MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, March 19, 1996 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Kamen; present. *Council Members Ferris, Rogers; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Marvin Hostetler, Pastor, First Church of the Brethren. 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 5, 1996, were -- approved approved 5 to 0. (Ferris, Rogers; absent) AWARDS AND PRESENTATIONS PRIDE OF CITY AWARD The "Pride of the City" Award was presented to Sheplers. Sheplers presented the City with a Sheplers belt buckle. PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. PUBLIC AGENDA *Council Member Rogers present. Comments - Massco, Inc. Cindy Warren Cindy Warren, 800 East 1st MASSCO building owner, stated that the warehouse building, when purchased, allowed easy access for truck loading and unloading. In addition to being a warehouse, the building offices 45 employees and had a jacuzzi. On August 4, 1995, MASSCO moved its warehouse out of Old Town because of street improvements and remodeling being done on Mead between 1st and 2nd Streets. The improvements included the installation of drainage, new street bricks, decorative light poles and benches, parking lot construction, and brick wall construction around the parking lot. The brick walls prevented MASSCO trucks from being able to load and unload on the docks. MASSCO, which was a thriving warehouse business at the time, was forced to leave Old Town and purchase a building on south Meridian. In addition to having to move, MASSCO is being assessed in the amount of $34,452.70 for the improvements. MASSCO derived no benefit from the improvements and, in fact, was forced to relocate the warehouse and incurred great expense. The building is on the market for sale but, as yet, it has not been sold. The corporate office is still located at 800 East 1st and there are 14 employees occupying 5,000 of the 50,000 square feet. The remaining 45,000 square feet is empty. The improvements to Mead should encourage business to the retail and restaurant businesses located in Old Town; however, it is suggested warehouse-type properties that are established businesses in the Old Town area be protected, somehow, from special assessments for improvements that afford no benefit these properties. Specifically, it was requested that the special assessment for the improvements on Mead between 1st and 2nd Streets which were assessed against 800 East 1st be deferred until such time as the ownership changes or the use of the property changes. Improvements to Moore Street is another project with identical problems. *Council Member Ferris present. Council Member Kamen Council Member Kamen said the street improvements actually drove MASSCO out of business in the Old Town area and forced location elsewhere. An attempt to sell the building by auction was recently made and an offer was made for about 25 percent of the building's worth (or what the owners have in the building). Council Member Cole Council Member Cole said she hoped the focus would be on the real issue of whether, in fact, infrastructure improvements benefit a property. The Council determined that this matter should be considered with Item 3 "Proposed Assessments for Paving Projects." UNFINISHED BUSINESS WATER PETITION PETITION FOR WATER DISTRIBUTION SYSTEM TO SERVE PEPPERMINT PARK ADDITION AND PARK OF MILES HIDDEN LAKES ADDITION, EAST OF 119TH STREET WEST, NORTH OF KELLOGG. Continued from March 5, 1996. Mike Lindebak City Engineer explained that a request has been made for the original project petition to be withdrawn. The project will proceed later based on the appropriate petition(s). Council Member Ferris Council Member Ferris said he had met with some of the neighbors and that it is thought the new petition(s) will be very acceptable to all of them. The Water Department will extend the water service and the remaining eight owners, as such time as water service is desired, will be able to connect to water service but will have to pay an in-lieu-of assessment. Motion -- Ferris moved that the petition be withdrawn from the Agenda. Motion carried -- carried 7 to 0. PAVING ASSESSMENTS PROPOSED ASSESSMENTS FOR PAVING PROJECTS. (Item No. 3) Continued from March 5, 1996. i. (472-82405/762260/490-329) Improving of an alley between Douglas and William from the east line of Topeka to the west line of Emporia, English's Addition (east of Broadway, south of Douglas), as authorized by Resolution No. R-93-502 adopted December 14, 1993, and published December 17, 1993. This improvement was ordered in by the City Council. The Statement of Cost approved January 23, 1996, in the amount of $55,158.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a square foot basis. Mike Lindebak City Engineer said the total project cost was $55,158. Of that amount, $4,331.25 was for brick pavers. Reducing the $4,331.25 from the total amount to be assessed will reduce Ms. Moses proposed assessment from $2,121.46 to $1,1954.88. The enhancements occur in the sidewalk areas on both the east and west ends of the alley. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Cole Council Member Cole said, "It is my belief that if we were to withdraw each and every enhancement that we attempt to provide in certain areas, in infrastructure, and spread those to the general population, that that also is unfair because the enhancements, generally, occur and do provide additional benefit, I believe, to the area in which they occur. And so, it is my belief, in this project and others like it, that those persons who do enjoy the benefit from the enhancements should participate in the cost." Motion -- Cole moved that the public hearing be closed, the assessments be approved as originally presented to the Council, and the Ordinance be placed on first reading. Gary Rebenstorf Director of Law, responding to a question, explained that under State law, when the property benefits, then the special assessment is appropriate. The courts have said the present use is not looked at but whether there is any benefit whatsoever to the land. Mike Lindebak City Engineer said any type of brick pavers or landscaping is an enhancement and property in the area does derive enjoyment from the enhancements. The recalculation was done for Ms. Moses as directed by the Council and the result would be a reduction in the assessment to Ms. Moses. Mayor Knight Mayor Knight said it would be a benefit for the Council to deal with these things at the start of a project instead of at the time of assessment approval. Council Member Rogers Council Member Rogers stated that he did not see how paving bricks could be eliminated as a part of the cost if it is an improvement. Council Member Ferris Council Member Ferris said that if City Council wants pavers to be a part of the amenities for the entire downtown area, the pavers should be paid for by the City - not by individuals who wanted only paving. Substitute motion -- Knight moved a substitute motion that that the public hearing be closed, the assessments be recalculated with the brick paver portion being assessed city-wide, and the Ordinance be placed on first reading. Substitute motion -- carried carried 4 to 3. Cather, Cole, Rogers - No. ORDINANCE 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 an alley between Douglas and William from the east line of Topeka to the west line of Emporia, English's Addition (east of Broadway, south of Douglas), introduced and under the rules laid over. (472-82405/762260/490-329) j. (472-82376/762294/490-332) and s. (472- 82478/762642/490-367) 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), as authorized by Resolution No. R-93-374 adopted September 21, 1993, published September 24, 1993; and amended by Resolution No. R-95-314 adopted July 25, 1995, published July 28, 1995; and revised by Resolution No. R-95-526 adopted November 14, 1995, and published November 17, 1995. Petition for this improvement was signed by owners representing 83 percent of the property ownership. The Statement of Cost, including the cost of driveways, approved January 23, 1996, in the amount of $510,617.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. AND 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), as authorized by Resolution No. R-94-302 adopted July 12, 1994, published July 15, 1994; rescinded by Resolution No. R-95-001 adopted January 10, 1995, and published January 13, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, including the cost of driveways, approved January 23, 1996, in the amount of $627,894.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. Mike Lindebak City Engineer said he had contacted the Barefoot Bay developer, Jack Ritchie, to determine what information was provided to the prospective buyers of the ground. A copy of a newsletter was provided which indicated that assessments were to be in the range of $240 to $300 per month for improvements in the subdivision. Indication by speakers at the March 5th City Council meeting was that Mr. Ritchie had said something at a homeowners' picnic, in the Fall of 1995, about assessments being in the range of $155 per month. Mr. Ritchie said he had said he had contacted Professional Engineering Consultants (PEC) and the estimate given was on completed projects. Sharon Buck, real estate agent at the meeting, had added that there were additional assessments to be levied. Mr. Ritchie had also advised that those wanting the latest information on assessments should contact Sharon Buck or call the City for that information. An indication was given that some of the utility bids had been favorable and it was thought they would be closer to the lower end of the assessment range. Regarding the railroad crossing and signal, Mr. Ritchie indicated that the construction portion of Ritchie had been doing business at their present location for over 20 years as an asphalt and sand extraction plants and that their trucks and equipment could cross the railroad tracks at will without a crossing or signal. The installation of the signal and crossing would not be of any "benefit" to Ritchie and the reason for the crossing and signals being installed was because the area to the north of the tracks was being converted to residential lots. Mr. Ritchie did not see how he could ask the Ritchie construction portion to pay for any of the crossing or signal costs. The City Engineer went to the site to see where Ritchie vehicles crossed the railroad tracks and found that there is a small yard where concrete crews assemble, and are issued small hand tools and forms. None of the concrete trucks from the ready-mix plant use the crossing nor do the trucks that access the maintenance facility. The crossing will not be torn apart by trucks using it on a regular basis. Gary Rebenstorf Director of Law, responding to questions, said that under the present petition the assessments could not be spread to other properties in the area. The only way to assess other properties would be to present another 51 percent petition with the other properties included. The Council could order in the project but a 51 percent protest petition would stop any ordering in of property. Other properties in the area, in the future, could not be assessed for a portion of the cost of these improvements unless the other properties are willing to go along and would voluntarily participate in the assessment project. Council Member Ferris Council Member Ferris said he has been working with Council Member Kamen on some kind of developers' disclosure agreement for future projects. In this case, there is no city- wide benefit and this is an unfortunate situation which is now between the homeowners and developers. Motion -- Ferris moved that the public hearing be closed, the assessments be approved, and -- carried the Ordinances be placed on first reading. Motion carried 7 to 0. Motion -- carried Knight moved that Items j and s be reconsidered. Motion carried 7 to 0. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Richard Seng Richard Seng, representing 27 property owners, said there is substantial traffic movement to the Ritchie businesses and both the crossing and North Shore Boulevard are of benefit to both businesses. The allocation of assessments is not fair and it is the City Council's responsibility to supervise this and make sure there is fair assessment. Council Member Ferris Council Member Ferris explained that it is not relevant whether or not the Ritchie properties benefit. There was a 100 percent petition in which the owner, at the time the petition was submitted, said would be paid for by the area covered in the petition. Sharon Buck Sharon Buck said she had asked numerous questions of numerous people including persons including the developer, engineering, PEC, and others but she did not get the right information. Dave Gordon Dave Gordon said it seemed unfair that the Ritchie companies, which bear the same name as the developer, do not have to share a portion of the cost. Council Member Kamen left the Bench. Mr. Gordon said he had purchased his lot before the newsletter was sent and that he had followed up after he received the newsletter and was told the railroad crossing arms would not have to be put up. Richard Darge Richard Darge said the Ritchie property benefits as much or more than the residents' property. There are two railroad track crossings - one goes directly into Ritchie's property and the other goes into the development area but the development area is paying for both crossings. Council Member Ferris Council Member Ferris explained that there is no legal way the City can assess the Ritchie property for the improvements. Motion -- Ferris moved that the public hearing be closed, the assessments be approved, and -- carried the Ordinances be placed on first reading. Motion carried 7 to 0. ORDINANCE 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), introduced and under the rules laid over. (472-82376/762294/490-332) ORDINANCE 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), introduced and under the rules laid over. (472-82478/762642/490-367) (The Council took up Item 4 and then returned to Item 3. Action is shown in Agenda order.) k. (472-82436/762369/490-339) There was no action taken on this Item. Council Member Rogers left the Bench. v. (472-82486/762674/490-370) Improving Moore Avenue from 1st to 2nd Streets North; and necessary transitions (Old Town Phase III, Part 1), as authorized by Resolution No. R-94-360, adopted August 30, 1994, and published September 2, 1994. This improvement was ordered in by the City Council. The Statement of Cost approved January 30, 1996, in the amount of $387,755.00 is to be apportioned 75 percent to the improvement district and 25 percent to the City at large. The cost has been assessed on a square foot basis. Mike Lindebak City Engineer reviewed the Item. On March 5, 1996, Dennis Wilkie, Vanderkellen Galleries, Inc., 701 East 2nd, spoke to the Council about the proposed assessment to his property. In a departure from the previous Old Town street projects, the surface of Moore was paved with asphalt instead of paving bricks. The sidewalks were constructed with concrete pavers to match the other areas of Old Town. Because of the reduced street paving cost, at the time the project was considered by the Council, staff recommended and the Council concurred in approving a cost split of 75 percent special assessment and 25 percent City at-large instead of the 50-50 split on previous projects. The proposed assessment rate for Moore is about $2.52 per square foot of ownership. The assessment rate for Mead from 1st to 2nd, one block away, which was constructed to the previous Old Town standard with the cost being split 50-50, is $3.94 per square foot, a rate almost 60 percent higher than for Moore. Council Member Rogers present. Dennis Wilkie Dennis Wilkie said he spoke out in August, 1994, against the cosmetic improvements of Moore Street. In August of 1994, the City was the only other property owner on the block and wanted to make the area a good area for foot traffic. Mr. Wilkie said he does not derive any direct benefit and that he had tried to stop the project originally. The MASSCO building and Mr. Wilkie's building are currently worth about 1/4 of what the buildings were worth about seven years ago, when groundwater contamination was an issue, long before Old Town. There are many people interested in developing restaurants, boutiques, and clubs in the Old Town area but these same people want to "steal" the property. When the MASSCO building was being auctioned, there were many developers at the auction with an interest in development but none of the developers wanted to pay anything for the building. It is felt that if Mr. Wilkie tried to sell his building, the building would bring about 1/4 of what the building was worth years ago. Mr. Wilkie asked that the City Council not assume benefit is derived because the property is worth more now because it is unknown where the building could be sold at a big profit even with the development that has taken place. Council Member Cole Council Member Cole stated that the general assumption, which has been tested in the courts, is that infrastructure improvements do add value, in the long run, to a property. The existing use of the business is not the major factor that figures in the process. The courts have upheld that, in fact, infrastructure improvements do add value to the business. Other property owners who have invested in the area, as well as Council Member Cole, have accepted the basis on which the improvements in Old Town were to be made. For the Council to go back and revise that basis threatens the financial basis on which the project has moved forward. It also alienates people that have taken risks and moved into the area and have paid for the improvements in the area. There can be situations given where value has been added to the property so it does not fit to say that increase in value simply has not occurred. Council Member Kamen Council Member Kamen said this project was City driven, not petitioned, because the City owned most of the property. Old Town is a good project but some of Council Member Kamen's criticism is that, for previously existing buildings, a genocide of existing businesses has been created by creating streets in which semi-trailer trucks cannot be backed up to docks, sidewalks have been installed where existing businesses would not benefit, and in Mr. Wilkie's case, the access to the arterial street has been blocked requiring access through a parking lot. The pavement put into these streets is probably not sufficient for heavy truck traffic anyway. There are two reasons that the properties have decreased in value besides those mentioned. One is that there is a surplus of buildings because businesses are being forced out and there are a lot of empty buildings. The second reason is that multi-story buildings are probably suffering the worst. The elevators were designed as freight elevators. Retail establishments would have to install passenger elevators costing about $60,000 in order to meet handicap requirements. The Weigand auction of the MASSCO building set the market for these buildings for which bids received were about 1/4 the price they should have brought as warehouses for which the buildings can no longer be used. For those buildings which have been developed in Old Town, there has been an increase in value. Council Member Ferris Council Member Ferris said that, with the initiation of Old Town, it was the Council's intent to preserve a mixed-use area. There were many business owners who asked that the City not run them out of business and the Council said, at that time, that was not the intention. This situation is that Mr. Wilkie's building is, and is used as, a warehouse. The purpose of these hearings is to determine whether or not there is benefit to property. There is probably benefit to Mr. Wilkie's property in the long term. Council Member Ferris asked that the City Attorney look into whether the City has the ability to enter into a contractual agreement (which would be a lien against the property) with the property owner which would defer assessments (which might then be a lump-sum amount) until such time as the building is sold or the use of the property has changed; and that Staff contact Mr. Wilkie to see whether he would be interested in using such agreement if it can be made available. Council Member Cole Council Member Cole stated that she would be willing to look at this type of arrangement as Mr. Wilkie is not the only one in this situation. Council Member Cole also asked that the City Attorney look at how this fits in the Tax Increment Financing District and to what degree an alteration in this procedure then troubles assumptions in the TIF. Council Member Kamen Council Member Kamen said the reconsideration should be given and the Law Department should also look into the MASSCO property situation. Motion -- Cole moved that this Item be deferred two weeks and that the Law Department look at the general concept which has been discussed. Council Member Ferris Council Member Ferris said the MASSCO property is on Mead Street which has already been let and spread. Council Member Kamen Council Member Kamen said he hoped the Director of Law would bring some Law to the Council for a decision in two weeks. -- carried Motion carried 7 to 0. z. (472-82510/762872/490-390) Improving of Custer Avenue from the north line of 18th Street North to the south line of McLean Boulevard (east of Sheridan, north of 13th), as authorized by Resolution No. R- 94-479, adopted November 15, 1994, and published November 18, 1994. The improvement was order in by the City Council. The Statement of Cost, including the cost of driveways, approved January 30, 1996, in the amount of $59,871.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a square foot basis. Mike Lindebak City Engineer reviewed the Item. The City Engineer met with Mr. Pritchard and reviewed how the project was initiated and the project expenses. Mr. Pritchard verified that he had received previous notifications and correspondence from the City but had been unable to attend previous meetings. The City Engineer believed Mr. Pritchard's concerns have been addressed. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the public hearing be closed, the assessments be approved, and -- carried the Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE 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 Custer Avenue from the north line of 18th Street North to the south line of McLean Boulevard (east of Sheridan, north of 13th), introduced and under the rules laid over. (472- 82510/762872/490-390) ll. (472-82053/763052/490-408) Improving of Prescott from the southerly line of Lot 28, Block 2, and Lot 17, Block 3, Pawnee Mesa Third Addition to the south line of Prescott Court, (north of Pawnee, west of Lark), as authorized by Resolution adopted September 18, 1990, and published September 21, 1990. