MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, April 2, 1996 Tuesday, 9:08 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Ferris, Gale, Kamen, Rogers; present. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Mayor Knight. 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 March 26, 1996, were -- approved approved 7 to 0. AWARDS AND PRESENTATIONS SERVICE CITATIONS Mayor Knight presented Distinguished Service Citations to those present. PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. RECOGNITION Recognition was given to the Water and Sewer Department for actions taken during the emergency which occurred due to a water main breaking on September of 1995. GROUP RECOGNITION A Student Group from Veronezh, Russia, was recognized. UNFINISHED BUSINESS PAVING ASSESSMENTS PROPOSED PAVING ASSESSMENTS. Continued from March 26, 1996. k. (472-82436/762369/490-339) - Improving of Evergreen from the south line of Robin to the south line of Maple; Socora from the east line of Evergreen to the south line of University; Floyd from the east line of Evergreen to the south line of Maple; Topaz from the south line of Lot 8, Block 3, Carriage House Plaza 2nd Addition and the south line of Lot 5, Block E, Floyd Bailey 3rd Addition to the south line of University; Turquoise from the north line of Hendryx to the south line of Maple; and University from the east line of Evergreen to the west line of Woodchuck (south of Maple, east of Tyler), as authorized by Resolution No. R-94-057 adopted February 15, 1994, and published February 18, 1994. This improvement was ordered in by City Council. The Statement of Cost, including the cost of driveways, approved January 30, 1996, in the amount of $977,836.00 is to apportioned 91 percent to the improvement district and 9 percent to the City at large. The cost has been assessed on a square foot basis. Mike Lindebak City Engineer said he had researched the paving of Woodchuck, as directed by the City Council, and had been unable to locate records in this regard. The street may have been paved prior to annexation by the City. Council Member Ferris Council Member Ferris said the City's policy is that citizens pay for a side and front street assessment; and there is benefit, such as dust reduction, other than just driving on the street. Motion -- carried Ferris moved that the Ordinance be adopted. Motion carried 7 to 0. ORDINANCE NO. 43-114 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Evergreen from the south line of Robin to the south line of Maple; Socora from the east line of Evergreen to the south line of University; Floyd from the east line of Evergreen to the south line of Maple; Topaz from the south line of Lot 8, Block 3, Carriage House Plaza 2nd Addition and the south line of Lot 5, Block E, Floyd Bailey 3rd Addition to the south line of University; Turquoise from the north line of Hendryx to the south line of Maple; and University from the east line of Evergreen to the west line of Woodchuck (south of Maple, east of Tyler), read for the second time. Ferris moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (472-82436/762369/490-339) Continued from March 19, 1996. b. (472-82373/705749/405-128) - Improving of Rock Island from First Street to approximately 360.5 feet north of the north line of First Street, East Wichita Addition (north of First Street, west of Washington). u. (472-82485/762666/490-369) - Improving of Mead Avenue from 1st to 2nd Streets North and necessary transitions (Old Town Phase III, Part 2). v. (472-82486/762674/490-370) - Improving Moore Avenue from 1st to 2nd Streets North; and necessary transitions (Old Town Phase III, Part 1). Motion -- carried Cole moved that Items b, u, and v be deferred one week. Motion carried 7 to 0. CONDEMNATION REVIEW REVIEW OF 419 EAST LEWIS. Kurt Schroeder Superintendent of Central Inspection reviewed the Items. Agenda Report No. 95-232 C. This property was first cited for violations on October 16, 1990. Several notices were issued, and on May 9, 1994, a pre-condemnation letter was issued. Formal condemnation action was initiated on October 26, 1994. At the March 6, 1995 BCSA hearing, the owners did not appear, and the BCSA recommended 10 days to start demolition and an additional 10 days to complete. The City Council held a condemnation hearing on May 2, 1995. A resolution was adopted giving the Garden Plain State Bank (which had foreclosed on the property) 10 days to secure and 60 days to repair the property. No action was taken by the Bank, and bids were subsequently taken by OCI to remove asbestos from the building prior to razing. The current owners later purchased the property from Garden Plain State Bank, and requested that the case be reheard by the Council on December 19, 1996. On December 19, the Council deferred the case 60 days with the provision that the structure be secured and taxes paid current within 7 days, and that the owners reappear with a written plan for complete rehabilitation of the structure. On February 28 and March 26, 1996, OCI received letters outlining the owner's plan to sell the property and to have the property rehabilitated by the new owner. The plan does not set forth any rehab completion dates or milestones. As of March 8, the lower level of the building had been resecured with plywood and the plywood painted, and most of the temporary repairs agreed to in December by the current owner had been completed. This structure has been surveyed for asbestos, at a cost of $1,150.00. No bid for demolition has been awarded yet. Before demolition could occur, the asbestos would have to be remediated at a low-bid cost of $3,945.00. Taxes are now current. The owners have been notified of the date and time of this Hearing. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that 30 days be granted to obtain required construction permits and begin rehabilitation and an additional 30 days be granted to complete permanent exterior repairs to the property all subject to: (a) immediate reimbursement of $1,150.00 for asbestos survey costs; and (b) close on sale of property within 14 -- carried days. Motion carried 7 to 0. REVIEW OF 427 EAST LEWIS. Agenda Report No. 95-520 D. This property was first cited for violations on January 3, 1989. Several notices were issued, and on March 17, 1995, a pre-condemnation letter was issued. Condemnation action was initiated on April 4, 1995. At the June 5, 1995, BCSA hearing, the owners did not appear, and the BCSA recommended demolition and removal of the structure. On August 1, 1995, the City Council held a condemnation hearing on the property, and adopted a resolution authorizing OCI to proceed with demolition and removal of the building. However, in mid-August the property was sold at a Sedgwick County tax foreclosure sale. At the request of the tax sale purchaser, this was brought back before City Council on October 17, 1995. On October 17, Council ordered the new owners to secure the building and clean the premise within two weeks, and to have temporary exterior repairs completed within 60 days. On December 19, 1995, the Council reheard the case. The property was secured and taxes were current at that time. However, temporary repairs had not been initiated. The case was deferred 60 days, with a provision that temporary exterior repairs be completed and a written plan for sale or repair be submitted within 60 days. If the exterior repairs were not completed, a deposit would be required in accordance with Policy 33. Staff inspected the structure on February 16 and no repairs had been started at that time. When a written sale and/or repair plan had not been submitted by 2/23 as requested, OCI re-initiated the building removal process. However, on February 28 and March 26, OCI received letters from the owners outlining their plan for sale of the property and subsequent rehabilitation by the new owner. Per inspection performed on March 8, the structures had been re-boarded on the first level, and most of the temporary exterior repairs had been completed. While a $10,000 deposit would be required by Policy 33 (one half the cost of estimated demolition), Council may wish to consider a lower amount since the property is now in compliance with the Council order and because the required amount may jeopardize the rehabilitation completion. This structure has been surveyed for asbestos at a cost of $685.00. No bid for demolition has been awarded yet. Before demolition could occur, the asbestos would have to be remediated at a low-bid cost of $5,565.00. The taxes are current. The owners have been notified of the date and time of this Hearing. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that 30 days be granted to obtain required construction permits and begin rehabilitation and an additional 30 days be granted to complete permanent exterior repairs to the property all subject to: (a) immediate reimbursement of $685 for asbestos survey costs; (b) immediate deposit of $2,500 and; (c) close on -- carried sale of the property within 14 days. Motion carried 7 to 0. MUNICIPAL COURT DOCUMENTS RELATED TO MUNICIPAL COURT OPERATIONS. On March 19, 1996, the Council deferred two Ordinances relating to vacancies on the Municipal Court and the position of Municipal Court Administrator. Motion -- carried Kamen moved that this Item be deferred one week. Motion carried 7 to 0. SWC, INC. SWC, INC. V. CITY OF WICHITA. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 96-259. A lawsuit was instituted by SWC, Inc. to contest the denial of a rezoning application by SWC, Inc. SWC, Inc., prevailed at the district court level and the City appealed. The settlement agreement will release the City, its employees and others from any and all liability on the rezoning case, and will ask the district court to vacate its order except for that portion which granted the rezoning. The resolution of disputed claims will result in SWC, Inc. receiving the rezoning and the City will avoid any adverse rulings related to the trial of the case in district court. Additionally, SWC, Inc., has agreed to be subject to the code and regulations pertaining to this zoning district. Motion -- Cole moved that the rules be set aside and public comment be taken. Motion -- carried carried 6 to 1. Kamen - No. