MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 26, 1997 Tuesday, 10:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Kamen, Rogers; present. *Council Members Ferris, Gale; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Charles Claycomb, Woodland United Methodist Church. 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 August 19, 1997, were -- approved approved 5 to 0. (Ferris, Gale; absent) *Council Member Ferris present. AWARDS AND PRESENTATIONS OATH OF OFFICE Municipal Court Judge Harold Flaigle administered the Oath of Office to Bruce Brown, Administrative Traffic Court Hearing Officer. *Council Member Gale present. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. UNFINISHED BUSINESS WRECKER SERVICES ORDINANCE PERTAINING TO LICENSING OF EMERGENCY WRECKER SERVICES. Continued from August 19, 1997. The revisions increase fees charged for certain services and a reduction in operating hours. Council Member Ferris Council Member Ferris said he had reviewed the ordinance and found it fair and reasonable. Motion -- Ferris moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance amending Sections 3.49.040, 3.49.130, and 3.49.140 of the Code of the City of Wichita, Kansas, pertaining to licensing of wrecker services and operating procedures therefor, and repealing the originals of said sections, introduced and under the rules laid over. NEW BUSINESS MEAD STREET PETITIONS TO IMPROVE MEAD STREET FROM DOUGLAS TO FIRST STREET. Council Member Kamen declared a conflict of interest and left the Bench. Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 97-744. Two petitions were submitted to improve Mead Street. One petition provides perpendicular parking on both sides of Mead, the other limits parking to the east side of Mead. With City's signature, the petitions would represent 51 percent of the proposed improvement district. Under both options, Mead would be paved with the existing pavement bricks. The parking areas would be paved with concrete and the remaining sidewalk areas would be landscaped and surfaced with decorative brick or bricklike pavers. Both petitions request City support in the amount of 50 percent of the cost and the remaining 50 percent assessed to the improvement district. The City owns 12 percent of the improvement district area which will be assessed under the proposal. Option 1: The estimated project cost to provide parking on one side is $520,000. The City-at-large cost is estimated to be approximately $291,700. Option 1: The estimated project cost to provide perpendicular parking on both sides is $430,000. The City's at-large cost is estimated to be approximately $241,200. Currently, there are no funds budgeted in the CIP for improvements in Old Town. Should the Council approve a project that obligates City funding, it will be necessary to program funds in the 1998 Capital Improvement Program. Mayor Knight left the Bench; Vice Mayor Cole in the Chair. Vice Mayor Cole Vice Mayor Cole inquired if anyone wished to be heard and no one appeared. Vice Mayor Cole Vice Mayor Cole said she had met with the developer, Dave Burk, and Council Member Kamen and a compromise had been worked out between Option 1 and Option 2. Vice Mayor Cole referred to the resulting option as Option 1A. Mead Street is still in transition with some of the warehouses operating as warehouses, others in the process of becoming residential units, retail, and some office. It may take some time before the uses are stabilized along Mead between Douglas and First Street. Everyone involved agreed the street is in need of improvement. The plan shows a brick street with an arch at the Douglas Street end (the standard used on the other streets). Dave Burk wanted to continue the design of the other two streets with brick pavers, sidewalks, trees, lights, and no parking allowed along the streets. Council Member Kamen, another property owner, wanted gray concrete sidewalks and parking spots in front of his buildings. The compromise consists of the improved brick street with the brick treatment along the west side, with the exception of the area in front of Mr. Kamen's building (currently used as both warehouse and office) which will be gray concrete. On the east side there will be parking spaces in front of Mr. Kamen's buildings, and the building at the south end of the street has trees, concrete, and brick pavers. The compromise allows for the street improvements to be completed in a timely fashion but does substantially alter the concept that has prevailed in the whole district since development began. (That concept