MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, September 23, 1997 Tuesday, 9:00 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Ferris, Rogers; present. *Council Members Gale, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. *Council Member Gale present. The invocation was given by Rosella Taylor, Baha'i. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of September 16, 1997, were -- approved approved 6 to 0. (Kamen absent) AWARDS AND PRESENTATIONS *Council Member Kamen present. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. VISITOR RECOGNITION Visitors from Moldova were welcomed and given Certificates recognizing them as honorary citizens of the City of Wichita. UNFINISHED BUSINESS Council Member Ferris left the Bench. Z-3233 Z-3233 - ZONE CHANGE FROM "SF-6" SINGLE FAMILY RESIDENTIAL TO "MH" MANUFACTURED HOUSING GENERALLY LOCATED NORTH OF 55TH STREET, 1/2 MILE WEST OF SENECA. Continued from September 9, 1997. The Attorney for the applicant requested a four-week deferral. Motion -- carried Gale moved that this Item be deferred four weeks. Motion carried 6 to 0. (Ferris absent) NEW BUSINESS Council Member Ferris present. SOLID WASTE COLLECTORS ORDINANCE ON LICENSING AND CONTRACTING FOR SOLID WASTE COLLECTORS. Gary Rebenstorf Director of Law reviewed the Item and stated that there is a typographical error in the ordinance which will be corrected before second reading. Agenda Report No. 97-820. The City currently requires the licensing of only the "vehicles" of solid waste collectors, but not the collectors or their businesses. The City has the authority to provide for the collection and disposal of solid waste by contract or as a municipal function. The City also has the authority to license or regulate solid waste collectors in the City. Proposed Chapter 3.51 of the City Code establishes the licensing of solid waste collectors as defined in the ordinance. As part of the licensing process, the collectors will also enter into contracts with the City. The City remains committed to allowing citizens the freedom of choice in the selection of their own collectors and to allowing collectors the opportunity for free enterprise. The license is granted for "solid waste collectors." (The terms are specifically defined for this ordinance and different than the conflicting definitions contained in other ordinance and state law provisions.) A "solid waste collector" ("collector") is any person who: 1) engages in the business of collecting solid waste in the City, or 2) engages in the business of disposing of solid waste at any permitted site in the City. This definition includes persons collecting or disposing of waste in the City. This definition excludes persons (e.g., private citizens, businesses, governmental entities) who dispose of their own solid waste and are not collecting or disposing "for hire." (Excluded persons may still be required to have a solid waste vehicle license under current laws.) Licenses are processed by the City Public Works Department. An annual license will be issued upon submission of the license application, execution of a contract, and payment of the license fee. The license is to be renewed annually by May 1st, but the first renewal will not be required until May 1, 1999. (The renewal date coincides with the renewal of solid waste collectors' vehicles.) New businesses may get a license at any time. There will be no limitation on the number of licenses to be granted. Collectors will be allowed to assign their licenses. Due process appeal procedures are included in the event a license is denied. The contract gives the collector the right to collect and dispose of solid waste in the City and makes the collector subject to present and future City regulations that pertain to the methods of collection and disposal. The contractual arrangement between the City and the collector is appropriate as most collectors use the City-owned Brooks landfill and it is the City that will make future determinations of the appropriate disposal methods in the landfill. The term of the contract is not-to-exceed 10 years, subject to the collector maintaining a current license. The contract may be canceled by the collector at any time, provided it has made arrangements for any continued service that is currently required by the solid waste vehicle ordinance. The City may cancel the contract in the event of changes in law or circumstances that materially affect the position or financial obligations of the City. The proposed license fee is $25 per year per collector (not vehicle). The revenues and expenditures from this program will be incorporated in the Landfill Fund. The license fees are intended to off-set administrative expenses of the program. Under K.S.A. 12-2101 et seq. and its Home Rule authority, the City has the ability to license and regulate waste collection and disposal services. The City may also enter into contracts not to exceed ten years for the collection and disposal of waste. Council Member Ferris Council Member Ferris said this is an effort to ensure the City of wichita is included in dialogue and implementation of anything taking place within the City. The citizens of Wichita have a right to be included and informed. Gary Rebenstorf Director of Law explained that this does not affect the licensing of trucks; rather, this is in additional to the licensing. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Tim Lower Tim Lower, Waste Management, said there is no need for the ordinance which deals with collecting licenses. There are references throughout to disposal and to ordinances pertaining to solid waste collection. There is no clear goal or desired outcome and it is recommended that there be further investigation into the constitutionality of the ordinance. Motion -- Ferris moved that the Ordinance be placed on first reading with the second reading being placed on the October 7, 1997, City Manager's Agenda; that Council Members Kamen, Ferris, Legal Staff, the Director of Public Works, and the Natural Resources Director be available for a meeting with interested parties in the City Attorney's Conference Room on Thursday, September 25, 1997, at 2:00 p.m.; and that the Public Works Department contact licensed haulers with regard to the meeting. Council Member Lambke Council Member Lambke spoke in opposition to the ordinance and said there is no urgency to adopt this kind of ordinance. -- carried Motion carried 6 to 1. Lambke - No. ORDINANCE An Ordinance pertaining to solid waste collection and disposal and creating Chapter 3.51 of the code of the City of Wichita, Kansas, introduced and under the rules laid over. KINGSBURY TRACT RESOLUTION DESIGNATING OF FORMER KINGSBURY TRACT FOR PARK PURPOSES. Council Member Ferris Council Member Ferris reviewed the Item. Agenda Report No. 97-821. The City of Wichita purchased fee title to 460 acres of property adjacent to Brooks Landfill following Council action on June 16, 1987, authorizing the acquisition and annexation of the land. This property, known as the former Kingsbury Tract, was acquired for potential use as: 1) off-site borrow area; 2) potential landfill expansion/resource recovery area; or 3) open space/park usage. It has not been developed for landfill or park uses. On September 9, 1997, the City Council reaffirmed its earlier decision not to expand the Brooks Landfill onto the Kingsbury Tract and determined that the property was not suitable for the development of a solid waste landfill. By this resolution, the Council will determine the future use of the former Kingsbury Tract. The designation of the property for permanent use for "park purposes" is consistent with the options for potential use that justified the original purchase. The City Council has the authority to acquire, hold, or designate land for park and recreation purposes. The land will continue to be owned by the City and remain in the name of the City. Under Charter Ordinance No. 125, once land is permanently designated for "park purposes," however, it may not be converted to other uses or permanently altered without the consent of the Board of Park Commissioners. The resolution requests the Board of Park Commissioners to include recommendations for the development or use of the land in future park and recreation plans, consistent with the Board's current authority. The designation has no financial impact, but some costs of maintenance and operation will be required. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the land adjacent to Brooks Landfill and known as the Kingsbury Tract shall hereafter be used for public purposes, with such present public purposes for the land being open space, park, or wetland, or any combination of such uses, with exception that the land may be used as Brooks Landfill Buffer; further, the Park Board be directed to study and report back to the City Council on additional recommendations on how the land can continue to be applied to those uses. Council Member Lambke Council Member Lambke spoke in opposition to the proposal, which he considered to be a roadblock in front of the County and a departure from normal procedures. Mayor Knight Mayor Knight said he took strong issue and disagreed totally with Council Member Lambke's assessment. Council Member Ferris Council Member Ferris stated that there is nothing the City can do to change the County's decision. This is land the City owns and is a very normal procedure - this just happens to be on controversial property. Council Member Kamen Council Member Kamen said the Brooks property was originally supposed to be park when the landfill was completed and the former Kingsbury site was also to be for this type of use. -- carried Motion carried 6 to 1. Lambke - No. SOLID WASTE PLAN INTENT TO FILE COMMENTS WITH KDHE ON COUNTY SOLID WASTE PLAN. Council Member Ferris Council Member Ferris reviewed the Item. Agenda Report No. 97-822. Sedgwick County rescinded an interlocal agreement with the City of Wichita and resumed solid waste planning in 1996. A primary obligation under State solid waste laws is the preparation of a solid waste management plan. The County Commission adopted an interim plan by resolution on March 19, 1997. The Kansas Department of Health and Environment (KDHE) "conditionally approved" the plan on March 28, 1997. That conditional approval was subject to Sedgwick County submitting amendments to the plan (final plan) on or before October 30, 1997. The County is required to submit amendments identifying the final solid waste management system, schedule for implementation, cost of the selected final system, and proposed method for financing the system. Upon completing these elements, the County must officially adopt the final solid waste plan. On September 10, the Sedgwick County Commission designated a transfer station with disposal at a remote landfill as the final disposal option for its plan. That selection and the accompanying amendments still must be completed, incorporated into the plan, and formally adopted by the County Commission prior to the submission deadline to KDHE. On September 9, the City Council emphasized its position that a local landfill was the engineering, environmental, and economic solution for future waste management that had the least impact to the fewest number of people in Wichita and Sedgwick County. The City Council also reaffirmed its commitment to a local landfill at the 85th and Greenwich Road site. It is prudent to notify KDHE of the City's intention to file comments before the KDHE Secretary's final evaluation of the County plan. Once Sedgwick County's final solid waste management plan is approved by the County Commission, it must be submitted to KDHE for approval before it becomes the official plan. If the final plan does not include provisions and options that the City believes are appropriate, the City Council may direct that comments be filed with the Secretary of KDHE pointing out deficiencies in the submitted plan or reasonable alternatives to the plan elements. Because of the final disposal option already selected by the County Commission and the uncertainty of final designation of costs and funding, the City Council may want to reserve its option to file comments with KDHE before any final approval of the plan. The recommended letter gives notice to KDHE of the City's intent to file comments. This action helps assure that KDHE is on notice of the City's intent once it receives the Sedgwick County plan. The letter also gives notice of the City's intention to request a hearing before KDHE. Such a hearing would allow the City to fully present its case that a local landfill should be included in the plan and for other interested parties to comment on the plan or the City's proposal. Under State law, a solid waste management plan is required to address specific elements set forth in K.S.A. 65-3405, as amended, and K.A.R. 28-29-81. If the Plan does not adequately address those elements, it cannot be approved by the Secretary of KDHE, the final approval authority. While KDHE has no statutory obligation to give notice of the receipt of the plan before acting, the Secretary may consider any comments that are filed that will help him in the final evaluation of the plan. The Secretary has the authority to approve the final plan as submitted or disapprove it and require amendments or modifications. Council Member Kamen Council Member Kamen said the deficiencies of the County plan are innumerable. So many citizens are outraged by the plan that the Council would be shirking its duty if comments were not filed. Mayor Knight Mayor Knight said he had originally strongly pushed for a transfer station but the City had much good information and realities required adjustment of his conclusions. Mayor Knight said he had come to the same conclusion as the remainder of the City Council - that it would be impossible to make a transfer station work. The same conclusion the City Council reached will be reached by others. Motion -- Ferris moved that the Mayor be authorized to sign the letter to the Secretary of KDHE giving notice of the City's intent to file comments on Sedgwick County's -- carried final solid waste plan. Motion carried 7 to 0. HUD CONSOLIDATED PLAN HUD CONSOLIDATED PLAN ANNUAL PERFORMANCE REPORT. Council Member Ferris left the Bench. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-823. The City is required to prepare an annual performance report for activities covered by the HUD Consolidated Plan. The report includes activities of the Community Development Block Grant (CDBG) program, HOME Investment Partnerships (HOME) program and Emergency Shelter Grant (ESG) program. The report covers the period from July 1, 1996 through June 30, 1997. During this period, City of Wichita residents received direct benefits in 14,464 instances from housing and public service activities under the CDBG program. Wichitans also benefited from 8,933 lineal feet of curb and gutter, 6,258 square yards of pavement, 4,272 square yards of driveways, 3,862 square yards of sidewalks and 91 wheelchair ramps. The HOME program assisted 292 households to secure affordable housing and ESG provided services to 3,901 clients. Total expenditures during the program year for the CDBG program were $4,858,690. The June 30, 1997 unexpended balance of $4,365,572 included $3,216,908 in open projects. The remainder includes $480,000 committed to activities in the 1997/1998 HUD Consolidated Plan One Year Action Plan. HOME program expenditures during the program year were $2,443,630, with a June 30 balance in open projects of $2,124,801. ESG expenditures during the program year were $89,530, with a June 30 unexpended balance of $12,470. The City is required to provide for citizen review/comment prior to submitting the report to the Department of Housing and Urban Development. A public hearing to review program performance is also required by regulations. The report has been made available in the Finance Department, CPO office, Human Services Department, City Council Office and at branch libraries. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the public hearing be closed, the report be received and filed, and Staff be authorized to submit the report to the U.S. Department of Housing -- carried and Urban Development. Motion carried 6 to 0. (Ferris absent) TEAMSTERS LOCAL 795 FACTFINDER'S REPORT IN THE IMPASSE BETWEEN THE CITY AND TEAMSTERS LOCAL 795 (TRANSIT) Chris Cherches City Manager said both the Teamsters Local 795 and the City have requested a deferral to October 7, 1997. Motion -- Rogers moved that the report be received and filed and the hearing be scheduled -- carried for October 7, 1997. Motion carried 6 to 0. (Ferris absent) CITY COUNCIL AGENDA RAILROAD STUDY COMMENTS ON PRELIMINARY MITIGATION PLAN - RAILROAD STUDY. Council Member Ferris present. Bill Stockwell Senior Planner reviewed the SEA's Preliminary Recommendations. Tier 1 Mitigation Measures: 1. Improved tracks and a centralized train control system that would allow increased train speeds on the UP rail line, and a requirement to operate at those speeds. (7-4) ($8,080,000) 2. Elimination of train crew changes for through trains in Wichita. (No costs) 3. Installation of a communications system to inform the emergency dispatch center of train locations on UP rail line. (7-29) ($300,000) 4. New crossing gates and flashing lights at 16 grade crossings on the UP rail line in Wichita and Sedgwick County. (7-33) ($1,920,000) 5. Fences and guardrail along Mead to separate train right-of-way from motorists. (7-34) ($150,000) 6. Pedestrian crossing gates at four crossings to enhance elementary school children safety. (7-31) ($800,000) 7. School safety education program conducted twice a year. (7-31) (No costs) 8. Rail safety information for employers, employees, and residents adjacent to the UP rail line. (No costs) 9. Train defect detectors to identify potential problems and reduce the risk of derailments. (7-39) ($300,000) 10. A community advisory panel to establish communications between UP and local representatives regarding railroad-related safety and environmental issues. (No costs) 11. Quarterly monitoring reports to be submitted to the City of Wichita and Sedgwick County. (No costs) (Total Costs $11,550,000) There are two important dates: 1) Public Hearing scheduled for October 7th at Century II, and 2) Deadline for written comments - October 15, 1997. Mr. Stockwell said the average 30 mph is doubtful and if that average cannot be achieved, then the other calculations are faulty or able to be challenged. The UP has a problem keeping trains on tracks and has the highest accident rate of all the railroads. Speeding trains cause some worry with regard to derailment. Steve Kalish Steve Kalish, Attorney representing the City, said the railroad is now saying the coal trains will continue to go through Kansas City. Once these plans are known, the utility companies in Texas will complain. For now, this is one point on the City's side. The railroad is still proposing to increase trains by 5 1/2 per day but there is no long-term guarantee. The amount of time the streets of Wichita are blocked by trains, even by faulty calculation methods, will still be increased by 50 percent more than in the past. The City will continue to ask that something be done about the additional 5 1/2 per day. That maximum 50 percent increase is based on an average speed being the maximum allowed by law. The speed limit is now 20 miles per hour and the average speed is 14 miles per hour. If the speed limit is increased to 30 miles per hour, it is not possible to have the average 30 miles per hour the railroad has used in their calculations. Council Member Rogers momentarily absent. Money indicates 8 to 10 trains. It is to the railroad's advantage to run more than 5 1/2 per day. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Mayor Knight Mayor Knight stated that the SEA is a railroad dominated and financed process which benefits the railroad. The process is anti-democratic and anti-public interest. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. There was no action taken on this Item. PROCLAMATION PROCLAMATION. -- Kansas State NAACP Conference Days Motion -- carried Knight moved that the proclamation be authorized. Motion carried 7 to 0. APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999) 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) 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) Human Services Board (1 appointment - At large) Library Board (2 appointments - Lambke) Police and Fire Retirement Board of Trustees (1 appointment - Lambke) Wichita Athletic Commission (3 appointments) Wichita Employees' Retirement Board (2 appointments - Lambke, Knight) Wichita-Sedgwick County Board of Health (1 appointment - Veterinarian) Motion -- Rogers appointed Cyrel Foote (Human Services) and moved that the appointment be -- carried approved. Motion carried 7 to 0. Motion -- Knight appointed Mike Colgan (Employee Retirement) and moved that the appointment -- carried be approved. 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 REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED SEPTEMBER 22, 1997. At 10:00 a.m., Friday, September 19, 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 September 22, 1997) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS REHABILITATING SANITARY SEWERS BETWEEN MAPLE & MCLEAN (468- 82765/621839) Insituform - $183,825.00 STORM WATER SEWER 485 (Willowbend North Addition) (468- 82713/751008) WB Carter Construction - $41,326.00 STORM WATER SEWER 488 (Wilson Farms Addition) (468- 82741/751032) Mies Construction Company, Inc. - $164,828.