MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, May 13, 1997 Tuesday, 9:02 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Gale, Rogers; present. *Council Members Ferris, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Sister Rita Robl, ASC, Great Plains Earth Institute. 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 May 6, 1997, were -- approved approved 5 to 0. (Ferris, Kamen; absent) NEW BUSINESS ISSUANCE OF 1997 WATER AND SEWER REVENUE BONDS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-393. On July 18, 1995, the City Council approved the bonding resolution and issuance of the Notice of Intent for the Water and Sewer CIP project expenditures budgeted for 1995 and 1996, as well as approving the CIP for 1996-2005. Some of the larger projects scheduled for 1995 and 1996 have been rescheduled to 1997 and 1998 to coordinate with street construction schedules or to accommodate other delays. The various delays in implementation have made it possible for the Utility to fund ongoing project expenditures from cash reserves and postpone the issuance of revenue bonds. Staff has tentatively scheduled the next Revenue Bond issue to go to market in June/July 1997, in order to permanently finance project costs incurred since 1994 which were temporarily funded from Utility cash reserves. Under state law, the City is required to adopt a bonding resolution and provide a Notice of Intent to issue Revenue Bonds prior to expenditure of Utility cash reserves for capital improvement projects. Schedule 1 lists the completed or partially completed projects to be financed with revenue bonds this year, as well as newly authorized projects which will be financed with future revenue bond issues. The Water & Sewer Department, in drawing down the cash reserves, is retrospectively financing Capital Improvement Program projects. Due to an oversight, the Resolution and Notice of Intent should have been done. Staff will return to the May 20, 1997, City Council meeting with a recommendation regarding the upcoming bond sale. The Utility needs to solicit bids for several 1997 CIP projects immediately, with cash expenditures to follow soon thereafter. CIP projects of an ongoing nature will also require that a bond resolution be adopted, so that cash reserves expended for construction in 1997 and 1998 can be replaced as needed from future revenue bond proceeds. The 10-year CIP schedule provides for the construction of the recommended improvements in a timely manner. The budget for Water and Sewer Utility CIP projects for 1997 and 1998 has increased compared with the CIP presented to City Council in July 18, 1995. It includes additional expenditures for water supply development, as recommended by the Water Supply Plan; a reserve electrical system to the Water Treatment Plant, to prevent water shortages such as that which occurred in August 1995; computer controls and upgrades to the Hess Pump Station; expansion of water line installation to the recently annexed Riverside area; and a meter replacement program, which has a four-year, pay-back period. The budget for Sanitary Sewer projects in the revised CIP also increased compared with the 1997 and 1998 project costs previously approved. Some of the projects approved in 1996, while initiated on time, will be completed and incur most of the expenses in 1997. In addition, the cost of the Biosolids Treatment and Management Plan will be higher than the original estimate. The City Council has approved each Change Order. The cash flow requirements of the Water and Sewer Utility indicate the need to sell revenue bonds within the next few months. Staff has tentatively scheduled the sale of Water and Sewer Utility Revenue Bonds, Series 1997, in the principal amount of approximately $65 million for June/July 1997. The Resolution and Notice of Intent provide for the issuance of approximately $65 million in Revenue Bonds to reimburse Utility cash for work completed since 1994. This reimbursement will fund 1997 and 1998 project expenditures of approximately $37 million in water system improvements and approximately $28 million in sewer system improvements. The debt service payments associated with the bonds would be funded entirely from revenues derived from operations of the City's Water and Sewer Utility. Based upon preliminary analysis, current revenue levels are adequate to carry out the improvements scheduled for 1997 and 1998 without a water rate increase, while maintaining reserves and coverage ratios at levels required by the City's Bond Ordinances. At this time, it is projected that an increase in water and/or sewer rates may be necessary in 1998. Staff will return to City Council if the rate increase for water and/or sewer is a necessity. By adopting the bonding resolution prior to expenditure of cash reserves for capital projects, the City preserves its option to reimburse current project expenses with proceeds from future revenue bond issues. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Resolution be adopted; Staff be authorized to publish the Notice of Intent to issue Water and Sewer Utility Revenue Bonds and the Summary Notice of Bond Sale; and the CIP budgeted project expenditures for 1997 and 1998 -- carried be approved. Motion carried 5 to 0. (Ferris, Kamen; absent) RESOLUTION NO. R-97-120 A Resolution supplementing Resolution No. R-94-196 and Resolution No. R-95-306 of the City of Wichita, Kansas, declaring it necessary to construct, reconstruct, alter, repair, improve, extend, and enlarge the water and sewer utility owned and operated by the city, and to issue revenue bonds in a total principal amount which shall not exceed $65,000,000, for the purpose of paying certain costs thereof, and providing for the giving of notice of such intention in the manner required by law, presented. Knight moved that the Resolution be adopted. Motion carried 5 to 0. Yeas: Cole, Gale, Lambke, Rogers, Knight. (Ferris, Kamen; absent) PARK VENDING BEVERAGE SERVICES AND SNACK VENDING SERVICES IN CITY PARKS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-394. After receiving proposals from qualified vendors to provide snack food vending services and beverage sales services at various locations in City Parks, the Department of Park and Recreation has selected A.S.A.P. Vending to provide snack food vending services at park locations, and Pepsi-Cola Company, Inc. to provide all beverage sales services at park locations. A.S.A.P. Vending has been selected as the independent contractor to provide and stock snack machines at selected park locations for a period of two years, from May 2, 1997, until May 1, 1999, with an option to renew the contract one additional year. The vendor agrees to reimburse the City on a monthly basis a total of 19% of all sales. Pepsi-Cola Company, Inc. has been selected to provide beverage services in park locations. A formal contract between the City of Wichita and Pepsi-Cola Company, Inc., stating specific operating responsibilities, is currently being drafted and will be submitted to City Council for approval in the near future. In the interim, the "Letter of Intent" outlines principal areas of agreement between the vendor and the Department of Park Department. Pepsi-Cola will provide beverage vending machines at designated park locations, and will return a commission of 45% of these sales to the City. In addition the vendor agrees to provide financial support to the Park Department in the form of capital investments, etc. for a total value of $715,910 over a three-year period to assist with athletic and park programs for youth. A.S.A.P. Vending will pay the City 19% of all snack food vending sales, on a monthly basis, for a period of two years. Pepsi-Cola Company, Inc. will pay the City 45% commission on all beverage vending sales. In addition to the beverage vending sales, additional capital investments, in-kind services and other support at park locations over the three-year period of the agreement, are expected to total $715,910 for the City. *Council Member Kamen present. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the vendors selected by the Department of Park and Recreation -- carried be approved. Motion carried 6 to 0. (Ferris absent) CITY COUNCIL AGENDA APPOINTMENT APPOINTMENT TO WICHITA EMPLOYEES' RETIREMENT BOARD. One appointment (Ferris), for a term expiring June 30, 1997. Motion -- carried Knight moved that this Item be deferred one week. Motion carried 6 to 0. (Ferris absent) ADDENDUM ITEM 4A PAVING PATTERSON PAVING PATTERSON WEST OF BROADWAY. (Requested by Council Member Lambke) Steve Lackey Director of Public Works reviewed the Item. Three alternatives were developed as possible funding options for paying for the estimated paving cost of $103,000 and the associated drainage system estimated to cost an additional $30,000. Paving Funding Alternatives: 1. City pays for drainage, property owners pay for pavement; City - $30,000, Property owners - $103,000 Assessment rate = $.12/sq.ft. plus drives Assessments range from$4,000 - $29,000 2. City pays for drainage and 1/2 pavement, property owners pay for 1/2 pavement; City - $77,500, Property owners - $55,000 Assessment rate = $.06/sq.ft. plus drives Assessments range from $2,000 - $14,500 3. Property owners pay 100%; City - $0, Property owners - $133,000 Assessment rate = $.15/sq.ft. plus drives Assessments range from $5,250 - $38,000 Under current Kansas law, the City Council has the authority to approve and direct that the paving be done without notification, public hearing, or being subject to being stopped by protest petition, because the paving would connect to existing paved sections on either end. Current law gives the Council the authority to order-in connecting pavement sections 1/2 blocks in length. After July 1, 1997, the law changes such that the project can be stopped if a protest petition is signed by 75 percent of the owners and 75 percent of the improvement district area. CDBG funds are not available for the area. Council Member Lambke Council Member Lambke explained that there is only one house along the area and it is connected with the salvage business property. Because benefit to the salvage yard and used-car lot would be minimal, a 30 percent City contribution is suggested as the preferred alternative. The roofing company owner is willing to assume extra cost because his trucks go through the area and use the street. *Council Member Ferris present. Council Member Ferris Council Member Ferris said that if the City is to start paying a portion of these paving projects now, a potentially expensive move, the Council needs to have discussions on that subject. Support for ordering in the project would be given only if the property owners paid 100 percent of the project. Council Member Cole Council Member Cole said she had no problem with ordering in the project but agreed that the Council should look at making any long-term decision. Council Member Lambke Council Member Lambke stated that he would like the project ordered in, even if the benefit district had to pay 100 percent of the cost. Perhaps the City has some responsibility because the paved portion of Patterson drains to the east or unpaved portion. Council Member Lambke asked that the Resolution be placed on the May 20, 1997, Agenda. No further action was taken. APPOINTMENTS APPOINTMENT TO SISTER CITIES ADVISORY BOARD. One appointment (Knight), for a term expiring June 30, 1997. Motion -- Knight appointed Jean Hathaway and moved that the appointment be approved. -- carried Motion carried 7 to 0. APPOINTMENT TO BOARD OF ZONING APPEALS. One appointment (Lambke), for a term expiring June 30, 1997. Motion -- carried Lambke moved that this Item be deferred one week. Motion carried 7 to 0. NOTICE OF VACANCY - WICHITA ATHLETIC COMMISSION. One vacancy (Council at large), due to the death of John Pyles, for a term expiring June 30, 1997. The appointment will be made June 3, 1997. PROCLAMATIONS PROCLAMATIONS. -- Public Works Week -- Nurse Assistants' Week -- Charlie Daniels Celebrity Golf Classic Days -- Historic Preservation Week Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 26, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MAY 12,1997. At 10:00 a.m., Friday, May 9, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes May 12, 1997 PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 16" Water Main in Harry Street from approximately 1/4 mile west of 159th St. East to a 12" Water Main approximately 2/3 mile east of 159th Street East (Harry Street at 159th Street East). (448-89046/633537/544547) Traffic to be maintained during construction using flagpersons and barricades. (Council approval 4-8-97) (District county) Dondlinger Construction Company, Inc. - $89,757.00 Sewer Response Plan Raise Buried Manholes (1997 - Set 1). (468-82702/621672/ 533278) Does not affect existing traffic. (CC approval 1- 7-97) (District all) Dondlinger Construction Company, Inc. - $148,512.00 Lateral 374, Southwest Interceptor Sewer to serve Country Meadows West & Buckhead Additions (north of Central, west of 119th Street West). (468-82650/743070/ 480399) Does not affect existing traffic. (CC approval 3- 18-97) (District V) Mies Construction Co., Inc. - $58,150.50 Water Supply Line to serve Country Meadows West Addition (along Central, west of 119th Street West). (448-89086/733774/470455) Does not affect existing traffic. (Council approval date 3-4-97) (District V) Mies Construction Co., Inc. - $40,500.00* and Water Distribution System to serve Country Meadows West (north of Central, west of 119th Street West). (448-89087/733782/470456) Does not affect existing traffic. (Council approval date 3-18-97) (District V) Mies Construction Co., Inc. - $30,360.50* *Total Aggregate Bid - $70,860.50 Carr Ave, Shefford and Prescott Circles to serve Lark Third Addition (south of Kellogg, east of 119th Street West). (472- 82727/764068/490509) Does not affect existing traffic. (Council approval date 5- 21-96) (District V) Asphalt Construction - $305,442.00 (Lump Sum Total Alternate One) Water Distribution System to serve part of Reflection Ridge Seventh Addition (south of 29th, west of Ridge). (448-88898/733790/470457) Does not affect existing traffic. (Council approval date 3-21-95) (District V) Mies Construction Co., Inc. - $24,683.