provided parking lots along the periphery and encouraged people to walk within the district rather than to park in front of the buildings). It is hoped that after the uses of all of the buildings are determined, the design can be revisited and the sidewalks, at least on the west side, can be made consistent by using the red brick pavers. Mayor Knight present and in the Chair. Motion -- Cole moved that the Option 1A ($520,000 with parking on one side of the street) be approved; the Mayor be authorized to sign the Petition; the Petition be approved and the Resolution be adopted; and the Staff Screening Committee be designated to select a design engineer. Council Member Lambke Council Member Lambke spoke in favor of Option 2 which has more parking and costs less. -- carried Motion carried 5 to 1. Lambke - No. (Kamen absent) RESOLUTION NO. R-97-311 Resolution of findings of advisability and Resolution authorizing construction of pavement Number 472-82855 (Mead, from the north line of douglas to the south line of 1st Street) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 1. Yeas: Cole, Ferris, Gale, Rogers, Knight. Nays: Lambke. (Kamen absent) Council Member Kamen present. CITY COUNCIL AGENDA BOARD APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999). Art Museum Board (6 appointments - Knight, Cole, Ferris, Gale, Rogers, Kamen) 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 - Council at large) Historic Preservation Board (1 appointment - Kamen) Library Board (2 appointments - Lambke) Police and Fire Retirement Board of Trustees (1 appointment - Lambke) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (1 appointment - Gale) Wichita Employees' Retirement Board (3 appointments - Ferris, Lambke, Knight) Wichita-Sedgwick County Board of Health (1 appointment - Veterinarian) Motion -- Gale appointed Iris Newton (Women) and moved that the appointment be approved. -- carried Motion carried 7 to 0. PROCLAMATION PROCLAMATION. -- Deaf Awareness Week Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. Council Member Kamen left the Bench. CONSENT AGENDA Knight moved that the Consent Agenda, including Addendum Item 25, be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Kamen absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED AUGUST 25, 1997. At 10:00 a.m., Friday, August 22, 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 25, 1997) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS MAIN 25, WAR INDUSTRIES SEWER (The Boeing Company) (468- 82318/741512) Wildcat Construction Company - $688,719.00 WATER DISTRIBUTION SYSTEM (Alcorn Industrial Addition) (448-89119/733642) WB Carter Construction Co., Inc. - $16,100.00 LATERAL 133, MAIN 4, SS#23 (an unplatted area) (468- 82621/742817) WB Carter Construction Co., Inc. - $15,931.00 SANITARY SEWER REHAB, COLLEGE HILL PHASE IV (468- 82757/621557) Insituform Plains - $108,568.00 LATERAL 31, MAIN 1, WESTLINK SEWER (Westfield Acres Addition) (468-82753/743229) WB Carter Construction Co., Inc. - $7,480.00 LATERAL 73, MAIN 22, WIS (Bradley Fair Third Addition) (468-82744/743187) Dondlinger Construction Company, Inc. - $34,330.00 WATER DISTRIBUTION SYSTEM (Wilson Farms Addition) (448- 89158/734004) Whitetail Services - $84,786.75 WATER DISTRIBUTION SYSTEM (Maple Dunes Addition) (448- 89148/733931) W B Carter Construction Co., Inc. - $40,946.00 WATER DISTRIBUTION SYSTEM (Oak Ridge Second Addition) (448-89152/734038) Whitetail Service - $39,601.00 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 6 to 0. (Kamen absent) HUMAN SERVICES/WHA: REHABILITATION OF 133 NORTH MADISON (129874/2914) Baker Construction - $47,583.00 DEPARTMENT OF PUBLIC WORKS/MAINTENANCE (132225-4611) B & D Equipment & Sales, Inc. - $26,735.40 (Total Net Bid) $ 3,600.00 (Option #1 Total Lump Sum) DEPARTMENT OF PUBLIC WORKS/FLEET & BUILDINGS:SIGN BLANKS AND STREET NAME BLADES (130849) Group I Item 1 Per Each - U. S. Standard Sign - $ 1.53 Item 2 Per Each - U. S. Standard Sign - $ 2.09 Item 3 Per Each - U. S. Standard Sign - $ 2.79 Item 4 Per Each - U. S. Standard Sign - $ 3.14 Item 5 Per Each - U. S. Standard Sign - $ 4.19 Item 6 Per Each - U. S. Standard Sign - $ 6.28 Item 7 Per Each - U. S. Standard Sign - $13.10 Item 8 Per Each - U. S. Standard Sign - $ 5.59 Item 9 Per Each - U. S. Standard Sign - $ 6.98 Item 10 Per Each - U. S. Standard Sign - $ 8.38 Item 11 Per Each - U. S. Standard Sign - $11.17 Item 12 Per Each - U. S. Standard Sign - $10.59 Item 13 Per Each - U. S. Standard Sign - $15.22 Item 14 Per Each - U. S. Standard Sign - $20.95 Item 15 Per Each - U. S. Standard Sign - $ 7.94 Item 16 Per Each - U. S. Standard Sign - $ 8.73 Item 17 Per Each - U. S. Standard Sign - $15.57 Item 18 Per Each - U. S. Standard Sign - $34.92 Item 19 Per Each - U. S. Standard Sign - $ 8.28 Item 20 Per Each - U. S. Standard Sign - $ 6.30 Group II Item 1 Per Each - Vulcan Aluminum $ 3.03 Item 2 Per Each - Vulcan Aluminum $ 3.72 Item 3 Per Each - Vulcan Aluminum $ 4.44 Item 4 Per Each - Vulcan Aluminum $ 3.84 Item 5 Per Each - Vulcan Aluminum $ 4.73 Item 6 Per Each - Vulcan Aluminum $ 5.67 Item 7 Per Each - Vulcan Aluminum $ 6.57 Item 8 Per Each - Vulcan Aluminum $ 7.48 DEPARTMENT OF PARK AND RECREATION/LANDSCAPE AND FORESTRY: TREES (172015) Item 1 Per Each - Valley Tree Farm $46.25 Item 2 Per Each - Valley Tree Farm $73.75 Item 3 Per Each - Jenco Whlsale Nurseries $64.50 Item 4 Per Each - Borst Nursery & Garden $48.50 Item 5 Per Each - Jenco Whlsale Nurseries $58.00 Item 6 Per Each - Valley Tree Farm $61.25 Item 7 Per Each - Jenco Whlsale Nurseries $38.00 Item 8 Per Each - Jenco Whlsale Nurseries $57.00 Item 9 Per Each - Valley Tree Farm $61.25 Item 10 Per Each - Borst Nursery & Garden $51.75 Item 11 Per Each - Jenco Whlsale Nurseries $35.00 Item 12 Per Each - Borst Nursery & Garden $58.00 Item 13 Per Each - Valley Tree Farm $59.75 Item 14 Per Each - Jenco Whlsale Nurseries $45.00 Item 15 Per Each - Valley Tree Farm $55.75 Item 16 Per Each - Valley Tree Farm $60.25 Item 17 Per Each - Jenco Whlsale Nurseries $55.00 Item 18 Per Each - Valley Tree Farm $46.75 Item 19 Per Each - Valley Tree Farm $46.75 Item 20 Per Each - Quail Creek Nursery $60.00 Item 21 Per Each - Jenco Wholesale Nurseries $54.75 Item 22 Per Each - Valley Tree Farm $55.75 Item 23 Per Each - Valley Tree Farm $60.25 Item 24 Per Each - Valley Tree Farm $60.25 Item 25 Per Each - Quail Creek Nursery 130.00 Item 26 Per Each - Jenco Whlsale Nurseries $55.00 Item 27 Per Each - Valley Tree Farm $64.75 Item 28 Per Each - Valley Tree Farm $55.75 Item 29 Per Each - Valley Tree Farm $58.55 Item 30 Per Each - Valley Tree Farm $46.75 Item 31 Per Each - Valley Tree Farm $55.75 Item 32 Per Each - Valley Tree Farm $55.75 Item 33 Per Each - Valley Tree Farm $51.25 Item 34 Per Each - Jenco Whlsale Nurseries $44.00 Item 35 Per Each - Valley Tree Farm $61.25 Item 36 Per Each - Valley Tree Farm $51.25 Item 37 Per Each - Jenco Whlsale Nurseries $92.00 Item 38 Per Each - Hillside Nursery $40.00 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 6 to 0. (Kamen absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption on Premises) Jesse D. Soria Cholita's Mexican Restaurant* 8987 West Central New Establishment 1997 (Consumption on Premises) Ly Ngoc Thi Nguyen Dong Khanh Restaurant* 1504 West 21st (Consumption off Premises) *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. (Kamen absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. 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) b. Broadway Street, Water Line and Sanitary Sewer (Broadway, Douglas to Central). (472-82181/448-88567/468- 82689/706481/635391/621664/405-202/544-639/ 533-277) Traffic to be maintained through construction. (Council approval date 12-3-96) (District VI) c. West Street Paving, Fire Hydrant Relocations along West Street, and 6" Water Line along Elm Street from West Street to 175 feet east of West Street (Central to Zoo). (472-82782/448-88714/706564/635342/405-210/544- 634) Traffic to be maintained through construction. (Council approval date 3-18- 97) (Districts V and VI) d. 1997 Sewer Response Plan Raise Buried Manholes, Set 2 at various locations. (468-82761/621805/533-291) Traffic to be maintained through construction. (Council approval date 1-7-97) (District V) e. 1997 Sewer Response Plan Raise Buried Manholes, Set 3 at various locations. (468-82762/621813/533-292) Traffic to be maintained through construction. (Council approval date 1-7-97) (Districts II & III) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., September 5, 1997. Motion carried 6 to 0. (Kamen absent) SUB. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Wilson Farms Addition (south of 21st, east of Rock). (448-89157/733956/470473) Does not affect existing traffic. (Council approval date 7-1-97) (District II) b. Water Distribution System to serve Wilson Farms Addition (south of 21st, east of Rock). (448-89159/733998/470477) Does not affect existing traffic. (Council approval date 7-1-97) (District II) c. Water Distribution System to serve Wilson Farms Addition (south of 21st, east of Rock). (448-89161/734020/470480) Does not affect existing traffic. (Council approval date 7-1-97) (District II) d. Water Distribution System to serve Rocky Creek Addition (north of 13th, east of 127th Street East). (448-89120/733907/470468) Does not affect existing traffic. (Council approval date 3-4-97) (District n/a) e. Pave Bridgefield from the north line of the plat south to the east line of Reserve "H"; Hawthorne from the east line of Reserve "H" east to the east line of the plat; Gateway from the north line of the plat south to the north line of Hawthorne; Gateway Circle from the south line of Hawthorne south to and including the cul-de-sac; Sidewalk along the west side of Bridgefield, the south side of Hawthorne, and west side of Gateway; Bridgefield Place from the west line of Bridgefield northwest to the north line of the plat; Bridgefield Court, Lots 1 through 6, Block D, from the east line of Bridgefield east to and including the cul-de-sac; Bridgefield Court, Lots 7 through 12, Block D, from the east line of Bridgefield east to and including the cul-de-sac; Gateway Court, Lots 1 through 8, Block E, from the east line of Gateway east to and including the cul-de-sac; Gateway Court, Lots 9 through 1, Block E, from the east line of Gateway east to and including the cul-de-sac; Gateway Court, Lots 4 through 8, Block C, from the west line of Gateway Circle west to and including the cul-de-sac Bridgefield Addition (south of Central, east of 127th Street East). (472-82824/764340/490537) Does not affect existing traffic. (Council approval date 5-13-97) (District II) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., September 5, 1997. Motion carried 6 to 0. (Kamen absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1997 Contract Maintenance Cold Recycled Paving of Seneca Street North from 37th Street North to Seneca Drive (40th Street North). (132324/112-000) Traffic to be maintained through construction. (Council approval date 3-4-97) (District n/a) - $55,000. b. 1997 Park Bikeway System (along the Big River). (472-82792/785642/440-096) Traffic to be maintained through construction. (Council approval date 1-14-97) (District IV, V & VI) - $50,000. c. Water Distribution System to serve Rocky Creek Addition (north of 13th, east of 127th Street East). (448-89095/733626/470-440) Does not affect existing traffic. (Council approval date 3-4-97) (District VI) - $132,000. d. Water Distribution System to serve Lark Fifth Addition (west of Lark, south of Kellogg). (448-89166/733923/470-470) Traffic to be maintained during construction. (Council approval date 7-8-97) (District V) - $32,000. e. Water Distribution System to serve Lark Fifth Addition (west of Lark, south of Kellogg). (448-89167/733964/470-474) Does not affect existing traffic. (Council approval date 7-8-97) (District V) - $61,000. f. 21st Street Accel/Decel and Left turn Lanes to serve Tallgrass and Tallgrass Commercial Fifth Additions (north of 21st, east of Rock/south of 21st, east of Webb/east of Rock Road). (472- 82580/82581/82728/82806/764001/763995/763698/ 764225/490-503/490-502/490-472/490-525) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 5-2-95/5-21-96/3-18-97) (District II) - $275,540. g. 21st Street Accel/Decel Lane to serve Bradley Fair Third Addition (south of 21st, east of Rock). (472-82848/764399/490-542) Traffic to be maintained through construction. (Council approval date 7-1-97) (District II) - $320,000. h. 1997-1998 CDBG Street Improvements at various locations. (618595/805-005) Traffic to be maintained through construction. (Council approval date 7-1-97) (District n/a) - $208,565. Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Kamen absent) BRADLEY FAIR 3RD PETITION FOR SANITARY SEWER TO SERVE BRADLEY FAIR THIRD ADDITION (SOUTH OF 21ST, EAST OF ROCK ROAD). (District II) Agenda Report No. 97-745. On July 1, 1997, the City Council approved a Petition for a Sanitary Sewer to serve the commercial area along 21st Street, east of Rock Road. An attempt to award a construction contract within the budget set by the Petition was not successful. A Petition with an increased budget has been submitted. The signatures on the new Petition represent 100% of the improvement district. The original Petition totaled $37,000. The new Petition totals $53,000. The 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. (Kamen absent) RESOLUTION NO. R-97-312 Resolution of findings of advisability and Resolution authorizing construction of Lateral 73, Main 22, War Industries Sewer (south of 21st, east of Rock Road) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. BOARD MINUTES MINUTES OF ADVISORY BOARDS. CPO Northeast Council 1, 8/11/97 CPO