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. BROADWAY STREET PAVING, WATER LINE AND SANITARY SEWER (472- 82181/448-88567/468-82689 Knight moved that the rebidding of the project on October 3, 1997, be authorized. Motion carried 7 to 0. OFFICE OF CENTRAL INSPECTION/GENERAL GOVERNMENT:DEMOLITION AND ASBESTOS REMOVAL OF FOUR (4) PROPERTIES (206334 Item 2 - B. J. Hauling and Demolition - $2,060.00 Item 3 - B. J. Hauling and Demolition - $9,335.00 Item 4 - B. J. Hauling and Demolition - $4,334.00 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 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption on Premises) Teresa J. Roll Pizza Hut #301020*8977 West Central (Consumption off Premises) Brent P. Lathrop Snacks 3733 North Arkansas W. Kent Laughman Food-4-Less #186727 West Central W. Kent Laughman Food-4-Less #206222 East 21st W. Kent Laughman Food-4-Less #23 2141 South Meridian W. Kent Laughman Food-4-Less #252021 North Amidon Troy L. Wayman Wayman Bros. #72828 East 21st Street New Establishment 1997 (Consumption on Premises) Cornelia Chavez El Monterrey Restaurant*5518 West Central *General Retailer -- 50% or more of gross receipts derived 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. Public Improvements in Naftzger Park (Douglas & St. Francis). (472-82734/785527/440-083) Does not affect existing traffic. (Council approval date 1-30-96) (District VI) b. 20" Water Main in Webb Road from Pawnee to 1400 feet north of Pawnee (Pawnee & Webb Road). (448-89118/633586/544-532) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 5-13-97) (District N/A) c. Water Line in Baehr, north of Douglas. (448- 89187/635417/544-641) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (District IV) 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., October 3, 1997. Motion carried 7 to 0. SUB. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. 1. Lateral 14, Cowskin Intercepter Sewer to serve Auburn Hills 3rd & Auburn Hills Pool House Addition (south of Maple, east of 135th West). (468-82752/743245/480415) Does not affect existing traffic. (Council approval date 7-15-97) (District V) 2. Water Distribution System to serve Auburn Hills 3rd & Auburn Hills Pool House Additions (south of Maple, east of 135th West). (448- 89172/734095/470487) Does not affect existing traffic. (Council approval date ) (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., October 3, 1997. Motion carried 7 to 0. PRELIMINARY ESTIMATE PRELIMINARY ESTIMATE. 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) Motion -- Knight moved that the preliminary estimate be approved and filed. Motion -- carried carried 7 to 0. BOARD MINUTES MINUTES OF ADVISORY BOARDS. Board of Electrical Appeals, 8/12/97 Board of Housing Commissioners, 7/17/97 Board of Zoning Appeals, 7/22/97 Commission on the Status of People With Disabilities, 8/27/97 Commission on the Status of Women, 9/3/97 CPO Northeast Council 1, 9/8/97 CPO East Council 2, 9/8/97 CPO Southeast Council 3, 9/11/97 CPO Northwest Council 5, 9/10/97 CPO North Central Council 6, 9/10/97 Historic Preservation Board, 8/11/97 Wichita Art Museum Board, 8/28/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. PAVING PETITIONS PETITIONS FOR PAVING AND WATER DISTRIBUTION SYSTEM TO SERVE PART OF HARRISON PARK SECOND ADDITION (EAST OF WEBB, NORTH OF HARRY). (District II) Agenda Report No. 97-825. Harrison Park Second Addition, a new single-family development, was platted in 1996. The developer has submitted new Petitions to reconfigure the area to meet an increased rate of home sales. The Petitions total $310,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition(s) be approved (hold for development) and the -- carried Resolution(s) be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-332 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89201 (east of Webb, north of Harry) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-333 Resolution of findings of advisability and Resolution authorizing improvement of Morris (from the west line of Lot 54, Block 1, to the west line of Todd, Lindberg Circle from the north line of Morris to and including cul-de-sac, and Cranbrook Circle from the north line of Morris to and including cul-de-sac) (Project Number 472-82863) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures considered. AUGUST CLAIMS REPORT ON CLAIMS ALLOWED - AUGUST, 1997. Name of Claimant Amount Jeff A. Dowell $57.45 Freda Jorgensen $190.50 Terry J. Altis $324.98 First Covenant Church $180.99 Anna M. Cunningham $54.81 Phyllis G. Addler $2,500.00* Omar Borboa $210.00* *These claims were filed for larger amounts than what was paid to them. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. AUBURN HILLS NORTH AGREEMENT TO RESPREAD SPECIAL ASSESSMENTS IN AUBURN HILLS FOURTH ADDITION (SOUTH OF MAPLE, EAST OF 135TH STREET EAST). (District V) Agenda Report No. 97-826. The developer, Auburn Hills, Inc., platted the addition Auburn Hills Fourth and has submitted an Agreement to respread Special Assessments within 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. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. AGREEMENT SUPPLEMENTAL AGREEMENT FOR WEBB ROAD FROM 29TH TO 39TH STREETS NORTH. (District II) Agenda Report No. 97-827. On November 8, 1994, City Council approved an agreement with the Kansas Department of Transportation (KDOT) for the City to provide the construction engineering services for Webb Road from 29th to 39th Streets North, and for KDOT to reimburse the City for 80% of the cost with an upper limit of $163,172. On September 10, 1996, City Council approved a supplemental agreement to increase the upper limit of compensation to $167,924. At completion of the project, it was discovered that more time was required than figured in the original estimate or the supplemental agreement estimate. Reworking problems with the subgrade, correcting defects, and planting trees caused delays in completion. KDOT has agreed to increase the upper limit of compensation to $170,181.87 to reimburse the City for the additional work. Supplemental Agreement Number two has been prepared. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CHENEY PUMP STATION CHENEY PUMP STATION IMPROVEMENTS - CHANGE ORDER NO. 3. (All Districts) Agenda Report No. 97-828. On November 14, 1995, the City Council approved a contract with Dondlinger and Sons Construction Co. to do construction work at the Cheney Pump Station. The project included work to expand the pumping capacity from 60 MGD to 80 MGD, and the installation of a flow control valve on the 66" raw water line from the Equus Beds. The original contract amount for this project was $2,610,000. Change Order No. 1 increased the contract price by $9,942 and was approved by the City Manager. On January 14, 1997, the City Council approved Change Order No. 2, which increased the contract price in the amount of $21,115. These Change Orders have increased the cost of the project to a total of $2,641,057. Change Order No. 3 includes: Additional pavement replacement in the parking lot and drive$4,430 Additional repairs to the exterior walls $840 Remove construction debris from excavation of the new pressure $2,425 reduction valve Replace a corroded door frame $275 Replace the mechanical couplings on the discharge piping$4,171 Replace the water supply well for the pump station$2,710 Add two new circuit breakers for the new motors$2,460 Add motor controllers for the chlorine feed system$13,560 Additional electrical test services for the new motors $4,971 Relocate the water supply well control panel $270 Drill two 4" holes through concrete for future use$148 Install electronic timers on the backwash valves on the water $450 strainers Install 8 Kv shielded cable capacitors $1,647 Add #10 wire in the transformer circuit $304 Replace water expansion tank on the water supply system$1,600 Replace batteries for the backup power system$15,370 Add a floor drain on pump room level $924 Paint three garage doors $590 Install two new solenoid valves on the air conditioning system$615 Repair existing seamless flooring $1,313 Repair existing HVAC system $3,100 Additional work on the PLC controls $1,426 Add emergency stop controls for each pump $1,599 The total cost of this additional work is $65,198 This project was bid assuming the City would have to pay sales tax. The City has been able to acquire a sales tax exemption