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. PUBLIC WORKS/FLEET & BUILDINGS: FRONT DECK & ROTARY MOWERS (130807-4610) AS PER SPECIFICATIONS Group I - Andale Equipment - $23,802.00 - Total Net Base Bid Option 1 - Lump Sum - Deduct $5,000.00 Group II - Wichita Ford Tractor - $42,461.90 - Total Net Base Bid Option 1 - Lump Sum - Deduct $3,900.00 Group III - Wichita Ford Tractor - $10,783.59 - Total Net Base Bid Option 1 - Lump Sum - Deduct $3,000.00 Group IV - Wichita Ford Tractor - $57,200.00 - Total Net Base Bid Option 1 - Lump Sum - Deduct $4,000.00 PARK & RECREATION/RECREATION: TRACTOR (173781-4610)AS PER SPECIFICATIONS Wichita Ford Tractor - $14,979.41 (Total Net Bid) PARK & RECREATION/RECREATION: BUNKER & FIELD RAKE (173781-4507) AS PER SPECIFICATIONS G & T Equipment Co. - $13,236.00 (Total Net Bid) PARK & RECREATION/GOLF COURSE MAINTENANCE: FAIRWAY CUTTING UNIT & TRIPLEX RIDING GREENSMOWERS (170274 & 170266 & 170258) AS PER SPECIFICATIONS Item 1 - Modern Distributing Co. - $35,074.00 (Total Net Bid) Item 2 - Outdoor Equipment Co. - $40,976.00 (Total Net Bid) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the Purchasing Manager be authorized to sign. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption on Premises) Juvenal G. Fernandez La Mexicana Restaurant*408 W. 21st (Consumption off Premises) John R. Leftwich C Mart #9189 8330 E. Kellogg *General Restaurant-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. SUB. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. 1. Paving Britton, Pine Grove to 119th Street West to serve Aberdeen First Addition (north of 21st, east of 119th Street West). (472- 82634/764076/490510) Does not affect existing traffic. (Council approval date 10- 10-95) (District 5) 2. Lateral 137, War Industries Sewer to serve Regency Lakes Addition (north of 21st Street North, west of Greenwich Road). (468- 82695/743062/480398) Does not affect existing traffic. (Council approval date 4- 15-97) (District 2) 3. Bradley Fair Parkway, Phase II to serve Bradley Fair 2nd Addition (south of 21st, east of Webb). (472-82732/764308/490533) Does not affect existing traffic. (Council approval date 5-21-96) (District 2) 4. Storm Water Drain #119 to serve Bradley Fair 2nd Addition (south of 21st, east of Webb). (468-82602/750976/490533) Does not affect existing traffic. (Council approval date 5-21-96) (District 2) 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., May 23, 1997. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Lateral 31, Main 12, Southwest Interceptor Sewer to serve Sunridge Second Addition (north of 13th, east of 119th Street West) - $75,000.00. Does not affect existing traffic. (Council approval date 3-17-92) (District V) (468-82156/743021/480-394) b. Storm Water Drain No. 127 to serve Bradford North Addition (west of Tyler, south of 29th) - $20,800.00. Does not affect existing traffic. (Council approval date 2-25-97) (District V) (468-82677/750919/485-127) c. Relocation of Sanitary Sewer at Friends University, Sanitary Sewer #8 - $45,000.00. Does not affect existing traffic. (Council approval date 1-7-97) (District VI) (468-82684/621540/533-265) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. MINUTES MINUTES OF ADVISORY BOARDS. Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating, & Boilers, 4/24/97 Board of Code Standards & Appeals, 4/7/97 Board of Electrical Appeals, 4/8/97 Board of Park Commissioners, 4/14/97 Board of Zoning Appeals, 3/25/97 Civil Rights & Services Board, 4/21/97 CPO Northeast Council 1, 4/28/97 CPO East Council 2, 4/28/97 CPO Southeast Council 3, 4/24/97 CPO Southwest Council 4, 4/24/97 CPO North Central Council 6, 4/16/97 Police & Fire Retirement System, 4/23/97 Wichita Airport Authority, 4/7/97 Wichita Employees' Retirement System, 4/23/97 Wichita Metropolitan Transit Authority, 3/27/97 Wichita Public Library, 4/15/97 Wichita/Sedgwick County Board of Health, 4/10/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. EASEMENTS EASEMENTS AND DEDICATIONS. a. Dedication to be dated when executed by Mayor for a tract in Mungers Original Town Addition (Murdock Waco to Wabash, Index 70600) (no cost to City). b. Two easements dated April 9, 1997 from Alan and Marilyn McClure for tracts in James Place and Cottonwood Grove 2nd (Private project, Index 607861)(no cost to City) have been filed and recorded. c. Drainage Easement dated April 22, 1997 from Sally S. Hall for a tract in Hickory Creek Estates (SWS 481, Index 750943) (no cost to City). d. Drainage Easement from Jay W. Russell dated April 9, 1997 for a tract in Hickory Creek Estates (SWS 481, Index 750943) (no cost to City) has been filed and recorded. Motion -- Knight moved that the documents be received and filed and recorded with the -- carried Register of Deeds. Motion carried 7 to 0. CONSULTANT AGREEMENTS DESIGN SERVICES - REGENCY LAKES AND REGENCY LAKES SECOND ADDITIONS. (Dist. II) Agenda Report No. 97-395 The City Council approved the Regency Lakes and Regency Lakes Second Additions plats on April 15, 1997, and April 1, 1997, respectively. The Agreement between the City and Baughman Company, P.A. provides for the design of Lateral 137, War Industries Sewer; Storm Water Drain No. 128, Waterworks System Number 448 89131; and paving Regency Lakes, Ayesbury, Brandon Circle, Ayesbury Court, and Regency Lakes Courts (north of 21st Street North, west of Greenwich Road). Because Baughman Company, P.A. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $84,100 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. COMMUNITY ARTS CENTER DESIGN SERVICES FOR THE COMMUNITY ARTS CENTER. Agenda Report No. 97-97-396. On November 19, 1996, City Council authorized the selection of a design consultant and approved the use of a City-owned facility located at 219-227 West Lewis (Lewis and Water Streets) as the location for the Wichita Community Arts Center. Request for Proposals were mailed to fifty two architects and engineers. Consultants were asked to consider design/build options, the use of inmate labor for interior demolition, and a maximum of $16,500 for architectural and engineering services. Three firms responded, Gossen Livingston Assoc., Places Architects, and Schaefer Johnson Cox Frey & Assoc. All three firms were interviewed with Places Architects and Gossen Livingston Assoc. responding to the design/build concept with Key Construction Inc. as the prime contractor. The Staff Screening and Selection Committee selected Gossen Livingston Assoc. The Design/Builder Contract with Gossen Livingston Assoc. for basic services is $14,000 with reimbursable expenses not to exceed $2,500 for a total of $16,500 or three percent of the project budget. The cost of renovating this City-owned facility is estimated at $550,000 to be funded as follows: City of Wichita Community Development Block Grant (CDBG) $16,500 (Design) Executive Manor Contribution Fund $260,000 (Construction) Total City $276,500 Private Contribution $273,500 (Construction) TOTAL PROJECT $550,000 Motion -- Knight moved that the Contract be approved, and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. EASEMENT AGREEMENT TEMPORARY EASEMENT AGREEMENT WITH KOCH INDUSTRIES (HILLSIDE, FROM 27TH TO 37TH NORTH) (District II) Agenda Report No. 97-397. At the December 17, 1996, public hearing for Hillside from 27th to 37th Street North Improvements, the Center for the Improvement of Human Functioning expressed concerns about emergency access to their property during construction. Public Works staff met with the Center and agreed to pursue permission from Koch Industries to construct a temporary access roadway across Koch property to the Center. The owner of the property, Koch Properties, has agreed to donate the needed temporary easement to its property at no cost if the City agrees to hold them harmless and provide access to their tenant. There is no cost to the City in connection with the