East Council 2, 8/11/97 CPO Southeast Council 3, 8/14/97 CPO Southwest Council 4, 8/14/97 CPO Northwest Council 5, 8/13/97 CPO North Central Council 6, 8/13/97 Sister Cities Advisory Board, 6/6/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Kamen absent) STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures considered. WATER AGREEMENT U.S. GEOLOGICAL SURVEY SURFACE WATER AGREEMENT. Agenda Report No. 97-746. In 1957, as a condition of federal assistance in construction of the Wichita-Valley Center Flood Control Project, the City of Wichita entered into a cooperative agreement with the United States Geological Survey (U.S.G.S.) to install and maintain stream recorders along the project. Rainfall recorders were added later for the City's own use. In 1965, the Water Department added stream gauging stations at Cheney Reservoir. The Joint Funding Agreement with U.S.G.S. covers their fiscal year from October 1, 1997 through September 30, 1998. The Department of Public Works uses recorders to monitor rainfall throughout the drainage basins affecting the project to determine volumes of incoming water. The collected data is transmitted to the weather bureau, which transmits the data to the River Forecast Center in Tulsa, Oklahoma. The data is statistically analyzed and published by U.S.G.S. The Water Department monitors the flow of water into and out of Cheney Reservoir and relays the elevation of the lake to the Corps of Engineers. For U.S.G.S.'s 1997 fiscal year, the total cost of the program amounts to $37,820. Of the total program cost, U.S.G.S. is responsible for $16,310, Wichita Water & Sewer is responsible for $11,315, and the Department of Public Works is responsible for $1,195. The amount funded by Public Works takes into consideration the $9,000 direct credit to Public Works for office space provided by the City of Wichita's Property Management Department for use by the U.S.G.S., WRD, Kansas District. Funding is contained in departmental budgets. Listed below is an itemized cost for the 1997-1998 fiscal year funding agreement between U.S.G.S. and the City of Wichita. These dollar amounts are split 50/50 with the U.S.G.S. and the City of Wichita, with the exception of $5,200 for the rental of seven digital recorders and processing tapes which is paid for by the Public Works Department. Water Department, streamflow-gaging station: City's Cost USGS's Cost Total Cost 07144780 N. Fk. Ninnescah River above Cheney Reservoir $ 4,995 $ 4,995 $ 9,990 07144790 Cheney Reservoir near Cheney $ 1,325 $ 1,325 $ 2,650 07144795 N. Fk. Ninnescah River $ 4,995 $ 4,995 $ 9,990 Total Water Department Cost $ 11,315 Department of Public Works/Flood Control, streamflow- gaging station, rental of equipment, and processing of digital tapes: City's 50% USGS's 50% Total Cost 07143375 Arkansas River near Maize $ 4,995 $ 4,995 $ 9,990 Rental of seven digital recorders and processing tapes $ 5,200 $ 0 $ 5,200 Total Public Works Department Cost $ 10,195 *$9,000 is direct credit for office and warehouse space provided by the City of Wichita at 245 W. Dewey. Maintenance of stream and rainfall data is necessary to protect federal assistance in the event of emergencies. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Kamen absent) DESIGN SERVICES SUPPLEMENTAL AGREEMENT FOR DESIGN SERVICES FOR A MODERN ROUNDABOUT FOR MERIDIAN, MCLEAN AND CENTRAL AVENUES. (Districts IV & VI) Agenda Report No. 97-747. On June 6, 1995, the City Council approved an Agreement with Baughman Company, P.A. to design paving improvements for Central from McLean to West Street and incidental water line improvements. The fees totaled $66,500; $59,000 for the paving improvements and $7,500 for the water line design. These projects are included in the Capital Improvement Program (CIP No. MS-432 & CIP No. W-65). The intersection of Central, Meridian and McLean is formed by three major arterial streets coming together at one location. The Big Arkansas River limits the design consideration. A bike/pedestrian bridge recently opened on the east side of the intersection to serve the area. Staff recommends that the City contract with Baughman Co. and the firm of Ourston & Doctors of Santa Barbara, California for the design of a modern roundabout at Central, McLean, and Meridian. When properly designed, a modern roundabout reduces driver delay resulting in less accidents. The design also allows creative landscaping within the center of the intersection. Ourston & Doctors is the leading expert on modern roundabouts in North America. They have designed the only three modern