MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, September 9, 1997 Tuesday, 9:02 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Rogers; present. *Council Members Ferris, Gale, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Phill Miller, Trees For Life. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. *Council Member Gale present. Minutes -- The minutes of the regular meeting of August 26, 1997, were -- approved approved 5 to 0. (Ferris, Kamen; absent) AWARDS AND PRESENTATIONS EXCELLENCE AWARD The ATE Location Excellence Award was presented to the MTA. *Council Member Kamen present. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. NEW BUSINESS TYPED LETTERS CORP. PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REFUNDING REVENUE BONDS - TYPED LETTERS CORPORATION. (District V) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-757. On March 17, 1992, and on August 16, 1994, Typed Letters Corporation, was issued Industrial Revenue Bonds in the amount of $880,000 and $1.2 million respectively. The two bond issues financed the acquisition of land, the construction and expansion of improvements and the purchase of machinery and equipment, located at 7601 West University. Typed Letters is asking the City to issue refunding bonds which would replace the bonds previously issued. The proposed bond issue will be issued in two series, Series A & B. The 1997 Series A bonds, in the amount of $1,110,000, will refund the 1992 bond issue and that portion of the 1994 bond issue that financed real property improvements. The 1997 Series B bonds, in the amount of $550,000, will refund that portion of the 1994 bond issue that financed the acquisition of personal property. The primary purpose of the refunding issues is to separate the real property and the personal property into separate series of bond issues. The owners of Typed Letters anticipate the possibility of eventually selling the company and retiring. The restructured bonds will allow the possibility of retaining ownership in the real property after selling the business. The estimated costs of the project, and the sources of funding are as follows: Sources of Funds Bond Proceeds - Series A $ 1,110,000 - Series B 550,000 1992 & 1994 Bond Reserves 141,472 1992 & 1994 P & I Accounts 80,808 1994 Project Fund 5,000 Total Sources of Funds: $1,887,280 Uses of Funds Refund Series IV, 1992 Bonds $ 710,000 Refund Series X, 1994 Bonds 1,030,000 1992 & 1994 Call Premium 34,400 1992 & 1994 Interest 10,808 1997 Bond Reserve 10,000 Issuance Costs & Misc. Fees 92,072 Total Uses of Funds $ 1,887,280 It is anticipated that the Bonds will be purchased and marketed by Chapman Securities. Bond Counsel for the transaction is the firm of Hinkle, Eberhart & Elkouri. Typed Letters has a current Equal Employment Opportunity/ Affirmative Action Plan on file with the Department of Human Services and is in compliance with all conditions of the original bond issues. Typed Letters agrees to pay all costs of issuing the bonds and to pay the City's $2,500 annual administrative service fee for the term of the bonds. Typed Letters will not be granted an abatement of ad valorem property taxes in conjunction with the issuance of the bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the public hearing be closed; and the Bond Ordinance which will approve the Bond Documents including Series A and B, 1997 Trust Indentures, Series A & B, 1997 Leases, Series A & B, 1997 Bond Purchase Agreements and Series A & B, 1997 Guaranty Agreements be placed on first reading; and the Mayor be -- carried authorized to execute the necessary documents. Motion carried 6 to 0. (Ferris absent) ORDINANCE An Ordinance authorizing the City of Wichita, Kansas, to issue two separate series of its Industrial Refunding Revenue Bonds in the total aggregate amount of $1.55 million for the purpose of refunding and redeeming the City's Industrial Revenue Bonds, Series IV, 1991 (Typed Letters Corporation) and the City's Industrial Revenue Bonds, series X, 1994 (Typed Letters Corporation); prescribing the form and authorizing the execution of two separate trust indentures by and between the City and Central Bank and Trust Company, Hutchinson, Kansas, as trustee with respect to each series of bonds; approving the form and authorizing the execution of two separate leases by and between Typed Letters Corporation and the City; prescribing the form of two separate guaranty agreements, one for each series of bonds, each guaranty agreement to be by and between Typed Letters Corporation, Randal A. Johnson and Shirley A. Johnson, as guarantors, and Central Bank and Trust Company, Hutchinson, Kansas, as Trustee; and authorizing the execution of two separate bond purchase agreements for each series of bonds, each bond purchase agreement to be by and between the City, Typed Letters Corporation, and Chapman Securities, Inc., Wichita, Kansas, as purchaser of the bonds, introduced and under the rules laid over. MID-CONTINENT INST. PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - MID-CONTINENT INSTRUMENTS, INC. (District II) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-208 A. On