Agreement. Motion -- Knight moved that the Easement Agreement be approved and the Mayor be authorized to sign; and the Document be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. HICKORY CREEK ESTATES SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR HICKORY CREEK ESTATES. (District V) Agenda Report No. 97-398. The City Council approved the Hickory Creek Estates Addition plat on March 18, 1997. And, on April 8, 1997, the City Council approved an agreement with Baughman Company, P.A. to design sanitary sewer, storm water sewer, water distribution system, and paving improvements for the Addition. The design agreement with Baughman requires Baughman to provide construction engineering services if requested by the City. The Supplemental Agreement between the City and Baughman Company, P.A. provides for the construction engineering services for Lateral 3, Main 18, Southwest Interceptor Sewer; Storm Water Sewer No. 481; Water Distribu- tion System No. 448-89127; and paving Hickory Creek, Alderny, Alderny Court, Hickory Creek Courts and sidewalk in Hickory Creek Estates (south of 13th Street North, west of 119th Street West). Since this is the Construction and Survey's peak workload period, City crews are not available to perform the construction engineering services for this project. Payment will be on a lump sum basis of $39,300. The funding source is Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. SUPPLEMENTAL AGREEMENT SUPPLEMENTAL AGREEMENT FOR PROFESSIONAL SERVICES (All Districts) Agenda Report No. 97-399. On January 28, 1997, the City of Wichita entered into an Agreement with Professional Engineering Consultants, P.A. The contract with PEC provided for a study and design of a Wet Weather Holding Facility to eliminate sewer backups into residential basements. The affected area is the War Industries Interceptor. After a preliminary review of previous data collected to address the problem, it was determined that further field surveys, data collection and computer modeling of the War Industries Interceptor will give better directions as to the needed improvements. The expected result is to reduce the expenditures for facilities required to achieve the objectives of the original study and design, and to eliminate the possibility of expenditures that are not warranted at this time. The Supplemental Agreement payment to PEC will be made on an hourly basis not to exceed the amount of $58,110. The Capital Improvement Program (CIP# S-315, Interceptor Relief Sewer Priority 1) will be approved by City Council on May 13, 1997. The 1997 project budget is $6,400,000. This project will be funded through the CIP #S-315 budget with funds from revenues and reserves or a future bond issue. Motion -- Knight moved that the Supplemental Agreement with Professional Engineering Consultants, P.A. be approved and the Mayor be authorized to sign. Motion -- carried carried 7 to 0. ORTHOPHOTO DATABASE AERIAL PHOTOGRAPHY AND ORTHOPHOTO DATABASE PROJECT. (All Districts) Agenda Report No. 97-400. In December 1992, the City Council approved an Ordinance to fund a Centerline Geographic Information System (GIS) Pilot Project. On August 31, 1993, the City Council approved a project to amend the Centerline GIS Pilot Project to include the purchase and delivery of a digital Orthophoto image database from the pilot project contractor, M.J. Harden Associates. Producing a digital Orthophoto database is an essential part to achieve a common base map for GIS. The strategy for developing a permanent geographic base map for the community involves: a. Development of a cartographically correct centerline for address based analysis. b. Acquiring current orthophoto images for registration and reference of other utility features, GIS features and data. c. Registering County digital maps and databases to new and updated City ortho mapping for greater accuracy and complete a community-wide contiguous base map. When the new and updated digital orthophoto database is developed, the Water and Sewer Department can digitize the existing water mains over the digital ortho images. Approval of this updated aerial photography and digital ortho photo project enables the City of Wichita to maintain the foundation for GIS. The digital photographic images also enables all departments to further develop GIS databases and ensure accurate data that is current. On February 7, 1997, the Staff Screening & Selection Committee selected Western Air Maps, Inc. as the consultant to develop new and updated digital orthophotos. The aerial photography includes not only the land within the city limits of Wichita, but also includes all of Sedgwick County and portions of Butler and Sumner Counties. The Metropolitan Area Planning Commission (MAPD) and Sedgwick County Public Works are contributing to the funding of this project. The Water and Sewer Department has a contract with Western Air Maps, Inc. for the entire project and will be reimbursed by MAPD and Sedgwick County for their share of the project costs. The Capital Improvement Program (CIP# W-599 Aerial Photography and Orthophotos) 1997 budget is $150,000. This project will be funded from Water Utility revenues and reserves or a future revenue bond issue. Motion -- Knight moved that the Project Expenditure for 1997 be approved, the contract with Western Air Maps, Inc. for an amount not to exceed $150,000.00 be approved and -- carried the Mayor be authorized to sign. Motion carried 7 to 0. WEBB ROAD WATER MAIN INSTALLATION OF WATER MAIN IN WEBB ROAD, FROM PAWNEE TO 1500 FEET NORTH OF PAWNEE. (District II) Agenda Report No. 97-401 The City of Wichita provides treated drinking water to 331,000 people. The service population is projected to increase to over 438,000 by 2010. To ensure that future water needs of the service area are met, the Water and Sewer Department initiated a study of its water system. The Water System Master Plan was completed in February 1994 and recommended a number of significant system improvements to ensure adequate service levels now and in the future. This project is recommended to provide a continuous water main loop connecting the 20-inch water main on Webb Road with the 16-inch water main on Pawnee. The result will provide service along Webb Road and adjacent developments and will improve pressure and flow to the southeast portion of the Water Utility system, along with providing capacity for future developments in southeast Sedgwick County. The City Council will approve the 1997-2006 Capital Improvement Program on May 13, 1997. The Capital Improvement Program (CIP #W-532 - Installation of approximately 1,500 feet of 20-inch Water Main in Webb Road from Pawnee to 1,500 feet north of Pawnee) 1997 budget is $175,000. This project will be funded from Water Utility revenues and reserves or a future revenue bond issue. Motion -- carried Knight moved that the Project Expenditure be approved. Motion carried 7 to 0. WATER MAINS INSTALLATION OF WATER MAINS IN 21ST STREET NORTH, FROM CLUBHOUSE TO 127TH STREET EAST, AND IN 127TH STREET EAST, FROM 21ST STREET NORTH TO TALLOWOOD. (Dist. II) Agenda Report No. 97-402. The City of Wichita provides treated drinking water to 331,000 people. The service population is projected to increase to over 438,000 people by the year 2010. To ensure that future water needs are met, the Water and Sewer Department has initiated a Water Master Plan study of its water