for this project. Change Order No. 3 includes a deduction of $103,411. Staff believes that there are no alternatives to these items that will allow the successful completion of this project. Approval of Change Order No. 3 will decrease the total contract price by $38,213, and will result in a total revised contract price of $2,602,844. Funding for this project is included in the Capital Improvement Program (CIP #W-384) which has a total available funding of $3,530,000. This Change Order is 1.46% of the original contract amount. The total of all Changes Orders is 0.27% lower than the original contract price. Motion -- It is recommended that the Change Order be approved and the Mayor be authorized -- carried to sign. Motion carried 7 to 0. EQUUS BEDS RECHARGE EQUUS BEDS RECHARGE DEMONSTRATION PROJECT - CHANGE ORDER NO. 5. (All Districts) Agenda Report No. 97-829. On December 31, 1996, the City Council approved a contract with Utility Contractors, Inc. to do construction work for the Equus Beds Recharge Demonstration Project. This project includes the installation of facilities to withdraw both surface water and "bank storage" water from the Little Arkansas River and to recharge pits and facilities to demonstrate if that water can be used to recharge the Equus Beds. The original contract amount for this project was $2,267,700. The City Council approved the following Change Orders: on March 18, 1997, Change Order No. 1 increased the contract price by $15,603; on April 22, 1997, Change Order No. 2 reduced the contract price by $39,749; and on June 3, 1997, Change Order No. 3 increased the contract price by $17,462. Change Order No. 4 increased the contract price by $8,551 and was approved by the City Manager on August 8, 1997. The resultant contract price after these Change Orders was $2,269,567. The design of this project is intended to provide adequate facilities to evaluate the feasibility of the Equus Beds Recharge Project. In order for these facilities to be available for the spring run-off, the design was adequate and provided information for an accurate bid for the project. However, it was anticipated that some alterations would be needed after work began in the field. Change Order No. 5 includes four items as follows: 1. Additional rip rap for the recharge basins at Well No. 4 which is needed to reduce erosion and improve recharge rates, for an increased cost of $31,229. 2. The purchase of four plug valves that have to be used as part of the sludge disposal plan. Since the delivery time on these valves is excessive, pre-purchasing the valves is recommended so that the project will not be delayed. These valves will increase the contract price by $2,013. 3. Additional excavation required at the recharge pits at Well 36 in order to reach a layer of sand and gravel that will allow better recharge rates. The cost of the additional excavation is $6,480. 4. The installation of additional material to raise the height of the measuring stands in the recharge pits at Well 4. This is needed in order to raise the water to a higher level to increase recharge rates. The cost of the installation is $2,354. Staff believes that there are no alternatives to these items if the project is to be successful. Because this is a demonstration project, the City needs to be flexible in modifying the facilities so that the most efficient means of achieving recharge can be explored. Approval of Change Order No. 5 will increase the total contract price by $42,076, and will result in a total revised contract price of $2,311,644. Funding for this project is included in the Capital Improvement Program (CIP #W-403), which has a total available funding of $3,302,000 in 1996 and 1997. This Change Order is 1.85% of the original contract amount. Motion -- Knight moved that Change Order No. 5 with Utility Contractors, Inc. in the amount of $42,076 be approved and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. EASEMENT ACQUISITIONS ACQUISITION OF TEMPORARY EASEMENTS FOR THE MERIDIAN STREET IMPROVEMENT PROJECT. (Districts IV and VI). Agenda Report No. 97-830. The Meridian Street Paving Project from Maple to Central, approved by Council on July 30, 1996 requires the acquisition of seventeen (17) temporary easements and partial takes. Three of these temporary easements are Tract #11, 303 N. Meridian, owned by Arcle M. Fraley, Tract #12, 253 N. Meridian, owned by Brent D. Dupont, and Tract #14, 159 N. Meridian, owned by Art & Sharon Veach and are more fully described on the attached tract maps and legal descriptions. The subject tracts are improved with single family homes. The easements contain from 40 square feet to 60 square feet. A formal appraisal of the properties was not performed. Due to the small size of the easements, a minimum value of $100 for each site was established. The owners have agreed to this $100 price. It is recommended by staff to approve the acquisition of the easements. The budget of $300 is for the acquisition of each easement at $100 each. These are the first three tracts acquired for the project. After the purchase of these properties, fourteen tracts will remain to be acquired through either negotiation or eminent domain. A total budget of $83,500 has been approved for the acquisition of the seventeen tracts. After these acquisitions $83,200 will remain to acquire the remaining tracts. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. PROPERTY ACQUISITION ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 530 SOUTH SENECA FOR THE MAPLE AND SENECA IMPROVEMENT PROJECT. (District VI) Agenda Report No. 97-831. The Maple and Seneca Improvement Project, approved by Council on August 20, 1996 requires the acquisition of twenty-two (22) partial takes. One of these tracts is Tract #1 which is owned by LZZ Enterprises and is more fully described on the attached tract map and legal description. The subject tract is an unimproved vacant lot, zoned B- multi-family, containing 487.5 square feet. A formal appraisal of the property was not performed; however, a value of $975 for the site was established based on market comparables and appraised values of other tracts in the project. The owner has agreed to sell the property for $2,000. Because of the cost of eminent domain, acceptance of the offer is recommended. The Budget of $2,050 includes $2,000 for the acquisition, and $50 for closing costs. This is the sixteenth tract acquired for the project. After the purchase of this property, six tracts will remain to be acquired through either negotiation or eminent domain. Expenditures of $59,128 has already been approved for the previously approved acquisitions. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. IAFF AGREEMENT INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF). Agenda Report No. 97-832. The City has reached an agreement with the IAFF, Union Local 135 for a three-year labor agreement which will be in effect from December 27, 1997, through December 22, 2000. Among other considerations, the following changes were negotiated: For 1998, employees will receive a three percent across-the- board increase which will go into effect December 27, 1997. For 1999, employees will receive a three percent across-the- board increase which will go into effect on December 26, 1998. For 2000, employees will receive a three and one-half percent across-the-board increase which will go into effect on December 25, 1999. The cost to implement the 1998 pay increase of the agreement is $396,630. Funding for this pay increase is included in the 1998 adopted budget. The cost of the 1998, 1999, and 2000 pay increase is $1,315,450. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SEIU AGREEMENT SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) . Agenda Report No. 97-833. The City has reached agreement with the SEIU, Local 513, for a three-year labor agreement which will be in effect for the period of December 27, 1997, through December 22, 2000. Among other changes, the following will cover employees represented by SEIU: 1. For 1998, 1999, and 2000 a new salary structure with two new pay steps of G and H will be put in place with the percentage spread between steps A through F gradually reduced over the three year period. 2. Step movement for A through G will be based on 12-month intervals and movement from G to H will be based on eighteen months of satisfactory service. 3. All employees at F step (maximum for current range) will go to new G step on December 27, 1997. All employees at E step with more than one year in step will go to F step on December 27, 1997. All E step employees with less than one year in step will go to F step after one year in E step. All other employees will be placed on new salary schedule at the step they are in on December 26, 1997, and will be eligible to advance to the next step on their regularly scheduled anniversary date. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SPECIAL ASSESSMENTS PROPOSED ASSESSMENT ROLLS. Proposed Assessment Rolls have been prepared for nine (9) water projects, and it is necessary to set a public hearing date. Information hearings with City personnel will be October 1, 1997. Motion -- Knight moved that the Public hearing be set for Tuesday, October 21, 1997, 11 a.m., and the City Clerk be authorized to publishnotices of hearing at least -- carried once not less than 10 days prior to the date of the hearing. CONDEMNATIONS RESOLUTIONS SETTING HEARINGS FOR REPAIR/REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 97-834. On September 8, 1997, the Board of Code Standards and Appeals held a hearing on these four properties which are considered dangerous and unsafe structures, and are being presented to schedule a condemnation hearing before the Governing Body. Improvement notices have been issued on the structures; however, compliance has not been achieved. Pre-condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove the properties. 1) 1441 North Santa Fe District VI 2) 1419 North St. Francis (Carriage House)District VI 3) 1717 North Hillside District I 4) 1433 South Pattie District I These structures have defects that under Ordinance No. 28- 251 of the Code of the City of Wichita, shall cause them to be deemed as dangerous and unsafe buildings, as required by State Statute for condemnation and consideration. Motion -- Knight moved that the Resolutions to place this matter on the agenda for a Hearing before the Governing Body on November 4, 1997, at 11:00 a.m. be approved. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-328 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: Lot 91 and north 10 feet of Lot 93 and south 2 feet lot 89 on Fifth Avenue in North Park Addition to Wichita, Sedgwick County, Kansas, known as 1441 North Santa Fe 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 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-329 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 18-20, on Fourth, now St. Francis Avenue, Eagle Addition to Wichita, Sedgwick County, Kansas, known as 1419 North St. Francis (Carriage House) 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 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-330 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 61-63 on Hillside Avenue, Woodridge Place Addition to Wichita, Sedgwick County, Kansas, known as 1717 North Hillside 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 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-331 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 29-31-33 on Pattie Avenue, McCormick's Addition to Wichita, Sedgwick County, Kansas, known as 1433 South Pattie 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 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First Read 9/16/97) a. A 97-22 Annexation - 53rd Street North and Meridian. ORDINANCE NO. 43-578 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. A 97-22 b. A 97-23 Annexation - 1/2 Mile south of 53rd Street North and east of Meridian. ORDINANCE NO. 43-579 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. A 97-23 c. A 97-24 Annexation - South side of Central and west of Rainbow Lake Road. ORDINANCE NO. 43-580 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. A 97-24 A 97-25 A 97-25 - ANNEXATION REQUEST FOR PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED SOUTH OF CENTRAL AND WEST OF RAINBOW LAKE ROAD. (District V) Agenda Report No. 97-835. Martin Knoblauch has requested that property located south of Central and west of Rainbow Lake Road be annexed into the City of Wichita. The property to be annexed is bordered on the west by the current City boundary as indicated on the map. This is currently a platted tract consisting of approximately 0.89 acres. This lot is part of Rainbow Lakes West Addition, which was platted as part of Sedgwick County in 1975. The applicant intends to begin construction of a single family residence on this lot as soon as possible. This lot is currently undeveloped and part of a single family subdivision. The surrounding property is mainly residential in character. This lot is zoned "SF-20" Single Family Residential today, under the Wichita- Sedgwick County Unified Zoning Code, and will convert to the City's "SF-6" Single Family Residential district upon annexation. Adjoining County land to the north, south, and east is zoned "SF-20" and is developed with single family residences. Adjoining City land to the west is zoned "SF-6" Single Family Residential and is developed with a single family residence. The City Engineer's office indicates that City water and sewer service are available to serve this site. There is an existing water line located along Rainbow Lake Road at the front of this lot. There is also a 4" sanitary sewer stub located along the west property line of this lot. The applicant will be solely responsible for all costs involved in connecting to existing water and sewer lines in the area. The property has access to Rainbow Lake Road, which is an unpaved residential collector street. There are no traffic counts available for this street. Rainbow Lake Road intersects with Central approximately 400 feet north of this site. Central is a 2-lane unpaved section-line road, with an existing traffic volume of 624 average daily trips (ADT) to the east of this site. The 2020 Transportation Plan projects traffic at this location to increase to approximately 8,610 ADT. The 2020 Transportation Plan also projects that this segment of Central will be a paved 2-lane arterial by the year 2020. The Wichita Fire Department, operating out of Station Number 17, located at 10651 West Maple, can serve this site with an approximate 6 1/2 minute response time. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department which is headquartered at 661 North Elder (Elder and West Central). This area is located approximately 1 1/2 miles from The Meadows Park, which is a 96.38 acre community park that is being developed and will be designated a wildlife area. Future plans include picnic facilities, soccer fields, play ground areas and pedestrian paths throughout the park. The proposed annexation site is located within 1 /12 miles of an area that has been designated as a potential future park site by the Park and Open Space Master Plan. The property is located in Unified School District 265 (Goddard Public School District). Annexation will not change the school district. This property is located within the urban growth area of the City of Wichita as delineated by the Comprehensive Plan for the metropolitan area, and is also inside the Policy 32 urban service area. On the basis of the foregoing information, the annexation of this property does not appear to result in additional future extraordinary expenses to the City-at- large. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 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-97-25 S/D 97-28 S/D 97-28 - PLAT OF R & L CARPENTER THIRD ADDITION LOCATED AT THE NORTHEAST CORNER OF WOODLAWN AND 37TH STREET NORTH. (District II) Agenda Report. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (13-0) This site currently has municipal water available to it, however, a 100 percent petition has been submitted for the extension of sanitary sewer. A Certificate of Petitions has also been submitted. City Engineering requested an off-site drainage easement as part of the drainage plan, and that easement has already been recorded. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petition from R & L Carpenter Enterprises by Roger L. Carpenter. 100 Percent Petition for construction of Lateral 56, Main 9, Sanitary Sewer No. 23 (north of 37th, east of Woodlawn) Project No. 468-82772 ($7,000 S.A.) 100 Percent Petition for construction of Storm Water Sewer No. 493 (north of 37th, east of Woodlawn) Project No. 468-82774 ($30,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-334 Resolution of findings of advisability and Resolution authorizing construction of Lateral 56, Main 9, Sanitary Sewer No. 23 (north of 37th, east of Woodlawn) Project No. 468-82772 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-335 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 493 (north of 37th, east of Woodlawn) Project No. 468-82774 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 97-2 S/D 97-2 - PLAT OF STEEBY ADDITION LOCATED EAST OF WEST STREET AND SOUTH OF CENTRAL. (District IV) Agenda Report. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (Unanimous) While this plat is a replat of a portion of a previous Addition, a new 100 percent petition has been submitted for sanitary sewer improvements. A Certificate of Petition has also been submitted. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petition from Sherman and John Steeby. 100 Percent Petition for construction of Lateral 13, Main 7, Sanitary Sewer No. 22 (east of West Street, south of Central) Project No. 468- 82773 ($23,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-336 Resolution of findings of advisability and Resolution authorizing construction of Lateral 13, Main 7, Sanitary Sewer No. 22 (east of West Street, south of Central) Project No. 468-82773 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 97-3 S/D 97-3 - PLAT OF FOREST LAKES ADDITION LOCATED NORTH OF 29TH STREET NORTH AND EAST OF TYLER. (District V) Agenda Report. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (Unanimous) This site has been annexed to the City of Wichita. Petitions, all 100 percent, have been submitted for paving, storm water, sanitary sewer and water improvements. A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of Reserves the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, this covenant also required that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Certificate of Petitions and Restrictive Covenant from Forest Lakes West by Marvin Schellenberg, President. 100 Percent Petition for Water Distribution System Number 448-89202 (north of 29th, east of Tyler) ($153,900 S.A.) 100 Percent Petition for Water Distribution System Number 448-89203 (north of 29th, east of Tyler) ($40,000 S.A.) 100 Percent Petition for Water Distribution System Number 448-89204 (north of 29th, east of Tyler) ($47,450 S.A.) 100 Percent Petition for Water Distribution System Number 448-89205 (north of 29th, east of Tyler) ($41,250 S.A.) 100 Percent Petition for Water Distribution System Number 448-89206 (north of 29th, east of Tyler) ($28,025 S.A.) 100 Percent Petition for Water Distribution System Number 448-89207 (north of 29th, east of Tyler) ($18,850 S.A.) 100 Percent Petition for Lateral 381, Southwest Interceptor Sewer (north of 29th, east of Tyler) Project No. 468-82766 ($409,200 S.A.) 100 Percent Petition for Lateral 382, Southwest Interceptor Sewer (north of 29th, east of Tyler) Project No. 468-82767 ($109,200 S.A.) 100 Percent Petition for Lateral 383, Southwest Interceptor Sewer (north of 29th, east of Tyler) Project No. 468-82768 ($52,000 S.A.) 100 Percent Petition for Lateral 384, Southwest Interceptor Sewer (north of 29th, east of Tyler) Project No. 468-82769 ($85,000 S.A.) 100 Percent Petition for Lateral 385, Southwest Interceptor Sewer (north of 29th, east of Tyler) Project No. 468-82770 ($46,200 S.A.) 100 Percent Petition for Storm Water Drain No. 132, Project No. 468-82771 (north of 29th, east of Tyler) ($330,000 S.A.) 100 Percent Petition for improving of Lake Ridge/Westlakes from the north line of 29th Street North to the west line of Tee Time; Westlakes/Forest Ridge/Forest Park from the north line of Westlakes to the west line of Lot 1, Block 3; Lake Ridge from the north line of Westlakes to the north line of Lot 23, Block 3; Lake Ridge Courts serving Lots 1 through 8, Block 1, and Lots 9 through 19, Block 1, and; a sidewalk on the east and south side of Lake Ridge/Westlakes, from the north line of 29th Street North to the west line of Tee Time and the west and south side of Westlakes;Forest Ridge/Forest Park from the north line of Westlakes to the west line of Lot 1, Block 3, Project No. 472-82870 (north of 29th, east of Tyler) ($613,700 S.A.) 100 Percent Petition for improving of Pepper Ridge from the south line of Lot 12, Block 5, to the north line of Lot 23, Block 5; and Forest Park from the east line of Pepper Ridge to the west line of Lot 1, Block 3, and; sidewalk on the east and south side of Pepper Ridge/Forest Park from the south line of Lot 12, Block 5, to the west line of Lot 1, Block 3, Project No. 472- 82871 (north of 29th, east of Tyler) ($145,000 S.A.) 100 Percent Petition for improving of Pepper Ridge from the south line of Lot 1, Block 5, to the north line of Lot 1, Block 5; Pepper Ridge Courts serving Lots 45 through 50, block 1, and serving Lots 51 through 59, Block 1, and; sidewalk on the east side of Pepper Ridge from the south line of Lot 1, Block 5, to the north line of Lot 11, Block 5, Project No. 472-82872 (north of 29th, east of Tyler) ($190,400 S.A.) 100 Percent Petition for improving of Lake Ridge from the north line of Lot 8, Block 4, to the south line of Lot 25, Block 4; Lake Ridge Courts serving Lots 8 through 17, Block 4, and serving Lots 18 through 25, Block 5, and; sidewalk on the west side of Lake Ridge from the north line of Lot 8, Block 4, to the south line of Lot 25, Block 4, Project No. 472-82873 (north of 29th, east of Tyler) ($135,000 S.A.) 100 Percent Petition for improving of Forest Park/Lake Ridge from the east line of Forest Ridge to the south line of Lot 15, Block 3; Forest Park Court serving Lots 12 through 15, Block 3, and; sidewalk on the south and west side of Forest Park/Lake