (LST) funds in 2000; if this project is awarded by KDOT, some reprioritization of LST funds may be necessary to make the match. KDOT City KDOT % Share Share Economic Development 1) Tyler Road: U.S. 54 to Harry 75% $ 574,000 $ 191,625 2) Learjet Way: Mid-Continent Dr. to Learjet 75% $ 918,750 $ 306,250 3) Hillside Avenue: 17th to 21st 75% $ 918,750 $ 306,250 The City share for these projects would need to come from 2000 General Obligation (GO) funds; if one or more of these projects are awarded by KDOT, some reprioritization of GO funds may be necessary to make the match. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the projects be approved and Staff be authorized to submit -- carried project requests to KDOT. Motion carried 6 to 0. (Gale absent) MUNICIPAL COURT COSTS MUNICIPAL COURT COSTS. Harold Flaigle Municipal Court Administrative Judge reviewed the Item. Agenda Report No. 97-730. The Municipal Court "Loaned Executive" Task Force, comprising individuals with a knowledge of both the legal system and also of good business and operational practices completed its report in August 1995. The City Manager then directed the formation of internal staff teams to address the recommendations presented in the Municipal Court Task Force Report. The City Council was presented with the findings of internal staff teams on March 5, 1996. The internal staff team report set forth a series of specific tasks which identified budgetary impacts, required policy/ordinance actions, the current status and the individual responsible for completion of the task. The Municipal Court Task Force report noted that traffic court cases have increased significantly. The number of traffic cases in Municipal Court has increased from 17,811 in 1993 to 28,752 in 1996, an increase of 61%. To address this, the Task Force recommended creation of an Administrative Traffic Court. The internal staff team concurred with the recommendation and began a plan to implement the Court. In April 1997, the City Council approved a charter ordinance and several simple ordinances which created the Court and established the hearing officer position. In June 1997, the City Council approved improvements in the court's computer system, in support of Administrative Traffic Court operations. The Administrative Traffic Court is designed to be an informal proceeding where the citizen offender is allowed to present their case to the hearing officer. The officer will then present the police side of the case. Neither side will be represented by an attorney. All traffic matters are eligible, unless there are penalties involving jail time, or an accident is involved. The goals of this Court are to: _ Simplify court procedures to the offender for handling routine traffic cases. _ Make contesting a ticket a less formal and time- consuming process by use of a hearing officer and eliminating prosecuting attorneys and defense attorneys. _ Improve scheduling for police officers, calling them as witnesses only when cases will be heard. _ Improve compliance with traffic charges. _ Making appearance by the offender more convenient with less time being spent. With the implementation of this Court, it is appropriate to review the cost of handling different types of cases in Municipal Court. The Task Team has reviewed the various options available to defendants on their cases and developed court costs which reflect the amount of processing and handling for each option. Under the proposed structure, each increased level of processing (on the part of the Court) results in increased court costs to any defendant unless found not guilty. Procedural changes are designed to improve and streamline services for the public. Any cost increases should result in more efficient resolution of court matters. The current court costs of $37 will remain unchanged. This cost will apply, as it does currently, to all cases heard by Municipal Court, Administrative Traffic Court and tickets paid without hearings with the exception of parking tickets. Currently there is a $10 cost applied to any court case set for trial. The proposed ordinance would apply that charge to any case set for any type of hearing. This would include Municipal Court hearings and Administrative Traffic Court hearings. In summary, the proposed ordinance will make court costs escalate in step with handling and processing, unless the defendant is found not guilty. Payment of any ticket without a hearing will result in court costs at the current level of $37. If any case is set for a hearing, court costs will increase by $10. Only when the case is set for trial in Municipal Court, which initiates the calling of witnesses and issuing subpoenas, will the $25 cost be assessed. Additionally, the fee for bench warrants, which are issued when a defendant fails to appear for their court date, will be increased from $15 to $25. Court cost changes recommended in this ordinance are designed to have the defendant's costs increase as the cost of handling the case increases. These court costs still will not fully recover the enforcement costs incurred by the city. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 6 to 0. (Gale absent) 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 and repealing the original of said section, introduced and under the rules laid over. BUILDING CONTRACTORS BUILDING CONTRACTOR LICENSE FEES. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-731. The City's Office of Central Inspection (OCI) is operated as a self-supporting special revenue fund. Revenues are received primarily from permit, inspection and license fees. Per City Council Resolution 95-950, which outlines an agreement between the Wichita Area Builders Association (WABA) and the City, OCI is to maintain a cash reserve equal to 3-4 months of annual budgeted expenditures. If the cash reserve falls below 3 months, fees are to be increased; if the reserve exceeds 4 months, fees are to be discounted. In the past year, building permit fees have been adjusted three times (as projected in last year's budget adoption), with a 10% premium currently being charged. As of July 31, 1997, the OCI cash reserve is at the 3-month level. In an effort to provide greater stability to the OCI fund's revenue base, the Wichita Area Builder's Association has endorsed the proposed increase in annual licensing fees. In the recently adopted 1998/1999 Budget, the City Council approved a building contractor license fee increase, effective September 1, 1997, which will increase annual OCI revenue by approximately $114,000. The annual contractor license renewal period runs from September 1 until December 31. Approval of the proposed code changes, as authorized in the recently-adopted 1998/1999 budget will increase annual revenue received in 1997, 1998 and 1999 by approximately $114,000 This fee increase is being requested in accordance with the recently-adopted 1998/1999 budget. With this license fee increase, it is anticipated that the current 10% premium being charged on building permits will be removed effective January 1, 1998. The Wichita Area Homebuilders' Association is in support of the ordinance. If construction increases, it may be necessary to re-examine the fee structure. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 6 to 0. (Gale absent) ORDINANCE An Ordinance amending Sections 18.12.050, 18.12.070, 18.12.080, 18.12.082, 18.12.092, 18.12.196, 18.12.100, 18.12.105, and 18.12.106 of the Code of the City of Wichita, Kansas, pertaining to building contractor annual license fees and repealing the originals of said sections, introduced and under the rules laid over. CURFEW ORDINANCE CURFEW ORDINANCE. Terri Moses Deputy Police Chief reviewed the Item. Agenda Report No. 97-732. Efforts by the police department to minimize the victimization and/or criminal activities of juveniles during curfew hours overwhelmed Municipal Court and the Law Department. Due to the overwhelming number of curfew citations issued, the processing and prosecution became nearly an impossible task. The effectiveness of the curfew citation diminished due to the lack of prosecution. In September 1996, the Juvenile Intake Assessment Center (JIAC) opened and the Department began transporting all juvenile "status neglect" cases, including curfew violators, to the facility. JAIC workers evaluate the risk factors of each juvenile and then releases him/her to a parent and/or guardian. JIAC tracks all juveniles who are processed at the facility, including curfew violators, making this information readily accessible to police. As the Ordinance currently stands, it has clearly been proven to be ineffective in achieving the intended goals. Through a collaborative effort between the Police and Law Departments, Municipal court, and JIAC, a plan of action was proposed to streamline the current method of handling curfew violators. The following recommendations were made: eliminate issuance of curfew citations, take into custody all curfew violators and transport to JIAC, officers determine the number of previous curfew violations, complete written warning of curfew violation, JIAC staff serve warning to parent(s)/guardian(s) when offender picked up. In repeat offender cases, officers will complete a Uniform Criminal Complaint (UCC)/Notice to Appear on each parent/guardian already served the written warning, and JIAC staff will serve the parent(s)/guardian(s) when the offender is picked up. This procedure will ensure offenders and their parent(s)/guardian(s) are being held accountable to the ordinance as it was intended. It will also reduce the burden on Municipal Court and the Law Department in processing first-time offenders. Implementing the changes will mean curfew citations will no longer be issued, reducing the over all number of citations written and the associated cost of the citations. Municipal Court personnel will no longer have to process citations, input curfew data, create and send (by certified mail) warning letters to parent(s)/guardian(s) of first-time offenders, thereby eliminating the salary cost involved and certified mail expense. Terri Moses Deputy Police Chief, responding to questions, said time would be reduced for both Municipal Court and Police Officers. It is intended that there be a transfer of work load to the Juvenile Intake Assessment Center (JIAC). The Ordinance is aimed at prevention, not just intervention. Council Member Rogers Council Member Rogers said the philosophy is prevention - pro-active. Many parents have no control over their children. This is another level of assistance that can be provided. Sergeant McMillan Sergeant McMillan said the ordinance would help free-up Police Officer time. Council Member Kamen left the Bench. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the Ordinances be placed on first reading. Motion carried -- carried 5 to 0. (Gale, Kamen; absent) ORDINANCE An Ordinance amending Sections 5.52.010 and 5.52.030 of the Code of the City of Wichita, Kansas, pertaining to curfews for minors and penalties for violation of the curfew ordinance, and repealing the originals of said sections, introduced and under the rules laid over. CHARTER ORDINANCE A Charter Ordinance amending Section 5 of Charter Ordinance No. 122 of the City of Wichita pertaining to the code of procedure for Municipal Courts and by the addition of supplemental provisions, introduced and under the rules laid over. EMERGENCY WRECKERS LICENSING OF EMERGENCY WRECKER SERVICES. Gary Rebenstorf Director of Law reviewed the Item. Council Member Kamen present. Agenda Report No. 97-733. The proposed amendment reflects changes in the emergency wrecker licensing ordinance that have been requested by several local wrecker services. The changes involve an increase in fees charged for certain services and a reduction in hours that the wrecker services must be open to the public, which are regulated by the current ordinance. The wrecker services seeking the amendment provided information regarding increased overhead costs as the reason for the request, noting that the cost of fuel, maintenance, repairs and wages had all increased significantly since the last amendment which increased fees for emergency wrecker services was passed in February of 1992. The proposed amendment has been reviewed and approved by both the police department and the law department. Currently, licensed emergency wrecking services are required to be open for the purpose of releasing vehicles between the hours of 7:00 a.m. and 12:00 midnight. The proposed amendment provides that licensed wrecker services need remain open to release vehicles only between the hours of 7:00 a.m. and 7:00 p.m. The proposed amendment also increases the maximum price for an emergency towing job within the city limits from $45.00 to $55.00 when a wrecker that is less than two and one-half tons is used. Mileage fees are also increased from $1.50 per mile to $2.00 per mile for the same size wrecker. The amendment further eliminates the extra charge of $10.00 currently allowed by the ordinance when a wheel lift truck is required to be used on a tow. Finally, an increase in storage fees is proposed, from $10.00 to $11.00 per day. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Council Member Lambke Council Member Lambke said he had no problem with reduced hours but there should be standard charges for all wrecker companies. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Vernon Just Vernon Just, Attorney representing several wrecker companies, said the ordinance deals only with those services provided for emergency service calls. There are no regulations to deal with other wreckers. Gary Rebenstorf City Attorney explained that for police calls for emergency wrecker service, a wrecker company gets on a list and goes through a license process. Council Member Ferris Council Member Ferris said he would like to do further research on this subject before making a decision. Vernon Just Vernon Just said the affected wrecker services must make their services available on a 24-hour/day basis and go through the bonding, license process. The charges are conservative when compared to other cities in this region. Motion -- carried Ferris moved that this Item be deferred one week. Motion carried 6 to 0. (Gale absent) CITY COUNCIL AGENDA BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999). Art Museum Board (7 appointments) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect) Board of Appeals of Plumbers and Gas Fitters (1 appointment - Public at large) Board of Code Standards and Appeals (2 appointments - City Manager - 1 Citizen at large, 1 Architect) Board of Electrical Appeals (1 appointment - Public at large) Board of Park Commissioners (1 appointment - Ferris) Civil Rights and Services Board (1 appointment - Lambke) Commission on the Status of People with Disabilities (1 appointment - Gale) Group Life Insurance Board (2 appointments) Historic Preservation Board (1 appointment - Kamen) Library Board (3 appointments - 2 Lambke, 1 Rogers) Police and Fire Retirement Board of Trustees (1 appointment - Lambke) Wichita Athletic Commission (3 appointments) Wichita Commission on the Status of Women (1 appointment - Gale) Wichita Employees' Retirement Board (3 appointments - Ferris, Lambke, Knight) Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (1 appointment - Youth) Wichita-Sedgwick County Board of Health (1 appointment - Veterinarian) Motion -- Lambke appointed Dr. Fredrick Hemans (Art Museum Board) and moved that the appointment be approved. Council Member Rogers Council Member Rogers explained that it was understood the Council was going to wait to fill all appointments when a full Council could be present. Because of the significance of the topic, the on-going difficulties and past discussions, not because of the person, he would not be able to vote in favor of the nomination. -- carried Motion carried 4 to 2. Rogers, Cole - No. (Gale absent) Motion -- Rogers appointed Kelly Pitts (Library), and Eduardo Andreo, Youth appointment, -- carried (ADAAB) and moved that the appointments be approved. Motion carried 6 to 0. (Gale absentl) Mayor Knight Mayor Knight said he had discussed the Police and Fire Retirement Board and Wichita Employees Retirement Board Membership with retired employees who have asked that there be actual representation on the Boards by retired individuals. Chris Cherches City Manager said he would check into the Board membership requirements and make- up and bring the information back to the Council. PROCLAMATIONS PROCLAMATIONS. -- America Goes Back to School: Get Involved! Month -- Assisted Living Week -- Republic of China Day -- Payroll Week -- Constitution Week Motion -- carried Knight moved that the proclamations be authorized. Motion carried 6 to 0. (Gale absent) CONSENT AGENDA Knight moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Gale absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED AUGUST 18, 1997. At 10:00 a.m., Friday, August 15, 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 August 18, 1997.) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS 1997 PARK BIKEWAY SYSTEM 472-82792 (785642) Kansas Paving - $45,192.00 (Engineer's Construction Est.) 1997-98 CDBG STREET IMPROVEMENTS (618595) McFadden Construction - $187,415.00 (Engineer's Construction Est.) WATER DISTRIBUTION SYSTEM (Lark 5th Addition) 448-89166 (733923) H.D. Mills and Sons - $17,926.00* And WATER DISTRIBUTION SYSTEM (Lark Fifth Addition) 448-89167 (733964) H.D. Mills and Sons - $22,637.50* TOTAL AGGREGATE BID - $40,563.50* 21ST STREET ACCEL/DECEL LANE (Bradley Fair Third Addition) 472-82848 (764399) Ritchie Paving - $193,808.00 WATER DISTRIBUTION SYSTEM (Rocky Creek Addition) 448- 89095 (733626) WBW Contractors - $48,247.00 21ST STREET ACCEL/DECEL & LEFT TURN LANES (Lark Fifth Addition) 472-82580/82581/82728/82806 (764001/763995/763698/764225) Cornejo and Sons - $211,299.55 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 6 to 0. (Gale absent) DEPARTMENT OF PUBLIC WORKS/FLEET & BUILDINGS: REPLACEMENT OF SOUND SYSTEM 791293-2505 McClelland Sound, Inc. - $19,872.00 Option 1 Total Net Bid - $28,965.00 DEPARTMENT OF PARK/CENTURY II:SMALL WARES AND SERVING SUPPLIES 791699 Group I - Rosemont Purchasing $36,812.40 Group II - Lady Baltimore Foods Inc. $ 9,646.16 Group III- Lady Baltimore Foods, Inc. $20,498.40 Group IV - Lady Baltimore Foods, Inc. $11,026.20 Group V - Lady Baltimore Foods, Inc. $18,753.60 Group VI - Rosemont Purchasing $42,656.90 DEPARTMENT OF PUBLIC WORKS/ENGINEERING: STEEL SIGNAL SUPPORT EQUIPMENT 710186 Group I - Mid American Signal, Inc. - $ 3,698.00 (Total Net Bid) Group II - Mid American Signal, Inc. - $30,394.00 (Total Net Bid) GroupIII- Traffic Parts, Inc. - $ 2,164.00 (Total Net Bid) Group IV- Mid American Signal, Inc. $ 1,056.00 (Total Net Bid) Group V - Mid American Signal, Inc. $ 125.00 (Total Net Bid) Group VI- Traffic Parts, Inc. $ 2,904.00 (Total Net Bid) GENERAL GOVERNMENT/OFFICE OF CENTRAL INSPECTION: BOARD-UP MATERIALS (206334) Total Item 1 - Star Lumber Co., Inc. - $9,984.00 Total Item 2 - Star Lumber Co., Inc. - $1,380.00 Total Item 3 - Star Lumber Co., Inc. - $ 600.00 Total Item 4 - Star Lumber Co., Inc. - $ 288.00 DEPARTMENT OF WATER AND SEWER/CUSTOMER SERVICES: HAND HELD METER READING UNIT (180257) Mountain States Pipe & Supply Co., - $12,180.00 (Total Net Bid) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 6 to 0. (Gale absent) ADULT ENTERTAINMENT APPLICATION FOR LICENSE FOR ADULT ENTERTAINMENT - ESCORT SERVICE. Renewal Norman Massey Jr. Zigefields 4200 West Kellogg Motion -- Knight moved that the license be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Gale absent) Applications for Licenses to Retail Cereal Malt Beverages. Special Event Thai Binh Market August 30, 19971514 West 21st Street Renewal 1997 (Consumption on Premises) Kevin Rave Taco Tico Restaurant*1645 East MacArthur Kevin Rave Taco Tico Restaurant*8001 East Central Kevin Rave Taco Tico Restaurant*3131 North Rock Road Kevin Rave Taco Tico Restaurant*603 East 47th South Kevin Rave Taco Tico Restaurant*1230 South Rock Road (Consumption off Premises) John J. Leeker Farmers Market, Inc.2901 North Broadway New Establishment 1997 (Consumption off Premises) John G. Wylie Hello Convenience Store801 South Oliver *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 6 to 0. (Gale absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. The items on the Agenda were pulled. SUB. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. a. Lateral 267, Main 5, Sanitary Sewer #22 to serve Eck Fourth Addition (south of 13th, west of West St). (468-82665/743237/480414) Does not affect existing traffic. (Council approval date 8-5-97) (District V) b. Lark Lane to serve Lark Second Addition (from the south line of Lark 2nd Addition to the Atchison, Topeka, Santa Fe Railroad). (472-82569/763839/490486) Traffic to be maintained through construction. (Council approval date 3-7-95) (District V) c. Lark Lane Courts to serve Lark Fifth Addition (west of Lark, south of Kellogg). (472-82849/764407/490543) Does not affect existing traffic. (Council approval date 7-8-97) (District V) 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., August 29, 1997. Motion carried 6 to 0. (Gale absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1997 Contract Maintenance Arterial Mill and Overlay, Phase II at various locations. (132282/112-000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District All) - $475,000.00 b. Water Distribution System to serve Willowbend North Addition (west of Rock, south of 45th Street North). (448-89145/733873/470-465) Traffic to be maintained through construction. (Council approval date 6-10-97) (District II) - $123,630.00 c. Water Distribution System to serve Willowbend North Addition (west of Rock, south of 45th Street North). (448-89146/733881/470-466) Does not affect existing traffic. (Council approval date 6-10-97) (District II) - $108,800.00 d. Water Distribution System to serve Bradley Fair Third Addition (south of 21st, east of Rock). (448-89162/733949/470-472) Does not affect existing traffic. (Council approval date 7-1-97) - $86,250.00 e. Lateral 268, Main 5, Sanitary Sewer #22 to serve Avery Addition (north of Murdock, west of Hoover). (468-82690/743054/480-397) Does not affect existing traffic. (Council approval date 3-25-97) (District V) - $21,800.00 f. (AMENDED) Lift Station and Force Main for Lateral 136, War Industries Sewer to serve Greenwich Business Park, Manhattan Lakes, Regency Lakes, Regency Lakes 2nd, and Kensington Parks (north of 21st Street North, west of Greenwich) (468-82694/743112/480-403) Does not affect existing traffic. (Council approval date 3-25-97) (District II) - $212,930.00 g. Lateral 6, Cowskin Interceptor Sewer to serve Maple Dunes Addition (north of Maple, east of 135th Street West). (468- 82714/743203/480-409) Does not affect existing traffic. (Council approval date 7- 1-97) (District V) - $190,000.00 h. Storm Water Sewer 484 to serve Bridgefield Addition (south of Central, east of 127th Street East). (468-82711/750992/485-135) Does not affect existing traffic. (Council approval date 5-13-97) (District II) - $311,000.00 i. Covington and Shefford to serve Pawnee Mesa Addition (north of Pawnee, west of Lark). (472-82820/764324/490-535) Does not affect existing traffic. (Council approval date 4-22-97) (District V) - $250,000.00 j. Sanitary Sewer Rehabilitation west of Broadway from Lincoln to Gilbert (west of Broadway, north of Lincoln). (468-82756/621789/533- 289) Does not affect existing traffic. (Council approval date 1-7-97) - $38,586.00 k. Sanitary Sewer Rehabilitation west of Lorraine between 15th Street North & 16th Street North (west of Hillside, north of 13th). (468-82757/621797/533-290) Traffic to be maintained through construction. (Council approval date 1-7-97) (District I) - $30,745.35 l. 16" Water Main in Clifton from north Kellogg Frontage Road to Waterman (north of Kellogg, east of Hillside). (448- 89137/635375/544-637) Traffic to be maintained during construction. (Council approval date 1-14-97) (District II) - $121,636.00 m. 1997-1998 CDBG Sidewalk Improvements at various locations. (618587/805-004) Traffic to be maintained through construction. (Council approval date 7-1-97) (District All) - $200,000.00 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Gale absent) WORLD IMPACT ADDITION PETITION FOR WATER DISTRIBUTION SYSTEM TO SERVE LOTS 1 AND 2, BLOCK 1, WORLD IMPACT ADDITION (SOUTH OF 13TH, EAST OF HILLSIDE). (District I) Agenda Report No. 97-734. The project provides improved water service to a multi- family residential development. The project budget is $45,000. The funding source is Special Assessments. State Statutes provide that the Petition is valid if signed by a majority of property owners or by owners of a majority of the property in the improvement district. Motion -- Knight moved that the Petition(s) be approved and the Resolution(s) be adopted. -- carried Motion carried 6 to 0. (Gale absent) RESOLUTION NO. R-97-308 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88963 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Gale absent) Yeas: Cole, Ferris, Kamen, Lambke, Rogers, Knight. VANVIEW ADDITION PETITION FOR WATER DISTRIBUTION SYSTEM TO SERVE PART OF VANVIEW ADDITION (NORTH OF 53RD STREET NORTH, EAST OF MERIDIAN). (District VI) Agenda Report No. 97-735. The water line will serve a single-family home. The estimated project cost is $3,000. Funding source is Special Assessments. State Statutes provide that a Petition is valid if signed by a majority of property owners or by owners of the majority of the property in the improvement district. Motion -- Knight moved that the Petition(s) be approved and the Resolution(s) be adopted. -- carried Motion carried 6 to 0. (Gale absent) RESOLUTION NO. R-97-309 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89188 (north of 53rd Street North, east of Meridian) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Gale absent) Yeas: Cole, Ferris, Kamen, Lambke, Rogers, Knight. BOARD MINUTES MINUTES OF ADVISORY BOARDS. CPO Northwest Council 5, 7/30/97 Metropolitan Area Planning Commission, 6/26/97 Public Art Advisory Board, 7/10/97 Wichita Airport Authority, 7/7/97 Wichita/Sedgwick County Alcohol & Drug Abuse Advisory Board, 7/10/97 Wichita/Sedgwick County Board of Health, 7/15/97 Wichita/Sedgwick County Emergency Communications Board, 7/17/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Gale absent) STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures considered. RAILROAD SIGNALS AGREEMENT FOR INSTALLATION OF RAILROAD SIGNALS. (District VI) Agenda Report No. 97-736. Relocation of McLean Boulevard has required a new railroad crossing of the Union Pacific Railroad tracks approximately 300 feet west of the previous location. The agreement authorizes the installation of cantilever signals and gates at the new crossing. The estimated cost for the system is $199,601 to be paid with Federal Safety Funds with no cost to the City. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Gale absent) ROCKY CREEK AGREEMENTS FOR DESIGN SERVICES FOR ROCKY CREEK AND GREENWICH BUSINESS PARK ADDITIONS. (District II) Agenda Report No. 97-737. The City Council approved Rocky Creek and Greenwich Business Park Additions plats on March 4, 1997, and March 25, 1997, respectively. The proposed Agreements between the City and Mid-Kansas Engineering Consultants, Inc. (MKEC) provide for the design of Water Distribution Systems Nos. 448-89120, 448-89121 and 448-89163 in Rocky Creek Addition (north of 13th, east of 127th Street East); and Water Distribution Systems No. 448-89130 and 448-89133 in Greenwich Business Park Addition (north of 21st Street North, west of Greenwich Road). Since MKEC provided subdivision engineering services for these additions, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $15,130 for Rocky Creek Addition, and $11,075 for Greenwich Business Park Addition. The funding source is Special Assessments. Motion -- Knight moved that the Agreements be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Gale absent) RECYCLING DROP-OFFS RECYCLING DROP-OFF SITES. Agenda Report No. 97-738. The City Council has previously approved contracting for the operation of the existing recycling drop-off program. At Request for Proposals was sent to local solid waste haulers and two responses were received. Proposals were received from Waste Management of Wichita and from BFI Waste Systems. The proposals were reviewed by the Natural Resources Director and the Purchasing Manager. Both proposals were deemed to be responsive to the RFP. The Waste management of Wichita proposal was for $18,000 per month. The BFI Waste Systems proposal was for $9,500 per month. It is on the basis of this price information and the responsiveness of the BFI proposal that the recommendation is made to enter into a contract with BFI Waste Systems for this work. The cost of the BFI proposal for the balance of the year will be $38,000. This program is included in the 1997 revised Landfill Budget. The amount proposed by BFI is up from the amount the service was being provided to Sedgwick County for ($7,500 per month) by 27%. In an interview with a local BFI manager, the reasons given for this increase include; profit margin; requirement that the containers be maintained in good appearance; cost of additional decals required by the City; and cost of providing collection data required by the City. Motion -- Knight moved that the selection of BFI Waste Systems for recycling drop-off serves be approved and the Purchasing Manager be authorized to sign the contract. -- carried Motion carried 6 to 0. (Gale absent) CHANGE ORDER CHANGE ORDER: UTILITY PAVEMENT CUT PROGRAM. (All Districts) Agenda Report No. 97-739. The Utility Cut Program provides for permanent repair of cuts made to street rights-of-way by utility companies and others who repair underground lines. Permanent repairs of streets are made by the City's contractor and the City pays the contractor for the work. The City is reimbursed by the utility company. Utility relocation in connection with the Kellogg/Oliver underpass and several large waterline breaks have increased expenditures in the pavement cut program in 1997. It is anticipated that current funding levels in the amount of $1 million will be exhausted by mid-September. Cornejo and Sons, Inc., who was awarded the contract for 1997, agrees to extend the contract to provide continuity of the program throughout the year. The Revised 1997 Budget provides an additional $500,000 to the budgeted $1 million to avert a shortfall of funds for the Utility Pavement Cut Program. Motion -- Knight moved that the Change Order and the transfer of funds be approved, and the -- carried Mayor be authorized to sign. Motion carried 6 to 0. (Gale absent) CONDEMNATIONS REPAIR OF REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 97-740. On August 4, 1997, the board of Codes Standards and Appeals held a hearing on the following properties. The properties are considered dangerous and unsafe structures, and are being presented to schedule a condemnation hearing before the Governing Body. Compliance has not been achieved from improvement notices issued. Pre-condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove the following properties: 1234 North Emporia (District VI) 1350 North Fairmount (District I) Motion -- Knight moved that the resolutions to place this matter on the agenda for a Hearing before the Governing body on October 7, 1997 at 10:00 a.m. be adopted. -- carried Motion carried 6 to 0. (Gale absent) RESOLUTION NO. R-97-303 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: the north half of Lot 276, all of Lot 278, Emporia Avenue, Ferrell's Second Addition to Wichita, Sedgwick County, Kansas, known as 1234 North Emporia, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Gale absent) Yeas: Cole, Ferris, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-304 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 36-38-40 Fairmount Avenue, Fairmount Place Addition to Wichita, Sedgwick County, Kansas, known as 1350 North Fairmount, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Gale absent) Yeas: Cole, Ferris, Kamen, Lambke, Rogers, Knight. ORDINANCES SECOND READING ORDINANCE. (First Reading August 12, 1997) Annexation - A 97-20 (East of Webb Road, North of Harry). (District II) ORDINANCE NO. 43-557 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. A 97-20, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Gale absent) Yeas: Cole, Ferris, Kamen, Lambke, Rogers, Knight. FIRST READING ORDINANCE. Special Assessment - Sidewalks. Motion -- Knight moved that the following Ordinance be placed on first reading. Motion -- carried carried 6 to 0. (Gale absent) ORDINANCE An Ordinance making a special assessment to pay for the improvement of and providing a tax levy for the cost of construction of sidewalks in the City of Wichita, Kansas, introduced and under the rules laid over. PLANNING AGENDA A 97-1 A 97-1 - RESOLUTION TO ESTABLISH PUBLIC HEARING FOR THE ANNEXATION OF CERTAIN ELIGIBLE PROPERTIES GENERALLY LOCATED EAST OF GREENWICH, SOUTH OF CENTRAL, WEST OF 127TH STREET EAST AND NORTH OF DOUGLAS. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-741. The annexation involves platted lands located within an area bounded by Greenwich, Central, 127th East, and Douglas. Subdivisions involved include Brown and Cummin Addition, Gott Addition, Gilder's Gardens Addition, Gilder's Replat, and White's Garden. The Resolution expresses the City's interest in annexing the eligible properties and establishes a public hearing date on October 21, 1997, at 7:00 p.m. in the Fellowship Hall of the New Life Christian Church, 11441 East Central, Wichita, Kansas. Over the past decade, a number of residents and property owners in the area have agreed to annexation in return for water service. There are 139 petitions for water/annexation that have been submitted to the City over the years, 42 of which were officially recorded. This is out of a total 174 separate parcels of land. Water service for those not served and others outside the annexation area boundaries is currently available along Central through a 20" water supply line and along Greenwich with a 16" water line. Copies of the resolution will be mailed, by certified mail, to all owners of the property proposed to be annexed within 10 days of the adoption of the resolution. In addition, the resolution will be published in the official City newspaper not less than one week nor more than two weeks prior to the public hearing date. The plan for the extension of municipal services to the proposed annexation is on file for public inspection in the City Clerk's Office. Motion -- Kamen moved that the Resolution setting the public hearing for October 21, 1997, 7 p.m., in Fellowship Hall, New Life Christian Church, 11441 East Central, be -- carried adopted. Motion carried 6 to 0. (Gale absent) RESOLUTION NO. R-97-310 A Resolution declaring an interest in, and establishing a public hearing date for, considering the annexation of certain lands to the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Gale absent) Yeas: Cole, Ferris, Kamen, Lambke, Rogers, Knight. DR 97-6 DR 97-6 - PROPOSED AMENDMENTS TO THE UNIFIED ZONING CODE; AND PROPOSED AMENDMENTS (Item No. 28) TO THE WICHITA-SEDGWICK COUNTY SUBDIVISION REGULATIONS. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-742. On March 19, 1997, the Board of County Commissioners voted to direct the Metropolitan Area Planning Commission to hold public hearings and make recommendation on two issues: a) whether to require new zoning hearings and approvals to place manufactured homes in all of the unincorporated portion of Sedgwick County that do NOT meet the Residential Design standards; and, b) whether to require development of tracts less than 20 acres in size to conform to the Subdivision Regulations and platting review process. The County Commission s action was in response to concerns that were expressed by several speakers at the meeting the previous month indicating concerns with the inadequacy of the existing development regulations in much of the rural parts of the County. One property owner discussed the potential of mobile and manufactured homes to depreciate the value of surrounding properties, and suggested that the County require zoning approval to places these homes in the future. The City Administrator of Cheney expressed the need for more control of manufactured home developments and for large-lot developments to be subjected to and required to meet the subdivision requirements. A current rural- land developer requested that any changes in regulations not penalize projects that are already in progress. Planning staff invited small city officials to a series of informal meetings in April, 1997, at 4 different locations in the county to discuss these issues; and also met separately with representatives of the local manufactured housing industry and local builders association prior to the MAPC public hearings. Staff prepared a set of proposed amendments to the Unified Zoning Code and the Subdivision Regulations in advance of a special MAPC public hearing on the evening of May 15, 1997. These amendments addressed the issues identified earlier, as well as the proposed amendments regarding commercial communication towers. (NOTE: The towers amendments were approved July 9, 1997.) The MAPC held the public hearing on May 15, and continued the hearing to a special meeting on June 5, 1997. Following further testimony from interested parties on June 5, the MAPC closed the public hearing and continued the matter to June 19, 1997. On June 19, the MAPC discussed at length the proposed amendments and the testimony given and voted to recommend the amendments proposed by staff with some minor changes. Although the MAPC acted on the proposed changes to the Unified Zoning Code and the Subdivision Regulations, they deferred action on the request of several small cities for expansion of extraterritorial subdivision jurisdiction and the establishment of new extraterritorial zoning jurisdiction. The MAPC has scheduled an additional special meeting on July 31, 1997, to discuss these issues in a more detailed manner. The proposed amendments to the Unified Zoning Code would: 1. Prohibit the placement of mobile homes (i.e. pre- HUD Code homes) anywhere. 2. Eliminate the manufactured/mobile home regulations map , and allow new placement of non-Residential Design manufactured homes in all the unincorporated portion of Sedgwick County (i.e. single-wide units and double-wide units not on a permanent foundation) only on property in the MH Manufactured Home District, unless the property is at least 20 acres in size. This provision would be effective immediately upon passage and publication of the County resolution. 3. Modify the exemptions for manufactured homes, including new provisions for allowing MH zoning on an individual lot in the unincorporated area for the placement of an individual unit (currently allowed only with a Conditional Use permit), and for allowing temporary installations of units. 