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $54,317.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. Mike Lindebak City Engineer reviewed the Item. The Pawnee Mesa development was platted in the early 1980's by Builders, Inc., and part of the original addition was replatted in 1990 as Pawnee Mesa Addition. As a result, new petitions were filed for street paving. Two lots were inadvertently included in two improvement districts causing an inappropriate double assessment. A revised Resolution has been done to correct the situation. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the public hearing be closed, the amending Resolution be adopted, the revised assessments be approved, and the Ordinance be placed on -- carried first reading. Motion carried 7 to 0. RESOLUTION NO. R-96-097 Resolution of findings of advisability and Resolution authorizing improving of Prescott/Lotus from the west line of Pawnee Mesa Third Addition to the north line of Lot 12, Block 3,Pawnee Mesa Third Addition, Project No. 472-82053 (north of Pawnee, west of Lark) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE 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 Prescott from the southerly line of Lot 28, Block 2, and Lot 17, Block 3, Pawnee Mesa Third Addition to the south line of Prescott Court, (north of Pawnee, west of Lark), introduced and under the rules laid over. (472-82053/763052/490-408) mm. (472-82006/763102/490-413) Improving of 50th Street South from the east line of Broadway to and including the cul-de-sac at the west line of Southglen 3rd Addition (east side of Broadway, south of 47th Street South), as authorized by Resolution adopted February 27, 1990, and published March 9, 1990. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996, in the amount of $102,644.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. Mike Lindebak City Engineer reviewed the Item. On March 5, 1996, Bill Morris, owner of the Glen Acres Mobile Home Park, said he did not receive notification from the City of the assessment hearing. Assessment hearing notices are not mailed by registered or certified mail so staff cannot verify either mailing or receipt of the notice. Staff believes this is not a significant issue because Mr. Morris signed a petition in 1990 requesting the paving and agreeing to pay one-half of the project cost. Staff spoke with Mr. Morris about the project and mailed information and project plans to him. The petition Mr. Morris signed was for a total project cost of $111,000 without considering inflation or temporary finance charges. The final total cost, including temporary financing charges was approximately $102,000. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Gale moved that the public hearing be closed, the assessments be approved, and -- carried the Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE 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 50th Street South from the east line of Broadway to and including the cul-de-sac at the west line of Southglen 3rd Addition (east side of Broadway, south of 47th Street South), introduced and under the rules laid over. (472-82006/763102/490-413) NEW BUSINESS STORM DRAIN STENCILING NORTH HIGH SCHOOL STORM DRAIN STENCILING PROJECT. (Item No. 4) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 96-207. North High School has received a grant from the Kansas Department of Health and Environment (KDHE) to implement a pilot storm drain stenciling project in the Riverside and Midtown neighborhoods. The objective of this project is to decrease the amount of non-point source pollution from entering our area waterways and to increase the awareness of this problem in the neighborhoods. If approved, students will stencil storm drains on April 20th in the two neighborhoods (railroad tracks/St. Francis Street to the east; Central to the south; 21st to the north and the Big River to the West) in conjunction with "Earth Day" and distribute educational pamphlets. Water quality monitoring will be continued by students and a follow-up survey will assess the success of the program. Students from Earhart Environmental, Emerson Open Alternative, McLean Science and Technology, Marshal Middle and PV Middle Schools are also involved in the program. The proposal has been endorsed by the Riverside Citizens and Midtown Associations and the CPO North Central Council for District 6. The stenciling of storm drains is occurring throughout Kansas and the nation. The City of Topeka has implemented a similar program along with an environmental education campaign. A recent National Geographic magazine article pictured a student stenciling a storm drain in a city in North Carolina. The North High students will place a stencil on a storm drain and spray it with white paint. The stencil will read: " No Dumping - Drains to River" accompanied by a small silhouette of the endangered Arkansas River Darter fish. The cost of the project will be sustained by North High School. If approved, this project would be at no cost to the City with the exception of staff time needed for a proposed environmental education campaign. The students, who will stencil the storm drains, will be supervised at all times by North High teachers. Public Works staff will loan reflective vests to the students in an effort to make them more visible to motorists and to minimize possible liability. The Law Department has reviewed the proposal and found no liability problem. Jim Clark Jim Clark, representing North High School and NEWT (North Environmental Water Team), introduced students from the following areas: North High School Emerson Open Magnet School McLean Science and Technology Pleasant Valley Middle School Earhart Environmental Magnet School John Marshall Middle School Mr. Clark said the objective of the new proposals to implement a storm stenciling project in the Riverside and Midtown neighborhoods is to decrease the amount of non-point source pollution entering the waterways and to increase the awareness of the problem in the neighborhoods and in Wichita. Non-point source pollution is pollution which enters the waterways without an identifiable source. Mayor Knight momentarily absent; Vice Mayor Kamen in the Chair. Kelly Clark Kelly Clark, Emerson Open Magnet School, stated that every Tuesday two students from the school test the Arkansas River for pollution. Ms. Clark reminded the Council of the day when Wichita was temporarily out of water and said, "and that problem could become permanent if we don't take action." Matt Schock Matt Schock, Emerson Open Magnet School, explained that a lot of water problems are causing the river life to die. Water testing done by the North Environmental Water Team has shown that nitrate and phosphorous levels have been rising rapidly as the weather warms. It is believed the rise is due to people washing cars, houses, and garages, and starting to fertilize lawns. High nitrate levels in water can kill fish and plants. High phosphate levels in soaps can clog the water and blood cycles in life forms causing them to dehydrate. Emily Clark Emily Clark, Emerson Open Magnet School, said the Arkansas River Shiner fish is used as an indicator. When the fish is doing bad health-wise, it is known that the water is being polluted in some way. The water needs to be kept clean for present and future generations. Michelle Hinkle Michelle Hinkle, Pleasant Valley Middle School, stated that it is hoped stencil painting on storm drains will remind people not to contaminate the City's water supply. If people can be made aware of things being disposed of in the water, it is felt these same people will want to become involved in prevention. Whitney Hoffman Whitney Hoffman, McLean Science Technology Magnet School, said testing has shown that the water in Wichita is very dirty in Wichita. The Little Arkansas River runs behind Whitney's house and is so polluted that it smells. It is very important that people in Kansas and Wichita keep the rivers clean. Some events during the Wichita River Festival have had to be canceled due to river water pollution. Clean water is also important for wildlife. Fish that are caught in the rivers are not fit to eat; and the wildlife using the river as a water source need clean water. Camilla (inaudible) Camilla, John Marshall Middle School, said water tests done from the 18th Street Bridge showed a lot of sticks, trash, and pollution in the water. Helen Furst Helen Furst, Pleasant Valley Middle School, stated that stenciling the storm drain will help inform the public that the pollution needs to be stopped because all of the drains lead straight to the river. Council Member Cole Council Member Cole expressed concern that the stencils last as long as possible. Steve Lackey Director of Public Works said staff would research the matter and try to provide assistance to ensure the paint or a paint coating will be of quality to last as long as possible. Council Member Cather Council Member Cather stated that the spirit of the students is what makes Wichita an All American City. Motion -- carried Cole moved that the project be approved. Motion carried 7 to 0. TRAFFIC COMMISSION TRAFFIC COMMISSION REPORT. Bill McKinley Traffic Engineer reviewed the Item. Agenda Report No. 96-208. Two items, namely the closure of Waco between Douglas and First Street and the modification of pedestrian facilities at Central and Maize were discussed and acted upon during the February meeting of the Traffic Commission. a. Closure of Waco Between Douglas and First Street. (District VI) Grand Heritage, purchasers of the Ramada Inn- Broadview, has requested the permanent closure of Waco between Douglas and First Street to accommodate a proposed major covered entrance from Waco into the remodeled hotel. It will also pro- vide a pedestrian-friendly atmosphere between the hotel proper and the parking garage on the east side of Waco. A traffic study was conducted to determine the impact on traffic if Waco was closed between Douglas and First Street. The study indicates that Waco could be closed with minor modifications to signal timing at a few intersections surrounding the area. The estimated cost to close Waco between Douglas and First Street is yet to be determined between staff and the hotel developer. Staff is working with representatives of Grand Heritage to develop a final cost estimate and petition to construct the proposed project. Motion -- Cole moved that the February Traffic Commission Minutes be received and filed; -- carried and the permanent closure of Waco be approved. Motion carried 7 to 0. b. Modification of Pedestrian Crossing at Central and Maize. (District V) In March 1988, the City Council approved the installation of right-turn signals, as well as "no right turn on red" signs at the intersection of Central and Maize. In addition, the signal timing was changed so that when pedestrians pushed the button to receive a "walk" light, the intersection would go all red for one minute, thus eliminating pedestrian traffic conflicts. These changes were made to protect students going to and from Peterson Elementary School. Traffic Engineering staff reviewed the operation at Central and Maize during the times students crossed the intersection on three separate days. The study concludes and recommends that the existing traffic control signing and signalization can be modified by replacing "no turn on red" signs with signs stating "no turn on red between 8:30 to 9:00 a.m. and 4:10 to 4:30 p.m.", and removing the "right turn signal ahead" signs at the beginning of the right turn lane and replacing them with "no right turn on red between 8:30 to 9:00 a.m. and 4:10 to 4:30 p.m." The signing modifications to the intersection of Central and Maize will cost approximately $500. The work can be performed by City crews without an increase in the Traffic Maintenance budget. Mayor Knight momentarily absent with Vice Mayor Kamen in the Chair. Council Member Ferris Council Member Ferris said this matter and the I-235 and Zoo Boulevard and Windmill and Zoo projects should to be taken to CPO 5. After the CPO hearing, the Council should look at the comments and then have the Item returned to the Council for consideration. Council Member Kamen Council Member Kamen stated that to expect all of the children to be there between 8:30 and 9:00 a.m. and between 4:10 and 4:30 p.m. is something that probably will not happen. Also, having no turns during certain specific times would be very confusing to people entering the intersection. Bill McKinley Traffic Engineer said that what was put up was basically to protect the low volume of students going to and from Peterson Elementary School. Council Member Kamen Council Member Kamen said it would be nice if all children could be taken to school by their parents or by bus but that is not practical; and he said he has a problem with this in general. Council Member Cole left the Bench. Motion -- Ferris moved that this Item be referred to CPO 5; notice of the date, place, and time of the public hearing be sent to Peterson Elementary School (so that parents may be notified); and that the Item be returned to the City Council after the CPO -- carried hearing. Motion carried 6 to 0. (Cole absent) RECESS The City Council recessed at 11:20 a.m. and returned at 11:35 a.m. Council Members Cather, Cole; absent. SOLID WASTE PLAN SOLID WASTE PLAN FOR WICHITA AND SEDGWICK COUNTY. Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 96-209. Under state law, every county in Kansas is required to develop a solid waste plan. The law also provides for a county to enter into an interlocal agreement with a city in the county to act as the solid waste planning agency for the county. Such an interlocal agreement was entered into between the City of Wichita and Sedgwick County on October 12, 1993. Per the requirements of state law and the terms of the interlocal agreement, a Wichita-Sedgwick County Solid Waste Management Committee was formed to oversee the development of the solid waste plan for Sedgwick County. The Committee spent considerable time studying the key policy issues in anticipation of the development of a plan that would incorporate the results of that work and the solid waste strategy that had been developed to that point. This process was altered during the summer of 1995 when it became clear from the City Council that the City was not going to proceed with the development of the Kingsbury Landfill. The Committee then moved very quickly to develop a "Recommended Strategy for Solid Waste Management." This strategy formed the basis for a way to ensure solid waste capacity in the short run and to study and bring on line a solution in the longer term. On October 10, 1995, the City Council adopted the strategy. This strategy is included as a key part of the proposed solid waste plan. The proposed plan does not set out how Wichita and Sedgwick County will solve our solid waste problems, rather it describes how we will approach addressing these challenges. It incorporates as a major attachment the Integrated Solid Waste Plan completed for the City by Camp Dresser and McKee (CDM) in late 1992. This plan provides data on our planning region. The specific recommendations of the CDM plan are not included in this plan. The Kansas Department of Health and Environment (KDHE) has indicated to the City that it is not necessary for a community to know exactly how it will address its solid waste challenges. It is sufficient that a plan explain how a county will proceed to reach that point while providing for sound solid waste management in the interim. Part of the motivation for the adoption of this plan is that its approval by the State of Kansas will allow the City of Wichita and other public and private entities in Sedgwick County to apply for competitive state wide grants to implement solid waste plans. The State of Kansas anticipates to have $1,000,000 in grant moneys available for application every six months for the next two to three years. The Wichita-Sedgwick County Solid Waste Management Committee approved the solid waste plan and recommends to the City Council that the Council adopt the plan and submit it to the Kansas Department of Health and Environment for approval. The Kansas Department of Health and Environment will review the plan. Once accepted by them, the City will have completed its required initial planning work per the interlocal agreement with Sedgwick County. Council Members Cather, Cole; present. Milt Pollitt Milt Pollitt, Chairman of the Solid Waste Management Committee, said the Plan is an outline of requirements of State Statute and can be changed as the law is changed. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Solid Waste Management Plan for Wichita and Sedgwick County and the Resolution be adopted; and staff be directed to forward same to the Kansas Department of Health and Environment for approval. Motion carried -- carried 7 to 0. RESOLUTION NO. R-96-092 A Resolution adopting a comprehensive solid waste management plan for Sedgwick County, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (The Council proceeded to Item 8 and action is shown in Agenda order.) WATER/SEWER PROJECTS PUBLIC HEARING: PROPOSED ASSESSMENTS FOR WATER AND SEWER PROJECTS. Agenda Report No. 96-210. On March 5, 1996, the Council was notified that the proposed assessment rolls for construction of the following water and sewer projects had been prepared and were on file in the office of the City Clerk for public inspection: WATER PROJECTS: a. (448-88783/732057/470-283) - Construction of Water Distribution System Number 448-88783, Bradley Fair Addition (south of 21st, east of Rock), as authorized by Resolution No. R-94-037, adopted February 1, 1994, and published February 4, 1994, and by Rescinding Resolution No. R-94-213, adopted May 24, 1994, and published May 27, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $34,635.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. b. (448-88851/732370/470-315) - Construction of Water Distribution System Number 448-88851, Harbor Isle Addition (east of Meridian, south of 53rd Street North), as authorized by Resolution No. R-94-323, adopted July 26, 1994, and published July 29, 1994, and by Rescinding Resolution No. R-94-528, adopted December 20, 1994, and published December 23, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $123,842.00 is to be apportioned $47,059.96 to the improvement district and none to the City at large and $76,782.04 to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. c. (448-88768/732487/470-326) - Construction of Water Distribution System Number 448-88768, White Tail (south of 13th, west of 127th Street East), as authorized by Resolution No. R-93-487, adopted November 30, 1993, and published December 3, 1993. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $59,824.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. d. (448-88769/732495/470-327) - Construction of Water Distribution System Number 448-88769, White Tail (south of 13th, west of 127th Street East), as authorized by Resolution No. R-93-488, adopted November 30, 1993, and published December 3, 1993. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $102,321.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. e. (448-88872/732511/470-329) - Construction of Water Distribution System Number 448-88872 (north of 13th, east of 143rd Street East), as authorized by Resolution No. R-94-493, adopted November 29, 1994, and published December 2, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $58,244.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. f. (448-88895/732586/470-336) - Construction of Water Distribution System Number 448-88895 (north of 9th, east of I-135) , as authorized by Resolution No. R-95-100, adopted March 7, 1995, and published March 10, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $43,040.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a square foot basis. g. (448-88896/732594/470-337) - Construction of Water Distribution System Number 448-88896 (north of 21st, west of Tyler), as authorized by Resolution No. R-95-110, adopted March 14, 1995, and published March 17, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $64,628.00 is to be apportioned $51,702.40 to the improvement district and none to the City at large and $12,925.60 to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. h. (448-88904/732602/470-338) - Construction of Water Distribution System Number 448-88904, 45 Rock Road Industrial Park, (east of Rock, south of 45th Street North), as authorized by Resolution No. R-95-111, adopted March 14, 1995, and published March 17, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $32,771.00 is to be apportioned $19,990.31 to the improvement district and none to the City at large and $12,780.69 to the Water Utility Improvement Fund. The cost has been assessed on a square foot basis. i. (448-88906/732610/470-339) - Construction of Water Distribution System Number 448-88906, Stoneborough Addition (west of Broadway, north of 55th Street South), as authorized by Resolution No. R-95-112, adopted March 14, 1995, and published March 17, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $34,795.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. j. (448-88907/732628/470-340) - Construction of Water Distribution System Number 448-88907 (north of Pawnee, east of Maize), as authorized by Resolution No. R-95-141, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $167,022.00 is to be apportioned $21,712.86 to the improvement district and none to the City at large and $145,309.14 to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. k. (448-88900/732636/470-341) - Construction of Water Distribution System Number 448-88900 (north of Pawnee, east of Maize), as authorized by Resolution No. R-95-136, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $68,884.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. l. (448-88770/732644/470-342) - Construction of Water Distribution System Number 448-88770, White Tail (south of 13th, west of 127th Street East), as authorized by Resolution No. R-93-489, adopted November 30, 1993, and published December 3, 1993. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $39,181.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. m. (448-88888/732651/470-343) - Construction of Water Distribution System Number 448-88888 (south of Kellogg, east of 119th Street West) as authorized by Resolution No. R-95- 133, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $51,558.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. n. (448-88905/732669/470-344) - Construction of Water Distribution System Number 448-88905 (north of Pawnee, east of Maize), as authorized by Resolution No. R-95-140, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $66,564.00 is to be apportioned $44,597.88 percent to the improvement district and none to the City at large and $21,996.12 to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. o. (448-88732/732677/470-345) - Construction of Water Distribution System Number 448-88732, Meadow Oaks Addition (south of 29th Street North, east of Oliver), as authorized by Resolution No. R-95-189, adopted April 25, 1995, and published April 28, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $76,537.