roundabout freeway-to-street interchanges in the Western Hemisphere, in Vail and Avon, Colorado, and have written a book on roundabout design, Roundabout Design Guidelines, the most widely used manual on roundabouts in North America. The consulting team will present to the City Council a two stage proposal for preliminary study and final design plans. Pending contract approval, they will present their proposed rendering of the intersection at a City Council workshop on September 23, 1997, in addition which to presenting video tapes of modern roundabouts in the United States. A Supplemental Agreement with Baughman Company, P.A. with Ourston & Doctors as subconsultant to design the roundabout has been prepared. Payment to the consultant will be made on a lump sum basis of $27,651, and will be funded by General Obligation Bonds. Funds are available in the existing project design budgets of Central, McLean to West, and Meridian, Maple to Central. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 6 to 0. (Kamen absent) GRANT AGREEMENT (WMTA) CAPITAL GRANT AGREEMENT ON BEHALF OF THE WICHITA METROPOLITAN TRANSIT AUTHORITY (WMTA). Agenda Report No. 97-748. The agreement purpose is to obtain State of Kansas funds for local match for a Section 5309 federal grant to purchase vehicles and associated capital equipment to support WMTA's function of providing transportation services to the elderly and persons with disabilities. WMTA applied to the State of Kansas for a $50,000 local match required to obtain FTA funds. The State has agreed to fund the local match pending execution of the agreement. The funds will be used to purchase five 22- passenger wheelchair lift-equipped minibuses plus the required accessories. The vehicles identified for replacement are 1994 15-passenger vans that have exceeded their useful service by FTA guidelines: four years or 100,000 miles. The vans to be replaced are leased to human service agencies that provide both client-based and WMTA-referred special service trips. A total of 79,888 WMTA subsidized trips; and an additional 6,362 non-subsidized trips for the disabled were provided on those vehicles during 1996. Demand for paratransit service is expected to continue to increase ten percent annually over the next several years due to full implementation of the Americans with Disabilities Act (ADA). Replacing the 1994 15-passenger vans with 22-passenger minibuses will enhance WMTA's ability to comply with ADA and more flexibility in scheduling. The funding received from the state grant will be used as local match toward FTA Section 3 capital funds on an 80 percent federal to 20 percent local (State) match basis. The $50,000 state grant will be matched against $200,000 in federal funds resulting in a total of $250,000 for the van replacement purchase. Motion -- Knight moved that the Grant Agreement be approved and the Mayor be authorized to -- carried sign. Motion carried 6 to 0. (Kamen absent) S.T.O.P. GRANT APP. S.T.O.P. VIOLENCE AGAINST WOMEN GRANT APPLICATION. (All Districts) Agenda Report No. 97-749. The Federal S.T.O.P. (Services, Training, Officers, Prosecutors) Violence Against Women Grant is administered in Kansas by the State Attorney General. The S.T.O.P. Grant awards funds to programs that meet the needs of women who are victims of violent crimes. The grant application outlines the proposed use of grant funds to improve services to women who are victims of violent crimes. The projects proposed for funding are: (1) A two-day conference for 200 law enforcement personnel, prosecutors, victim service providers, and other professionals in domestic violence. (2) A site visit by a five-member team of City officials to a model domestic violence program. (3) A prevention curriculum on domestic violence to be taught in Wichita Public Schools by Police-School Liaison Officers. The total cost of the proposed projects is $29,430, funded from $22,072.50 (or 75%) in grant funds and $7,357.50 (or 25%) in local match from the Narcotic Seizure Account. This grant does not involve on-going expenses beyond the grant funding period. Motion -- Knight moved that the Grant Application be approved and the Mayor be authorized -- carried to sign. Motion carried 6 to 0. (Kamen absent) MONTHLY FIN. REPORT MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDED JULY 31, 1997. Motion -- carried Knight moved that the Report be received and filed. Motion carried 6 to 0. (Kamen absent) PROPERTY ACQUISITION ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 500 SOUTH SENECA FOR THE MAPLE AND SENECA IMPROVEMENT PROJECT. (District VI) Agenda Report No. 97-750. 