system. The Water System Master Plan was completed in February 1994, and recommended a number of significant system improvements to ensure adequate service now and in the future. According to the Water Master Plan, construction of a 36- inch water main in 21st Street, from Clubhouse to 127th Street East, and a 16- inch water main in 127th Street East from 21st Street North to Tallowood is required to improve water pressure and flow from the Webb Pump Station east to the Hess Pressure Zone. Also, these mains will provide part of the anticipated main water supply loop of the northeast section of Wichita. This main loop, which is bounded by Webb Road on the east, 159th Street West on the west, 21st Street North on the north, and Kellogg on the south, will improve water pressure and flow to the northeast portion of the Water Utility System, and accommodate the City's future growth in that vicinity. The City Council approved the 1996-2005 Capital Improvement Program and the initiation of all projects scheduled for 1996, 1997, and 1998 on August 13, 1996. The Capital Improvement Program (CIP# W-513) is for the installation of approximately 8,000 feet of 36-inch water main in 21st Street North from Clubhouse to 127th Street East and approximately 2,600 feet of 16-inch water main in 127th Street East from 21st Street North to Tallowood. The 1997 project budget is $2,120,000. This project will be funded from Water Utility revenues and reserves or a future revenue bond issue. Motion -- Knight moved that the project expenditure for 1997 be approved. Motion carried -- carried 7 to 0. WATER MAIN INSTALLATION OF WATER MAIN IN KELLOGG, FROM CLIFTON TO EDGEMOOR. (District II) Agenda Report No. 97-403. The Kellogg-Oliver Interchange, (CIP Freeway Project F- 37), is designed and ready for construction. This project will allow a six-lane urban freeway, standard roadway from Roosevelt (east of Hillside) to Sylvan (east of Oliver), and an urban freeway interchange at Oliver. According to the Water Master Plan, construction of a 16- inch water main in Kellogg from Clifton to Edgemoor is required to complete a loop in the distribution piping network in this area. By completing this loop, both pressure and fire flow will be increased in the immediate area. Additionally, this main will assist in transmission of flows to the extremities of the distribution system. Since the Kellogg freeway project is ready for construction, it is prudent and necessary to construct the 16-inch water main in Kellogg from Clifton to Edgemoor prior to the construction of the roadway. The Capital Improvement Program (CIP #W-516 - Installation of a 16-inch water main in Kellogg from Clifton to Edgemoor) 1997 project budget is $600,000. This project will be funded from Water Utility revenues and reserves or a future revenue bond issue. Motion -- Knight moved that the project expenditure for 1997 be approved. Motion carried -- carried 7 to 0. WATER MAIN INSTALLATION OF WATER MAIN IN MERIDIAN, CENTRAL TO BURTON. (District IV and V) Agenda Report No. 97-404. The City of Wichita provides treated drinking water to 331,000 people. The service population is projected to increase to over 438,000 by 2010. To ensure that future water needs of the service area are met, the Water and Sewer Department initiated a study of its water system. The Water System Master Plan was completed in February 1994 and recommended a number of significant system improvements to ensure adequate service levels now and in the future. The northwest part of the City is experiencing rapidly increasing urban development. Staff recommends that the City reinforces the northwest water distribution grid by installing a 36-inch water main in Meridian, from Central to Burton. This water main will also provide redundancy to the southwest water supply grid which is mainly fed by a 48-inch water main in Exposition, from McLean Blvd. to Burton. The City Council will approve the 1997-2006 Capital Improvement Program on May 13, 1997. The Capital Improvement Program (CIP #W-601 - Installation of approximately 4,000 feet of 36-inch water main in Meridian, from Central to Burton) 1997 and 1998 project budgets are $750,000 each. This project will be funded from Water Utility revenues and reserves, or a future revenue bond issue. Motion -- Knight moved that the City Council approve the project expenditure for 1997 and -- carried 1998. Motion carried 7 to 0. SUMMER YOUTH TRAINING 1997 SUMMER YOUTH AND EMPLOYMENT TRAINING PROGRAM CONTRACT. Agenda Report No. 97-405. The Private Industry Council (PIC) of SDA IV provides policy guidance for the use of Job Training Partnership Act (JTPA) funds in this area. The PIC has selected the City of Wichita as the Grant Recipient/Program Administrator for certain JTPA funds in Service Delivery Area (SDA) IV which is comprised of Butler, Cowley, Sumner, Harper, Kingman and Sedgwick counties. Arkansas City Public Schools (USD 470) has been selected as a service provider to conduct academic enrichment/work experience training for the 1997 Summer Youth and Employment Training Program (SYETP). The contract is between the City of Wichita and USD 470. The contract provides for JTPA Title II-B academic enrichment combined with summer youth work experience. Forty participating Youth, ages 14 to 21, who test as needing instruction in math and/or reading, will receive 60 hours of work-based learning and will spend 227 hours participating in a work project with a public or private not-for-profit agency. Students will be paid the hourly minimum wage for their time spent in classroom and work projects. The total USD 470 contract amount is $62,700. JTPA funds are used to pay for contract services. The contract obligates no general fund moneys. Motion -- Knight moved that the contract be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. HEARTSTPRING STORAGE HEARTSPRING STORAGE BUILDING. Agenda Report No. 97-406. On December 12, 1995, the City council approved the purchase of the Heartspring campus using HUD Special Purpose grant funds. The City Council determined the campus should be retained in a single ownership and used for redevelopment as a part of the 21st Street Revitalization Area. Heartspring is relocating its campus to a new location by the end of 1997. Heartspring has requested the City donate an existing metal building located on the campus. It is their intention to move the metal panel storage building to their new campus to meet projected shortages in storage space at their new campus. The metal panel building is approximately 96' by 33' and has a replacement cost of approximately $15,000. In accordance with federal property disposition procedures, the City has sought and received written approval from HUD, the funding agency for acquisition of the property, to transfer the storage building to Heartspring. Motion -- Knight moved that the transfer of the metal storage building to Heartspring, Inc. -- carried be approved. Motion carried 7 to 0. (Item No. 26) SEASONAL POSITIONS REQUEST FOR SEASONAL POSITIONS TO ASSIST WITH THE CONTRACT MAINTENANCE PROGRAM. (All Districts) Agenda Report No. 97-407. The spring and summer months are the Engineering Division's peak workload period, especially for the Construction and Survey Section which is responsible for managing and inspecting all construction projects. A steady increase in construction projects, and an increase in the