Ridge from the east line of Forest Ridge to the south line of Lot 7, Block 4, Project No. 472-82874 (north of 29th, east of Tyler) ($80,000 S.A.) 100 Percent Petition for improving of Lake Ridge Court serving Lots 1 through 13, Block 2, Forest Lakes West, Project No. 472-82875 (north of 29th, east of Tyler) ($60,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-337 Resolution of findings of advisability and Resolution authorizing constructing Water Distribution System Number 448-89202 (north of 29th, east of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-338 Resolution of findings of advisability and Resolution authorizing constructing Water Distribution System Number 448-89203 (north of 29th, east of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-339 Resolution of findings of advisability and Resolution authorizing constructing Water Distribution System Number 448-89204 (north of 29th, east of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-340 Resolution of findings of advisability and Resolution authorizing constructing Water Distribution System Number 448-89205 (north of 29th, east of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-341 Resolution of findings of advisability and Resolution authorizing constructing Water Distribution System Number 448-89206 (north of 29th, east of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-342 Resolution of findings of advisability and Resolution authorizing Water Distribution System Number 448-89207 (north of 29th, east of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-343 Resolution of findings of advisability and Resolution authorizing constructing Lateral 381, Southwest Interceptor Sewer (north of 29th, east of Tyler) Project No. 468-82766 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-344 Resolution of findings of advisability and Resolution authorizing constructing Lateral 382, Southwest Interceptor Sewer (north of 29th, east of Tyler) Project No. 468-82767 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-345 Resolution of findings of advisability and Resolution authorizing Lateral 383, Southwest Interceptor Sewer (north of 29th, east of Tyler) Project No. 468-82768 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-346 Resolution of findings of advisability and Resolution authorizing constructing Lateral 384, Southwest Interceptor Sewer (north of 29th, east of Tyler) Project No. 468-82769 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-347 Resolution of findings of advisability and Resolution authorizing constructing Lateral 385, Southwest Interceptor Sewer (north of 29th, east of Tyler) Project No. 468-82770 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-348 Resolution of findings of advisability and Resolution authorizing constructing Storm Water Drain No. 132, Project No. 468-82771 (north of 29th, east of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-349 Resolution of findings of advisability and Resolution authorizing improving of Lake Ridge/Westlakes from the north line of 29th Street North to the west line of Tee Time; Westlakes/Forest Ridge/Forest Park from the north line of Westlakes to the west line of Lot 1, Block 3; Lake Ridge from the north line of Westlakes to the north line of Lot 23, Block 3; Lake Ridge Courts serving Lots 1 through 8, Block 1, and Lots 9 through 19, Block 1, and; a sidewalk on the east and south side of Lake Ridge/Westlakes, from the north line of 29th Street North to the west line of Tee Time and the west and south side of Westlakes;Forest Ridge/Forest Park from the north line of Westlakes to the west line of Lot 1, Block 3, Project No. 472-82870 (north of 29th, east of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-350 Resolution of findings of advisability and Resolution authorizing improving of Pepper Ridge from the south line of Lot 12, Block 5, to the north line of Lot 23, Block 5; and Forest Park from the east line of Pepper Ridge to the west line of Lot 1, Block 3, and; sidewalk on the east and south side of Pepper Ridge/Forest Park from the south line of Lot 12, Block 5, to the west line of Lot 1, Block 3, Project No. 472-82871 (north of 29th, east of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-351 Resolution of findings of advisability and Resolution authorizing improving of Pepper Ridge from the south line of Lot 1, Block 5, to the north line of Lot 1, Block 5; Pepper Ridge Courts serving Lots 45 through 50, block 1, and serving Lots 51 through 59, Block 1, and; sidewalk on the east side of Pepper Ridge from the south line of Lot 1, Block 5, to the north line of Lot 11, Block 5, Project No. 472-82872 (north of 29th, east of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-352 Resolution of findings of advisability and Resolution authorizing improving of Lake Ridge from the north line of Lot 8, Block 4, to the south line of Lot 25, Block 4; Lake Ridge Courts serving Lots 8 through 17, Block 4, and serving Lots 18 through 25, Block 5, and; sidewalk on the west side of Lake Ridge from the north line of Lot 8, Block 4, to the south line of Lot 25, Block 4, Project No. 472-82873 (north of 29th, east of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-353 Resolution of findings of advisability and Resolution authorizing improving of Forest Park/Lake Ridge from the east line of Forest Ridge to the south line of Lot 15, Block 3; Forest Park Court serving Lots 12 through 15, Block 3, and; sidewalk on the south and west side of Forest Park/Lake Ridge from the east line of Forest Ridge to the south line of Lot 7, Block 4, Project No. 472-82874 (north of 29th, east of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-354 Resolution of findings of advisability and Resolution authorizing improving of Lake Ridge Court serving Lots 1 through 13, Block 2, Forest Lakes West, Project No. 472-82875 (north of 29th, east of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RECESS The City Council recessed at 10:30 a.m. to Workshop Session on Downtown/Core Area Wayfinding and returned to regular Session at 11:05 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 and potential litigation, legal advice, and contract negotiations; preliminary discussions relating to the acquisition of real property for public purposes; matters relating to employer-employee negotiations; confidential data relating to financial affairs or trade secrets of a business; and the regular meeting be resumed at 11:50 a.m. Motion carried -- carried 7 to 0. RECESS Council recessed at 11:05 a.m. and reconvened in regular session at 11:52. Mayor Knight absent. Vice Mayor Cole Vice Mayor Cole announced that no action was necessary as a result of the executive session. RECESS The City Council recessed at 11:52 a.m. and returned to regular Session at 1:20 p.m. EXECUTIVE SESSION Motion -- Cole moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to potential litigation, legal advice, and contract negotiations; preliminary discussions relating to the acquisition of real property for public purposes; matters relating to employer-employee negotiations; confidential data relating to financial affairs or trade secrets of a business; and the regular -- carried meeting be resumed at 2:10 p.m. Motion carried 6 to 0. (Knight absent) RECESS The City Council recessed at 1:21 p.m. and reconvened in regular session at 2:40 p.m. Mayor Knight present. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 2:40 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 164 SEPTEMBER 23, 1997 Page 1