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 #6 which is owned by John L. and Mary E. Burke. The subject tract is improved with a single family home. The taking consists of 375 square feet and will not impact the improvements. A formal appraisal of the property was not performed; however, a value of $750 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 fifteenth tract acquired for the project. After the purchase of this property, seven tracts will remain to be acquired through either negotiation or eminent domain. Expenditures of $57,078 has already been approved or are under consideration 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. JULY CLAIMS REPORT ON CLAIMS ALLOWED - JULY, 1997. Name of Claimant Amount Myron Rake $74.13 Bradley Boswell $373.50 Bernard C. Dette $274.20 Lester K. Fortney $158.85 Tonya H. Benjamin $70.00 Property Management Corp. $265.03 Anne Kuykendall $581.70 Motion -- carried Knight moved that the Report be received and filed. Motion carried 6 to 0. (Kamen absent) JABARA AIRPORT AMENDMENT TO CAPITAL IMPROVEMENT PROGRAM (SITE IMPROVEMENTS - TAXIWAY L) Agenda Report No. 97-751. The project is Site Improvements - Taxiway L which will involve the preparation of an area adjacent to the taxiway which will be used for corporate hangers. This project will be designed immediately and, subject to FAA concurrence, have an estimated construction completion date of December 31, 1998. It is anticipated that this project will be funded 90% ($27,000) by the FAA while the matching 10% ($3,000) may be funded by City of Wichita General Obligation Bonds. Motion -- Knight moved that the amendment to the 1996 - 2005 CIP be approved to allow for -- carried the addition of said project in the amount of $30,000. Motion carried 6 to 0. (Kamen absent) JABARA AIRPORT CAPITAL PROJECT INITIATION (JABARA APRON AND TAXIWAYS) Agenda Report No. 97-752. The project is Jabara Apron and Taxiways and represents the design of improvements that will be made to Colonel James Jabara Airport subject to further action and approval by the Wichita Airport Authority. The project has been included in a Capital Improvement Program of the City of Wichita. Details regarding the project are disclosed in the Project Finance Proposal. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The total cost for the design of the capital improvements, based on the best present information, is $170,000. Motion -- Knight moved that the amendment be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Kamen absent) RESOLUTION NO. R-97-313 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Colonel James Jabara Airport facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. 1997 STREET REHAB. 1997 STREET REHABILITATION PROGRAM. (All Districts) Agenda Report No. 97-753. The 1997 Capital Improvement Program includes a project to rehabilitate arterial streets (CIP No. MS-399, page 56). The locations to be repaired are: * 45th Street North, east of Rock Road * Learjet Way, Mid-Continent Drive west * 55th Street South, Broadway to Hydraulic * Greenwich Road, Kellogg to Kansas Turnpike * Hydraulic, from the Bridge north of 37th Street North to the north city limits The project budget is $300,000, of which will not fund all locations. Repairs will be made until the project funds are exhausted. In addition, Learjet Way has been submitted for economic development funds through the State of Kansas. The funding source is General Obligation Bonds. Motion -- Knight moved that the project be approved and the Ordinance be placed on first -- carried reading. Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance declaring 45th Street North, Rock Road to 1/2 mile east of Rock Road; Learjet Way, Mid Continent Drive West, 55th Street South, Broadway to Hydraulic; and Hydraulic, 37th Street North to north city limits (1997 Street Rehabilitation Program) (472-82857) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. ORDINANCES SECOND READING ORDINANCES. (First Reading 8/19/97) a. Ad Valorem Tax Exemption - JR Custom Metal Products. (District VI) ORDINANCE NO. 43-560 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. b. Ad Valorem Tax Exemption - R & R Precision Machine. (District IV) ORDINANCE NO. 43-561 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. c. IRB - Cimarron Apartments Project. (District VI) ORDINANCE NO. 43-562 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. d. Municipal Court Cost Ordinance. ORDINANCE NO. 43-563 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. e. Building