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Peggy Jarman Peggy Jarman, Womens' Health Care Service, said the highest concern is to provide safety to customers. Ms. Jarman said the City Council is creating an atmosphere where distrust and a desire for destruction can turn into violence. Jim Schaefer Jim Schaefer, attorney representing SWC, Inc., stated that the court findings should lead the City Council to dismiss the appeal. Motion -- Ferris moved that the appeal be dismissed; and the settlement agreement be approved and the Mayor be authorized to sign. Council Member Ferris Council Member Ferris explained that the Council had previously approved "LC" zoning for adjacent property and property across the street. The zoning requested has been used as an approach into neighborhoods throughout Wichita. Zoning should not distinguish between one kind of office and another. Council Member Cole Council Member Cole stated that her previous vote in opposition to the zoning request had been based on neighborhood opposition. The earlier court decision was based on many things that went beyond the zoning case. The Council's previous decision was to let a higher court decide the question so the Council would know how to proceed on future zoning cases. If impact on a neighborhood cannot be considered in proposed zoning cases, the job of both the City Council and the MAPC will be much easier. Theaters, amusement centers, offices, and other businesses can feel free to locate wherever they believe it is to their advantage with little worry about successful neighborhood opposition. Council Member Kamen Council Member Kamen said the Findings of Fact previously cited by the Council included the neighborhood opposition. Strip zoning is also bad. Gary Rebenstorf Director of Law, responding to questions from Council Member Cather, said the case before the Kansas Court of Appeals would require one attorney to argue the case in either Topeka or Wichita, hearing time of one-half to one hour, and two to three hours of preparation. The settlement agreement has been negotiated with the opposing attorney. The settlement is between the City and SWC and is a reasonable resolution of the case. There could be other issues that might be raised which could cause problems for the City. Council Member Cather Council Member Cather said he could see no advantage in the release. Mayor Knight Mayor Knight spoke in favor of settlement of the issue and stated that his views on abortion have no bearing on his vote to settle the lawsuit. -- carried Motion carried 4 to 3. Cather, Cole, Kamen - No. NEW BUSINESS 33RD NORTH PAVING PAVING OF 33RD STREET NORTH, SALINA TO WOODLAND. (District III) Council Member Cole Council Member Cole spoke in favor of deferral of the item to allow CPO and neighborhood involvement. Motion -- carried Cole moved that this Item be deferred two weeks. Motion carried 7 to 0. Mayor Knight left the Bench; Vice Mayor Kamen in the Chair. SEWER PETITION PETITION FOR SANITARY SEWER TO SERVE CHITWOOD ESTATES AND UNPLATTED TRACTS SOUTH OF 47TH STREET SOUTH AND EAST OF WEST STREET. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-268. The signatures on the petition represent 51% (12 of 19 owners) of the improvement district area. CPO Council 4 considered the petition on March 14, 1996. The Council voted 5- 0 to recommend approval. The Chitwood Estates area was developed in the 1960s and 1970s as a single family neighborhood. It is located near the City limits. Sanitary sewer service is currently provided by private septic tanks, a number of which are failing. The project budget is $122,000. The funding source is Special Assessments. The estimated assessment to individual properties is $6,420 per tract. State Statutes provide that the petition is valid if signed by a majority of property owners and by owners of a majority of the property in the improvement district. Vice Mayor Kamen Vice Mayor Kamen inquired if anyone wished to be heard. Mayor Knight present and in the Chair. Sandra Pond Sandra Pond, 3524 Chitwood, said the boundaries were unfair as there were an additional three to four houses which were not in the benefit district. Mike Lindebak City Engineer explained how the boundaries were drawn and that all the area is outside the City limits. The petition was barely a majority by land area. Areas outside the benefit district could receive service at a later date if requested. The City would extend sewer service to individual lots which would be paid for at the time of hookup. Payment for later hookups might be a little less because tie-in would be made into the large main. As with any project, the cost for the main tie-in to the large interceptor sewer is being borne by the areas in this benefit district. Council Member Ferris Council Member Ferris said it appears that in some cases the cost for later tie-in could be considerably less than the cost to those in the benefit district. The City's policy should be evaluated because there should not be a penalty for being first in an area to receive improvements and persons who tie-in later should not benefit by paying a lesser amount. This could be along the same lines as a plant equity fee where the City might defer a portion of the cost and evaluate what else would be tied-in. Then when there is a benefit district, the proportional share of the cost would be paid. Kirk Slates Kirk Slates said he has several children for whom he has concern because his property is served by well water and there are septic systems in the area which are failing. A property owner in the area who has a day care center has had well water tested and bacteria which originates from sewage has been found in the well water. Mr. Slates urged Council approval of the project. John Archer John Archer said the septic laterals on his property had just been redone and would be good for many years. Mr. Archer said people who are not included in the petition would benefit from sewer service and should be included in the benefit district. Rosa Slates Rosa Slates spoke in favor of the project and stated that many yards are too small to have replacement or additional laterals installed. Motion -- Cather moved that the petition be approved and the Resolution be adopted. Mike Lindebak City Engineer, responding to a question, recommended that the $.03/sq.ft. charge for never having had a main assessment for those persons in the benefit district be waived; and that there be a $.03/sq.ft. fee in-lieu-of a main payment for those who hook-up to the system later. Council Member Ferris Council Member Ferris said that, in the future, it ought to cost people less if they are first and more if they are last - then people would not want to get out of the benefit district because there would be knowledge that in the future the cost would be more. Amendment -- Ferris moved an amendment to the motion that the $.03/sq.ft. charge for never having had a main assessment for those persons in the benefit district be waived; and that there be a $.03/sq.ft. fee in-lieu-of a main payment for those who -- carried hook-up to the system later. Amendment carried 6 to 1. Cather - No. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-113 Resolution of findings of advisability and Resolution authorizing construction of Lateral 365, SWI (south of 47th Street South, east of West Street) Project No. 468-82587 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PLANT EQUITY FEES REQUEST FOR WAIVER: WATER AND SEWER PLANT EQUITY FEES (RUSSELL MILLS). Mr. Mills was unable to attend the Council meeting and asked for a deferral. Motion -- carried Ferris moved that this Item be deferred one week. Motion carried 7 to 0. SWB FRANCHISE ORDINANCE FRANCHISE ORDINANCE - SOUTHWESTERN BELL TELEPHONE COMPANY. Joe Lang City Attorney reviewed the Item. Agenda Report No. 96-270. The current five year franchise with Southwestern Bell (SWB) expired under its terms on June 18, 1994, and has been extended several times subsequently. SWB has agreed to continue operating under the current franchise until June 28, 1996, or until the effective date of the proposed franchise, whichever is first. (If approved by the Council on April 26 under the schedule presented, the new franchise will be effective on or about June 15, 1996.) During negotiations with SWB, the City sought to bring the franchise up to date in terms of compensation and engineering provisions. During these negotiations, the regulatory and competitive climate evolved considerably: The Kansas Supreme Court rendered an opinion defining the relationship between municipalities and telephone companies and Congress passed the sweeping Telecommunications Act of 1996. The new federal Act preserves the rights of local governments to manage their rights-of-way and to require fair and reasonable compensation from telecommunications providers on "a competitively neutral and nondiscriminatory basis." Designated Council members participated in negotiations and input was provided by staff of Engineering, Finance, City Manager, and Law. The City also used the services of its telecommunications consultant. SWB has given notice to its customers of the negotiations process. City staff is presenting this franchise ordinance with the concurrence of SWB. Staff is also submitting as a separate item an occupation tax on telecommunications providers; the purpose of this "generic" ordinance is to ensure that all telecommunications providers are compensating the City on a fair and competitively neutral basis. This franchise will grant Southwestern Bell Telephone Company the right to use City rights-of-way for the purpose of providing telecommunications services to the City and the inhabitants thereof. Under the Kansas Franchise Act (K.S.A. 12-2001 et seq.), a telephone company may be required to have a franchise in order to serve a city and to pay the city adequate compensation for the use of the right-of-way. The provisions of the proposed franchise ordinance are summarized as follows: A. Scope of Franchise. The franchise is granted for all telecommunications services (as defined in the new Federal Act) except for cable service. This is broader than the grant for telephone service in the current franchise. SWB must still seek a separate franchise for cable service. B. Use of Right-of-Way. The franchise continues and enhances engineering requirements: -- Use of the right-of-way is subject to all rules and regulations of the City and is subordinate to the City's use and projects. SWB is responsible for pavement cut fees and other charges not connected with telecommunications business. -- All new facilities must be placed underground unless obstructions make such location unreasonable. In addition, SWB will place present aboveground facilities underground in connection with capital improvement projects or upon specific request when the placement is practical, efficient, and economically feasible. -- SWB must keep as-built drawings of the location of facilities. In addition, SWB will provide location information upon request subject to confidentiality requirements. -- SWB will promptly remove or relocate facilities without cost to City for public improvement projects. -- In an effort