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. p. (448-88483/732693/470-347) - Construction of Water Distribution System Number 448-88483, Pawnee Mesa Third Addition (north of Pawnee, west of Lark), as authorized by Resolution, adopted September 18, 1990, and published September 21, 1990. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $16,103.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. q. (448-88924/732701/470-348) - Construction of Water Distribution System Number 448-88924 (north of 21st, east of Tyler), as authorized by Resolution No. R-95-237, adopted May 23, 1995, and published May 26, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $22,439.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. r. (448-88899/732719/470-349) - Construction of Water Distribution System Number 448-88899, Reflection Ridge 7th Addition (south of 29th, west of Ridge), as authorized by Resolution No. R-95-128, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $96,917.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. s. (448-88915/732735/470-351) - Construction of Water Distribution System Number 448-88915 (north of Pawnee, west of West Street), as authorized by Resolution No. R-95-178, adopted April 18, 1995, and published April 21, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996, in the amount of $37,772.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. t. (448-88854/732743/470-352) - Construction of Water Distribution System Number 448-88854 (east of Meridian, south of 53rd Street North) , as authorized by Resolution No. R- 94-325, adopted July 26, 1994, and published July 29, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996, in the amount of $41,914.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. u. (448-88868/732750/470-353) - Construction of Water Distribution System Number 448-88868 (east of Webb, north of Pawnee) , as authorized by Resolution No. R-95-042, adopted January 24, 1995, and published January 27, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $58,077.00 is to be apportioned $37,750.05 to the improvement district and none to the City at large and $20,326.95 to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. v. (448-88729/732768/470-354) - Construction of Water Distribution System Number 448-88729, Lake Ridge 2nd Addition (north of 21st, east of Ridge), as authorized by Resolution No. R-93-420, adopted October 19, 1993, and published October 22, 1993. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $75,935.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. w. (448-88928/732776/470-355) - Construction of Water Distribution System Number 448-88928 (south of Kellogg, east of Tyler), as authorized by Resolution No. R-95-278, adopted June 27, 1995, and published June 30, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $15,141.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a square foot basis. x. (448-88553/732784/470-356) - Construction of Water Distribution System Number 448-88553 (north of 13th, east of 119th Street West), as authorized by Resolution No. R-92-167, adopted March 17, 1992, and published March 20, 1992. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $45,707.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. y. (448-88925/732792/470-357) - Construction of Water Distribution System Number 448-88925 (north of Central, west of 119th Street West), as authorized by Resolution No. R- 95-297, adopted July 11, 1995, and published July 14, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996, in the amount of $106,775.00 is to be apportioned $98,766.87 to the improvement district and none to the City at large and $8,008.13 to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. z. (448-88699/732818/470-359) - Construction of Water Distribution System Number 448-88699 (north of 29th Street North, west of Ridge), as authorized by Resolution No. R-93-127, adopted April 6, 1993, and published April 9, 1993, and by Rescinding Resolution No. R-95-309, adopted July 25, 1995, and published July 28, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $22,621.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. aa. (448-88700/732826/470-360) - Construction of Water Distribution System Number 448-88700 (north of 29th Street North, west of Ridge), as authorized by Resolution No. R-93-128, adopted April 6, 1993, and published April 9, 1993. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $29,469.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Water Utility Improvement Fund. The cost has been assessed on a fractional basis. SEWER PROJECTS: a. (468-82260/742031/480-295) - Construction of Lateral 19, Main 1, Cowskin Interceptor Sewer (west of Maize, south of Maple), as authorized by Resolution No. R-93-013, adopted January 5, 1993, and published January 8, 1993, and by Rescinding Resolution No. R-95-047, adopted January 31, 1995, and published February 3, 1995. Petition for this improvement was signed by owners representing 78 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $209,794.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a square foot basis. b. (468-82407/742130/480-305) - Construction of Lateral 11, Main 13, Southwest Interceptor Sewer (north of Pawnee, west of Lark), as authorized by Resolution No. R-94-351, adopted August 16, 1994, and published August 19, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $40,639.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. c. (468-82418/742155/480-307) - Construction of Lateral 155, Sanitary Sewer No. 22 (east of Hydraulic, south of 31st Street South), as authorized by Resolution No. R-94-390, adopted September 20, 1994, and published September 23, 1994, and by Repealing Resolution No. R-94-506, adopted December 6, 1994, and published December 9, 1994, and by Repealing Resolution No. R-95-164, adopted April 11, 1995, and published April 14, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $156,536.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. d. (468-82433/742189/480-310) - Construction of Lateral 128, Main 4, Sanitary Sewer No. 23 (south of 37th Street North, west of Broadway), as authorized by Resolution No. R-94- 529, adopted December 20, 1994, and published December 23, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $43,006.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a square foot basis. e. (468-82462/742247/480-316) - Construction of Lateral 345, Southwest Interceptor Sewer (north of Pawnee, east of Maize), as authorized by Resolution No. R-95-149, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $169,325.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. f. (468-82443/742254/480-317) - Construction of Lateral 12, Main 13, Southwest Interceptor Sewer (south of Kellogg, east of 119th Street West), as authorized by Resolution No. R-95-134, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $122,343.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. g. (468-82340/742262/480-318) - Construction of Lateral 63, Main 5, Sanitary Sewer No. 23 (south of 29th Street North, east of Oliver), as authorized by Resolution No. R-95- 190, adopted April 25, 1995, and published April 28, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $113,384.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. h. (468-82474/742270/480-319) - Construction of Lateral 30, Main 1, Westlink Sewer, as authorized by Resolution No. R-95-211, adopted May 9, 1995, and published May 12, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $23,118.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a percentage basis. i. (468-82211/742288/480-320) - Construction of Lateral 312, Southwest Interceptor Sewer (south of 29th Street North, east of Tyler), as authorized by Resolution No. R-92-253, adopted April 21, 1992, and published April 24, 1992. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $147,990.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. j. (468-82052/742296/480-321) - Construction of Lateral 57, Main 22, War Industries Sewer, as authorized by Resolution, adopted April 10, 1990, and published April 13, 1990. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $51,924.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. k. (468-82469/742304/480-322) - Construction of Lateral 11, Main 14, Southwest Interceptor Sewer (north of Pawnee, west of West Street), as authorized by Resolution No. R- 95-179, adopted April 18, 1995, and published April 21, 1995, and by Rescinding Resolution R-95-390, adopted August 22, 1995, and published August 25, 1995, and by Amending Resolution No. R- 96-049, adopted February 13, 1996, and published February 16, 1996 . Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $71,291.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. l. (468-82408/742312/480-323) - Construction of Lateral 84, Sanitary Sewer No. 23, Harbor Isle Addition, (east of Meridian, south of 53rd Street North), as authorized by Resolution No. R-94-328, adopted July 26, 1994, and published July 29, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $74,534.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. m. (468-82480/742320/480-324) - Construction of Lateral 65, Main 22, War Industries sewer (north of 29th, east of Rock), as authorized by Resolution No. R-95-276, adopted June 20, 1995, and published June 23, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $69,667.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. n. (468-82423/742338/480-325) - Construction of Lateral 126, War Industries Sewer (east of Webb, north of Pawnee), as authorized by Resolution No. R-95-043, adopted January 24, 1995, and published January 27, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $32,101.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a square foot basis. o. (468-82335/742346/480-326) - Construction of Lateral 1, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge), as authorized by Resolution No. R-93-422, adopted October 19, 1993, and published October 22, 1993, and by Rescinding Resolution No. R-95-279, adopted February 13, 1996, and published June 30, 1995, and by Rescinding Resolution No. R- 95-380, adopted August 15, 1995, and published August 18, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $332,585.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. p. (468-82158/742353/480-327) - Construction of Lateral 33, Main 12, Southwest Interceptor Sewer (south of 21st, east of 119th Street West), as authorized by Resolution No. R- 92-171, adopted March 17, 1992, and published March 20, 1992, and by Rescinding Resolution No. R-95-381, adopted August 15, 1995, and published August 18, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $53,584.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. q. (468-82477/742361/480-328) - Construction of Lateral 349, Southwest Interceptor Sewer, (north of Central, west of 119th Street West), as authorized by Resolution No. R- 95-299, adopted July 11, 1995, and published July 14, 1995, and Rescinding Resolution 95-525, adopted November 14, 1995 and published November 17, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $190,436.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. r. (468-82358/742379/480-329) - Construction of Lateral 82, Sanitary Sewer No. 23, The Moorings 5th Addition (west of Meridian, south of 53rd Street North), as authorized by Resolution No. R-94-059, adopted February 15, 1994, and published February 18, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $12,275.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. s. (468-82300/742395/480-331) - Construction of Lateral 2, Main 17, Southwest Interceptor Sewer (north of 29th, west of Ridge), as authorized by Resolution No. R-93-139, adopted April 6, 1993, and published April 9, 1993, and by Rescinding Resolution No. R-95-310, adopted July 25, 1995, and published July 28, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $95,664.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. t. (468-82301/742403/480-332) - Construction of Lateral 3, Main 17, Southwest Interceptor Sewer (north of 29th, west of Ridge), as authorized by Resolution No. R-93-140, adopted April 6, 1993, and published April 9, 1993, and by Rescinding Resolution No. R-95-311, adopted July 25, 1995, and published July 28, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $53,692.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. u. (468-82501/742411/480-333) - Construction of Lateral 51, Main 9, Sanitary Sewer No. 23 (west of Rock, south of 37th Street North), as authorized by Resolution No. R-95-373, adopted August 1, 1995, and published August 4, 1995, and by Rescinding Resolution No. 95-464, adopted October 10, 1995, and published October 13, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $60,933.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a square foot basis. v. (468-82437/742429/480-334) - Construction of Lateral 341, Southwest Interceptor Sewer (west of Maize, south of 13th), as authorized by Resolution No. R-94-514, adopted December 13, 1994, and published December 16, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $33,773.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. w. (468-82488/742437/480-335) - Construction of Lateral 352, Southwest Interceptor Sewer (east of Tyler, north of 21st), as authorized by Resolution No. R-95-324, adopted July 25, 1995, and published July 28, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $147,633.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. x. (468-81943/750570/485-093) - Construction of Storm Water Sewer No. 384, as authorized by Resolution , adopted February 14, 1989, and published February 17, 1989. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $162,065.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a square foot basis. y. (468-82271/750612/485-097) - Construction of Storm Water Sewer No. 443 (south of 13th, west of Rock), as authorized by Resolution No. R-95-078, adopted February 28, 1995, and published March 3, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $41,986.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. z. (468-82467/750620/485-098) - Construction of Storm Water Sewer No. 460 (north of Pawnee, east of Maize), as authorized by Resolution No. R-95-144, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $107,641.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. aa. (468-82213/750646/485-100) - Construction of Storm Water Sewer No. 434 (south of 29th Street North, east of Tyler), as authorized by Resolution No. R-92-254, adopted April 21, 1992, and published April 24, 1992. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $192,723.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. bb. (468-82460/750653/485-101) - Construction of Storm Water Sewer No. 459 (south of 29th, west of Ridge) as authorized by Resolution No. R-95-129, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996 in the amount of $84,707.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. cc. (468-82226/750687/485-104) - Construction of Storm Water Sewer No. 436 (north of K-96, west of Rock Road), as authorized by Resolution No. R-92-427, adopted July 28, 1992, and published July 31, 1992, and by Rescinding Resolution No. R- 95-249, adopted June 6, 1995, and published June 9, 1995, and by Rescinding Resolution No. R-95-503, adopted October 31, 1995, and published November 3, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $197,500.00 is to be apportioned 100 percent to the improvement district and none to the City at large and none to the Sewer Utility Improvement Fund. The cost has been assessed on a fractional basis. Hearing on each of the proposed assessment rolls has been set for 11:00 a.m., Tuesday, March 19, 1996. Notice of Public Hearing with respect to each of the projects was published March 8, 1996, being not less than 10 days prior to the date of hearing. on the date of publication, a "notice of hearing and proposed special assessment" on each project was mailed to property owners concerned. An informal hearing with City personnel was held on March 13, 1996 for the water projects, and on March 14, 1996, for the sewer projects. K.S.A. 10-1009 provides that all assessments shall bear interest at such rate as the Governing Body determines, not to exceed the rate allowed by law. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Kamen left the Bench. Motion -- Ferris moved that the Public Hearing be closed, the proposed assessments be -- carried approved, and the ordinances be placed on first reading. Motion carried 6 to 0. (Kamen absent) ORDINANCE 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 construction of Water Distribution System Number 448-88783, Bradley Fair Addition (south of 21st, east of Rock), introduced and under the rules laid over. (448-88783/732057/470-283) ORDINANCE 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 construction of Water Distribution System Number 448-88851, Harbor Isle Addition (east of Meridian, south of 53rd Street North), introduced and under the rules laid over. (448-88851/732370/470-315) ORDINANCE 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 construction of Water Distribution System Number 448-88768, White Tail (south of 13th, west of 127th Street East), introduced and under the rules laid over. (448-88768/732487/470-326) ORDINANCE 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 construction of Water Distribution System Number 448-88769, White Tail (south of 13th, west of 127th Street East), introduced and under the rules laid over. (448-88769/732495/470-327) ORDINANCE 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 construction of Water Distribution System Number 448-88872 (north of 13th, east of 143rd Street East), introduced and under the rules laid over. (448-88872/732511/470-329) ORDINANCE 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 construction of Water Distribution System Number 448-88895 (north of 9th, east of I-135), introduced and under the rules laid over. (448- 88895/732586/470-336) ORDINANCE 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 construction of Water Distribution System Number 448-88896 (north of 21st, west of Tyler), introduced and under the rules laid over. (448- 88896/732594/470-337) ORDINANCE 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 construction of Water Distribution System Number 448-88904, 45 Rock Road Industrial Park, (east of Rock, south of 45th Street North), introduced and under the rules laid over. (448- 88904/732602/470-338) ORDINANCE 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 construction of Water Distribution System Number 448-88906, Stoneborough Addition (west of Broadway, north of 55th Street South), introduced and under the rules laid over. (448- 88906/732610/470-339) ORDINANCE 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 construction of Water Distribution System Number 448-88907 (north of Pawnee, east of Maize), introduced and under the rules laid over. (448-88907/732628/470-340) ORDINANCE 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 construction of Water Distribution System Number 448-88900 (north of Pawnee, east of Maize), introduced and under the rules laid over. (448-88900/732636/470-341) ORDINANCE 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 construction of Water Distribution System Number 448-88770, White Tail (south of 13th, west of 127th Street East), introduced and under the rules laid over. (448-88770/732644/470-342) ORDINANCE 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 construction of Water Distribution System Number 448-88888 (south of Kellogg, east of 119th Street West), introduced and under the rules laid over. (448-88888/732651/470-343) ORDINANCE 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 construction of Water Distribution System Number 448-88905 (north of Pawnee, east of Maize), introduced and under the rules laid over. (448-88905/732669/470-344) ORDINANCE 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 construction of Water Distribution System Number 448-88732, Meadow Oaks Addition (south of 29th Street North, east of Oliver), introduced and under the rules laid over. (448-88732/732677/470-345) ORDINANCE 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 construction of Water Distribution System Number 448-88483, Pawnee Mesa Third Addition (north of Pawnee, west of Lark), introduced and under the rules laid over. (448-88483/732693/470-347) ORDINANCE 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 construction of Water Distribution System Number 448-88924 (north of 21st, east of Tyler), introduced and under the rules laid over. (448- 88924/732701/470-348) ORDINANCE 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 construction of Water Distribution System Number 448-88899, Reflection Ridge 7th Addition (south of 29th, west of Ridge), introduced and under the rules laid over. (448-88899/732719/470-349) ORDINANCE 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 construction of Water Distribution System Number 448-88915 (north of Pawnee, west of West Street), introduced and under the rules laid over. (448-88915/732735/470-351) ORDINANCE 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 construction of Water Distribution System Number 448-88854 (east of Meridian, south of 53rd Street North), introduced and under the rules laid over. (448-88854/732743/470-352) ORDINANCE 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 construction of Water Distribution System Number 448-88868 (east of Webb, north of Pawnee), introduced and under the rules laid over. (448- 88868/732750/470-353) ORDINANCE 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 construction of Water Distribution System Number 448-88729, Lake Ridge 2nd Addition (north of 21st, east of Ridge), introduced and under the rules laid over. (448-88729/732768/470-354) ORDINANCE 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 construction of Water Distribution System Number 448-88928 (south of Kellogg, east of Tyler), introduced and under the rules laid over. (448-88928/732776/470-355) ORDINANCE 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 construction of Water Distribution System Number 448-88553 (north of 13th, east of 119th Street West), introduced and under the rules laid over. (448-88553/732784/470-356) ORDINANCE 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 construction of Water Distribution System Number 448-88925 (north of Central, west of 119th Street West), introduced and under the rules laid over. (448-88925/732792/470-357) ORDINANCE 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 construction