number of projects let by the Kansas Department of Transportation (KDOT) has made it necessary to hire additional limited employees to perform construction engineering services. Since November 1996, the Engineering Division has let 130 projects which are or will be under construction. In addition, KDOT has let 10 projects which are or will be under construction. There are 58 subdivision projects currently under design that will bid for summer construction. An additional 39 Capital Improvement Program (CIP) and non-subdivision projects are planned to be bid by early summer. It is estimated that approximately 75 more subdivision and 25 more non- subdivision projects will be ready for construction second half of the year. In addition to the above projects, on March 4, 1997, the City Council approved the 1997 Street Maintenance Contract Maintenance Program which will provide for curb and gutter repairs, concrete repairs, a variety of asphalt surface treatments and bridge surface replacements. These repairs will be performed on 13 miles of arterial streets and 330 blocks (approximately 33 miles) of residential streets. Because of the existing and expected work load, the Engineering Division is requesting authorization to fill two additional seasonal Engineering Aide positions (Range 620) and one additional seasonal Mechanical Equipment Operator position (Range 415) for June through August. Eight are already budgeted. The requested three seasonal employees will be assigned to the Contract Maintenance Program. Most of the seasonal and summer employees will be assigned to work on survey and inspection crews allowing our more experienced employees to inspect the myriad of construction inspection projects where the workload is heaviest. Salaries for these positions will be charged to contract maintenance projects. Salaries will not be charged to Engineering's Gas Tax budget. No budget increases are required. Steve Lackey Director of Public Works, responding to a question, explained that additional people are needed to help monitor projects. Motion -- carried Kamen moved that the positions be approved. Motion carried 7 to 0. ASBESTOS LITIGATION SETTLEMENT WITH U.S. MINERAL PRODUCTS CO. IN CENTURY II ASBESTOS LITIGATION. Agenda Report No. 97-409. The City of Wichita filed a lawsuit against several asbestos manufacturers seeking to recover damages for the placement of asbestos containing materials in Century II (City of Wichita v. United States Mineral Products, U. S. District Court, 89-1331-MLB). A settlement offer has been received from U.S. Mineral Products Company. The proposed settlement is accomplished through a release and covenant not to sue. By this document, the City dismisses its claims involving property damage claims in Century II against U.S. Mineral Products Company. U.S. Mineral agrees to pay the City $650,000 without admission of liability. Motion -- Knight moved that the General Release and Covenant Not to Sue be approved and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First Reading 5/6/97) a. Handicapped Parking. ORDINANCE NO. 43-484 An Ordinance amending Section 11.52.020 of the code of the City of Wichita, Kansas, pertaining to unlawful parking, and repealing the original of said Section, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 1. Yeas: Ferris, Gale, Kamen, Lambke, Rogers, Knight. Nays: Cole. b. Special Assessment - Sidewalk Project. ORDINANCE NO. 43-485 An Ordinance making a Special Assessment to pay for the improvement of and providing a tax levy for the cost of construction of sidewalks in the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. c. 29th Street North from Amidon to Arkansas. ORDINANCE NO. 43-486 An Ordinance declaring 29th Street North from Amidon to Arkansas (472-82805) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. FIRST READING ORDINANCES. Special Assessment Motion -- Knight moved that the following Ordinance be placed on first reading. Motion -- carried carried 7 to 0. ORDINANCE An Ordinance making a Special Assessment to pay for the removal of certain structures, being dangerous and unsafe buildings which have been declared a nuisance under the provision of Sections 18.16.010 to 18.16.090 of the Code of the City of Wichita, Kansas, introduced and under the rules laid over. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 30 through 33 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 30 through 33 be approved as consensus -- carried Items. Motion carried 7 to 0. S/D 95-66 S/D 95-66 - PLAT OF THE CAMP HIAWATHA ADDITION LOCATED SOUTH OF 51ST STREET NORTH (Item 30) AND WEST OF SENECA. (District VI) Agenda Report No. 97-409 Petitions, all 100 percent, have been submitted for sanitary sewer, municipal water and paving improvements. A Certificates of Petitions has also been submitted. However, this site will continue to use, on a temporary basis, on-site sanitary sewer facilities which have been approved by the County Health Department. A zone change (Z-3175) from "SF-6", one-family zoning to "B", multi-family zoning was approved for this site subject to platting. As a condition of this zone change, the applicant has submitted a restrictive covenant which restricts certain uses of the property. To allow for the possible installation of a public bike and hike facility, the applicant has submitted by separate instrument an easement and agreement for the City's acceptance. This plat has been reviewed and approved by the Planning Commission subject to conditions and recording within thirty (30) days. Documents Certificate of Petitions, Easement and Agreement, and Restrictive Covenant. 100 Percent Petition for Water Distribution System Number 448-89143 (south of 51st Street North, east of Meridian) ($57,400 S.A.) (Hold for development) 100 Percent Petition for construction of Lateral 92, Sanitary Sewer No. 23 (south of 51st Street North, east of Meridian) Project No. 468-82703 ($48,000 S.A.) (Hold for development) 100 Percent petition for improving of 51st Street North from the west line of Camp Hiawatha Addition to the east line of Camp Hiawatha Addition, Project No. 472-82823 (south of 51st Street North, east of Meridian) ($84,500 S.A.) (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign the necessary documents; and the associated zone change Z-3175 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the -- carried plat has been recorded with the Register of Deeds. Motion carried 7 to 0. RESOLUTION NO. R-97-121 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89143 (south of 51st Street North, east of Meridian) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-122 Resolution of findings of advisability and Resolution authorizing construction of Lateral 92, Sanitary Sewer No. 23 (south of 51st Street North, east of Meridian) Project No. 468-82703 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-123 Resolution of findings of advisability and Resolution authorizing improving of 51st Street North from the west line of Camp Hiawatha Addition to the east line of Camp Hiawatha Addition, Project No. 472-82823 (south of 51st Street North, east of Meridian) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. 