to conserve right-of-way by sharing, SWB will allow the use of its facilities by other entities to the extent required by State and Federal law. C. Compensation. Compensation is set at $1.81 per month for each access line served by SWB for local service. Payments will be made within 30 days of the end of the month. (This franchise marks a significantly different approach to compensation than the current franchise which is based upon 5% of gross receipts from certain defined accounts, with a guaranteed growth of 3% of the minimum annually.) Under the proposed procedure, the City will share in the growth or decline of SWB's local service. The compensation procedure was developed because of SWB's technical and legal ability to enter into new services as well as the potential for competition in SWB's traditional area of local service. If any other entity is able to provide local service in the City at lesser or no compensation, this franchise will be amended to allow SWB to pay such lesser amount. The franchise will also be amended in the event that federal or state law limits the maximum amount of compensation for franchise rights in the future. D. Term. The term of the franchise is for a three year initial term. SWB has the right to an additional three year term unless it is making no payments because of compensation contingencies. E. Adoption procedure. Under State law, the franchise must be read three times and published twice. It is effective on the 61st day after passage unless an election is called by petition. Compensation under the current franchise was $2,950,160 million for 1995. Under the proposed franchise, based upon the current number of access lines, compensation will be $4 million for the first year. SWB has shown historic growth in the number of access lines but uncertainties remain in the new competitive climate. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the Franchise Ordinance be placed on first reading and that Staff be instructed to continue to work with Southwestern Bell Telephone to resolve language discrepancies before the third reading of the Franchise Ordinance; and that the current franchise be extended until June 28, 1996, or the effective date of the new franchise, whichever is sooner. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance granting to Southwestern Bell Telephone Company, its successors and assigns, a Franchise and the right to construct, operate, maintain, and extend a telecommunication system in the City of Wichita, Kansas, prescribing the terms of said grant and relating thereto; and repealing Ordinance No. 40-649 and all other ordinances and resolutions and parts thereof inconsistent or in conflict with the terms hereof, read and under the rules laid over. BASEMENT FLOODING REPORT FROM BASEMENT FLOODING TASK FORCE. Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 96-271. The City Council directed a task force be formed to study basement flooding within the City and make recommendations. In the Spring and early Summer of 1995, there was an abnormally high level of precipitation. The groundwater in several areas of the City began to raise; some basements in those areas experienced flooding. On August 14, 1995, approximately six inches of rain fell in eight hours in the area of 55th Street South and Seneca. This rain overtaxed all drainage systems in the area. The already saturated sandy soil took on more water, compounding the problems of leaky basements. Basement flooding from groundwater raised questions on where basements should be constructed and what type of regulations should be put in place to control construction and prevent basement flooding. A task force was formed to discuss basement flooding and make recommendations to the City Council. These recommendations are as follows: 1. Set criteria that will educate homeowners and place construction elevation restrictions on lots in problem areas. 2. Hire a consultant to map problem areas in the community. Such maps would be made available to the public. 3. Place restrictions on plats that establish pad elevations for basement construction. 4. Set elevation restrictions on lots in problem areas that are part of old plats when builders come in for permits to alert them of problems in the areas of proposed construction. The first action to implement the Task Force recommendations would be to hire a consultant to develop appropriate maps that detail trouble spots in the community. (The Office of Central Inspection had maps that identified areas where basements were not recommended for construction; however, those maps need to be replaced and updated). Once the study and mapping is done, pad/ground elevations for basements can be set and restrictions placed on plats. The maps would also be available to give builders previously platted area information to set basement elevations above groundwater. The cost for consultant assistance in the development of maps is expected to cost $25,000. No budget has been established for this work. Therefore, the City Council could program such work in the revised 1996 budget or program in the 1997 budget. If the project is to be implemented in 1996, the following funding options exist: General Fund reserves; Stormwater Sewer Utility; or operating reserves in the OCI budget. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that Staff be authorized to solicit RFPs for a consultant to develop maps that detail problem areas and return to the City Council with a contract for services and a recommended budget; and that the funding be from the General Fund. -- carried Motion carried 7 to 0. Council Member Kamen momentarily absent. DEBATE WATCH RESOLUTION PERTAINING TO DEBATE WATCH '96 PROJECT. Gordon Bassham Public Information Officer reviewed the Item. Agenda Report No. 96-272. In November, citizens across the country will go to the polls to elect a President and members of Congress. This year, as in years past, those candidates for national public office are defining issues which are of critical importance to cities across the country. Yet, there is every indication that candidates for national office are articulating their positions on those issues, such as deficit reduction, localism, unfunded mandates, tax reform, public safety and investments, outside the context of meaningful dialogue with both local elected officials and the citizens they represent. In order to educate both national candidates and citizens across the country about the potential impact of the candidates' proposals regarding these critical issues, the National League of Cities has adopted an action plan designed to _ "Elevate selected national issues with broad local impacts, and influence candidates for federal office to explain how their proposed solutions to those issues will impact citizens and communities. _ "Educate citizens and NLC members who represent them about the potential impacts from candidates proposals, and equip that audience with enough information to examine candidates for the White House and Congress thoughtfully. _ "...to help pull Americans together around finding solutions to issues and achieving goals of common interest, instead of pursuing a traditional strategy of aggravating issues that divide people." As a way of influencing the candidates to explain how their proposed solutions will impact citizens and communities, the NLC has committed to participating in the Commission on Presidential Debates' Debate Watch `96 program. Studies have shown that voters typically identify candidate debates as the single most influential method of gaining meaningful information about candidates during a campaign. The Debate Watch `96 program, developed jointly by the Commission on Presidential Debates and the Speech Communication Association, encourages citizens to come together in small groups to view the Presidential and Vice Presidential debates. Following each debate, the Debate Watch participants then discuss in a meaningful way both the candidates and the issues they endorse in the context of their relevance to their own communities. The City of Wichita, like most cities around the country, has an interest in the outcome of the national elections inasmuch as policies articulated (then later implemented) by the winning candidates often have an impact on federal resources flowing into the community. To help educate local voters about the candidates and the importance of those critical urban issues, and as a way of influencing the candidates to "think locally," it is proposed that the City support the NLC action plan and explore ways to encourage the citizens of Wichita to participate in the Debate Watch `96 program. Council Member Ferris momentarily absent. Council Member Cole Council Member Cole suggested the League of Women Voters, state- wide, might also be called upon and that there might be a small Task Force formed within the City and County. Gordon Bassham Public Information Officer responded that it would be very appropriate to find people within the community with whom the City could work to reach out to as many people in the community as possible. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the resolution supporting the Debate Watch `96 program and the -- carried NLC Election `96 Action Plan be adopted. Motion carried 7 to 0. RESOLUTION NO. R-96-114 A Resolution of the City Council of the City of Wichita, Kansas, endorsing the National League of Cities "Election '96" Project and encouraging citizen participation in the Commission on Presidential Debates' Debate Watch '96 Project, presented. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. CHARTER ORDINANCE CHARTER ORDINANCE FOR PUBLIC BUILDING COMMISSION. Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 96-273. At the Wichita Public Building Commission (PBC) meeting of December 6, 1995, tentative approval was given a request from Unified School District No. 259 that the PBC undertake the issuance of lease revenue bonds on behalf of the District, to finance the acquisition of a $17 million data processing and telecommunications system. In order to complete this financing project, the PBC's authority must be expanded to include the financing of projects that consist entirely of equipment. U.S.D. 259 requested the assistance of the PBC in order to utilize the stronger financing authority of the PBC statutes. In September 1995, the District issued certificates of participation to finance the acquisition of certain equipment and software, under the authority of state law that permits lease purchase of equipment by school districts. Because this statute includes a provision that allows the legislature to retroactively cancel the authority for such lease purchase agreements, the District was unable to get an investment grade credit rating for these securities. Under state law, as amended by existing City Charter Ordinances, the PBC is authorized to issue lease revenue bonds to finance the costs of acquiring land and/or constructing, reconstructing, equipping and furnishing buildings, and to lease such buildings to governmental agencies. The proposed charter ordinance simply adds to this authority the purpose of acquiring and installing equipment to be leased to governmental agencies. The equipment project proposed by USD 259 is the result of the work of a 1993 citizens planning team whose strategic plan was adopted by the District. The strategic plan includes 17 action plans, including the development of a new integrated data system. Without the new data system, the strategic plan cannot be implemented. The proposed equipment project will replace a 10-year old system that is operating over capacity and cannot be expanded, and that was originally designed for voice only. The District spends $1 million annually to relocate cable due to street and utility construction projects, which would not be necessary with the new, microwave-based system. The new system will replace the existing mainframe computer located at the District's central data center with a distributed processing system in the form of a Wide Area Network consisting of personal computers linked through file servers by microwave and fiber optic technology. This "information highway" will allow users across U.S.D. 259 to access information from remote sites as quickly as if the user was located with the data center. The PBC bonds will be structured for amortization over the useful life of the equipment, estimated to be between five and seven years. It is expected that the bonds will be rated, reflecting the credit strength of U.S.D. 259, and sold competitively by sealed bid. The bonds will be secured by a lien on the equipment and paid from periodic lease payments from the District. Under PBC statutes, the lease obligation of U.S.D. 259 is not limited by the Cash-Basis Law and is not subject to annual appropriations. All expenses relating to the issuance of PBC bonds will be financed through the bond issue and paid by U.S.D. 259. If for any reason bonds are not issued, the District will be responsible for any cost that have to be paid. The charter ordinance will not be effective until 61 days following its publication after second reading. If during this period a petition opposing its adoption is presented, containing the signatures of at least 10% of the voters in the last citywide election, approval of the ordinance will be subject to a referendum. Mayor Knight left the Bench; Vice Mayor Kamen in the Chair. Bill Reagan Bill Reagan said a the updating of schools' technology (computers and telephones) was one of the strategies developed by a citizen's committee. Mayor Knight present; Vice Mayor Kamen in the Chair. The term of the bonds is anticipated to be five to seven years. The schools tend to use their equipment far longer than most businesses. Council Member Kamen Council Member Kamen stated that he needed additional information on the subject. Motion-- Kamen moved that this Item be deferred until Staff feels Council Members' questions have been answered; and that Staff set the date for the Item to be -- carried returned to the Council. Motion carried 7 to 0. Mayor Knight in the Chair. OCCUPATION TAX OCCUPATION TAX FOR PROVIDERS OF TELECOMMUNICATIONS SERVICES. Joe Lang City Attorney reviewed the Item. Agenda Report No. 96-274. During negotiations of the Southwestern Bell Franchise, Congress passed the Telecommunications Act of 1996. The Act speeds up the growing competition in the telecommunications industry and allows for the possibility of competition in local service as well as allows local telephone providers to get into other competitive services. In preserving the right of local municipalities to manage their rights-of-way (including the requirement of franchises), the Act precludes local governments from erecting barriers to entry of telecommunications service providers and requires that local governments seek compensation on a competitively neutral and nondiscriminatory basis. This proposed occupation tax on providers of telecommunications services is intended to be revenue neutral. For some time, City staff, municipal organizations, and consultants have expressed concern about the potential of erosion of franchise revenue due to new technology and regulations. For example, the growing use of wireless communications brings scenarios where providers may not initially seek a franchise for providing telecommunications service or may even be exempt from a franchise. The proposed new Southwestern Bell franchise provides that Southwestern Bell may reduce franchise payments to the City to the extent that other entities are able to provide local service at a lesser rate of compensation to the City. Among the purposes of the occupation tax is the protection of the City's revenues by replacement revenues in the event new providers erode traditional franchised service. This ordinance was drafted with the assistance of outside legal counsel and a telecommunications consultant. An occupation tax is levied on the privilege of engaging in the business of furnishing telecommunications services in the City. The occupation tax is levied on all providers at the rate of $1.81 per month for each access line serviced by the providers of local telecommunications service. Definitions are consistent with those used for the proposed new Southwestern Bell franchise, many of which are taken from the Telecommunications Act of 1996. The "access line" definition used for calculation of the tax is consistent with that used in the Southwestern Bell franchise. The ordinance establishes a uniform method by which new telecommunications providers can become licensed to provide service in the City on a competitively neutral basis. Reporting requirements will be established by the City and monthly payment is required within 30 days. Failure to make the payment is a misdemeanor. To keep the occupation tax competitively neutral, any telecommunications provider operating under a franchise for use of the right-of-way will be credited with any franchise payments. The payment of the occupation tax, however, does not relieve an entity from seeking a franchise when required to do so. This is a Home Rule revenue measure and special procedures are required for its adoption under K.S.A. 12-137. A two-thirds vote of the governing body is required, and the ordinance is effective on the 61st day after passage unless there is a successful petition for an election. The main intent of this occupation tax is to provide the telecommunications industry with equal access to the local market without discriminating against current and future franchisees who are compensating the City for the rights and privileges under a franchise. As a result, the City should be able to maintain a stable revenue stream irrespective of the nature or number of telecommunications service providers. Any growth in revenue should be as a result of increased telecommunications business rather than increased taxes on an individual provider or user. Council Member Gale momentarily absent. Motion -- Ferris moved that the Ordinance be placed on first reading and that second reading be at the same time as the final reading of the Southwestern Bell -- carried Telephone Franchise Ordinance. Motion carried 7 to 0. ORDINANCE An Ordinance of the City of Wichita, Kansas, establishing an occupation tax for providers of telecommunications services within the City of Wichita, introduced and under the rules laid over. CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENT TO CIVIL RIGHTS AND SERVICES BOARD. One appointment (Cole), for a term expiring June 30, 1997. Motion -- carried Cole moved that this Item be deferred two weeks. Motion carried 7 to 0. APPOINTMENT TO WICHITA PUBLIC BUILDING COMMISSION. One appointment (Kamen), for a term expiring June 30, 1997. Motion -- carried Kamen moved that this Item be deferred two weeks. Motion carried 7 to 0. APPOINTMENT TO WICHITA/SEDGWICK COUNTY ALCOHOL AND DRUG ABUSE ADVISORY BOARD. One appointment (youth-Council at large), for a term to expire June 30, 1997. Mayor Knight Mayor Knight asked that the City Manager make a recommendation for this appointment. APPOINTMENT TO WICHITA COMMISSION ON THE STATUS OF WOMEN. One appointment (Knight), for a term to expire June 30, 1997. Motion -- Knight appointed Tin Mei Hsiao, 1743 Amarado Court, 67212, and moved that the -- carried appointment be approved. Motion carried 7 to 0. NOTICE OF VACANCY - CONVENTION & TOURISM COMMITTEE. One vacancy (Rogers), due to the resignation of Gail Finney, for a term to expire June 30, 1997. Appointment will be made April 16, 1996. TRAVEL AUTHORIZATION APPROVAL OF MAYOR AND SPOUSE TRAVEL TO ORLEANS, FRANCE TO ATTEND JOAN OF ARC FESTIVAL, MAY 6-10, 1996. Motion -- carried Ferris moved that the travel expense be authorized. Motion carried 7 to 0. PROCLAMATIONS PROCLAMATIONS. -- Days of Remembrance of the Victims of the Holocaust -- Kansas Masonic Mile of Food Month -- Melanoma/Skin Cancer Prevention and Detection Month -- Compeer Friendship Week -- Organ and Tissue Donor Awareness Week -- National Association of Insurance Women Week Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. OFF AGENDA ITEM PRESENTATION OF AWARD FROM THE CONVENTION AND VISITORS' BUREAU. Motion -- Cole moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 7 to 0. Council Member Cole Council Member Cole presented the City's award from the Convention and Visitors' Bureau which recognized the City for improving and increasing opportunities for tourism and convention in the area and enhancing the image of Wichita. OFF AGENDA ITEM 1996 CAPITAL IMPROVEMENT PROGRAM (CIP). Motion -- Ferris moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 7 to 0. Council Member Ferris Council Member Ferris inquired when the Council could expect the 1996 CIP. Chris Cherches City Manager said it was hoped the CIP could be in the Council's hands within one week to ten days. OFF AGENDA ITEM BANNING SPIKES FROM THE PUBLIC GOLF COURSES. Motion -- Ferris moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 7 to 0. Motion -- Ferris moved that the Park Board hold a public hearing and return with recommendations regarding whether spiked golf shoes should be banned from public golf courses and, if so, whether there should be a phase-in of the ban. Council Member Ferris Council Member Ferris said the ban would protect the greens and cut down on maintenance costs. -- carried Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 36, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED APRIL 1,1996. At 10:00 a.m., Friday, March 29, 1995, 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 4/1/96) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1996 Arterial Sidewalk and Wheelchair Ramp Construction (Phase II) at various locations. (472- 82685/706317/405185) Traffic to be maintained through construction. (Council approval date 01-23-96) (District all) Barclay Construction - $204,405.00 1996 Contract Maintenance Surface Milling and Asphalt Concrete Overlay of Arterial Streets, Phase II, at: Intersections of 21st N and Woodlawn; 21st N and Rock Road; and Kellogg and Rock Road. (/132282/621029 (MH Adj)) Traffic to be maintained through construction. (Council approval date 01-23- 96) (District II) Cornejo & Sons - $434,300.00 Wichita Environmental Education Center Parking Lot at Chisholm Creek Park (at the northwest corner of Woodlawn and 29th Street North). (472-82670/785501/440081) Traffic to be maintained to the Wichita Environmental Education Center building through construction. (Council approval date 01-23-96) (District I) Ritchie Paving - $345,394.30 Storm Water Sewer #471 to serve Friends University Addition (south of Maple, east of Meridian). (468- 82552/750752/485111) Traffic to be maintained through construction. (Council approval date 12-12-95) (District VI) WB Carter Construction Co., Inc. - $285,253.00 (Engineer's Construction Estimate) Water Distribution Systems to serve (88309) Cranmer Addition (north of 21st, west of Maize), (88348) Agape Addition (east of Maize, south of 23rd), (88633) Timber Ridge Second Addition (south of 21st, east of Maize), and (88939) Chadsworth Commercial Second Addition (north of 21st, east of Maize). (448-88309/732834/ 470361) (448-88348/732842/470362) (448- 88633/732859/470363) (448-88939/732917/ 470369) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-12-88/12-20-88/09-15-92/ 08-01-95) (District V) Wildcat Construction Company - $163,195.00 Knight moved that the contracts be awarded as outlined above, subject to check, same being the lowest and best bids within the Engineer's construction estimate, and the Mayor be authorized to sign the contracts for the City. Motion carried 7 to 0. PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: CENTRIFUGAL CHILLERS FOR CENTURY II ENERGY CENTER AS PER SPECIFICATIONS The Trane Company/Div. American Standard - $312,946.00 (Total Net Bid) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION AND POLICE DEPARTMENT: NINETEEN (19) COMPACT FOUR-DOOR SEDANS (130807 and 084004) AS PER SPECIFICATIONS Don Hattan Chevrolet, Inc. Item 1 - $106,101.00 (Total Net Bid) Item 2 - $117,890.00 (Total Net Bid) Option 1 - Lump Sum - Deduct ($8,600.00) PARK & RECREATION DEPARTMENT: FERTILIZER 10-10- 10 WITH TEAM HERBICIDE (173286-3902) AS PER SPECIFICATIONS Bartels & Shores Chem Co. - $12,246.64 (Total Net Bid) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: JOINT AND CRACK SEAL AS PER SPECIFICATIONS Paving Maintenance Supply, Inc. - $136,578.00 (Total Net Bid) WATER & SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION AND PRODUCTION & PUMPING DIVISION: SODIUM HYPOCHLORITE (182311) AS PER SPECIFICATIONS Advance Chemical Dist Item 1 - .49 Per Gallon (Bulk Delivery) Item 2 - .74 Per Gallon (55 Gallon Drums) WATER & SEWER DEPARTMENT/WATER DISTRIBUTION DIVISION: WATER METERS (181222-5401) AS PER SPECIFICATIONS Group 1 - Badger Meter, Inc. Item 1 - $22.22 per each# Item 2 - 41.53 per each# Item 3 - 55.65 per each# Item 4 - 9.50 per each#@ Item 5 - 9.50 per each# Item 6 - 17.75 per each# Item 7 - 8.75 per each# Item 8 - 8.75 per each# Item 9 - 8.75 per each#@ Item 10 - 3.00 per each#@ Item 11 - 4.25 per each#@ Item 12 - 6.00 per each#@ Item 13 - 10.50 per each#@ Item 14 - 11.75 per each#@ Item 15 - 20.75 per each#@ Group 2 - Hajoca Corporation Item 1 - $233.51# Item 2 - 55.49# Item 3 - 56.60# Group 3 - Metron-Farnier Item 1 - $948.00 per each# #Plus Applicable Sales Tax @Exchange Plan VARIOUS: FLASHLIGHT BATTERIES AS PER SPECIFICATIONS Hajoca Corp. Item 1 - .15 per each** Item 2 - .31 per each** Item 3 - .33 per each** Item 4 - .18 per each** Item 5 - .48 per each** Item 6 - .19 per each** Item 7 - .20 per each** Item 8 - .59 per each** Item 9 - .21 per each** Item 10- 2.15 per each** Item 11- 4.14 per each** Item 12- 1.16 per each** Item 13- 7.38 per each** Item 14- .54 per each** Item 15- .70 per each** Item 16- 1.13 per each** ** 1%-10th Knight moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1996 (Consumption on Premises) Steven A. Miklosi Barnacle Bill's FantaSea*3330 N. Woodlawn (Consumption off Premises) Lester L. Koehler Annex Carry Out729 E. Boston Roy E. Brockmeier Quik Trip #329R5602 E. Harry Wal-Mart Stores, Inc. Sam's Club #82546200 W. Kellogg Robert J. Bales Klepper Oil Company, Inc.2601 N. Broadway New Establishment (Consumption off Premises) Ly Ngoc Thi Nguyen Thai Binh Market1530 W. 21st Street *General Retailer--beer sales derive less than 50% of gross revenues. 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. 1996 Contract Maintenance Micro-Surface Seal of Arterial Asphalt Streets at various locations. (132274/112000) Traffic to be maintained during construction. (Council approval date 01-23-96) (District all) b. 1996 Contract Maintenance Reclamite Seal of Residential Streets at various locations. (131540/112000) Traffic to be maintained during construction. (Council approval date 01-23-96) (District all) c. Sewer Response Plan - Collector Relief Sewer (Everett & Lydia, south to Bennett & Savannah). (468- 82583/632505/533321) Traffic to be maintained through construction. (Council approval date 07-18-96) (District IV) d. Sewer Response Plan - Phase IIa Rehabilitation. (468-82584/621292/533240) Traffic to be maintained through construction. (Council approval date 07-18- 95) (District all) e. Sewer Response Plan - Phase IIb Rehabilitation. (468-82585/621300/533241) Traffic to be maintained through construction. (Council approval date 07-18- 95) (District all) f. Water Line along Glenn from McCormick to north of Munnell, Munnell from Hiram to Glenn, Millwood from McCormick to north of Dayton, Dayton from Vim to Millwood, Elizabeth from McCormick to north of Dayton. (448- 88991/634295/544429) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 12, 1996. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Bikeway System along the Big River, Central from Waco to the Big River and along I-135. (472- 82707/785394/440070) Traffic to be maintained through construction. (Council approval date 11-01-94) (District 1,2,3,5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 19, 1996. Motion carried 7 to 0. a. 1996 Contract Maintenance Bridge Deck Resurfacing at 2nd Street over the Canal, Eastbound Central over the Canal, 21st Street over the Big Arkansas River and westbound Harry Street over I-135. (132449) Traffic to be maintained through construction. (Council approval date 01-23-96) (District all) b. McLean Boulevard Improvements from Meridian through Seneca. (472-82448/448- 88941/705897/633107/405143/544375) Two-way through traffic will be provided between Meridian and Seneca during construction. The East approach to the Seneca/McLean intersection will be closed to through traffic. (Council approval date 03-19-96) (District 4 & 6) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 26, 1996. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATE. Sewer Response Plan - Raise Buried Manholes (1996 - Set 1) at various locations - $120,000.00. (468- 82574/621284/) Traffic to be maintained through construction. (Council approval date 07-18-95) (District all) Motion -- Knight moved that the preliminary estimate be approved and filed. Motion -- carried carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST. a. (Second Partial) Park CIP Project - $18,380.00. (440075/785444/Land Acquisition) b. (Fourth Final Partial) Park CIP Project - $9,277.00. (440060/785295/South Lakes Park Land Acquisition & Improvements) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 7 to 0. FOREST LAKES PETITIONS PETITIONS FOR PAVING, SANITARY SEWER, AND WATER DISTRIBUTION SYSTEMS TO SERVE FOREST LAKES ADDITION (NORTH OF 29TH STREET, WEST OF RIDGE ROAD). (District V) Agenda Report No. 96-275. The signature on the petitions represents 100% of the improvement districts. Forest Lakes Addition was platted in April 1993 as a single family neighborhood. The first phases of the development have been completed. The developer has submitted new petitions to reconfigure the balance of the area to accommodate the current lot sales rate. The projects total $576,600. The funding source is Special Assessments. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-115 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89021 (north of 29th, west of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-116 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-89022 (north of 29th, west of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-117 Resolution of findings of advisability and Resolution authorizing construction of Lateral 13, Main 17, Southwest Interceptor (north of 29th, west of Ridge) Project No. 468-82577 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-118 Resolution of findings of advisability and Resolution authorizing construction of Lateral 14, Main 17, Southwest Interceptor (north of 29th, west of Ridge) Project No. 468-82578 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-119 Resolution of findings of advisability and Resolution authorizing improving of Shadow Lakes from the west line of Lakecrest to the east line of Lot 26, Block 3, and the east line of Lot 13,Block 4; Lakecrest from the north line of Shadow Lakes to the north line of Lot 36, Block 3, and the north line of Lot 2, Block 5; and sidewalk on the north side of Shadow Lakes from the west line of Lakecrest to the east line of Lot 26, Block 3, Project No. 472-82698 (north of 29th, west of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-120 Resolution of findings of advisability and Resolution authorizing improving of Tee Time from the west line of Lakecrest to the north line of Lot 34, Block 4, and the north line of Lot 15, Block 5; Lakecrest Circle serving Lots 13 through 26, Block 4; and sidewalk on the east side of Tee Time, from the west line of Lakecrest to the north line of Lot 15, Block 5, Project No. 472-82699 (north of 29th, west of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Appeals of Plumbers and Gas Fitters, 3/5/96 Board of Code Standards and Appeals, 3/4/96 Board of Housing Commissioners, 12/7/95 Board of Park Commissioners, 3/11/96 CPO Northeast Council 1, 3/11/96 CPO East Council 2, 3/11/96 CPO Southeast Council 3, 3/14/96 CPO Southwest Council 4, 3/14/96 CPO Northwest Council 5, 3/13/96 Civil Rights & Services Board, 3/14/96 Human Services Board, 2/22/96 Sister Cities Advisory Board, 3/1/96 Wichita Airport Authority, 3/4/96 Wichita Art Museum, 3/7/96, 3/6/96, 2/29/96, 2/22/96 Wichita Commission on the Status of People With Disabilities, 2/28/96 Wichita Commission on the Status of Women, 3/6/96 Wichita Employees' Retirement System, 2/28/96 Wichita Police & Fire Retirement System, 2/28/96 Wichita/Sedgwick County Board of Health, 3/14/96 Wichita/Sedgwick County Metropolitan Area Planning Commission, 2/29/96 Wichita/Sedgwick County Solid Waste Management Committee, 2/5/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. EASEMENTS/DEDICATIONS EASEMENTS AND DEDICATIONS. a. Drainage Easement dated March 7, 1996, from Investors Group, Inc. for a tract in Robbins Farm Second (Private Project, Index #763441) (no cost to City). Has been filed and recorded. b. Easement dated January 16, 1996, from Investors Group, Inc. for a tract in Robbins Farm Forth (Lateral 351, Southwest Interceptor Sewer, Index #742502) (no cost to City). Has been filed and recorded. c. Easement dated March 19, 1996, from Jack and Mary Sentel for a tract in Parkman's Second Addition (Northwest Water Transmission Line, Index #632208) (no cost to City). d. Easement to be dated when signed by Mayor from City of Wichita for a tract in Lemon Addition (Northwest Water Transmission Line, Index #632208) (no cost to City). Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures considered. HILLTOP MANOR HILLTOP MANOR/HORIZON GYM RENOVATION. (District IV) Agenda Report No. 96-277. The Hilltop Manor/Horizon Gym building located at 1329 South Terrace was used in recent years as a Salvation Army Building. Possession of the building was returned to the City of Wichita in September 1995. The neighborhood is in need of an activity center for the youth in the area. The building needs extensive renovation work before a program can be implemented. The Staff Screening and Selection Committee interviewed several firms, and recommends that Kevin Daves & Associates, Architects be awarded the project to design improvements to the building. In March 1995, the City Council approved Community Development Block Grant (CDBG) funds for renovation work for this facility. The funding source is 1995/96 CDBG funds. Payment to Kevin Daves & Associates, Architects will be made in an amount not to exceed $17,850 plus up to $1,500 in reimbursable expenses. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF A PORTION OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF MURDOCK AND MAIN (TRACT #2) FOR THE MURDOCK IMPROVEMENT PROJECT. (District VI) Agenda Report No. 96-278. The Murdock Improvement Project from Waco to Wabash, approved by City Council on June 14, 1994, will require the partial acquisition from fourteen tracts along Murdock from Waco to Wabash. One of these tracts is tract #2, which is owned by BJH Properties, Inc. The property is more accurately described in the tract map and legal description. Murdock will be upgraded to a five lane arterial standard. The subject tract contains approximately 78.96 square feet. Due to the small size of the takings, the estimated value of the properties are minimal. The property owner has agreed to sell the property to the City of Wichita for $500. The 1994 Capital Improvement Program includes $150,000 to acquire the necessary right-of-way for the project along Murdock from Waco to Wabash. The funding source is General Obligation Bonds. The budget of $625 includes $500 for acquisition and $125 for closing costs, as well as title insurance. A budgeted amount of $4,100 has already been approved for the purchase of twelve other tracts. After the purchase of this parcel, there will be one more tract left to purchase for the project. Motion -- Knight moved that the budget and purchase be approved; the Contract be approved; and the Mayor be authorized to sign the necessary documents. Motion carried -- carried 7 to 0. IRB - BREN-N, INC. EXTENSION OF LETTER OF INTENT (BRE-N, INC., FOX RUN APARTMENTS). (District II) Agenda Report No. 96-279. On September 26, 1995, the City Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not to exceed $6,200,000 to BRE-N, Inc. Bond sale proceeds will be used for the acquisition and rehabilitation of the Fox Run Apartments, a proposed multi-family housing project for low and moderate income families, located at 1157 S. Webb Road. The Fox Run Apartments are a 336-unit apartment complex located in southeast Wichita on approximately 16 acres of land near Harry and Webb Road. The property consists of 21 two-story apartment buildings and includes a 3,000 square foot clubhouse/office, laundry facilities, tennis courts and a swimming pool. Each unit has a patio or balcony. The project is in need of exterior improvements, including parking lot repairs, painting, roofs, and concrete work. The interiors need new appliances and carpeting. BRE-N, Inc. is requesting that the City council extend their Letter of Intent to December 31, 1996. City Policy provides for extensions for six-month periods. The reason for requesting an extension of the Letter of Intent is that BRE-N was not able to obtain a private activity bond allocation from the Kansas Department of Commerce and Housing in 1995. BRE-N is in the process of applying for a 1996 allocation and will issue bonds as soon as they receive an allocation. BRE-N, Inc. agrees to pay all costs of issuing the bonds and agrees to the City's administrative fee for the term of the bonds. Costs for extending the Letter of Intent will be included in the costs to issue the bonds. Motion -- Knight moved that the request for an extension of BRE-N's Letter of Intent for a -- carried six-month period to October 3, 1996, be approved. Motion carried 7 to 0. SNOW AND ICE BUDGET SNOW AND ICE BUDGET ADJUSTMENT. (District all) Agenda Report No. 96-280. The Snow and Ice Budget provides for materials and equipment to address the problem of snow and ice on streets and bridges. When the weather is mild, the current funding level is adequate to meet operational needs. Both sand/salt mixture and calcium chloride are used to treat icy pavement. As these materials are used, stocks are replenished so that crews are adequately prepared for future storms. In the spring of 1996, frequent storms necessitated the use of both sand/salt material and calcium chloride when temperatures fell below freezing. The 1996 the Snow and Ice Budget contains $76,550 for commodities such as de-icing materials, as well as replacement snow plow blades and other items (parts, shovels, tarps, etc.). Funds for commodities in this budget are currently depleted. An additional $16,000 is needed for the restocking of de-icing materials to be stored until the next winter storm. Crews were called out for emergency operations on December 29-January 3, January 5-6, January 18-19, January 22-23, January 25-26, and January 31-February 1. The frequency of winter storms required the use of salt/sand mix and calcium chloride. Over $73,000 has been spent to date replenishing the de-icing materials. The Snow and Ice Budget has contingency funds for expenditures above the amounts budgeted for average years. It is requested that $16,000 be transferred from contingency to restock de-icing materials. The Snow and Ice Budget has a sufficient contingency budget to provide for the requested transfer. Motion -- carried Knight moved that the Budget Adjustment be approved. Motion carried 7 to 0. EAST BANK IMPROVEMENTS EAST BANK IMPROVEMENTS. (District VI) Agenda Report No. 96-281. The 1996 Capital Improvement Program includes funding to improve East Bank streets (CIP No. CA-9601) associated with the new East Bank Hotel. The Staff Screening and Selection Committee has selected Savoy, Ruggles, and Bohm to prepare construction plans. The streets to be improved are: * Waterman, from Wichita to Main Street * Wichita, from Waterman to Lewis * Lewis, from the east end of the Maple/Lewis Bridge to Main Street The project budget is $1,743,000. The funding source is General Obligation Bonds. The consultant design fee is $72,000. At this stage in the design development process, the extent and estimated cost of brick pavers and other downtown enhancements has not been determined. However, the design concept contemplates that these streets will have enhancements that will compliment the aesthetics of this area and also compliment the hotel site. Motion -- Knight moved that the Project be approved; the Contract be approved and the Mayor be authorized to sign; and the Ordinance be placed on first reading. Motion -- carried carried 7 to 0. ORDINANCE An Ordinance declaring Waterman from Wichita to Main, Wichita from Waterman to Lewis, and Lewis from the east termination of the Maple/Lewis Street Bridge to Main (East Bank Streets) (472-82628) 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. (ITEM NO. 36) ROCK ROAD IMPROVEMENT ROCK ROAD IMPROVEMENT, FROM THE RAILROAD TRACKS SOUTH OF 45TH STREET NORTH TO 45TH STREET NORTH. (District II) Council Member Ferris Council Member Ferris questioned this portion of Rock Road improvements being paid by the City at-large as an arterial. Chris Cherches City Manager said this particular area continually washboards and the maintenance costs are high. The City Manager said he would bring back a report in one week. Motion -- carried Ferris moved that this Item be deferred one week. Motion carried 7 to 0. EQUIPMENT PURCHASE PURCHASE COMMUNICATIONS EQUIPMENT FOR PUBLIC WORKS AND POLICE DEPARTMENT. Agenda Report No. 96-283. The Public Works Street Maintenance has requested eight (8) hand held radios and eight (8) 800 MHz, 100 watt chargers. Equipment will enable field supervisors to communicate with operators when they are outside of their vehicles, enhancing safety and productivity. Equally important, the radios will add to efficiency during emergency snow and ice operations, as well as other emergency operations. The Police Department has requested 32 mobile radios, 23 mobile chargers and cable kits. Equipment is for additional police officers, funded from additional Public Safety appropriations. The equipment to be purchased must be compatible to the 800 MHz trunked communications system operated by the Department of Emergency Communications. The equipment must be integrated into the shared mobile relay to provide efficient and dependable range and clarity of communications. To be compatible with the existing 800 MHz System (which was purchased from Motorola) and fully integrate into this system the equipment purchased is available only from Motorola Communications and Equipment. The purchase of this radio equipment