of Water Distribution System Number 448-88699 (north of 29th Street North, west of Ridge), introduced and under the rules laid over. (448-88699/732818/470-359) ORDINANCE 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 construction of Water Distribution System Number 448-88700 (north of 29th Street North, west of Ridge), introduced and under the rules laid over. (448-88700/732826/470-360) ORDINANCE 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 construction of Lateral 19, Main 1, Cowskin Interceptor Sewer (west of Maize, south of Maple), introduced and under the rules laid over. (468-82260/742031/480-295) ORDINANCE 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 construction of Lateral 11, Main 13, Southwest Interceptor Sewer (north of Pawnee, west of Lark). (468-82407/742130/480-305) ORDINANCE 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 construction of Lateral 155, Sanitary Sewer No. 22 (east of Hydraulic, south of 31st Street South), introduced and under the rules laid over. (468-82418/742155/480-307) ORDINANCE 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 construction of Lateral 128, Main 4, Sanitary Sewer No. 23 (south of 37th Street North, west of Broadway), introduced and under the rules laid over. (468-82433/742189/480-310) ORDINANCE 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 construction of Lateral 345, Southwest Interceptor Sewer (north of Pawnee, east of Maize), introduced and under the rules laid over. (468- 82462/742247/480-316) ORDINANCE 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 construction of Lateral 12, Main 13, Southwest Interceptor Sewer (south of Kellogg, east of 119th Street West), introduced and under the rules laid over. (468-82443/742254/480-317) ORDINANCE 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 construction of Lateral 63, Main 5, Sanitary Sewer No. 23 (south of 29th Street North, east of Oliver), introduced and under the rules laid over. (468-82340/742262/480-318) ORDINANCE 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 construction of Lateral 30, Main 1, Westlink Sewer, introduced and under the rules laid over. (468-82474/742270/480-319) ORDINANCE 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 construction of Lateral 312, Southwest Interceptor Sewer (south of 29th Street North, east of Tyler), introduced and under the rules laid over. (468-82211/742288/480-320) ORDINANCE 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 construction of Lateral 57, Main 22, War Industries Sewer, introduced and under the rules laid over. (468-82052/742296/480-321) ORDINANCE 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 construction of Lateral 11, Main 14, Southwest Interceptor Sewer (north of Pawnee, west of West Street), introduced and under the rules laid over. (468-82469/742304/480-322) ORDINANCE 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 construction of Lateral 84, Sanitary Sewer No. 23, Harbor Isle Addition, (east of Meridian, south of 53rd Street North), introduced and under the rules laid over. (468-82408/742312/480-323) ORDINANCE 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 construction of Lateral 65, Main 22, War Industries sewer (north of 29th, east of Rock), introduced and under the rules laid over. (468- 82480/742320/480-324) ORDINANCE 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 construction of Lateral 126, War Industries Sewer (east of Webb, north of Pawnee), introduced and under the rules laid over. (468- 82423/742338/480-325) ORDINANCE 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 construction of Lateral 1, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge), introduced and under the rules laid over. (468-82335/742346/480-326) ORDINANCE 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 construction of Lateral 33, Main 12, Southwest Interceptor Sewer (south of 21st, east of 119th Street West), introduced and under the rules laid over. (468-82158/742353/480-327) ORDINANCE 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 construction of Lateral 349, Southwest Interceptor Sewer, (north of Central, west of 119th Street West), introduced and under the rules laid over. (468-82477/742361/480-328) ORDINANCE 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 construction of Lateral 82, Sanitary Sewer No. 23, The Moorings 5th Addition (west of Meridian, south of 53rd Street North), introduced and under the rules laid over. (468-82358/742379/480-329) ORDINANCE 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 construction of Lateral 2, Main 17, Southwest Interceptor Sewer (north of 29th, west of Ridge), introduced and under the rules laid over. (468-82300/742395/480-331) ORDINANCE 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 construction of Lateral 3, Main 17, Southwest Interceptor Sewer (north of 29th, west of Ridge), introduced and under the rules laid over. (468-82301/742403/480-332) ORDINANCE 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 construction of Lateral 51, Main 9, Sanitary Sewer No. 23 (west of Rock, south of 37th Street North), introduced and under the rules laid over. (468-82501/742411/480-333) ORDINANCE 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 construction of Lateral 341, Southwest Interceptor Sewer (west of Maize, south of 13th), introduced and under the rules laid over. (468- 82437/742429/480-334) ORDINANCE 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 construction of Lateral 352, Southwest Interceptor Sewer (east of Tyler, north of 21st), introduced and under the rules laid over. (468- 82488/742437/480-335) ORDINANCE 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 construction of Storm Water Sewer No. 384, introduced and under the rules laid over. (468-81943/750570/485-093) ORDINANCE 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 construction of Storm Water Sewer No. 443 (south of 13th, west of Rock), introduced and under the rules laid over. (468- 82271/750612/485-097) ORDINANCE 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 construction of Storm Water Sewer No. 460 (north of Pawnee, east of Maize), introduced and under the rules laid over. (468- 82467/750620/485-098) ORDINANCE 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 construction of Storm Water Sewer No. 434 (south of 29th Street North, east of Tyler), introduced and under the rules laid over. (468- 82213/750646/485-100) ORDINANCE 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 construction of Storm Water Sewer No. 459 (south of 29th, west of Ridge), introduced and under the rules laid over. (468- 82460/750653/485-101) ORDINANCE 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 construction of Storm Water Sewer No. 436 (north of K-96, west of Rock Road), introduced and under the rules laid over. (468- 82226/750687/485-104) Council Member Kamen present. HUD ALLOCATIONS 1996-97 HUD COMBINED ALLOCATIONS. (Item No. 8) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-211. The Grants Review Committee held a public hearing February 20-21, 1996 to provide an opportunity for City departments, non-City applicants and interested persons to address the Committee regarding applications for 1996-1997 program year funding. Copies of the seventy-nine (79) requests totaling $8,377,869 were provided the Grants Review Committee for review and comment. Recommendations from that body have been provided to the City Council. The 1996-1997 combined HUD funding for Wichita includes: Community Development Block Grant (CDBG) - $4,045,000; HOME Investments Partnership (HOME) - $1,613,000; and Emergency Shelter Grant (ESG) - $144,000. Funding requests for each program are listed by categories. Each grant program is restricted to certain federal allocation limits which cannot be exceeded. These are listed for each grant program as follows: CDBG $1,150,000 Public Services 20% Planning and Administration HOME 15% Neighborhood-Based Non- Profits(CHODOs) 10% Administration ESG 30% Essential Services 30% Homeless Prevention 5% Administration Based on the federal restrictions and Priority Needs, recommended funding allocations have been prepared for City Council consideration. The City Council has the option of accepting the recommendations or modifying the funding allocations, subject to federal allocation limits. A summary of CDBG requests by category is as follows: Category Requests Capital Development $ 845,920 Housing 2,185,568 Public Services 2,105,027 Planning & Administration 625,242 Other 145,208 Total Requests $5,906,965 A summary of HOME requests by category is as follows: Category Requests Non-CHODO $1,647,301 CHODO 525,000 Total Requests $2,172,301 A summary of Emergency Shelter Grant requests by category is as follows: Category Requests Rehabilitation $ 58,000 Maintenance & Operation 110,155 Essential Services 45,216 Homeless Prevention 78,032 Administration 7,200 Total Requests $298,603 The national objectives of the Community Development Act are to principally benefit low/moderate income persons, eliminate slum and blight, or meet other urgent community needs. The HOME program also must primarily benefit low/moderate income persons and the ESG program must benefit homeless persons. In l994, the City Council established Priority Needs to guide use of HUD funds. In addition to the Priority Needs, staff utilized the Neighborhood Initiative, Strategic Agenda and Council goals to develop its recommendations. The federal requirement of a combined funding application has complicated the process of allocating these funds. As in prior years, allocation of funds considers efforts to maximize collaborative efforts by community agencies and encouragement of private involvement. The 1996-1997 CDBG grant is $4,045,000; the HOME grant is $1,613,000; and the ESG grant is $144,000. The allocations made will be effective July 1, 1996. The City has met federal requirements in the allocation of funds. Prior to final allocations/payments, each project must be verified for eligibility for use of the respective grant funds. Subsequent to the allocation of funds, staff will prepare a One Year Action plan of activities to be funded. A draft One Year Action Plan will be presented to the City Council for consideration prior to being made available for a required thirty (30) day public review and comment period. At the end of the comment period, the final plan will be submitted to the City Council for approval and authorization to submit to HUD. Council Member Ferris momentarily absent. Chris Cherches City Manager, responding to a question, explained that the Grants Review Committee did not have all of the information on the background of the Cities in Schools. This will represent the third year of funding for the program. It is felt that, based on performance standards submitted in previous years, along with this year's submission, Cities in School has exceeded all performance standards and become the most valuable addition to the Lighted School Community Education Program. Staff felt, based on the activities, the collaboration with the Colvin neighborhood school, and activities Cities in Schools is involved in within the school system, this is a worthy program. Because Cities in Schools has exceeded what was indicated would be accomplished, Staff felt third year funding should be given. Regarding Inter-Faith Ministries, C-75, the City Manager said Inter-Faith Ministries would be receiving $100,800 from Community Development Funds and Home Funds. Inter-Faith applied for a number of applications and Staff recommends a total of $100,800. The YWCA is receiving $170,000 which is based on historical allocations from the City. Council Member Rogers Council Member Rogers stated that the expansion of the Committee and the work and time put in is commendable. Conceptually, in certain smaller communities within Wichita, historically the City has not provided the kind of support that enables, organizationally, those structures to grow and develop. There are significant organizations that because of that kind of funding have only had a limited role in terms of what they could do. What they have done has been done extremely well. Perhaps the Grants Review Committee and/or City Staff are not fully aware of the significance of some of the smaller operations and the significant role they are playing and how the persons they are serving are infusing themselves throughout the community as a result of the kinds of experiences they have had in those organizations. There some additional funds available from a number of other paybacks through the CDBG Program. Council Member Rogers asked that he be allowed to work with Staff on some specific matters to bring back to the Council at a later date. Motion -- Approve funding allocations for the City's 1996-97 HUD Consolidated Plan/Combined Application and authorize preparation of the one year action plan. Motion -- carried carried 7 to 0. HUD - CDBG LOAN AMENDMENT TO HUD CONSOLIDATED PLAN - CDBG LOAN. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-212. The City has been working with WI/SE to recruit a new company to locate in Wichita. Wichita is in competition with other cities for the company. WI/SE has requested assistance and support from both the State and City to recruit the company to Wichita. An incentive CDBG loan in the amount of $90,000 is being considered as a part of a package arrangement with the company. CDBG funds can be used for special economic development activities to provide assistance to for-profit companies to initiate or expand businesses. CDBG funds can be used for infrastructure, equipment, loans, grants, and interest supplements. The CDBG program permits special economic development activities if certain conditions are met. The proposed project addresses a high priority in the Consolidated (#8 priority, business expansion/retention). The proposed project is a substantial amendment to the HUD Consolidated Plan requiring the following actions be undertaken: A. Amend the HUD Consolidated Plan to include the proposed activity. B. Publish a notice and permit 30 days for public comment on the amendment. C. Hold a public hearing to receive comment on the amendment. D. Approve the amendment and submit the final amendment to HUD. The total estimated CDBG loan amount would be $90,000 and would be secured by the appropriate security. The loan would be based on published national prime interest rates. A portion or all of the loan would be reduced dependent upon the creation of full-time permanent jobs and other private investment over certain minimum levels. A thirty day public comment period is required to substantially amend the HUD Consolidated Plan. If approved, the public comment period would begin March 21, 1996, and end April 21, 1996. The City Council must hold a public hearing prior to final approval of the substantial amendment to the Consolidated Plan. Should the City Council choose to do so, both the public hearing and final approval of the substantial amendment could be held on April 23, 1996. Chris Cherches City Manager, responding to a question, said the wage scale will average about $9.00/hour with paid health insurance. Council Member Rogers Council Member Rogers said his concern is that he is not in favor of the manner in which some of the negotiations are taking place. "I feel as if I am being asked to make decisions after a decision has been made - or at least it has been implied that I would go along with it." "I think WI/SE did not deal with this in a very reasonable way. They initiated it, they planned it, they negotiated it, and the assumption was that the Council would go ahead and go along with it. And, I really do not have great problems with it, in terms of encouraging new businesses to come to town but I do not see that they have brought anything to the table that they would not have put on the table whether there were incentives or not." Mayor Knight Mayor Knight stated that he would like the Council to go ahead and approve the Item. Mayor Knight said he would try to make a better representation on behalf of the Council. There have been commitments made to companies the City is trying to attract and these commitments have to be respected and supported. Some things can probably be done privately to clarify future positions on these matters. Council Member Rogers Council Member Rogers spoke in support of this Item and that he believes the Company is good and companies should be encouraged to come to Wichita. As it looks, this Company is not making any additional considerations as a result of CDBG money that they would not have made anyway. It needs to be clearly understood what the Council's additional role in the utilization of CDBG moneys ought to be in the future. The Council needs to be apprised at a much earlier date when incentives are being provided to a new or existing business. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that Staff be authorized to negotiate a CDBG Special Economic Development Loan and prepare an amendment to the HUD Consolidated Plan. Motion -- carried carried 7 to 0. MUNICIPAL COURT AUTHORIZATION OF DOCUMENTS RELATED TO MUNICIPAL COURT OPERATIONS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-213. The Municipal Court "Loaned Executive" Task Force, comprising individuals with a knowledge of both the legal system and also of good business and operational practices completed its report in August 1995. The City Manager then directed the formation of internal task teams to address the recommendations presented in the Municipal Court Task Force Report. The City Council was presented with the findings of internal staff teams on March 5, 1996. The internal task team report set forth a series of specific tasks which identified budgetary impacts, required policy/ordinance actions, the current status and the individual responsible for completion of the task. The following task teams were formed to address the recommendations of the Municipal Court Task Force report: mission statement; data management; organizational structure of Municipal Court; judicial selection and compensation; traffic court; indigent defense; warrant office; and court rules. Each task team developed specific tasks to address problem areas and many of the tasks require City Council authorization for policy approval and/or budget authority. Additionally, recommendations which are ready for Council authorization are set forth below. The development of the Mission Statement resulted from input provided by Municipal Court staff and judges, along with staff from Police, Law, Finance, and the City's Manager's Office as well as input from public defenders. The recommended action is approval of the Mission Statement. The task team studied information management of the court system. The following tasks need to be accomplished immediately: develop a policy for pulling and filing cases; develop policies and procedures for reliable records; implement an indexing system and design an optical imaging system. To accomplish tasks associated with records/information management, the City is seeking consulting services to assist staff in the organization and management of case files which will result in a reliable data management system. The goal will be to move from the current duel system, which is a paper system and computer system, to a reliable, accurate, and more efficient computerized data management system. The recommended action is to authorize a contract with the consultant for data management services. In addition to the data management services contract, staff also recommended authorization for utilizing a collection agency to collect past due accounts, charging interest on past due accounts, assessing a graduated court cost for nonpayment and utilizing state income tax and tag renewal set-offs for collections. The recommended action is to authorize staff to proceed with initiating an RFP for a collection agency, to authorize the actions listed above. Based upon the recommendations of the Municipal Court Task Force, the Law department has prepared a charter ordinance and simple ordinance for Council consideration. The charter and simple ordinances revise the reporting structure and reflect the powers and duties of the judges and the reporting line of the Court Administrator to the City Manager for administrative matters, to the Administrative Judge for policy directions of the Municipal Court, and for providing services to the judges. The charter ordinance also directs the Municipal Court Judges to communicate with the City Council, on a regular basis (quarterly), the activities of the court and to also provide regular (quarterly) written reports. The recommended action is to approve the simple and charter ordinance provisions described above. The Municipal Court Task Force made several recommendations relating to judicial selection and compensation. One ordinance, relating to modifications to the compensation schedule, was approved with the adoption of the December 1995, annual salary ordinance. The charter ordinance presented for consideration includes provisions to modify: the selection process for judges (three appointments by the City Council and two appointments by the Bar Association to the selection committee); and authorize participation by the Municipal Court Judges in political activity (same guidelines that govern political activity by City employees would apply to judges). The recommended action is to approve the charter ordinance provisions as outlined above. To address the case load associated with traffic violations, the Task Force recommended the establishment of Traffic Court at neighborhood locations and the establishment of an Administrative Traffic Court. The latter will require extensive modifications to existing traffic court ordinances, and thus will be presented for Council consideration at a later date. Establishment of traffic court at neighborhood locations will allow citizens to enter a plea of guilty or no contest to traffic charges and provide an opportunity to speak to the judge regarding mitigating circumstances of the case. The judge would listen to the citizen's account and determine if it's appropriate to reduce or waive the fine. The recommended action is for the Council to approve an ordinance which establishes a pilot program at the East and West substations which are currently utilized for Neighborhood Court during the evening hours. The number of cases assigned to public defenders slows the court process, creates a backlog of cases and does not serve the needs of those who are truly indigent. To address these concerns, the internal task team recommended a number of specific actions. The Law Department prepared ordinance revisions which provides prosecutors with the authority to determine if jail time should be requested as the penalty for the offense. If jail time is not requested, and the defendant waives their right to counsel, a public defender will not be appointed. Additionally, the internal task team recommended initiating a Request for Proposal (RFP) for public defender services to be provided during all days of court, for all court dockets. This would eliminate the problem of indigent defense cases being heard only on Tuesdays and Thursdays and would provide better service to the defendants. The proposal would require providing telephone and visiting services by the public defenders. The recommended actions are to approve the ordinances relating to seeking jail time as a penalty and to authorize the issuance of an RFP for indigent defense services. The internal task teams addressed the recommendations of the Municipal Court Task Force Report and defined the following actions for Council consideration. The first, is a recommendation to upgrade Service Officer positions to provide the "power of arrest." This would enable Services Officers to enforce warrants by telephone and to personally serve warrants. A second recommendation is to authorize a $15 fee for bench warrants. Currently a fee does not exist for this enforcement activity. Additionally, it was recommended that the fee for traffic warrants be increased from $10 to $15. In addition, the ordinance provides modifications for a continuance fee, the warrant fee, the fee for extension of time to pay, the probation fee, and state mandated fees. Further, the ordinance includes clean-up provisions regarding the fee structure for the Domestic Violence Program and City Public Defenders. A third recommendation is to authorize a vehicle "booting program" which would allow a vehicle to be "booted" when there are ten outstanding parking tickets. A fourth recommendation is to authorize staff to proceed with an amnesty program which would purge the system of old warrants. The recommended action is to approve the tasks listed (above) relating to warrant operations which include the ordinance revisions for court costs and fees. The actions defined above, as well as other actions included in the Municipal Court report, have budgetary impacts. The City Council has already authorized $534,370 in the 1996 Budget. In 1995, the City Council authorized $200,000 to implement Municipal Court Task Force recommendations. This funding source is to be reauthorized for 1996. Additionally, $396,430 is being requested from the Public Safety Initiative Appropriation. Court fees for public defender services and a bench warrant fee are estimated to generate $126,000 and $42,188 respectively. The 1996 proposed budget for Municipal Court improvements is $1,298,988. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Roger Huey Roger Huey, Wichita Bar Association, said the Bar Association is very supportive of the resource improvement aspects of this plan. The Bar Association's position, generally, on court improvements is that independence of the judiciary is very strongly supported. There are two aspects of the plan that are of concern: (1) The selection of the persons who will vacancies on the Municipal Court. The background of this is that a few years ago the District Court sent nominees. After a while, that did not work and the District Court would have no more to do with the procedure. The City then approached the Bar Association to have a Bar nominating commission send nominees to the City Council; the process was put in place and has worked smoothly. The proposal to amend Charter Ordinance No. 90 goes one step further than, and less desirable than, what the Task Force recommended. The Task Force and City Staff recommends that the majority of the Nominating Commission be appointed by the City Council. The City Council would appoint the judges and a majority of the nominating commission. "We believe that detracts from the appearance of independence of the judiciary." The stated reason by the Task Force was to make the Commission more politically responsible. "We believe that this ought to be less political rather than more political." The proposed ordinance goes one step further. It grants the City Council the new authority to reject even the two minority members proposed by the Bar Association. The City is asked to postpone final consideration of this ordinance until the Bar Association can study the Ordinance and make response. (2) The second issue is, in several respects, there are several different ways in which the office of the City Manager would be given more authority over the courts. It is believed, in general, that is not desirable. The Bar Association believes the courts should be independent of political considerations and independent of the executive and legislative function. That is just good government. It is believed the courts ought to have control over their own dockets. It is a judicial function to decide how much time a case will take to hear. Mayor Knight Mayor Knight said the President of the United States is not bound by the American Bar Association for his Supreme Court appointments, the Governor of the State of Kansas is not bound by the Kansas Bar Association for his appointments, and the Bar Association has not had, over the last 17 years any particular involvement, whatsoever, by any sitting City Council Member into the judicial affairs of Municipal Court. "What I care about is the effective dispensation of justice as it relates to the Municipal Court of the City of Wichita." Roger Huey Roger Huey expressed concern with Attachment C on Item 10, amendment of City Code Section 2.08.218 relating to establishment of the position of Municipal Court Administrator and the duties thereof. Council Member Cole Council Member Cole indicated that, in the last judge selection, she had difficulty with one of the recommended persons being the administrative judge. It looked as if it would not provide opportunity for an objective assessment to the degree that someone not truly working in that position would provide. Frank Ojile Frank Ojile, Bar Association Member, spoke regarding the collection of fines. Mr. Ojile said collection agencies cannot do what attorneys can do and suggested local law firms bid on the collection of fines. Chris Cherches City Manager said collection agency is a generic term and is not intended to preclude attorneys. Motion -- Cather moved that the Mission Statement be approved; a contract with the consultant for data management services be approved and the Mayor be authorized to sign; Staff be authorized to proceed with initiating and RFP for a collection agency; the Ordinance which establishes a pilot program at the east and west substations be placed on first reading; the Ordinances relating to seeking jail time as a penalty and authorizing the issuance of an RFP for indigent defense services be placed on first reading; the tasks relating to warrant operations be approved and the Ordinance amending court costs and fees be placed on first reading; the submitted budget be approved; and Items C (amending Section 2.08.218) and D (amending Charter Ordinance No. 90) be deferred two weeks. -- carried Motion carried 7 to 0. ORDINANCE An Ordinance creating Section 1.04.065 of the Code of the City of Wichita, Kansas, pertaining to the authority of the City Attorney to decline to seek imposition of a sentence of incarceration for charges filed with the Wichita Municipal Court, introduced and under the rules laid over. ORDINANCE An Ordinance amending Section 1.04.210 of the Code of the City of Wichita, Kansas, pertaining to the appointment of legal counsel for indigent defendants in matters pending before the Municipal Court, and repealing the original of said Section, introduced and under the rules laid over. ORDINANCE An Ordinance amending Section 1.04.070 of the Code of the City of Wichita, Kansas, pertaining to costs and witness fees in cases before the Municipal Court Judge, and repealing the original of said Section, introduced and under the rules laid over. ORDINANCE An Ordinance amending Section 1.04.150 of the Code of the City of Wichita,Kansas, pertaining to the Neighborhood Municipal Court Judge, and repealing the original of said Section, introduced and under the rules laid over. CITY COUNCIL AGENDA NOTICE OF VACANCY NOTICE OF VACANCY - WICHITA/SEDGWICK COUNTY ALCOHOL AND DRUG ABUSE ADVISORY BOARD. One vacancy (youth appointment), due to the resignation of Clyde Foreman, for a term to expire June 30, 1997. The appointment will be made April 2, 1996. NOTICE OF VACANCY - WICHITA COMMISSION ON THE STATUS OF WOMEN. One vacancy (Knight), due to the resignation of Nancy McKellar, for a term to expire June 30, 1997. The appointment will be made April 2, 1996. APPOINTMENTS APPOINTMENTS TO CITY BOARDS AND COMMISSIONS. Civil Rights and Services Board (1 vacancy - Cole) Commission on the Status of People with Disabilities (1 vacancy - Kamen) Wichita Public Building Commission (1 vacancy - Kamen) There were no appointments made. PROCLAMATIONS PROCLAMATIONS. -- Public Health Week -- Crime Victims' Rights Week Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Motion -- Knight moved that, except for Items 43 (s, l, and bb) the Consent Agenda be -- carried approved. Motion carried 7 to 0. BOARD OF BIDS REPORTS OF THE BOARD OF BIDS AND CONTRACTS DATED MARCH 11, 1996, AND MARCH 18, 1996. At 10:00 a.m., Friday, March 8, 1996, 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 3/11/96) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1996 Contract Maintenance Concrete Pavement Repair of Arterial Streets, Phase II at various locations. (132357/112000) Traffic to be maintained through construction. (Council approval date 01-23-96) (District all) and 1996 Contract Maintenance Concrete Pavement Repair of Residential Streets at various locations. (131516/112000) Traffic to be maintained through construction. (Council approval date 01-23-96) (District all) McFadden Construction - $349,750.00 (Aggregate Bid Total) Honeytree/Bluestem from South Line of Lot 1, Block 2, Smithmoor Fourth Addition, to northeasterly line of Smithmoor Fourth Addition; Brandon from southerly line of Lot 4, Block 2, Smithmoor Fourth Addition to south line of Bluestem; and Shiloh from southerly line of Lot 3, Block 3, Smithmoor Fourth Addition to south line of Bluestem, Smithmoor Fourth Addition (south of Harry, east of Webb). (472- 82538/763490/490452) Does not affect existing traffic. (Council approval date 11-29-94) (District II) Cornejo & Sons - $83,580.50 Bella Vista from the east line of Lot 1, Block F, to the east line of Lot 1, Block J, Sunridge Second Addition; Covington from the south line of Lot 11, Block G, and south line of Lot 9, Block I, to the south line of Bella Vista; Denise Marie from the south line of Lot 2, Block I, and south line of Lot 12, Block J, to the west line of Lot 12, Block G, and west line of Lot 7, Block F; Covington Court from the east line of Covington to and including cul-de-sac serving Lots 4 through 7, Block J, Sunridge Second Addition; and that sidewalk be constructed on both sides of Bella Vista from the west line of Lot 13, Block F, to the east line of Lot 1, Block J, Sunridge Second Addition, and on the west side of Covington from the south line of Lot 11, Block G, Sunridge Second Addition to the south line of Bella Vista, Sunridge Second and Third Additions (south of 21st, east of 119th Street West). (472- 82641/763482/490451) Does not affect existing traffic. (Council approval date 11-07-95) (District V) and Storm Water Sewer #467 to serve Sunridge Second and Third Additions (south of 21st, east of 119th Street West). (468-82514/750737/485109) Does not affect existing traffic. (Council approval date 11-07-95) (District V) Ritchie Paving - $217,579.15 (Aggregate Total Alt #2) Water Distribution System to serve Sunridge Second Addition, Phase 2 (south of 21st, east of 119th Street West). (448-88946/733014/470379) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 11-07-95) (District V) WBW Contractors - $35,346.00 Knight moved that the contracts 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. POLICE DEPARTMENT: UNIFORM BOOTS (083600) AS PER SPECIFICATIONS Group 1 - Law Enforcement Equipment Company - $11,093.70 (Total Net Bid) Item 1 - $96.65 Per Pair Item 2 - 85.37 Per Pair Item 3 - 5.75 Per Pair Group 2 - Law Enforcement Company - $6,700.00 (Total Net Bid) Item 1 - $67.00 Per Pair Knight moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. At 10:00 a.m., Friday, March 15, 1996, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1996 Contract Maintenance Quickset Slurry Seal of Asphalt Streets at various locations. (131557/112000) Traffic to be maintained through construction. (Council approval date 01-23-96) (District all) Kansas Paving - $285,552.00 (Engineer's Construction Estimate) 1996 Arterial Sidewalk and Wheelchair Ramp Construction (Phase I) at various locations. (472- 82685/706317/405185) Traffic to be maintained through construction. (Council approval date 01-23-96) (District all) Barclay Construction - $204,355.00 (Engineer's Construction Estimate) Eisenhower Avenue from the south line of Elm to the south line of Murdock, West Central Gardens Addition . (472-82595/763128/490415) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 06-13-95) (District V) Ritchie Paving - $73,896.00 (L/S & M/Q Alternate #2) 16" Water Line along Hoover from Hendryx to Taft, and along Taft from Hoover to Meadowhaven (north of Kellogg, west of Hoover). (448-88954/633115/544376) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District V) Wildcat Construction Company - $59,780.00 Storm Water #468 to serve Windwood Addition (south of 21st, west of Maize). (468-82524/750760/485112) Does not affect existing traffic. (Council approval date 02-27-96) (District V) and Storm Water Sewer #278 to serve Graf-Goldston and West Towne Baptist Church Addition (south of 21st, east of Maize). (468-81426/750786/485114) Does not affect existing traffic. (Council approval date 02-05-85) (District V) WB Carter Construction Co., Inc. - $189,126.00 (Aggregate Total for Both) Storm Water Sewer #117 to serve Hickory Creek Estates Addition (south of 13th, west of 119th St. West). (468- 82564/750778/485113) Does not affect existing traffic. (Council approval date 01-23-96) (District V) Pearson Excav. - $170,824.15 Water Distribution System to serve Hickory Creek Estates Addition, Phase I (south of 13th, west of 119th St. West). (448-88981/733089/470386) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 01-23-96) (District V) Mies Construction - $78,675.00 (Engineer's Construction Estimate) Knight moved that the contract 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 the contract for the City. Motion carried 7 to 0. WATER & SEWER DEPARTMENT/WATER DISTRIBUTION DIVISION: CHILLER REMOVAL AND REPLACEMENT (630509-4203) AS PER SPECIFICATIONS Professional Air Cond. Service Inc. - $25,995.00 (Total Net Bid)# #Plus Applicable Sales Tax GENERAL GOVERNMENT/OFFICE OF CENTRAL INSPECTION: DEMOLITION, REMOVAL OF STRUCTURE, AND CLEANUP OF ELEVEN (11) PROPERTIES AS PER SPECIFICATIONS Item 1 - B.J. Hauling & Demo. - $3225.00 (Total Net Bid)* Item 2 - Midwest Contractors - $1240.00 (Total Net Bid) Item 3 - Midwest Contractors - $2140.00 (Total Net Bid) Item 4 - L & L Const. & Excav. - $1000.00 (Total Net Bid) Item 5 - L & L Const. & Excav. - $1350.00 (Total Net Bid) Item 6 - L & L Const. & Excav. - $1000.00 (Total Net Bid) Item 7 - L & L Const. & Excav. - $1200.00 (Total Net Bid) Item 8 - B.J. Hauling & Demo. - $ 800.00 (Total Net Bid)* Item 9 - L & L Const. & Excav. - $1000.00 (Total Net Bid) Item 10 - L & L Const. & Excav. - $1200.00 (Total Net Bid) Item 11 - B.J. Hauling & Demo. - $1725.00 (Total Net Bid)* *B.J. Hauling in non-compliance with EEO Officer; Will not award until in compliance WATER & SEWER DEPARTMENT/SEWER MAINTENANCE DIVISION: 2,120 GALLONS OF ROOT CHEMICAL (182501) AS PER SPECIFICATIONS Airrigation Eng. Co., Inc. (Missouri) - $47.20 Per Gallon PARK & RECREATION DEPARTMENT: PAWNEE PRAIRIE CLUBHOUSE RENOVATIONS (170282) AS PER SPECIFICATIONS Caro Construction Co. Inc. - $11,975.00 (Total Net Base Bid) 1,907.00 (Alternate #1 Lump Sum) 1,044.00 (Alternate #2 Lump Sum) 629.00 (Alternate #3 Lump Sum) VARIOUS DEPARTMENTS, BOARDS, & AGENCIES: FURNISH CONTAINERS AND TRASH COLLECTION SERVICES AS PER SPECIFICATIONS BFI Waste Systems - $68,457.00 (Total Net Bid) Item 1 - $380.00 Per Each Per Month Item 2 - 4.75 Per Each Per Month Item 2a - n/c Item 3 - 8.75 Per Each Per Month Item 3a - n/c Item 4 - 28.00 Per Each Per Month Item 5 - 45.00 Per Each Per Month Item 6 - 32.00 Per Each Per Month Item 7 - 50.00 Per Each Per Month Item 8 - 37.00 Per Each Per Month Item 9 - 56.00 Per Each Per Month Item 10 - 77.00 Per Each Per Month Item 11 - 45.00 Per Each Per Month Item 12 - 80.00 Per Each Per Month Item 13 - 75.00 Per Each Per Month Item 14 - 115.00 Per Each Per Month Item 15 - 52.00 Per Each Per Month Item 16 - 57.00 Per Each Per Month Item 17 - 96.00 Per Each Per Month Item 18 - 135.00 Per Each Per Month Item 19 - 225.00 Per Each Per Month Item 20 - 64.00 Per Haul Item 21 - 64.00 Per Each Haul Charges + Disposal Fee Item 22 - 64.00 Per Each Haul Charges + Disposal Fee Item 23 - 175.00 Per Each Per Month Item 24 - 64.00 Per Each Haul Charge + Disposal Fee POLICE DEPARTMENT: TWENTY-THREE (23) SEDANS WITH POLICE PACKAGES (084004) AS PER SPECIFICATIONS Rusty Eck Ford - $439,691.00 (Total Net Base Bid) PUBLIC WORKS/FLEET & BUILDINGS: 74" HEAVY DUTY FLAIL MOWERS (130807) AS PER SPECIFICATIONS Wichita Ford Tractor - $16,337.22 (Total Net Bid) PUBLIC WORKS/MAINTENANCE: HYDRAULIC TRUCK CONVEYORS (132225) AS PER SPECIFICATIONS G. W. Van Keppel Co. - $19,978.00 (Total Net Bid) PUBLIC WORKS/MAINTENANCE: ALL PURPOSE PLANER (132225) AS PER SPECIFICATIONS White Star Machinery - $25,376.64 (Total Net Bid) VARIOUS: CONCRETE REQUIREMENTS AS PER SPECIFICATIONS Concrete Ready Mix - Total Net Bid - $113,550.00* less 3% Equals - $110,143.50 Item 1 - $36.00 Per Cu. Yd.** Item 2 - 47.00 Per Cu. Yd.** Item 3 - 35.70 Per Cu. Yd.** Item 4 - 46.00 Per Cu. Yd.** Item 5 - 7.00 Per Cu. Yd.** Item 6 - 1.25 Per Cu. Yd.** Item 7 - 1.75 Per Cu. Yd.** Item 8 - 3.50 Per Cu. Yd.** Item 9 - 5.00 Per Cu. Yd.** **3% - 10th WATER & SEWER DEPARTMENT/CUSTOMER SERVICES: ENVELOPES (180315) AS PER SPECIFICATIONS Tension Envelope Corp. - $13,495.00 (Total Net Bid)# #Plus Applicable Sales Tax WATER & SEWER/PRODUCTION & PUMPING: LIQUID POLYELECTOLYTE - (BULK DELIVERY) AS PER SPECIFICATIONS Cytec Industries Inc. - .$45 Per Pound The Board of Bids and Contracts recommended that the contract be awarded as outlined above, same being the lowest and best bid. Knight moved that the contract be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Adult Entertainment. Donna Moody Wichita Inn Motel Systems2020 S. Broadway Escort Service. Sondra Sweeden Primetime Entertainment1310 W. Douglas Retail Cereal Malt Beverages. Renewal 1996 (Consumption on Premises) Judith A. Whitney Duffy's Lounge 2415 W. 31st S. Kevin F. Raven Taco Tico 311 E. Pawnee* Kevin F. Raven Taco Tico 3255 E. Harry* Kevin F. Raven Taco Tico 8629 N. Irving* Kevin F. Raven Taco Tico 3425 E. Douglas* Kevin F. Raven Taco Tico 929 N. Broadway* Kevin F. Raven Taco Tico 1303 N. Tyler* (Consumption off Premises) Floyd Hlad K-S, Inc. 2700 N. Amidon Roy E. Brockmeier Quik Trip #328 2801 S. Hydraulic Roy E. Brockmeier Quik Trip #389 4730 E. Central New Establishment 1996 (Consumption on Premises) Linh T. A. Chu Nguyen Chinese Wok Restaurant141 N. Broadway* *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. Sewer Response Plan - Raise Buried Manholes (1996 - Set 1) at various locations. (468- 82574/621284/) Traffic to be maintained through construction. (Council approval date 07-18-95) (District all) 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., March 21, 1996. Motion carried 7 to 0. b. 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) c. 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. (132282/630418 (MH Adj)/112000) Traffic to be maintained through construction. (Council approval date 01-23-96) (District II) d. 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) 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., March 29, 1996. Motion carried 7 to 0. e. 48" Raw Waterline through the Little Arkansas River Floodway; Wichita-Valley Center Flood Control Project (east of Ridge Road, south of 85th St. North). (448- 88927/632372/544550) Does not affect traffic. (Council approval 12-12-95) 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 5, 1996. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. 53rd Street South from the north line of Lot 1, Block 3, Robbins Farm 2nd Addition, to Midland Avenue; and Midland Circle from the north line of Lot 13, Block 3, to and including the cul-de-sac in Robbins Farm 2nd Addition (west of Broadway, north of 55th St. South). (472-82603/763441/490447) Does not affect existing traffic. (Council approval date 10-17- 95) (District 4) b. Lateral 364, Southwest Interceptor Sewer to serve Oak Ridge Addition (north of 29th, west of Ridge). (468-82554/742577/480349) Does not affect existing traffic. (Council approval date 12-12-95) (District 5) c. Water Distribution System to serve Oak Ridge Addition (north of 29th Street North, west of Ridge). (448-88976/733063/470384) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 12-12-95) (District 5) d. 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 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., March 29, 1996. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1996 Contract Maintenance Concrete Pavement Repair of Arterial Streets, Phase II at various locations - $329,400.00. (132357/112000) Traffic to be maintained through construction. (Council approval date 01-23- 96) (District all) b. 1996 Contract Maintenance Concrete Pavement Repair of Residential Streets at various locations - $178,400.00. (131516/112000) Traffic to be maintained through construction. (Council approval date 01-23-96) (District all) c. Honeytree/Bluestem from South Line of Lot 1, Block 2, Smithmoor Fourth Addition, to northeasterly line of Smithmoor Fourth Addition; Brandon from southerly line of Lot 4, Block 2, Smithmoor Fourth Addition to south line of Bluestem; and Shiloh from southerly line of Lot 3, Block 3, Smithmoor Fourth Addition to south line of Bluestem, Smithmoor Fourth Addition (south of Harry, east of Webb) - $129,000.00. (472- 82538/763490/490452) Does not affect existing traffic. (Council approval date 11-29-94) (District II) d. Bella Vista from the east line of Lot 1, Block F, to the east line of Lot 1, Block J, Sunridge Second Addition; Covington from the south line of Lot 11, Block G, and south line of Lot 9, Block I, to the south line of Bella Vista; Denise Marie from the south line of Lot 2, Block I, and south line of Lot 12, Block J, to the west line of Lot 12, Block G, and west line of Lot 7, Block F; Covington Court from the east line of Covington to and including cul-de-sac serving Lots 4 through 7, Block J, Sunridge Second Addition; and that sidewalk be constructed on both sides of Bella Vista from the west line of Lot 13, Block F, to the east line of Lot 1, Block J, Sunridge Second Addition, and on the west side of Covington from the south line of Lot 11, Block G, Sunridge Second Addition to the south line of Bella Vista, Sunridge Second & Additions (south of 21st, east of 119th Street West) - $238,500.00. (472- 82641/763482/490451) Does not affect existing traffic. (Council approval date 11-07-95) (District V) e. Storm Water Sewer #467 to serve Sunridge Second and Additions (south of 21st, east of 119th Street West) - $95,400.00. (468-82514/750737/485109) Does not affect existing traffic. (Council approval date 11-07-95) (District V) f. Storm Water Sewer #415 to serve Smithmoor Addition (south of Harry, west of Greenwich) - $88,480.00. (468-82118/750745/485110) Does not affect existing traffic. (Council approval date 05-21-91) (District II) g. Water Distribution System to serve Sunridge Second Addition, Phase 2 (south of 21st, east of 119th Street West) - $72,000.00. (448-88946/733014/470379) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 11-07-95) (District V) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. BUCKHEAD PETITION PETITION FOR SANITARY SEWER MAIN TO SERVE BUCKHEAD ADDITION, HICKORY CREEK ESTATES ADDITION, AND AN UNPLATTED TRACT (SOUTH OF 13TH, WEST OF 119TH STREET WEST). (District V) Agenda Report No. 96-214. On January 23, 1996, the City Council approved a sanitary sewer petition for Buckhead and Hickory Creek Estates Additions. Based on recent bid prices, it is doubtful that the original petition amount is high enough to award a construction contract. A new petition with an increased budget has been submitted. The signatures on the new petition represent 100% of the improvement district. The original petition totaled $120,000. The new petition totals $150,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96- 093 Resolution of findings of advisability and Resolution authorizing construction of Main 18, Southwest Interceptor Sewer (south of 13th, west of 119th Street West) Project No. 468-82560 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. FRIENDS UNIVERSITY ADD. PETITION FOR STORM WATER SEWER TO SERVE FRIENDS UNIVERSITY ADDITION (SOUTH OF MAPLE, EAST OF MERIDIAN). (District VI) Agenda Report No. 96-215. On December 12, 1995, the City Council approved a storm water sewer petition to serve part of Friends University. An attempt to award a construction contract within the budget set by the petition was not successful. A new petition with an increased budget has been submitted. The signature on the new petition represents 100% of the improvement district. The original petition totaled $255,000. The new petition totals $335,000, with $324,000 assessed to the improvement district and $11,000 paid by the City with Street Improvement Funds. The City share is for the cost of replacing curb and gutter that has severely deteriorated. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96- 094 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 471 (south of Maple, 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating & Boilers, 2/22/96 Board of Electrical Appeals, 1/9/96 Board of Park Commissioners, 2/12/96 Board of Zoning Appeals, 1/23/96, 11/28/95,10/24/95 CPO Northeast Council 1, 2/26/96 CPO East Council 2, 2/26/96 CPO Southeast Council 3, 2/22/96 CPO Southwest Council 4, 2/22/96 CPO Northwest Council 5, 2/28/96 Civil Rights & Services Board, 2/12/96 Historic Preservation Board, 2/12/96 Public Art Advisory Board, 2/8/96 Wichita Airport Authority, 2/20/96 Wichita Art Museum, 2/29/96 Wichita Public Building Commission, 12/6/96 Wichita Public Library, 2/20/96 Wichita/Sedgwick County Board of Health, 2/8/96, Sub Committee 2/23/96 Wichita/Sedgwick County Metropolitan Area Planning Commission, 1/25/96, 2/15/96 Wichita/Sedgwick County Solid Waste Management Committee, 1/22/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 96-211. The Union Pacific Railroad has recently completed railroad signalization improvements at the following arterial locations: Mt. Vernon at Mead 47th Street South, west of Broadway The installation of concrete crossing material is also included at these locations and work is tentatively scheduled to begin March 19 at Mt. Vernon Street and March 25 at 47th Street South. Each installation will require a three to four-day closure of the crossing area to allow the total removal and replacement of the track structure prior to the placement of the concrete crossing material. Arterial traffic will be detoured during the closure periods. The contractor will be responsible for notification of adjacent businesses and residents, placement of construction barricades, and detour signing during the projects. There is no cost to the City. During the Mt. Vernon closure, traffic will be detoured using Emporia, St. Francis, Harry and Washington. During the 47th Street South closure, traffic will be detoured using Seneca, MacArthur and Broadway. Motion -- carried Knight moved that the street closures be approved. Motion carried 7 to 0. RESPREAD SPECIAL AGREEMENT TO RESPREAD SPECIAL ASSESSMENTS IN BRADFORD NORTH ADDITION (WEST OF ASSESSMENTS AGREEMENT TYLER, SOUTH OF 29TH STREET NORTH). (District V) Agenda Report No. 96-217. The developer, 3AH, Inc. platted an addition called Bradford North Addition, and has submitted an Agreement to respread special assessments in the addition. The land was originally included in numerous improvement districts for a number of public improvement projects. The purpose of the Agreement is to respread Special Assessments on an equal share basis for each lot. Without the Agreement, the assessments will be spread on a square foot basis. The Agreement will save the City time in recalculating special assessments for each newly platted lot and will equalize the assessments for each lot, making it easier for the developer to market the lots. There is no cost to the City. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CONS. ENGINEERING AGMT. SUPPLEMENTAL AGREEMENT FOR 21ST STREET NORTH AND MAIZE ROAD. (District V). Agenda Report No. 96-218. On November 14, 1995, the City Council approved an Agreement with Baughman Co., P.A. to design paving and water projects generally located at 21st Street North and Maize Road. Since that time, staff has expanded the scope of Maize Road to a seven-lane project to accommodate future development in the northwest quadrant. A Supplemental Agreement with Baughman Co. to design the additional intersection improvements has been prepared. Payment to Baughman Co., P.A. will be made on a lump sum basis not to exceed $41,000 and will be paid by Special Assessments. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized -- carried to execute. Motion carried 7 to 0. DRAINAGE STUDY DRAINAGE STUDY FOR CENTRAL DRAINAGE BASIN. (Districts IV & VI) Agenda Report No. 96-219. On June 6, 1995, the City Council approved an Agreement with Baughman Co., P.A. to design Central from Zoo Boulevard to McLean. As a part of the Central project, staff recommends that the Council authorize a drainage study and conceptual plan for an area between Central and Second Street and Sheridan and the Arkansas River. $30,000 is available in the proposed 1996 Capital Improvement (CIP #D-9602). A Supplemental Agreement with Baughman Co., P.A. for the drainage study has been prepared. Payment to Baughman Co., P.A. will be made on a lump sum basis not to exceed $9,200. An additional $800 is requested for design review. The total $10,000 will be funded by the Storm Water Utility. Motion -- Knight moved that the Drainage Study and Supplemental Agreement be approved and the Mayor be authorized to sign the Agreement; and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96- 095 A Resolution declaring it necessary to make certain improvements to Central Drainage Basin from Central to Second Street and from Sheridan to the River (Project No. 468- 82576), in the City of Wichita, Kansas; and declaring it to be the intention of the City to issue general obligation bonds in an amount not to exceed $10,000 to pay all or a portion of the costs of such improvements, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. CHENEY WATERSHED AGMT. COST SHARE AGREEMENT FOR CHENEY RESERVOIR WATERSHED. Agenda Report No. 96-220. Cheney Reservoir is one of Wichita's major sources of water. It currently provides approximately 50% of Wichita's annual water supply, but during peak summer usage periods it provides near 60% of the water supply. In the future Cheney will play an even bigger role in meeting Wichita's water supply need. On April 27, 1993 the Council approved a grant agreement with the Kansas Department of Health and Environment to do planning work in the Cheney Reservoir watershed. This grant, with a total cost of $50,000, was split 50% from KDHE and 50% from the City. Its original purpose was to help create a computer model of the watershed, and to help create a Management Plan for the Watershed. By effective use of available resources, staff was able to do the planned projects for less than the Grant amount. KDHE has offered to extend the time of the Grant to allow the City the opportunity to fund other activities in the watershed. There is adequate funding available to purchase water sampling equipment that can be used as in conjunction with a research project being done by Kansas State University to evaluate the effectiveness of one of the Best Management Practices installed in the watershed. In order to do that, the time of the Agreement needs to be extended. The Grant Amendment, submitted by KDHE, will extend the time of the Grant to December 31, 1996. No other changes to the original agreement are needed. This extension will not alter and cost of the original Agreement. Motion -- Knight moved that the Agreement Amendment be approved and the Mayor be authorized -- carried to execute. Motion carried 7 to 0. K-96 BIKEPATH K-96 BIKEPATH, OLIVER TO EAST CITY LIMITS. (Districts I & II) Agenda Report No. 96-221. The 1996 Capital Improvement Program includes a project to construct a bikepath along the K-96 Expressway from Oliver to the East City Limits (CIP No. P-9301). The Kansas Department of Transportation (KDOT) has agreed to participate in the project funding. A City/State Agreement has been prepared. A bikepath will be constructed from a point near 29th and Oliver, through Chisholm Creek Park, and along the south side of K-96 to a point about 1/2 mile east of Webb Road. The estimated project cost is $552,000, with $111,000 paid by the City and $441,000 by federal funds administered by the State. The funding source for the City share is General Obligation Bonds. Motion -- Knight moved that the project be approved and the Resolution be adopted; and the Agreement be approved and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-96- 096 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements to construct a bicycle path along K-96 Expressway, from Oliver to the east city limits, Project No. 472-82675, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. FIRE FACILITY FIRE FACILITY REPAIRS AND MODIFICATIONS. (All Districts) Agenda Report No. 96-222. On December 5, 1995, the City Council approved the project and authorized the Staff Screening and Selection Committee to select an architect for design and specifications for construction. The Staff Screening and Selection Committee selected Carmichael/Associates, P.A. as the architect for this project. The Contract is for architectural and engineering services for capital improvements to Fire Stations 1, 4, 5, 7, 14, 15 and 19 at a cost of $33,897. Capital Improvement Program funds (Project PB-9230) provide for major building improvements to existing Fire Stations for a total of $380,000. The funding source is General Obligation Bonds. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. ICE RINK PARKING LOT ICE RINK PARKING LOT LIGHTING. (District VI) Agenda Report No. 96-223. The proposed Contract with KGE provides that the Ice Rink's parking lot lighting system will be designed and installed by KG&E. The light fixtures and poles will be the same type and color as those installed with the "Two-Way" Main Street project. The same type pole and fixture will be installed on Maple and on Sycamore adjacent to the Ice Rink. This Contract calls for KGE to design and install the complete Ice Rink parking lot lighting system (light fixtures, poles, pole bases, conduit and wire) at a cost of $39,750. Electricity will be supplied through the Ice Rink's electric meter and billed to the Ice Rink operator. The cost of the lighting design and installation ($39,750) will be charged to the 1996 Street Lighting Budget. The Ice Rink operator will be responsible for reimbursing the City for the cost of the lighting installation Contract over a period of time and for the ongoing operational costs of the lighting system (electricity and maintenance). The City and the Ice Rink operator have agreed to fund this project in the described manner. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. 31ST SOUTH AUTHORITY TO AWARD CONTRACT - COMMITMENT OF CITY FUNDS FOR 31ST STREET SOUTH FROM K-15 TO OLIVER. (District III) Agenda Report No. 96-224. The authorization document between the City and the Kansas Department of Transportation (KDOT) is for reconstructing and widening 31st Street South from K-15 to Oliver. On August 1, 1995, the City Council approved the project for construction and approved an agreement with KDOT to administer the project and provide 80 percent federal funding. The project is a part of the 1996 Capital Improvement Program (CIP No. MS-478, page 45). Also presented was an agreement between the City and KDOT for construction engineering services. The existing roadway is an old, two-lane, county-type street that does not have sufficient capacity to meet peak traffic demand. The proposed improvement will provide four lanes of through traffic. Sidewalks will be installed along both sides of the street and the right-of-way will be landscaped. Vehicular access to the Boeing industrial complex will be greatly improved. Bids for construction of the improvements were received on February 21, 1996. Cornejo & Sons, Inc. submitted the low bid of $2,275,716. In accordance with the agreement entered into by the City and KDOT, the City's share of the cost is $465,375 and will be paid by General Obligation Bonds. KDOT will reimburse the City for 80 percent of the cost for construction engineering services which has an upper limit of $171,040. Motion -- Knight moved that award of the Construction Contract and payment of the City's share of the costs be approved; and the Construction Engineering Agreement be -- carried approved and the Mayor be authorized to execute. Motion carried 7 to 0. MCLEAN BOULEVARD MCLEAN BOULEVARD IMPROVEMENTS, MERIDIAN TO SENECA. (Districts IV & VI) Agenda Report No. 96-225. On March 29, 1994, the City Council approved funding for the design, acquisition of right-of-way, and partial construction cost to improve McLean Boulevard from Meridian to Seneca. The 1996-1997 Capital Improvement Program includes funding for the full construction cost (CIP No. MS-481). The Project consists of: * Two through lanes of traffic in each direction * Left turn lanes at Seneca and at critical access points between Seneca and Meridian * A ten-foot or wider median in a large portion of the section between Meridian and Seneca to provide an area for landscaping * A sidewalk on the south side of the street adjacent to residential and commercial properties Design, right-of-way acquisition and related expenses were previously approved by the City Council. The 1996-1997 CIP contains $2,140,000 to fund the remaining project expenses. The funding source is General Obligation Bonds. 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. Motion -- Knight moved that the project be approved and the Ordinance be placed on first -- carried reading. Motion carried 7 to 0. ORDINANCE An Ordinance declaring McLean Boulevard, from Meridian to Handley (472-82448) 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. MICROFILM EQUIPMENT MICROFILM EQUIPMENT. Agenda Report No. 96-226. The Records Bureau of the Police Department currently uses microfilm equipment to film case reports for storage and reproduction reasons. The existing microfilm equipment was purchased in the late 1950s or early 1960s and is completely outdated. This equipment cannot handle the increased case load which is a continual process and shows no indication of decline, now or in the future. Therefore, it is essential that new equipment be purchased in order to address the extreme backlog in microfilming. This backlog in microfilming has placed Records in a critical need for storage space. The new microfilm equipment will be a time saver and space saver as well. In addition to increasing the speed of filming documents by as much as six times, the time searching through boxes and files for a case and then copying the case would be eliminated. The present stacks of boxes, both in Records and the sub-basement, will be reduced. The need to pull cases and add "hook-ups" will also be reduced as documents can be directly linked to the case through a computer aided retrieval system included with the new microfilm equipment. The new microfilm equipment will be operated by one (1) full-time Records clerk, who currently operates the existing microfilm equipment. The new microfilm equipment will eventually eliminate the backlog of cases to be microfilmed, and at that time, the Records clerk will only need to microfilm cases on a part-time basis and will be available to assist with other backlogged areas in Records. The microfilm equipment costs $47,800 and will be purchased using funds in the Savings Incentive Program. The 1996/97 Adopted Budget contains 18,000 annually to repay the $54,000 loan ($47,800 principle and $6,200 interest) from the Savings Incentive Program. After the repayment of the loan, $18,000 in annual savings will result from this project. Motion -- Knight moved that a $47,800 budget adjustment in the Savings Incentive Program -- carried and the purchase of microfilm equipment be approved. Motion carried 7 to 0. RECREATION FEE INCREASE RECREATION FEE INCREASES. Agenda Report No. 96-227. Fee increases for swimming lessons at municipal swimming pools and miniature train rides at Watson Park are necessary to offset operational costs. The proposed fee changes include a $.25 increase in admission fees for children and adults at municipal swimming pools; a $5 increase in swimming lessons per two-week session; and a $.25 increase in train ride tickets at Watson Park. The fee increases for train rides will take effect on April 1, 1996. Increased fees for swimming lessons and pool admissions will be effective June 1, 1996. The swimming pool fee increase, based on 1995 attendance levels, is expected to increase swimming pool revenues by $22,000 in 1996. Motion -- carried Knight moved that the fee increases be approved. Motion carried 7 to 0. SECTION 8 UTILITY ALL. 1996 UTILITY ALLOWANCES - SECTION 8 PROGRAM. (All Districts) Agenda Report No. 96-228. Housing Authorities are required by the Department of Housing and Urban Development (HUD) to annually review and make appropriate adjustments to the utility allowances provided for tenant furnished utilities. The allowances are subtracted from the tenant's adjusted income to provide the net amount payable to landlords as rent. The allowances should take into account any anticipated rate increased/decreases during the coming year. The allowances are not direct compensation to the tenant for their utility consumption, rather an approximation based on consumption by an energy conserving household. The allowances are adjusted for structure type based on the number of bedrooms. HUD requires annual review of the utility allowances. The procedure is to have the Board of Housing Commissioners and the City Council review and approve the utility allowances prior to implementation by the Human Services Department. Staff conducted a review of rates based on information available from utility suppliers. Staff worked with suppliers to determine the appropriate consumption rates for an energy conservation household, also of different structure types. Note that HUD requires separate consumption have been calculated for air conditioning, trash, ranges, and refrigerators. KPL reported no increases in the minimum cost for water and sewer will not change, however, the monthly storm water charge will decrease by $0.45. The monthly trash service will increase $0.20. Accordingly, the net overall increases in the 1996 utility allowance is only $0.25. It is staff's recommendation that the utility allowances approved for 1995, be approved and adopted for 1996. The Board of Housing commissioners reviewed the 1995 approved utility allowances at its regular meeting on February 15, 1996. Staff's recommendation was unanimously approved. Adopting the utility allowances for 1996 will not effect the Human Services Department financial position. Motion -- carried Knight moved that the utility allowances be adopted. Motion carried 7 to 0. FIREFIGHTERS RELIEF DECLARATION FOR PARTICIPATION IN FIREFIGHTERS RELIEF FUND DISTRIBUTION COLLECTED FUND FOR 1995. Agenda Report No. 96-229. The Declaration for Participation must be filed each year to allow the local Firefighters Relief Association to participate in the distribution of the State Firefighters Relief Fund Tax. Certification indicates that the Wichita Fire Department is a full paid, public fire department with 364 salaried firefighters, and has fire apparatus and necessary equipment that is in serviceable condition with a value of $20 million. Motion -- Knight moved that the Declaration be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. PROPERTY ACQUISITIONS ACQUISITION OF 4616-4618 E. KELLOGG (TRACT 12) FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September 1995 and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located at 4616-4618 E. Kellogg (Part of Lot 9, Block 12 in Lincoln Heights Addition to Wichita) and is owned by Robert E., Fern I., and Joye D. McFarlane. The property has 5,944 square feet of land and is improved with a 2,744 square foot residential duplex. The property is currently occupied by one tenant and the owner. The property was appraised at $106,500 and the review appraiser concurred with this value. This amount was offered to the owner and accepted. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $148,500 includes: $106,500 for acquisition, $5,000 for eventual demolition, $35,000 for relocation and $2,000 for closing costs and title insurance. It is intended that, if possible, the property will remain leased until such time as the site is needed for highway construction. Council action has approved $17,781,134 of Local Sales Tax for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisitions on an 80%/20% basis for a total budget of $26,601,134. The total project encompasses 75 acquisitions. Excluding pending Council action, 26 parcels have been acquired, 4 are in condemnation, and 9 are under contract. Total expenditures to date total $4,085,625. An additional $1,272,600 has been approved for a total encumbrance of $5,358,225. Motion -- Knight moved that the budget be approved; the Contract be approved; and the Mayor -- carried be authorized to sign the necessary documents. Motion carried 7 to 0. ACQUISITION OF 3910 E. KELLOGG (TRACT 50) FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-231. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September 1995 and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. One of the parcels to be acquired is located at 3910 E. Kellogg (Lot 1, Block A, Max Eaton Addition to Wichita) and is owned by EME, Inc. The property has 24,282 square feet of land and is improved with three buildings being operated as a bed-and- breakfast inn. The at $760,000 and the review appraiser concurred with this value. The owner has accepted a negotiated rate of $775,000. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. The owners have agreed to lease the property back from the City for $1,200 a month on a net basis until it is needed for the road project. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $825,000 includes: $775,000 for acquisition, $25,000 for eventual demolition, $20,000 for relocation and $5,000 for closing costs and title insurance. It is intended that, if possible, the property will remain leased until such time as the site is needed for highway construction. Council action has approved $17,781,134 of Local Sales Tax for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisitions on an 80%/20% basis for a total budget of $26,601,134. The total project encompasses 75 acquisitions. Excluding pending Council action, 26 parcels have been acquired, 4 are in condemnation, and 9 are under contract. Total expenditures to date total $4,085,625. An additional $1,272,600 has been approved for a total encumbrance of $5,358,225. Motion -- Knight moved that the budget be approved; the Contract be approved; and the Mayor -- carried be authorized to sign the necessary documents. Motion carried 7 to 0. ACQUISITION OF A PORTION OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF MURDOCK AND MOSLEY (TRACT #16) FOR THE MURDOCK IMPROVEMENT PROJECT. (District VI) Agenda Report No. 96-232. The Murdock Improvement Project from Waco to Wabash, approved by 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 #16, which is owned by Joan Hurst Branson Living Trust. 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 97.79 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 for $200. 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 $325 includes $200 for acquisition and $125 for closing costs, and title insurance. A budgeted amount of $3,350 has already been approved for the purchase of eight other tracts. After the purchase of this parcel, there will be three more left to purchase for the project. Motion -- Knight moved that the budget be approved; the Contract be approved; and the Mayor -- carried be authorized to sign the necessary documents. Motion carried 7 to 0. ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 735 N. TOPEKA (TRACT #11) FOR THE MURDOCK IMPROVEMENT PROJECT. (District VI) Agenda Report No. 96-233. The Murdock Improvement Project from Waco to Wabash, approved by 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 #11, which is owned by Ernest H. Rieger. 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 50 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 for $200. 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 $325 includes $200 for acquisition and $125 for closing costs, and title insurance. A budgeted amount of $3,025 has already been approved for the purchase of nine other tracts. After the purchase of this parcel, there will be four more left to purchase for the project. Motion -- Knight moved that the budget be approved; the Contract be approved; and the Mayor -- carried be authorized to sign the necessary documents. Motion carried 7 to 0. PROPERTY DISPOSITION SALE OF HOUSES LOCATED AT 511 GLENN AND 515 N. MCLEAN FOR THE INFILL HOUSING PROJECT. (District I & VI) Agenda Report No. 96-234. Sealed bids were solicited in December and no bids were received for these properties at that time. Subsequent to bid opening, an offer in the amount of $700 was received from AAA House Movers for both houses at 511 Glenn and 515 North McLean. Relocation of the structures within the City limits will place additional value into the tax base. Motion -- carried Knight moved that sale of the structures be approved. Motion carried 7 to 0. CDBG CONTRACT CDBG CONTRACT EXTENSION - COMMUNITY DEVELOPMENT COALITION, INC. Agenda Report No. 96-235. On May 17, 1994 the City Council allocated CDBG funds of $65,000 toward renovation of a structure in the former Phyllis Wheatley complex to serve as administrative offices of Community Development Coalition, Inc. (CDC). A contract for use of the CDBG funds was implemented July 1, 1994 to terminate June 30, 1995. Because the $65,000 was not enough to complete the renovation, CDC has relied on additional donations of materials and contractor services to accomplish a larger part of the renovation than would otherwise be possible. Reliance on availability of donated time and materials has extended the time to complete the renovation. The extended time needed to accomplish the renovation has resulted in approximately $4,400 not being expended by the contract termination date of June 30, 1995. Additionally, CDC has arranged for a security fence and dumpsters for construction debris on a monthly basis, resulting in charges after the June 30, 1995 contract termination date. A contract extension until April 30, 1996 will allow remaining funds to be expended and the building made ready for occupancy. Staff recommends a contract extension be conditioned upon the filing of a mortgage to protect the public investment, and completion of a technical assistance review of CDC's records and financial administration. There is no change in the contract amount of $65,000. An extension of the contract termination date is required to allow charges after June 30, 1995 to be paid. Motion -- Knight moved that a contract extension be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. CDBG - INFILL HOUSING TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - INFILL HOUSING PROJECT. Agenda Report No. 96-236. The City Council, October 18, 1994, approved use of Housing Partnership and revolving loan funds of $221,700 to implement the Infill Housing Project. Houses being purchased for the McLean Realignment and Third Street Drainage Projects are being relocated, rehabilitated and sold to low/moderate income homebuyers. CDBG funds pay for purchase of lots on which to place the relocated houses, construction of foundations, rehabilitation, and other costs of transferring ownership to a low or moderate income household. To meet construction scheduling requirements of McLean Realignment and the Third Street Drainage Project, more initial funding has been required for house moving, lot clearing and foundation construction than was anticipated. The initial budget of $221,700 is inadequate to cover costs of moving and rehabilitating 18 structures. The additional funds will be used to complete several foundations and complete rehabilitation of four structures which pre-qualified potential buyers are interested in purchasing. Funds are available in the Direct Loan Program and Rental Rehabilitation Program which can be used for the Infill Housing Project. Income from sales will be returned to the Infill Housing Project to rehabilitate the remaining structures. Adequate funds are available in the Direct Loan Program and Rental Rehabilitation Program to provide the $100,000 needed. Of the $100,000, $75,000 will be transferred to the Infill Housing Project from the Rental Rehabilitation program and $25,000 will be transferred from the Direct Loan Program. The Infill Housing Project, Rental Rehabilitation Program, and Direct Loan Program are identified in the Consolidated Plan, thus not requiring a substantial amendment to the plan which requires a 30 day public comment period. Because an environmental review and release of funds has been accomplished for use of the identified funds, no action is required on those matters. Motion -- Knight moved that transfer of $100,000.00 CDBG funds from Direct Loans and Rental -- carried Rehabilitation to the Infill Housing Project be approved. Motion carried 7 to 0. PROPERTY DISPOSITION SETTLEMENT OF EMINENT DOMAIN - RUFORD HAYNES (DISTRICT VI). Agenda Report No. 96-237. In 1995, the City, through eminent domain powers, acquired easements for street right-of-way from a tract at the southeast corner of Seneca and McCormick owned by Ruford Haynes. The taking and damages to the remaining property were valued by the court appraisers at $63,300. To the south of this tract, the City owns three tracts of which a major portion is surplus and Mr. Haynes proposes to purchase the surplus land to replace his lost parking and dismiss his eminent domain appeal. The purchase price is $21,500 ($2 per square foot). Motion -- Knight moved that conveyance of land for a purchase price of $21,500 in full settlement of the pending eminent domain appeal be authorized and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. VICTIM ADVOCACY CONTRACT FOR VICTIM ADVOCACY SERVICES (CATHOLIC SOCIAL SERVICE, INC.). Agenda Report No. 96-239. The contract provides that the Catholic Social Service, Inc., will provide victim advocacy services for the period from January 1, 1996, to November 30, 1996. Total payment to Catholic Social Services will not exceed $35,930. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CLAIM SETTLEMENT SETTLEMENT AND RELEASE OF PARTY WALL CLAIM - WOOLWORTH BUILDING. (District VI). Agenda Report No. 96-239. Demolition of the Woolworth Building required structural work on a party wall on the west end of the site to ensure that demolition of the building did not threaten structural integrity of the adjacent building which was owned by FDIC. FDIC has taken the position that some of the work was unnecessary and the cost of the work was excessive and has offered to pay $10,350 in full settlement of any claim the City may have under the party wall agreement. Risks of litigation and costs associated make it unlikely the City could net much more than a few thousand dollars more than the FDIC offer. It is recommended the City accept the settlement offer. Motion -- Knight moved that settlement payment by FDIC of $10,350 be approved and the Mayor -- carried be authorized to sign the release. Motion carried 7 to 0. CONDEMNATION HEARINGS RESOLUTIONS SETTING HEARINGS ON PROPERTIES CONSIDERED DANGEROUS AND UNSAFE. Agenda Report No. 96-240. Improvement notices have been issued on these structures but compliance has not been achieved. Pre- condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove the following properties: 2249 North Kansas 2400 W. 13th (garage) 1848 North Payne 3300 North Arkansas 1858 North Minneapolis 2902 East Stadium Motion -- Knight moved that the Resolutions placing this matter on the Agenda for a hearing before the Governing Body on May 7, 1996, at 11:00 a.m. be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-96- 086 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lot 5, Block F, Millair, Wichita, Sedgwick County, Kansas, known as 2249 North Kansas in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96- 087 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: a tract in the southwest quarter of Section 7, Township 27 South, Range 1 East of the 6th P.M. Sedgwick County, Kansas, described as follows: beginning at a point 621.27 feet east of the southwest corner of said southwest quarter, thence east 80 feet, thence north 215 feet, thence west 80 feet, thence south 215 feet to the place of beginning; except the south 40 feet thereof, for road purposes, known as 2400 West 13th (garage) in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96- 088 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: lots 61 and 63 on Payne Avenue in Payne's Subdivision of lots 14, 16, 18, 26, 28, and 30, Payne Avenue in Ford's Second Addition to Wichita, Sedgwick County, Kansas, known as 1848 North Payne in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96- 089 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96- 090 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 146 and 148, Block 14, Pennsylvania Addition to Wichita, Sedgwick County, Kansas, known as 1858 North Minneapolis in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96- 091 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lot 36, Block 13, Shadybrook Addition to Wichita, Sedgwick County, Kansas, known as 2902 East Stadium in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. ORDINANCE NO. 43-006 IRB - Midland/MacArthur An Ordinance authorizing the City of Wichita, Kansas, to issue its multi-family housing revenue bonds, Series III, 1996, (Midland/MacArthur Park, L.P.), in the aggregate principal amount of not to exceed $4,500,000 for the purpose of paying the costs of purchasing, acquiring, rehabilitating, furnishing, and equipping an existing multi-family housing facility located in the City of Wichita, Kansas; authorizing the execution and delivery of a trust indenture by and between the City and Boatmen's Trust Company, in the City of Kansas City, of a lease between the City and Midland/MacArthur Park, L.P., a Kansas Limited Partnership, as tenant; approving the form of a guaranty agreement between the tenant and trustee; approving the form of a limited guaranty agreement between Midland Properties,Inc., and trustee; authorizing the execution of a land use restriction agreement by and between the city, the trustee and the tenant; and authorizing the execution of a bond purchase agreement by and between the City, the tenant, and Stern Brothers & Co., Kansas City, Missouri, as underwriter, 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. 43-007 IRB - Printing, Inc. An Ordinance of the City of Wichita, Kansas, authorizing the issuance of not to exceed $5,000,000 aggregate principal amount of Taxable Industrial Revenue Bonds, Series IV- A, 1996 (Printing, Inc.), and not to exceed $1,000,000 aggregate principal amount of subordinated Taxable Revenue Bonds, Series IV-B, 1996 (Printing, Inc.) for the purpose of providing funds to purchase, acquire, construct, and equip improvements and additions to certain existing facilities located in the City of Wichita, Kansas; prescribing the form and authorizing execution of a first supplemental trust indenture by and between the City and Bank IV, N.A., Wichita,Kansas, as trustee with respect to the bonds; prescribing the form and authorizing execution of a first supplemental lease agreement by and between the City and Printing, Inc.; approving the form of a guaranty agreement by and between Printing, Inc. and Bank IV, N.A.; approving the form of an individual guaranty agreement; and prescribing the form and authorizing the execution of a bond purchase agreement by and between the City, Printing, Inc. and Boatmen's First National Bank of Kansas City, Missouri, as purchaser of the Series IV-A, 1996 Bonds and authorizing the execution of a bond placement agreement by and between the City and Printing, Inc., as purchaser of the Series IV-B, 1996 Bonds, 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. 43-008 TIF - West Bank An Ordinance of the City of Wichita establishing the West Bank Redevelopment District, 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. 43-009 TIF - NIC An Ordinance of the City of Wichita establishing the North Industrial Corridor Redevelopment District, 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. 43-010 Pawnee Avenue An Ordinance declaring Pawnee, from Maize to Yellowstone (472- 82678) 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-011 Ridge Road An Ordinance declaring Ridge Road, from 13th Street North to 21st Street North (472-82688) 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. DR-95-26 - MAPD Filing Fees. This ordinance was adopted on March 5, 1996, and publication was withheld until March 22, 1996. ORDINANCE NO. 43-013 Sign Code An Ordinance amending Chapter 24.04.193 and creating Section 24.04.199 of the Code of the City of Wichita, Kansas, pertaining to the sign code and repealing the original of Section 24.04.193, 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. 43-014 Zoning Code An Ordinance adopting by reference the Wichita-Sedgwick County Unified Zoning Code (March 4, 1996 edition), prepared by the Wichita-Sedgwick County Metropolitan Area Planning Department, and repealing the original of Chapter 28.04 of the Code of the City of Wichita, 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. 43-015 Z-3194 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, 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-3194 ORDINANCE NO. 43-016 (472-82358/705707/405-124) 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 Rock Island Avenue from the First East-West Alley north of Douglas to First Street, East Wichita Addition (south of Central, east of Broadway), 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. 43-017 (472-82464/705913/405-145) 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 construction of an Acceleration-Deceleration/Right Turn Lane on Rock Road (north of 13th Street, west of Rock), 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. 43-018 (472-82463/705921/405-146) 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 constructing a two-way center left turn lane on Rock Road from approximately 290 feet north of the centerline of 13th Street North to approximately 2,380 feet north of the centerline of 13th Street North and necessary transitions (west of Rock, north of 13th), 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. 43-019 (472-82463/705921/405-146) 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 Rock Island from approximately 360.5 feet north of the north line of First Street to Second Street (Old Town Phase III, Part 2), 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. 43-020 (472-81403/762013/490-304) 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 Charles from the north line of 46th Street South to the south line of 45th Street South (east of Meridian, north of 47th South), 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. 43-021 (472-82341/762138/490-316) 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 construction of a continuous northbound accel/decel lane on the east side of Rock Road from a point 1800 feet south of 21st Street to a point 800 feet south of 21st Street; combined curb and gutter shall be constructed on the east side of said pavement; southbound left turn lane on Rock Road to serve the major entrance; southbound accel lane on the west side of Rock Road from a point 940 feet south of 21st Street to a point 1700 feet south of 21st Street; combined curb and gutter shall be constructed on the west side of said pavement; and installation of driveways and wheelchair ramps where required, Bradley Fair Addition (south of 21st, east of Rock), 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. 43-022 (472-82397/762245/490-327) 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 Victoria from 49th Street South to 47th Street South (west of Hydraulic, south of 48th), 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. 43-023 (472-82438/762427/490-345) 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 17th Street North from the east line of Sheridan to the west line of St. Paul Avenue (west of West Street), 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. 43-024 (472-82451/762435/490-346) 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 Custer Avenue from the north line of 16th Street North to the south line of 17th Street North and from the north line of 17th Street North to the south line of 18th Street North (at 17th Street, east of West Street), 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. 43-025 (472-82440/762450/490-348) 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 Knight Street from the north line of St. Louis to the south line of Central, 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. 43-026 (472-82465/762500/490-353) 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 Gow Street from the south line of Caroline Avenue to the south line of St. Louis Avenue (north of Second, west of Sheridan), 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. 43-027 (472-82466/762518/490-354) 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 Caroline Avenue from the west line of Joann to the east line of Gow Street (north of Second, west of Sheridan), 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. 43-028 (472-82467/762526/490-355) 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 Joann from the south line of Caroline to the north line of Second Street (north of Second, west of Sheridan), 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. 43-029 (472-81968/762559/490-358) 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 a left turn lane on Rock Road at Oxford Circle to serve the proposed access point to Windemere Second Addition, (east of Rock, south of 29th Street North), 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. 43-030 (472-82489/762658/490-368) 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 Timbercreek Circle from the east line of Meridian to and including the cul-de-sac; and Timbercreek Courts from the north line of Timbercreek Circle to and including the cul-de-sac serving Lots 17 through 26, Block 1 and from the north line of Timbercreek Circle to and including the cul-de-sac serving Lots 30 through 40, Block 1, Harbor Isle Addition, (east of Meridian, south of 53rd Street North), 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. 43-031 (472-82495/762716/490-374) 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 left turn and decel lane on 29th Street North to serve the proposed access point to Pioneer Balloon Addition (north of 29th, east of Oliver), 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. 43-032 (472-82490/762740/490-377) 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 Prescott from the east line of Lot 50, Block 12, Pawnee Mesa Addition to the east line of Prescott Court; Prescott and Prescott Court from the north line of Pawnee Avenue to and including the cul-de-sac; Blake from the west line of Prescott to the east line of Rutledge; and on Rutledge and Rutledge Circle from the southwest corner of Lot 28, Block 12, Pawnee Mesa Addition to and including the cul-de-sac (north of Pawnee, west of Lark), 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. 