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-3175 S/D 96-48 S/D 96-48 - PLAT OF THE AUBURN HILLS POOL HOUSE ADDITION LOCATED SOUTH OF MAPLE (Item No. 31) AND EAST OF 135TH STREET WEST. (District V) Agenda Report No. 97-410. This is a replat of a portion of an existing Addition, in order to allow for the provision of a swimming pool use in that Addition. A petition, 100 percent, was needed however, to guarantee the extension of sanitary sewer to this site. A Certificate of Petitions has also been submitted. In order to serve this site, an off-site utility easement has been provided. This plat has been reviewed and approved by the Planning Commission subject to conditions and recording within thirty (30) days. Documents Utility Easement and Certificate of Petition by Auburn Hills, Inc. 100 Percent Petition for construction of Lateral 5, Cowskin Interceptor Sewer (south of Maple, east of 135th Street West) Project No. 468-82710 ($15,000 S.A.) (Hold for development) Motion -- Knight moved that the Petition be approved and the Resolution be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-124 Resolution of findings of advisability and Resolution authorizing construction of Lateral 5, Cowskin Interceptor Sewer (south of Maple, east of 135th Street West) Project No. 468-82710 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 96-85 S/D 96-85 - PLAT OF THE BRIDGEFIELD ADDITION LOCATED SOUTH OF CENTRAL AND EAST OF (Item No. 32) 127TH STREET EAST. (District II) Agenda Report No. 97-411. This site has just recently been annexed to the City. Petitions, all 100 percent, have been submitted for sanitary sewer, municipal water, storm sewer, and paving improvements. The sanitary sewer petition will be handled by the County, however. This site is within the County's Four Mile Creek service area. Certificates of Petitions have 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, a covenant has also been submitted requiring that four (4) off-street spaces be provided for each such lot. In order to allow for the platting of a street with a narrow or nonstandard right- of-way dedication, a 15-foot street, drainage, and utility easement was platted with another restrictive covenant submitted, which restricts how this easement can be used. This plat has been reviewed and approved by the Planning Commission subject to conditions and recording within thirty (30) days. Documents Certificates of Petitions and Restrictive Covenants by Scott Developers. 100 Percent Petition for construction of Water distribution System Number 448-89144 (south of Central, east of 127th Street East) ($225,000 S.A.) (Hold for development) 100 Percent Petition for construction of Storm Water Sewer No. 484 (south of Central, east of 127th Street East) Project No. 468-82711 ($311,000 S.A.) (Hold for development) 100 Percent Petition for improving of Bridgefield from the north line of the plat south to the east line of Reserve "H"; Hawthorne from the east line of Reserve "H" east to the east line of the plat; Gateway from the north line of the plat south to the north line of Hawthorne; Gateway Circle from the south line of Hawthorne south to and including the cul-de-sac; sidewalk along the west side of Bridgefield, the south side of Hawthorne, and west side of Gateway; Bridgefield Place from the west line of bridgefield northwest to the north line of the plat; Bridgefield Court, Lots 1 through 5, block D, from the east line of Bridgefield east to and including the cul-de-sac; Gateway Court, Lots 1 through 8, Block E, from the east line of Gateway east to and including the cul-de-sac; Gateway Court, Lots 9 through 14, Block E, from the east line of Gateway east to and including the cul-de-sac; Gateway Court, Lots 4 through 8, block C, from the west line of Gateway Circle west to and including the cul-de- sac, Project No. 472-82824 (south of Central, east of 17th Street East) ($725,000 S.A.) (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-125 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Number 448-89144 (south of Central, east of 127th Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-126 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 484 (south of Central, east of 127th Street East) Project No. 468-82711 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-127 Resolution of findings of advisability and Resolution authorizing improving of Bridgefield from the north line of the plat south to the east line of Reserve "H"; Hawthorne from the east line of Reserve "H" east to the east line of the plat; Gateway from the north line of the plat south to the north line of Hawthorne; Gateway Circle from the south line of Hawthorne south to and including the cul-de-sac; sidewalk along the west side of Bridgefield, the south side of Hawthorne, and west side of Gateway; Bridgefield Place from the west line of bridgefield northwest to the north line of the plat; Bridgefield Court, Lots 1 through 5, block D, from the east line of Bridgefield east to and including the cul-de-sac; Gateway Court, Lots 1 through 8, Block E, from the east line of Gateway east to and including the cul-de-sac; Gateway Court, Lots 9 through 14, Block E, from the east line of Gateway east to and including the cul-de-sac; Gateway Court, Lots 4 through 8, block C, from the west line of Gateway Circle west to and including the cul-de-sac, Project No. 472-82824 (south of Central, east of 17th Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 97-16 S/D 97-16 - PLAT OF THE CEDAR RIDGE MOBILE HOME PARK ADDITION LOCATED WEST OF (Item No. 33) HYDRAULIC AND SOUTH OF 47TH STREET SOUTH. (District IV) Agenda Report No. 97-412. This site is located in a developed area of the City and needed facilities are already available. In order to provide for the maintenance of a Reserve used for both on and off-site drainage, the applicant has submitted a restrictive covenant. This plat has been reviewed and approved by the Planning Commission subject to conditions and recording within thirty (30) days. Document Restrictive Covenant from Alan and Marilyn McClure. Motion -- Knight moved that the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. DR 97-5 DR 97-5 - REQUEST FOR STREET NAME CHANGES IN THE FOX POINTE ADDITION FROM BENT TREE CIRCLE AND BENT TREE COURT TO FOX POINTE CIRCLE AND FOX POINTE COURT. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-413. The need for a street name change was first brought to the City's attention by the residents of Bent Tree Addition, located near the northwest corner of the intersection of 21st Street North and Webb Road. Since this situation involved changes to street names in another subdivision, the Bent Tree residents asked for the City to initiate the changes. The Bent Tree residents requested that the streets named "Bent Tree Circle" and "Bent Tree Court" in the Fox Pointe Addition be changed to eliminate confusion and problems with deliveries experienced by the Bent Tree residents since the development at Fox Pointe. The Bent Tree Addition lies approximately 1/2 mile to the south of the Fox Pointe Addition, and contains the originally-platted Bent Tree name for the street in the subdivision. There are about 41 dwelling units in Bent Tree, which is fully developed. There are about 11 units constructed in the Fox Pointe Addition with another 11 lots remaining in that subdivision. Bent Tree Circle, which runs through the Bent Tree subdivision, is not connected to the street segment which runs through the Fox Pointe Addition. The original Bent Tree Circle was assigned addresses with an east-west orientation, in the east 9300 and 9400 range. The