4. Revise definitions relating to these changes. In recommending these amendments to the Unified Zoning Code, the MAPC is endorsing the comments from small city officials, individual property owners and other interested persons who feel more controls are needed to deal with manufactured housing in rural areas, particularly in light of the accelerated pace of development in these areas in recent years. Manufactured housing can disrupt the visual character of rural and suburban properties, deter traditional growth patterns, and place sudden impacts on schools and other public services. As a general rule, this type of housing should be reserved for specially designed parks and subdivisions, particularly where public services are available and the development is buffered from more traditional development. Establishing a new zoning approval requirement does not prevent a property owner from seeking to develop his property with manufactured housing, but it does provide notice and an opportunity to comment for neighbors. It is recognized that, in some cases, this may restrict housing choices that are available in the rural areas today. Several other miscellaneous changes to the Unified Zoning Code are included in the proposed amendments. These are: 1. Add language to the purpose statement of the Zoning Code regarding notice on proposed zoning changes and information on future development. 2. Add a paragraph in the Agricultural Exemption section notifying the public about the nature of agricultural activities. 3. Add a new section on vested rights for residential lots. 4. Allow the Zoning Administrator to determine if rural home occupations not specifically listed in the Code are similar to listed uses and should be permitted, rather that requiring the Board of Zoning Appeals to make this determination. The proposed amendments to the Subdivision Regulations would: 1. Eliminate the exemptions map and require platting for all newly created lots of less than 20 acres in size throughout all the unincorporated area of the County. 2. Add a new vested rights section which provides a 5-year window in which lots or tracts which were already created/recorded will continue to the honored as buildable lots without platting; but after the 5 years, anyone dividing property and creating lots less than 20 acres in size, including persons owning contiguous lots under this provision, must plat the property. 3. Add a new provision in the exemption section to allow existing tracts to be rebuilt without platting provided there is not an expansion beyond that currently permitted. 4. Clarify that for the purpose of these regulations, 20 acres includes incidental road easements and/or rights-of-way. 5. Revise and clarify the Intent and Purpose and the Administration and Enforcement sections of the regulations. In recommending the termination of the 5-acre exemption, a majority of the MAPC is supporting the position that serious problems have resulted for the purchasers of lots in some developments that were exempt from the present Subdivision Regulations, did not go through the formal platting process, and was not reviewed by the public agencies which may need to provide services to the newly created lots. Compliance with subdivision rules may add slightly to the cost of lots in rural areas, but they: - prevent the land-locking of interior tracts in separate ownership; - prevent the stripping of lots along section-line roads, which affects traffic safety and capacity along those roads; - assures construction of new roads to an all-weather standards of sufficient width for emergency vehicle access; - ensures that easements are provided as necessary for the future expansion of utilities; - ensures that drainage impacts can be reviewed on the entire property rather than on a lot-by- lot basis; - allows for the review of the adequacy of on-site water to support the proposed lots; - ensures that lots are designed and configured to allow for the placement of the home and the proposed on-site water and wastewater systems which meet the setback requirements of the Sanitation Code; and, - provide simple legal descriptions for lots and blocks. The Subdivision review process provides for an integrated review by an appointed body, along with the staff and agencies who deal with development issues. This results in a better product for the future lot owners and the neighboring property owners. However, the Subdivision review process is not one that is driven by neighbors support or opposition for the development, but by written regulations. In fact, the MAPC specifically discussed and rejected the idea of notifying neighbors on subdivision applications. This is an amendment to both the Unified Zoning Code and the Wichita- Sedgwick County Subdivision Regulations and will affect properties both inside the city limits and in the unincorporated area of Sedgwick County. Both the City Council and the Sedgwick County Commission will need to approve the amendments in order for them to be in full effect. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. (The Council recessed to Executive Session and then returned to this Item.) Motion -- Ferris moved that the public hearing be closed; the amendments to the Unified Zoning Code and the Wichita-Sedgwick County Subdivision Regulations as recommended by the Metropolitan Area Planning Commission be approved; and the -- carried Ordinances be placed on first reading. Motion carried 6 to 0. (Gale absent) ORDINANCE An Ordinance amending Section 28.04.010 of the Code of the City of Wichita and adopting by reference the "Wichita-Sedgwick County Unified Zoning Code, June 19, 1997 Edition," prepared by the Metropolitan Area Planning Commission; and repealing Ordinance No. 43-386 as codified in Section 28.04.010 which adopted the February 13, 1997 Edition of the Unified Zoning Code; and repealing Ordinance No. 43-530 which adopted amendments to the Commercial Communication Tower provisions of the February 13, 1997 Edition of the Unified Zoning Code, introduced and under the rules laid over. ORDINANCE An Ordinance providing amendments to Section 1-101; Section 2-101; Section 3-101; Section 3-102; Section 3-103; Section 3-104; Section 3-105; Section 3-201; Section 3-202; Section 3-203; Section 3-204; Section 3-205; Section 3-206; Section 3-207; Section 3-401; Section 3-402; Section 4-601 and Section 4-602; adding new Section 3-106 and new Section 3-203; renumbering affected sections accordingly; all in the Wichita-Sedgwick County Subdivision Regulations adopted on February 20, 1968, and effective on July 1, 1968, and amendments thereto, introduced and under the rules laid over. 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, potential litigation, AND legal advice, and the regular meeting be resumed at 11:35 a.m. in the City Council -- carried Chambers. Motion carried 6 to 0. (Gale absent) RECESS Council recessed at 11:07 a.m. and reconvened in regular session at 11:42 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. (The Council returned to Item 28 and action is shown with the Item.) OFF AGENDA ITEM LANDFILL PRESENTATION LANDFILL PRESENTATION. Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 6 to 0. (Gale absent) Motion -- Knight moved that the City Council instruct the City Manager to try to schedule a meeting between the Solid Waste Management Committee and Council Members Ferris and Kamen so the Solid Waste Management Committee can have the benefit of a presentation by Council Members Ferris and Kamen, in detail, of the Plan the City -- carried Council endorsed. Motion carried 6 to 0. (Gale absent) Motion -- Knight moved that the City Council recess to the workshop with the School Board and the Superintendent of Schools for USD 259; and return to regular session for the Public Hearing on Annexation Case A 97-16 at 7 p.m., at the Riverlawn -- carried Christian Church, 4243 North Meridian. Motion carried 6 to 0. (Gale absent) RECESS The City Council recessed at 11:47 a.m. and returned to regular session at the Riverlawn Christian Church, 4243 North Meridian, at 7:00 p.m. Mayor Knight, Council Members Cole, Ferris, Kamen; present. Council Members Gale, Lambke, Rogers; absent. A 97-16 PUBLIC HEARING: A 97-16 - REQUEST TO ANNEX ELIGIBLE PROPERTIES GENERALLY LOCATED EAST OF MERIDIAN AND THE LITTLE ARKANSAS RIVER, SOUTH OF 69TH STREET NORTH, WEST OF THE LITTLE ARKANSAS RIVER, AND NORTH OF 57TH STREET NORTH. (District I) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-743. On June 17, 1997, the Wichita City Council adopted a resolution which established August 19, 1997, at 7:00 p.m. at Riverlawn Christian Church, 4243 North Meridian, Wichita, Kansas, as the time and place for a public hearing on the question of annexing certain eligible properties into the City of Wichita. The 175 properties being considered for annexation encompass 176 acres of land within which there are platted parcels of land. The property is generally located east of Meridian and the Little Arkansas River, south of 69th Street North, west of the Little Arkansas River, and north of 57th Street North. In accordance with State law, a Service Extension Plan has been prepared for the properties in question, indicating the means by which City services will be extended to the area proposed to be annexed. As required by State Law, a plan for extending municipal services to the proposed annexation area has been prepared and placed on file for public inspection in the Office of the City Clerk. Copies of the resolution establishing the public hearing, together with a map showing the properties affected and a notice of the public hearing, have been sent by certified mail to all property owners of record in the proposed annexation area and to other established governmental entities and utility services. Copies of the resolution and map have also been published in the official City newspaper as further notification of the scheduled public hearing. The Metropolitan Area Planning Commission reviewed the proposal in accordance with State law on July 31, 1997, and they found (unanimously) that the proposed annexation is compatible with the adopted elements of the Comprehensive Plan for the metropolitan area. In conducting the public hearing, State law requires the City's plans for extending major municipal services be presented and that all persons interested in the annexation be heard. After hearing all comments of persons interested, the City Council has the option of continuing or closing the public hearing, and approving or rejecting the annexation proposal. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Martin Davis Martin Davis, 2400 Rio Vista, said the City tax revenues increase a small amount but the County loses revenue. All the City really gets is 304 additional votes. Mr. Davis inquired why the City would want to annex an area so small. Mayor Knight Mayor Knight said those cities which advance and succeed have coherence in growth. Revenue is not the only factor. Those cities that remain healthy and vital, when their growth reaches city borders, annex properties abutting. Citizens in the annexed areas derive benefit from Wichita. Council Member Ferris Council Member Ferris said people came to Wichita for water service and it only makes sense to annex that area. Martin Davis Martin Davis stated that only water is being provided. There is no sewer service. Curb and gutter will cost the citizens. County fire service is already provided and is closer than the City fire service. There will be no police added. Mr. Davis suggested the annexation be postponed until other services can be provided. Florida Bishop Florida Bishop inquired about a flood control assessment, adopting animals from the animal shelter, garage sale permits, and CPO or neighborhood participation. Steve Lackey Director of Public Works explained that Ms. Bishop was talking about the Storm Water Utility Fee which is charged for maintenance of various storm sewer system channels within the City of Wichita. There is a fee of $1.21/month which is charged and is billed every three or six months to persons who are not connected to the sewer system and do not have regular sewer bills. Jack Brown Acting Health Director said it is the City's policy to require that adoptive pet families have fenced yards. Kurt Schroeder Superintendent of Central Inspection stated that under garage sale regulations, garage sales are allowed two times per year per residence and the license fee is one dollar. Council Member Cole Council Member Cole explained that Rio Vista would be in CPO District 6.3 and Dorothea Sloan is the current 6.3 District representative. Mike Rayl Mike Rayl said he had been through several failed petition attempts to get water in the area. The County told the area to go to the City for water. The City of Wichita has been very responsive and has done everything requested. Ms. Rayl also stated that Valley Center had already sent annexation notices to some areas close to Rio Vista and had indicated an intent to next annex Rio Vista. Wichita was chosen by residents of Rio Vista because of the water. Motion -- Knight moved that the public hearing be closed; the annexation proposal be approved; and the annexation Ordinance be placed on first reading. Motion -- carried carried 4 to 0. (Gale, Lambke, Rogers; absent) ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A 97-16 ADJOURNMENT The City Council meeting adjourned at 7:43 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 164 AUGUST 19, 1997 Page 1