will cost $106,863. There are sufficient funds available for the purchase of this equipment from 1996 adopted budget. The Purchasing Ordinance No. 35-856, Section 2(b) provides for the purchase of equipment and supplies from sole sources of supply without advertising for bids. Motion -- Knight moved that the radio equipment purchase from Motorola Communications and Equipment in the amount of $106,863 be approved under the provisions of the -- carried purchasing ordinance for sole source of supply. Motion carried 7 to 0. PHMAP REPORT ON PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM (PHMAP) FOR FISCAL YEAR 1995. Agenda Report No. 96-284. On March 13, 1992, HUD implemented final regulations establishing the Public Housing Management, Assessment Program (PHMAP) for all PHA's with more than 500 Public Housing units. PHMAP establishes performance measures for PHA's in such areas as unit vacancies, modernization (CIAP), outstanding work orders, and inspection and repair of units. PHMAP regulations compute mathematical-weighted scores for each performance measure which is translated into a letter grade (A,B,C,D,E) for each measure. A total weighted score is computed for all performance measures in determining a PHA's overall PHMAP score. On a scale of 0-100, a score of less than 60% can cause a PHA to be designated "troubled" by HUD. This designation can affect future HUD funding. PHMAP scores between 60%-89% are designated "standard". Scores of 90% or more qualify a PHA for a "high achiever" designation. A "high achiever" designation can result in less reporting and oversight by HUD. Indicators #2 - Modernization, #4 - Energy Consumption, #9 - Operating Reserves and #10 - Routine Operating Expenses are completed from information contained in quarterly reports and computed by HUD. The authority anticipates a good score, however, actual calculations of the 1995 score for the Public Housing Management Assessment Program will be dependent upon actual HUD rating of Indicators #2, #4, #9, and #10 and approval of Modification #1 to Indicator #5, Unit Turnaround. Motion -- Knight moved that the Report and the Board of Housing Commissioners' Resolution -- carried be approved. Motion carried 7 to 0. PLAYGROUND EQUIPMENT PLAYGROUND EQUIPMENT & REHABILITATION. Agenda Report No. 96-285. The 1996 Capital Improvement Program (CIP) provides $40,000 for rehabilitating, replacing, and developing playgrounds on a systematic basis. Private sponsors and donors will be solicited for individual playgrounds and City funds will be used on a matching basis. The estimated cost of the project is $40,000 and the funding source is general obligation bonds. Motion -- Knight moved that the project be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-96-121 A Resolution finding it necessary to make certain improvements to various park playgrounds and authorizing the issuance of bonds by the City of Wichita at large to finance such improvements, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. HUD CONSOLIDATED PLAN HUD CONSOLIDATED PLAN - 1996-97 ONE YEAR ACTION PLAN. Agenda Report No. 96-286. On March 19, 1996, the City Council approved 1996/97 funding allocations for the Consolidated Plan. The Consolidated Plan includes Community Development Block Grant, HOME and Emergency Shelter Grant funds. Following the allocations, HUD requires the proposed One Year Action Plan be prepared listing the projects to be undertaken, their location and proposed activities. The proposed One Year Action Plan is to be submitted for a 30-day public comment period prior to final adoption by the City Council. The preliminary 1996/1997 One Year Action Plan lists the federal resources expected to be available to address the priority needs previously adopted by the City Council, a description of the activities (projects to be funded by the City Council), the geographic location of the activities and homeless, and other special needs activities to be undertaken. The proposed Plan also includes unobligated funds from program income and previously funded project balances. These funds will be used to finance the economic development loan, Heartspring development and serve as a contingency for the job training project and neighborhood center rehabilitation projects. The previously allocated Housing Partnership funds are proposed to be carried into the 1996/97 program year. The 1996/97 One Year Action Plan covers the period beginning July 1, 1996 and ending June 30, 1997. The 1996-1997 Consolidated Plan totals $7,578,450 and is comprised of an estimated $5,802,000 in grant funds, $618,900 1996/97 projected program income (all but $90,000 of projected income is derived from revolving funds such as Historic Loans) and $210,000 current year program income. A total of $690,550 in prior year allocated funds are being carried forth along with $257,000 in program balances. All but $32,000 of the Consolidated Plan funds have been previously been allocated by the City Council, or, are committed to revolving funds, or, are reserved for City Council priorities. The City has met federal requirements to proceed with issuance of a preliminary One Year Action Strategy. A thirty day public comment period is required. If approved by the City Council, the public comment period would begin on April 4, 1996 and end on May 3, 1996. The City Council would consider any public comments at its May 7, 1996, meeting as a part of the final adoption of the 1996/97 One Year Action Plan. Motion -- Knight moved that the 1996/97 One Year Action Plan, as a substantial amendment to the Consolidated Plan, be approved and staff be authorized to initiate the public -- carried comment period. Motion carried 7 to 0. LEGAL SERVICES CONTRACT CONTRACT FOR LEGAL SERVICES. Agenda Report No. 96-287. By the Agreement, the City of Wichita will use the professional services of the Duncan & Allen law firm to provide legal advice on electrical rate matters and assistance in electrical rate proceedings to the extent requested by the City. Within the scope of the agreement, the attorneys may retain consultants and experts if needed The Agreement is for a not-to-excced sum of $50,000. These services will be paid out of the General Liability Fund. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First reading 3/26/96) ORDINANCE NO. 43-115 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of North Shore Boulevard from the north line of 21st Street North to the north line of Lot 1, Block 1, North Lakes Addition (north of 21st, east of Ridge), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (472-82376/762294/490-332) ORDINANCE NO. 43-116 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of North Shore Circle from the east line of North Shore Blvd. to and including the cul-de-sac; and North Shore Courts from the east line of North Shore Circle to and including the cul-de-sac serving Lots 18 through 30 and Lots 35 through 41, Block 1, Barefoot Bay (north of 21st, east of Ridge), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (472- 82478/762642/490-367) ORDINANCE NO. 43-117 An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the US-54 (East Kellogg) and Oliver interchange project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-118 Ordinance changing the zoning classifications or districts of certain lands located 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 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3196 PLANNING AGENDA Marvin Krout Director of Planning stated that Items 43, 47, 48, and 49 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 43, 47, 48, and 49 be approved as -- carried consensus Items. Motion carried 7 to 0. S/D 95-55 S/D 95-55 - PLAT OF THE TURTLE RUN 3RD ADDITION, LOCATED SOUTH OF PAWNEE AND WEST (Item No. 43) OF WEBB ROAD. (District II) Agenda Report No. 96-288. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. While this is a replat of a portion of an existing plat, new petitions, all 100%, have been submitted for sanitary sewer, municipal water, drainage and paving improvements. A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets this covenant also requires that four (4) off-street spaces be provided for each such lot. This site is within the noise impact area of McConnell AFB and an avigational easement and restrictive noise covenant were required. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Water 100 Percent Petition for construction of Water Distribution System Number 448-89025 (south of Pawnee, west of Webb) ($40,000 S.A.) (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-89026 (south of Pawnee, west of Webb) ($58,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 131, War Industries Sewer (south of Pawnee, west of Webb) Project No. 468-82588 ($45,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 132, War Industries Sewer (south of Pawnee, west of Webb) Project No. 468-82589 ($94,000 S.A.) (Hold for development) Drainage 100 Percent Petition for construction of Storm Water Sewer No. 476 (south of Pawnee, west of Webb) Project No. 468-82590 ($80,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Cooper from the south line of Carson to the south line of Pawnee Avenue; Carson from the east line of Cooper to the east line of Lot 11, Block 4, and; sidewalk to be installed on one side of each street, Project No. 472-82702 (south of Pawnee, west of Webb) ($112,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Cooper from the south line of Turtle Run Third Addition to the south line of Carson; Marion and Cypress from the west line of Cooper to the west line of Cooper, and; Scott from the west line of Cypress to the west line of Turtle Run Third Addition, Project No. 472-82703 (south of Pawnee, west of Webb) ($170,000 S.A.) (Hold for development) Documents Easement, Certificate of Petitions, and Restrictive Covenants from Pawnee Development by Devoe Treadwell. 