March 18, 1997, the City Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds, in an amount not-to-exceed $4.2 million, for a six-month period to Mid-Continent Instruments, Inc. to construct and equip a new aircraft instrument manufacturing headquarters facility located at Webb Road and 34th Street North, and to purchase additional machinery. Mid- Continent was also granted an 100% property tax abatement for a 5-year term on the project, plus a second 5 years subject to Council review. Mid-Continent Instruments designs, manufactures and distributes aircraft instruments. Mid-Continent Instruments' instrument program is one of the largest in the world. The Company supplies gyros, altimeters and autopilot components to customers that build and operate aircraft, from light single-engine planes to heavy, twin corporate jets to helicopter operations. Proceeds from the bonds will be used to construct a 51,000 s.f. facility and to purchase machinery and equipment as follows: USES OF FUNDS * Construct New Building $4,050,000 * Purchase Machinery and Equipment 150,000 Total Cost of Project: $4,200,000 Mid-Continent Instruments currently employs 88 people. Current expansion plans for Mid-Continent Instruments, forecast an increase in employment of approximately 60 people over the next five years. If these projections are met, over $2,370,000 in new personal annual income will be added to the Wichita economy through wages paid to Mid-Continent's expanded work force. 100% of the company's product is ultimately exported outside the state. A cost/benefit analysis based on the fiscal and economic impact of the expansion project has been performed by the Wichita State University's Center for Economic Development and Business Research. The study reflects cost/benefit ratios of 1.5 to one for the City; 1.3 to one for Sedgwick County; one to one for USD 259 and 4.3 to one for the State. Mid-Continent Instruments agrees to file a current approved EEO/AA Plan with the City's Human Resources Department and a Water Conservation Plan with the Division of Natural Resources. The bonds will be privately placed with a financial institution. The firm of Hinkle, Eberhart and Elkouri, L.L.C. will serve as bond counsel in the transaction. Mid-Continent Instruments agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. Mid-Continent Instruments was granted a 100% tax abatement of ad valorem property taxes on the project for a 5-year period, with a second 5 years to be based on Council review at the end of the first 5-year period. Under the City's Business Incentive Policy, Mid-Continent Instruments qualifies for a 100% tax abatement on the project based on new employment, capital investment and export trade. The real and personal property taxes paid by Mid-Continent Instruments in 1996 was $6,582.47. Under the 100% tax abatement the estimated amount of taxes that would be abated in the first year is $117,711 (based on projected costs of construction), of which $32,641 is the City portion, $30,881 the County/State portion, and $54,189 the U.S.D. 259 portion, based on the 1996 mill levy of 112.682 mills. *Council Member Ferris present. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the public hearing be closed; and the Bond Ordinance which will approve the Bond Documents including the: Trust Indentures; Leases; and Guaranty Agreements be placed on first reading; and the Mayor be authorized to execute the -- carried necessary documents. Motion carried 7 to 0. ORDINANCE An Ordinance authorizing the City of Wichita, Kansas (the "issuer"), to issue two separate revenue bonds in the total aggregate amount of $4.2 million for the purpose of providing funds to acquire a site and construct improvements thereon and to acquire, purchase, and install certain machinery and equipment to be located in the City of Wichita, Kansas; prescribing the form and authorizing the execution of two separate leases by and between Didcot, L.C. and the issuer; prescribing the form of two separate guaranty agreements, by and between Didcot, L.C., Mid-Continent Instruments Co., Inc., as guarantors and Intrust Bank, N.A., Wichita, Kansas, as trustee; prescribing the form of a reimbursement agreement and a pledge and security agreement by and between Didcot, L.C. and Nationsbank, N.A., as letter of credit provider; and prescribing the form and authorizing the execution of two separate bond purchase agreements by and between the issuer, Didcot, L.C., Mid-Continent Instruments Co., Inc., and GE Capital Public Finance, Inc., as purchaser of the bonds,introduced and under the rules laid over. PARK WEST PLAZA REQUEST FOR LETTER OF INTENT FOR ELDERLY HOUSING REVENUE BONDS - PARK WEST PLAZA, L.L.C. (District V) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-758. On September 19, 1995, the City Council approved the issuance of Assisted Care Facility Revenue Bonds in the amount of $4,200,000 to Park West Plaza, L.L.C. The proceeds from the sale of the bonds were used to construct and equip Park West Plaza Estates, a 60-unit assisted living facility located on the southwest corner of Central and Maize Road in west Wichita. Park West Plaza, L.L.C. is