Contractor License Fee Increase. ORDINANCE NO. 43-564 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. f. Curfew Ordinance. ORDINANCE NO. 43-565 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. g. Special Assessment - Sidewalks. ORDINANCE NO. 43-566 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. h. Annexation - A 97-16 (East of Meridian and Little Arkansas River, South of 69th Street North, West of the Little Arkansas River, and North of 57th Street North) ORDINANCE NO. 43-567 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. A 97-16 i. Amendments to the Unified Zoning Code. ORDINANCE NO. 43-558 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. j. Amendments to the Wichita-Sedgwick County Subdivision Regulations. ORDINANCE NO. 43-559 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. k. Municipal Court Code of Procedure. CHARTER ORDINANCE NO. 170 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. S/D 97-42 S/D 97-42 - PLAT OF AUBURN HILLS FOURTH ADDITION LOCATED SOUTH OF MAPLE AND EAST OF 135TH WEST. (District V) Agenda Report No. 97-754. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (10-1-2) This is a replat of a plat previously approved. Sanitary sewer, water and paving improvements have already been completed for this area. Due to the reconfiguration of the lots, a new respread agreement for special assessments has been submitted. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Motion -- Knight moved that the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 6 to 0. (Kamen absent) D-1721 D-1721 - DEDICATION OF A UTILITY RIGHT-OF-WAY LOCATED EAST OF WEBB ROAD AND NORTH OF LINCOLN. (District II) Agenda Report No. 97-755. MAPC Recommendation: Accept the dedication. The Dedication being made in order to protect an existing hedgerow of trees. Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 6 to 0. (Kamen absent) ADDENDUM ITEM 25 A 97-1 A 97-1: ADOPTION OF AN AMENDED RESOLUTION TO ESTABLISH FUTURE 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) The addendum is to change the public hearing to November 4, 1997. Motion -- Knight moved that the Resolution setting the public hearing for November 4, 1997, at 7:00 p.m., Holy Cross Lutheran Church, 600 North Greenwich Road, Wichita, -- carried Kansas, be adopted. Motion carried 6 to 0. (Kamen absent) RESOLUTION NO. 4-97-314 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. Knight moved that the Resolution be adopted. Motion carried 6 to 0. Kamen absent. Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. OFF AGENDA ITEM KELLOGG AND OLIVER INTERSECTION CONSTRUCTION. Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 6 to 0. (Kamen absent) Steve Lackey Director of Public Works explained that the construction work at Kellogg and Oliver had begun. The construction contract calls for the work to be accomplished during non-peak hours, at night, when the traffic can be reduced to one-lane each direction. The Police had received telephone calls, regarding heavy equipment and back-up alarms on equipment, and had told the contractor certain permits were needed and that the work had to cease. Discussions have been had with the contractor in an effort to mitigate part of the problem. However, work will have to proceed at night as daytime traffic is too heavy to close the traffic down to one-lane during the day. There were meetings held with the area residents prior to the start of construction and the residents were advised of the problems and how construction would be handled. The bid was based on the contractor being able to work 24-hours and having two-lanes open during peak hours. The Police Department has been advised that there is a construction contract in effect. Council Member Kamen present. 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 potential litigation, legal advice, and contract negotiations; preliminary discussions relating to the acquisition of real property for public purposes; and matters relating to employer-employee negotiations; and the regular meeting be resumed at 11:45 a.m. in the City -- carried Council Chambers. Motion carried 6 to 0. (Kamen absent) RECESS Council recessed at 10:35 a.m. and reconvened in regular session at 11:45 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 11:46 a.m. Pat Burnett City Clerk WORKSHOP AGENDA: 1. Joint meeting with County Commission, School Board, regarding Railroad Bypass Presentation by HNTB Consultants. 2. Wichita Art Museum 3. Gas Transportation Issues 4. Unpaved City Streets COUNCIL PROCEEDINGS JOURNAL 164 AUGUST 26, 1997 Page 1