Bent Tree street name was later suggested for the Fox Pointe Addition when that land was platted. This was consistent with the general policy favored by the emergency services of assigning the same name to two street segments which line up with each other, even if they are disconnected. However, in this case, it was wrongly assumed that Bent Tree Circle in the Bent Tree Addition was addressed north-south during the platting of Fox Pointe. The Bent Tree street segment in Fox Pointe was addressed using a north-south orientation with numbers in the north 2800 and 2900 range. Since that time, the "wayfinding" problems for residents in the Bent Tree Addition have markedly worsened. Several meetings were held with residents of the two additions. The residents of Fox Pointe expressed their opposition to a name change despite hearing the concerns raised to city staff from the Bent Tree residents. Bent Tree residents continued to call and write in to express a desire to resolve the confusing situation promptly. The Address Committee, a city-county staff committee including representatives of fire, police, OCI, MAPD, 911, EMS and GIS offices, met to review the options. They recommended that renaming the street segments in the newer Fox Pointe Addition would best resolve the confusion and have the least impact on existing residents. At the MAPC's Subdivision Committee, one representative from each neighborhood was present to speak. The Fox Pointe resident did not speak in opposition to the staff recommendation, but suggested compensation for the costs involved. At the MAPC meeting, no one appeared to speak on this item, and the MAPC voted unanimously to concur with the staff recommendation. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the street name changes as recommended by the MAPC be approved -- carried and the associated ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance approving the street name for Bent Tree Circle and Bent Tree Court to Fox Pointe Circle and Fox Pointe Court, respectively, introduced and under the rules laid over. A97-13 A97-13 - REQUEST TO ANNEX PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED SOUTH OF 61ST STREET NORTH AND BETWEEN MERIDIAN AND SENECA. (District VI) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-414. Rickey L. and Dixie L. smith have requested that their property be annexed into the City of Wichita. The property is a platted lot approximately 1.58 acres, located south of 61st Street North and between Meridian and Seneca and is bordered on the east by the current City boundary line and the Little Arkansas River as indicated on the map. The annexation of this property will make the Rio Vista area, which has a number of people requesting annexation in return for water service, eligible for annexation under state law. These property owners have requested annexation in order to obtain city water. The site is developed with a single family home. The surrounding property is mainly residential in character. The site is zoned "SF- 20" Single Family Residential today, under the Wichita-Sedgwick County Unified Zoning Code, and will convert to the City's "SF-6" Single Family Residential district upon annexation. All adjoining County land is currently zoned "SF-6" Single Family Residential. This property is served by a paved (asphalt mat) street, without curb and gutter or enclosed drainage. Legion Street is not scheduled to be upgraded in the City's Capital Improvement Program (CIP). Water service can be provided to this site from an 8 inch water supply line that is currently being installed along Legion north of 60th Street. This project is part of a larger plan by the City of Wichita to serve the entire RIO Vista area with city water. Sanitary sewer is not presently available at this location, nor is it being requested by the applicant. The Wichita Fire Department indicates fire protection can be extended to the requested annexation area with an approximate 9 minute response time by the City Fire Station No. 3, located at 3261 N. Broadway. Fire protection, however, is currently provided to this location on the basis of a first-responder agreement between the City and County. Motion -- Cole 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-86013 COMMUNICATION TOWERS COMMUNICATION TOWERS Marvin Krout Director of Planning reviewed the Item. Within Sedgwick County there are 82 towers on the ground and 16 in the planning stage. The Wichita School District is putting up 50 microwave towers near schools in residential areas. Public hearings have been held on each of the towers and, so far, there has only been opposition to one tower. An alternative is being done in place of the opposed tower. It would be in the public interest to try to encourage use of existing towers, buildings, and structures for new antenna installation and discourage the construction of new towers. Towers can be constructed only by right if they are in an industrial district. In order to build a new tower, no feasibility of constructing an antenna on an existing tower must be demonstrated. Providers are being encouraged to work with each other. The 1996 Telecommunications Act puts some limitations on local jurisdiction and some communities, trying to minimize towers, have had decisions overturned. Denials must be in writing and a public hearing must be held. The Planning Department has set up a data base which tracks towers, locations, heights, owners, and users. Code amendments will be coming forward within the next month which will clarify that antennas can be located on existing towers or structures; require applicants who desire to build new towers to show no feasibility of using existing towers; require leasing space on a new tower to additional users; allow another company to rebuild its tower at a later time to serve both the new applicant and the existing tower owner; and require construction of towers at least three feet from residential areas for each one- foot height of tower. Certain lighting is required by the FAA. Under the new ordinance, no strobe lights would be allowed except under a variance. Council Member Rogers Council Member Rogers said he would like to see a comprehensive plan developed which would include height, number, and geography of towers. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Council Member Ferris momentarily absent. Council Member Cole Council Member Cole encouraged Staff to return to the City Manager and City Council with what it is going to take to create a plan or to study the issue. OFF AGENDA ITEM MUNICIPAL COURT JUDGE MUNICIPAL COURT JUDGE NOMINATING COMMISSION. Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 7 to 0. Chris Cherches City Manager explained that the Municipal Court Judge Nominating Commission had requested an extension of time in order to conduct interviews. Motion -- Knight moved that an extension of time to May 23, 1997, be granted. Motion -- carried carried 7 to 0. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation, legal advice, contract negotiations; preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed no later than 11:10 a.m. in the City -- carried Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 10:25 a.m. and reconvened in regular session at 11:10 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 11:10 a.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 163 MAY 13, 1997 Page 1