43-033 (472-82529/762864/490-389) 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 a School Bus Loading Zone along Victoria Street south of 47th Street South, 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. 43-034 (472-82509/762880/490-391) 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 Mt. Carmel Avenue from the north line of 16th Street North to the south line of 17th Street North (between 16th and 17th Street North), 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. 43-035 (472-82496/762906/490-393) 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 Custer Court from the west line of Custer to and including Hammerhead, Ebersole Addition (West of Custer, South of 13th), 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. 43-036 (472-82546/762930/490-396) 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 Alexander from the north line of 46th Street North to the south line of 49th Street North (west of Seneca, south of 53rd North), 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. 43-037 (472-82552/762948/490-397) 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 Meadow Creek (formerly Waco) from north line of Lot 6, Block 2 to the west line of Fairview, Meadow Creek Addition (south of 29th Street North, west of Broadway), 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. 43-038 (472-82570/762963/490-399) 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 Hazel from the east line of Lot 51, Block 1 to the east line of Lot 68, Block 1, Stoneborough Addition; Hazel Court from the south line of Hazel to and including the cul-de-sac to serve Lots 56 through 63, Block 3; and Hazel Court from the south line of Hazel to and including the cul-de-sac to serve Lots 64 through 71, Block 3, Stoneborough Addition (west of Broadway, north of 55th Street South), 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. 43-039 (472-82563/762971/490-400) 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 Haskell from the east line of Maize Road to the west line of Prairie Woods with sidewalk on the south side of Haskell; Prairie Woods from the north line of Haskell to the north line of Lot 37, Block 1 with sidewalk on the north side of Prairie Woods; Prairie Woods Court from the south line of Prairie Woods to and including the cul-de-sac; and 6 feet wide sidewalk in Reserve B from the east line of Prairie Woods to the east line of Prairie Woods Addition (north of Pawnee, east of Maize), 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. 43-040 (472-82550/762989/490-401) 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 Esthner from the west line of Lark Second Addition to the south line of Lot 5, Block A, Lark Second Addition; Mars from the south line of Lot 5, Block A, Lark Second Addition to the west line of Lot 9, Block B, Lark Second Addition; Dora from the west line of Lot 9, Block B, Lark Second Addition to the east line of Lark Second Addition; and Dora Courts from the north line of Dora to and including the cul-de-sac to serve Lots 12 through 31, Block A and from the south line of Dora to and including the cul-de-sac to serve Lots 11 through 26, Block B, Lark Second Addition (south of Kellogg, east of 119th Street West), 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. 43-041 (472-82354/762997/490-402) 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 Meadow Oaks and Pepperwood from the south line of 28th Street North to the west line of Edgemoor Circle; Edgemoor Circle from the north line of Pepperwood to and including the cul-de-sac; Pepperwood Circle from the east line of Edgemoor Circle to the east line of Lot 47, Block 2, Meadow Oaks Addition; Meadow Oaks from the south line of Pepperwood to and including Meadow Oaks Circle; and both Meadow Oaks Courts adjacent to Lots 51 through 54 and Lots 56 through 68 in said Block 2 (south of 29th street, east of Oliver), 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. 43-042 (472-82539/763029/490-405) 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 constructing an Accel/Decel Lane on the west side of Broadway from the north line of Lot 1, Block 1 to the south line of Lot 1, Block 1 and on 47th Street South from the east line of Lot 1, Block 1 to the major entrance; and sidewalk constructed on the west side of Broadway and the north side of 47th Street South (Broadway and 47th Street South), 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. 43-043 (472-82540/763037/490-406) 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 reconstructing the median in Broadway from a point 200 feet more or less north of the south line of Lot 1, to a point 420 feet more or less north of the south line of Lot 1, Dillons 11th Addition (north of 47th Street South, west of Broadway), 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. 43-044 (472-82562/763045/490-407) 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 Tee Time from the south line of Lot 5, Block 3, Reflection Ridge 7th Addition and the south line of Lot 39, Block 1, Reflection Ridge 8th Addition to the south line of 29th Street North; Meadow Park Circle from the west line of Tee Time to and including the cul- de-sac; Meadow Park Court serving Lots 7 through 13, Block 1, Reflection Ridge 8th Addition; Meadow Park Court serving Lots 14 through 22, Block 1, Reflection Ridge 8th Addition; Tee Time Court serving Lots 1 through 4, Block 1, Reflection Ridge 8th Addition; Tee Time Court serving Lots 35 through 39, Block 1, Reflection Ridge 8th Addition; and Sidewalk on both sides of Tee Time (south of 29th , west 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. ORDINANCE NO. 43-045 (472-82160/763201/490-423) 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 18th Street and Covington from the east line of Chambers to the north line of Lot 10, Block G and the north line of Lot 10, Block 1; Gray from the north line of Westport to the east line of Covington; Denise Marie from the north line of Westport to the north line of Westport to the north line of Lot 1, Block 1 and the north line of Lot 13, Block J; Westport and Shefford from the east line of Chambers to the south line of Lot 18, Block J and the south line of Lot 15, Block K, all in Sunridge Second Addition; and that sidewalk be constructed on the north and west sides of 18th Street and Covington from the east line of Chambers to the north line of Lot 10, Block G, in Sunridge Second Addition (north of 13th, east of 119th Street West), 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. 43-046 (472-82548/763219/490-424) 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 Carr Avenue from the east line of 119th Street West to the northwest corner of Lot 22, Block A, Lark Addition; Carr Courts from the south line of Carr Avenue to and including the cul-de-sac to serve Lots 1 through 12, Block B and from the south line of Carr Avenue to and including the cul-de-sac to serve Lots 13 through 24, Block B; and Carr Circle from the north line of Carr Avenue to and including the cul-de-sac to serve Lots 10 through 22, Block A, Lark Addition (south of Kellogg, east of 119th Street West), 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. 43-047 (472-82624/763250/490-428) 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 Rock Road to serve Lots 6 and 7, Block 1, Comotara Power Center Second Addition (west of Rock, south of 37th Street North), 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. PLANNING AGENDA Marvin Krout Director of Planning stated that all Items except Item 46 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Cole moved that Planning Agenda Items 44, 45, 47, and 48 be approved as consensus -- carried Items. Motion carried 7 to 0. A 96-10 A 96-10 - REQUEST TO ANNEX PROPERTY ADJOINING THE CITY OF WICHITA GENERALLY LOCATED AT THE SOUTHEAST CORNER OF CENTRAL AVENUE AND GREENWICH ROAD. Agenda Report No. 96-241. The Fountain Addition is currently zoned AA in the County with conditional use approval for multi-family housing. The owner is petitioning the County for rezoning to Light Commercial for the north 230 feet of the land fronting Central. The developer plans to create two commercial lots on Central and develop 52 single family residential lots on the rest of the property. On February 15, 1996, the MAPC recommended approval of the request. 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- 96-10 S/D 95-88 S/D 95-88 - PLAT OF THE KEY CONSTRUCTION ADDITION LOCATED SOUTH OF 2ND AND EAST OF SENECA. (District VI) Agenda Report No. 96-242. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat (unanimous). This site is located in a developed area of the City and needed facilities are already available. Although the site is already occupied by an existing use, platting was required in order to allow for a planned expansion to that use. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Motion -- Cole moved that the Plat be approved and the Mayor be authorized to sign. Motion -- carried carried 7 to 0. Z-3186 Z-3186 - REQUEST FOR ZONE CHANGE FROM 'AA' ONE FAMILY DWELLING DISTRICT TO 'A' Item No. 46 TWO FAMILY DWELLING DISTRICT, LOCATED AT THE NORTHWEST CORNER OF ENGLISH AND CRESTWAY (4348 E. ENGLISH). (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-244. Staff Recommendation: Approve the zone change. CPO Recommendation: Approve the zone change, subject to conditions. MAPC Recommendation: 11/30/95 - Deny the zone change. 02/15/96 - Approve the zone change, subject to voluntary restrictive covenant. This is a zone change request to 'A' Two Family Dwelling District, by Larry J. & Mary Kay Vin Zant, in order to permit a home occupation inside an accessory structure and to permit one non-resident employee on-site, neither of which is not permitted in the existing 'AA' One Family Dwelling District. After receiving a complaint from an area property owner in late 1995, the Office of Central Inspection inspected the site and issued a notice of violation for not having a home occupation license. However, OCI staff later discovered that the property owner did have a home occupation license; however, his home occupation was in violation of the home occupation regulations of the 'AA' District because it was operating in an accessory building and he employed non-resident employees on-site. On November 27, 1995, CPO East Council 2 considered this request and voted 4-0 to recommend approval of the zone change. At the MAPC hearing on November 30, 1995, one neighbor spoke in favor of the request, and several area residents spoke in opposition to the request. The residents in opposition expressed concerns about potential hazards from storage of pool chemicals, the applicant's previous violations of the Zoning Code requirements (including outdoor storage, and the number of employees on the site), difficulty in monitoring and enforcement of the home occupation, and the precedent that would be set by approving the request. The applicant also testified that he unknowingly violated the Zoning Code by storing some equipment outside, and at times by having up to three (3) employees on the site. During the Commission's first consideration of this matter, several MAPC members stated that they supported home occupations in residential areas. However, some members also stated that they had concerns that the proposed home occupation would not be appropriate for this area and could detrimentally affect nearby properties and the character of the neighborhood. At the November, 1995 meeting, the MAPC voted 8-5 to recommend denial of the zone change, citing the following findings: (1) opposition of neighborhood residents; (2) the extent to which removal of the restrictions will detrimentally affect nearby property; and (3) the character of the neighborhood that could be changed by the approval of this request. After the November MAPC hearing, several area property owners filed protest petitions against this request. Due to a valid protest (35.57%), a 3/4 majority vote of the membership of the City Council is required to approve this request (6 votes). Prior to the Wichita City Council meeting on January 9, 1996, the applicant's attorney questioned the MAPC's findings and the lack of explanation for the findings for denial. Also, the attorney suggested that the MAPC should not have focused its discussion on the applicant's home occupation. After consultation with the City Attorney, the City Council voted to refer the zone change back to the MAPC for additional public testimony and findings in support of the Planning Commission's recommendation. At the MAPC hearing on February 15, 1996, the applicant volunteered a restrictive covenant to place restrictions on any home occupation permitted on the site. The proposed covenant reiterates many of the Zoning Code restrictions for home occupations. However, the covenant would restrict permitted home occupations to only that of a swimming pool service company and would prohibit signage of any nature on the site. The applicant also submitted letters from three local realtors who indicate that, in their opinion, the zone change would not have a negative impact upon nearby properties. The applicant testified that the College Hill area includes numerous properties already zoned 'A' and that one additional lot with 'A' zoning would not be a detriment to the neighborhood. At the February MAPC hearing, several citizens spoke in both support and opposition to the request. The property owners to the north and south of the applicant's property both testified in favor of the application. Those citizens in support indicated that they did not feel that the zone change would be a detriment upon the area. The president of the College Hill Neighborhood Association testified that the Association voted to take a position to oppose the zone change. Those citizens in opposition, including the Neighborhood Association, expressed concern that the zone change would set a precedent for additional rezoning requests in the area and they also noted staff's recent findings that there have been no similar rezoning requests approved in the College Hill area since the mass downzoning that occurred in 1960 at the neighborhood's request (see letter dated 1-22-96 from Kevin Kokes to Joanie Ewy). After discussion, the MAPC voted 8-3 to reverse it previous recommendation and to recommend approval of the zone change, subject to filing the voluntary restrictive covenant offered at the MAPC meeting in a form approved by the City Attorney. The MAPC recommendation is based on the findings prepared by planning staff. Motion -- Kamen moved that the zoning request be denied based on the following Findings: 1. Zoning, uses and character of the neighborhood: The proposed rezoning to the "A" two-family district would be contrary to the predominant zoning pattern in the area which is "AA" one-family. The zoning pattern throughout College Hill does include scattered spots of "A," but no properties have been rezoned in this area since the early 1960s, when most properties in College Hill were downzoned from "A" to "AA." The rezoning would also be contrary to the predominant land use and character of the area. 2. Suitability of the subject property for the uses to which it has been restricted. The property has been used as a single family home under the restrictions of the "AA" district for many years. 3. Extent to which removal of the restrictions will be detrimentally affect nearby property. Since the early 1960s, the pattern of zoning and uses in College Hill has been remarkable stable. The effect of the rezoning will be a more intensive use of the property, and that may well destabilize the fragile balance of uses by setting a precedent for other similar requests to be approved. 4. Relative gain to the public health, safety, and welfare as compared to the loss in value or hardship imposed upon the applicant. 5. Conformance to the requested change to adopted plans or policies. The Land Use Guide of the Comprehensive Plan identifies this area for low density residential uses. Council Member Cather Council Member Cather cited the following additional reasons for denial: 1. The presence of hazardous chemicals on the property. Anything in excess of 25 pounds of chlorine is, in fact, considered to be a hazardous substance. A spill of just 25 pounds would constitute a hazardous waste situation. And different kinds of chlorine combined in a barrel, without addition of any other substance, will sometimes lead to a chemical reaction. 2. Emergency vehicles approaching the property would have to use residential streets. Mayor Knight momentarily absent with Vice Mayor Kamen in the Chair. Council Member Cole Council Member Cole said the City may find reason to look at greater flexibility in home occupations in the future, but this should not be done through changes in zoning and restrictive covenants which, then, would allow different rules in each and every case. Amendment -- Kamen, with consent of the second, added the following two Findings: 1. The presence of hazardous chemicals on the property. Anything in excess of 25 pounds of chlorine is, in fact, considered to be a hazardous substance. A spill of just 25 pounds would constitute a hazardous waste situation. And different kinds of chlorine combined in a barrel, without addition of any other substance, will sometimes lead to a chemical reaction. 2. Emergency vehicles approaching the property would have to use residential streets. -- carried Motion, as amended, carried 7 to 0. Z-3196 Z-3196 - REQUEST FOR ZONE CHANGE FROM 'BB' OFFICE DISTRICT TO 'AA' ONE FAMILY DWELLING DISTRICT, LOCATED 1/8 MILE SOUTH OF 29TH STREET NORTH ON THE WEST SIDE OF WEBB ROAD. (District II) Agenda Report No. 96-244. Staff Recommendation: Approve the zone change, subject to replatting within 1 year. CPO Recommendation: Approve the zone change, subject to replatting within 1 year. MAPC Recommendation: Approve the zone change, subject to replatting within 1 year. The applicant requests a zone change from the 'BB' Office District to the 'AA' One Family Dwelling District for 7.06 acres platted as Lot 24, Block 1, Fox Pointe Addition, located mile south of 29th Street North on the west side of Webb Road. The subject property is currently undeveloped, and is being replatted as the Fox Point Second Addition for purposes of developing 24 single family residential lots. On January 25, 1996, the MAPC approved the replat, subject to a number of conditions, including a requirement for a zone change application to 'AA'. Otherwise, based on the existing 'BB' zoning, the plat would be required to meet standards for office uses (70- foot rights-of-way with 41-foot paving for streets). The proposed plat includes residential streets ranging in width from 25 feet to 32 feet. The subject property is bordered by single family homes to the west and south, undeveloped property and the K-96 Expressway interchange to the east and undeveloped property to the north zoned 'LC' Light Commercial. The Kansas Surgery and Recovery Center is located to the southeast. Motion -- Cole 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 Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 7 to 0. S/D 95-1 S/D 95-1 - PLAT OF THE BALTHROP ADDITION LOCATED NORTH OF CENTRAL AND EAST OF GREENWICH. Agenda Report No. 96-245. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. While this site is in the County, a 100% petition has been submitted for the use of Wichita water and an outside-the-City water agreement has also been submitted. A development agreement with the City, which places controls similar to those found in Community Unit Plans for commercial sites, has been offered by the applicant in conjunction with the City's provision of municipal water. Other guarantees for sewer, paving, and drainage improvements will be handled by the County. Certificates of Petitions have also been submitted (City and County). Because of limited access at this time for a portion of the residential areas, the applicant has provided a covenant which will prohibit development of these areas until another means of acceptable access is provided. In order to provide for the ownership and maintenance of Reserves, the applicant has submitted another restrictive covenant. This covenant also provides for off-street parking, for lots adjacent to narrow streets, requiring that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. The negative Planning Commissioner's vote reflected a concern with the site's platting of areas involving floodplains and the limited access for a portion of the residential areas. Documents Restrictive Covenant from Ritchie Associates, Inc. and The Holy Cross Evangelical Lutheran Church of Wichita; Certificate from Ritchie Associates, Inc.; and Agreement and Water Service Agreement from the Cecilia Balthrop Living Trust. Water 100 Percent petition for Water Distribution System No. 448-89015, to serve the Balthrop Addition (north of Central, east of Greenwich) $140,000 S.A. (Hold for development) Water 100 Percent petition for Water Distribution System No. 448- 89016, to serve the Balthrop Addition (north of Central, east of Greenwich) $75,000 S.A. (Hold for development) Water 100 Percent petition for Water Distribution System No. 448- 89017, to serve the Balthrop Addition (north of Central, east of Greenwich) $185,400 S.A. (Hold for development) Water 100 Percent petition for Water Distribution System No. 448- 89023, to serve the Balthrop Addition (north of Central, east of Greenwich) $40,000 S.A. (Hold for development) Water 100 Percent petition for Water Distribution System No. 448- 89024, to serve the Balthrop Addition (north of Central, east of Greenwich) $133,000 S.A. (Hold for development) Motion -- Cole 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- 098 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-89015, to serve the Balthrop Addition (north of Central, east of Greenwich) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96- 099 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-89016, to serve the Balthrop Addition (north of Central, east of Greenwich) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96- 100 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-89017, to serve the Balthrop Addition (north of Central, east of Greenwich) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96- 101 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-89023, to serve the Balthrop Addition (north of Central, east of Greenwich) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96- 102 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-89024, to serve the Balthrop Addition (north of Central, east of Greenwich) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ADJOURNMENT The City Council meeting adjourned at 12:55 p.m. Pat Burnett Deputy City Clerk Following the meeting, the Council attended a Ground Breaking Ceremony for Hyatt Regency Hotel. The Ceremony was held at the Wichita Boat House, 335 West Lewis. COUNCIL PROCEEDINGS JOURNAL 160 MARCH 19, 1996 Page