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-96-122 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89025 (south of Pawnee, west of Webb) 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-123 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89026 (south of Pawnee, west of Webb) 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-124 Resolution of findings of advisability and Resolution authorizing construction of Lateral 131, War Industries Sewer (south of Pawnee, west of Webb) Project No. 468-82588 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-125 Resolution of findings of advisability and Resolution authorizing construction of Lateral 132, War Industries Sewer (south of Pawnee, west of Webb) Project No. 468-82589 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-126 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 476 (south of Pawnee, west of Webb) Project No. 468-82590 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-127 Resolution of findings of advisability and Resolution authorizing improving of Cooper from the south line of Carson to the south line of Pawnee Avenue; Carson from the east line of Cooper to the east line of Lot 11, Block 4, and; sidewalk to be installed on one side of each street, Project No. 472-82702 (south of Pawnee, west of Webb) 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96-128 Resolution of findings of advisability and Resolution authorizing improving of Cooper from the south line of Turtle Run Third Addition to the south line of Carson; Marion and Cypress from the west line of Cooper to the west line of Cooper, and; Scott from the west line of Cypress to the west line of Turtle Run Third Addition, Project No. 472-82703 (south of Pawnee, west of Webb) 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. DP-200/Z-3197 DP-220 - CESSNA 21ST STREET TRAINING ASSEMBLY COMPLEX COMMERCIAL COMMUNITY UNIT PLAN; AND Z-3197 - ZONE CHANGE FROM 'B' MULTIPLE FAMILY DWELLING DISTRICT TO 'LC' LIGHT COMMERCIAL AND 'C' COMMERCIAL, LOCATED AT THE NORTHEAST AND NORTHWEST CORNERS OF 21ST STREET NORTH AND JARDINE DRIVE. (District I) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-289. Staff Recommendation: Approve, subject to conditions. CPO Recommendation: Approve, subject to conditions. MAPC Recommendation: Approve, subject to conditions. Motion -- Rogers moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Z-3197 Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3197 V-1950 PUBLIC HEARING - V-1950 - REQUEST TO VACATE A UTILITY EASEMENT IN AN AREA NORTH OF 21ST STREET NORTH. (District I) Agenda Report No. 96-290. Staff Recommendation: Approve vacation of the utility easement. MAPC Recommendation: Approve vacation of the utility easement. Dedication Dedication from City of Wichita. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Rogers moved that the public hearing be closed, the vacation and dedication be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the Dedication be recorded with the Register of -- carried Deeds. Motion carried 7 to 0. DP-59/Z-3199 DP-59 - AMENDMENT #5 - AMENDMENT TO PARCEL 1 OF THE FARMINGTON SQUARE RESIDENTIAL COMMUNITY UNIT PLAN; AND Z-3199 - ZONE CHANGE FROM 'R-5' GENERAL RESIDENCE DISTRICT TO 'LC' LIGHT COMMERCIAL, LOCATED ON THE EAST SIDE OF RIDGE ROAD BETWEEN SHADE LANE AND FREEMAN LANE. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-291. Staff Recommendation: Approve, subject to conditions. CPO Recommendation: Approve, subject to conditions. MAPC Recommendation: Approve, subject to conditions. Council Member Kamen momentarily absent. Phil Meyer Phil Meyer, Baughman Company, responding to a question, said reducing the sign size would not "wipe out" the request. Retaining the reader board was of greater concern. Marvin Krout Director of Planning suggested the reader board might be placed below the sign. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions except that under the sign provisions, the sign would be restricted to no more than 150 sq. ft. and the reader board would occupy the lower portion of the sign; and the Z-3199 Ordinance be placed on first reading with publication being withheld until such time as the Plat has been recorded with the Register of -- carried Deeds. Motion carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3199 A 96-5 A 96-5 - REQUEST FOR ANNEXATION OF PROPERTY ADJOINING THE CITY GENERALLY LOCATED (Item No. 27) SOUTH OF 21ST STREET NORTH AND WEST OF RIDGE ROAD. Agenda Report No. 96-292. Aretha Knoblauch has requested that property under her ownership be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the April 2, 1996 City Council meeting. The tract of land is approximately .776 acres in size. The owner has indicated that the property will be used for commercial development. The property has been platted, with a final plat being approved by the Metropolitan Area Planning Commission (MAPC) on December 14, 1995. The property is located south of 21st Street North on the west side of Ridge Road. The property is zoned "LC" limited commercial district under the new Wichita-Sedgwick County Unified Zoning Code. Upon annexation, the County "LC" limited commercial district will remain the same. City water lines are in the area. Property owners will receive service from a 20 inch water main which runs along Ridge Road. No main extension will be required. Fees to be paid include: a tap fee, plant equity fee (both water and sewer), and fees in lieu of assessment. A 15 inch sewer main is located in the easement on the west side of the property. In order to receive sewer service an extension will need to be made from the west line of the property. Fire protection can be extended to the requested annexation area within a 4 minute response time from City Fire Station No. 16 located at 1632 North Tyler Road. Upon annexation, police protection will be provided to the requested annexation area by the officers and equipment of the Patrol West Division of the Wichita Police Department serving the western portion of the City. The 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. The property is located within an area that can be served with the extension of water and sewer services. The property owner will be responsible for the cost of connecting to water and sewer when the service is requested. On the basis of the foregoing information, it is concluded that the annexation of the property in question will not result in an extraordinary expense 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-96-5 A 96-6 A 96-6 - REQUEST FOR ANNEXATION OF PROPERTY ADJOINING THE CITY GENERALLY LOCATED (ITEM NO. 48) ON THE EAST SIDE OF LINDEN AND 1/2 MILE SOUTH OF PAWNEE. Agenda Report No. 96-293. I. T. J. Investments has requested that property under its ownership be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the April 2, 1996 City Council meeting. The tract of land is approximately 1.812 acres in size. Property owners have indicated that the property will be used for 9 single-family homes. The property has been platted with a final plat being approved by the Metropolitan Area Planning Commission (MAPC) on January 11, 1996. The property is located on the east side of Linden, west of Webb Road and « mile south of Pawnee. The property is zoned "SF-20" single-family district under new Wichita-Sedgwick County Unified Zoning Code. Upon annexation, the "SF-20" single-family district will convert to the "SF-6" single- family district. The conversion will accommodate the proposed use of the property. City water lines are in the area. There is an 8 inch water main running along Linden to which adjacent properties will be able to connect. No extensions or fees in lieu of assessment will be required. Sewer services are in the area and will be able to be extended from the existing sewer main located on Linden. Fire protection can be extended to the requested annexation area within a 6 minute response time from City Fire Station No. 15, located at 7923 E. Lincoln. Upon annexation, police protection will be provided to the requested annexation area by the officers and equipment of the Patrol East Division of the Wichita Police Department serving the eastern portion of the City. This property is located 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. The property is located within an area that can be served with the extension of water and sewer services. The property owner will be responsible for the cost of connecting to water and sewer when the service is requested. On the basis of the foregoing information, it is concluded that the annexation of the property in question will not result in an extraordinary expense 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-96-6 A 96-7 A 96-7 - REQUEST FOR ANNEXATION OF PROPERTY ADJOINING THE CITY GENERALLY LOCATED (ITEM NO. 49) 1/2 MILE SOUTH OF 47TH STREET SOUTH AND 1/4 MILE WEST OF MERIDIAN. Agenda Report No. 96-294. Roger Weidman requested that property under his ownership be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the April 2, 1996 City Council meeting. The tract of land is approximately 38.42 acres in size. The property owner has indicated that the property will be developed with 100 single- family units. The property is located « mile south of 47th Street South and ½ mile west of Meridian. The property is zoned "SF-20" single-family district under the new Wichita-Sedgwick County Unified Zoning Code. Upon annexation, the County "SF-20" single-family residential district will convert to the "SF-6" single-family dwelling district. The conversion will accommodate the proposed use of the property. City water lines are in the area. An 8 inch water line will need to be extended south along Gordon. Fees associated with the cost of hook up will be plant equity fees and tap fees. Property owners will have to extend sewer services from a main located on 47th Street South. Fire protection can be extended to the requested annexation area within a 7 minute response time from City Fire Station No. 19, located at 600 West MacArthur. Upon annexation, police protection will be provided to the requested annexation area by the officers and equipment of the Patrol West Division of the Wichita Police Department serving the western portion of the City. 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. The property is located within an area that can be served with the extension of water and sewer services. The property owner will be responsible for the cost of connecting to water and sewer when the service is requested. On the basis of the foregoing information, it is concluded that the annexation of the property in question will not result in an extraordinary expense 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-96-7 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 negotiation; preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed at 1:15 p.m. in the City -- carried Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 12:24 p.m. and reconvened in regular session at 1:15 p.m. Council Member Kamen absent. NORTH INDUSTRIAL CORRIDOR GROUNDWATER POLLUTION PROJECT. Motion -- Knight moved that the City Attorney be authorized to negotiate, with the School Board attorney, an agreement concerning the School Board's participation in the North Industrial Corridor Ground Water Pollution Project; and the Agreement be -- carried returned to the City Council for approval. Motion carried 6 to 0. (Kamen absent) ADJOURNMENT The City Council meeting adjourned at 1:18 p.m. Pat Burnett Deputy City Clerk COUNCIL PROCEEDINGS JOURNAL 161 APRIL 2, 1996 Page 1