requesting the issuance of another Letter of Intent for Elderly Housing Revenue Bonds, this time in an amount not to exceed $3,500,000. Bond proceeds will be used to construct and equip Park West Plaza - Phase II, a 24-unit special care assisted living facility and 18 independent living units, as an addition to the Phase I, 60-unit assisted living facility. Park West Plaza - Phase II will be developed and owned by Park West Plaza, L.L.C., a Kansas limited liability company, comprised of four members; Donald E. Schmidt, Kent G. Schmidt, John W. McKay, Jr. and J. W. Russell, all of Wichita. Park West Plaza, L.L.C. will enter into a management agreement with Schmidt-McKay Development & Management Group, L.L.C. for the management of Park West Plaza - Phase II, in concert with the management arrangements for Park West Plaza - Phase I. Park West Plaza - Phase II will be a premier special care assisted living and independent living facility. Park West Plaza - Phase II will be located on two parcels of ground adjacent to Park West Plaza Retirement and Assisted Living facility located on the southwest corner of Central and Maize Road in west Wichita. Park West Plaza - Phase II will provide quality dining services, housekeeping and linen service, safety features, numerous in-house social activities and scheduled transportation. In addition to large one-bedroom apartments, common areas will be shared by the residents. The special care assisted living section will have a registered nurse to oversee the individualized care of each patient. Special care assistance will include dressing, bathing, blood pressure monitoring, medication, supervision and assistance with mobility. The company expects to employ approximately 20 to 25 people by the end of the first full operating year. The project is expected to generate additional ad valorem taxes of approximately $50,000 per year. The investment banking firm of Froggatte & Herndon Capital Corporation will underwrite the bonds and will publicly re-offer the bonds to investors. The law firm of Hinkle, Eberhart & Elkouri will serve as bond counsel. The project will be financed by a combination of bond proceeds and tenant funds as follows: SOURCE OF FUNDS 1997 Bond Proceeds: Tax Exempt Bonds $2,000,000 Taxable Bonds 1,500,000 Bond Proceeds: $3,500,000 Tenant Funds: Tenant Land Contribution $100,000 Letter of Credit 400,000 TOTAL SOURCES: $4,000,000 USES OF FUNDS Land $ 240,000 Building 2,534,450 Construction Interest 255,550 Development Fees 140,000 Architectural & design fees 60,000 Bond reserve 100,000 Accounting, legal and financing costs 170,000 Working capital 500,000 TOTAL USES $4,000,000 Park West Plaza has an EEO/AA Plan and a Water Conservation Plan on file with the City. Park West Plaza has agreed to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual administrative fee for the term of the bonds. Park West Plaza is not requesting a tax abatement as a result of the issuance of the bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the issuance of, and authorize for the Mayor to sign, a Letter of Intent to Park West Plaza, L.L.C. for Elderly Housing Revenue Bonds in an amount not to exceed $3.5 million be approved subject to the following conditions: 1. Negotiation of a Lease Agreement and Bond Ordinance. 2. Arrangements have been made for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds are in place. 4. Agreement to pay the City administrative fees of $2,500 per year for as long as the bonds are outstanding. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. An approved Equal Employment Opportunity/Affirmative Action Plan is on file with the City prior to issuance of the bonds. 7. An approved Water Conservation Plan is on file with the City prior to issuance of the bonds. 8. Agreement to submit building and site plans to CART (City Manager's Aesthetic Review Team) for review and to modify the proposed design to comply with any reasonable CART conditions or recommendations. 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA will be conducted by and independent consultant who is a recognized expert in the area. Industrial Revenue Bonds will not be issued if the ESA discloses environmental conditions that might have implications for bond purchasers under the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 10. Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual audits to the City. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the bond issue. 14. Applicant is encouraged to utilize Minority-owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. -- carried Motion carried 7 to 0. PAVING PETITION PETITION TO PAVE MASCOT FROM 27TH STREET NORTH TO 29TH STREET NORTH. (District VI) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 97-759. The signatures on the Petition represent 55% (28 of 51 owners) of the improvement district area. CPO Council 6 considered the project on August 13, 1997 and voted 9-0 to recommend approval. Mascot is a sand street that serves a neighborhood of single family homes. The street is difficult to maintain and drains poorly. The estimated project cost is $200,000.00, with the total cost assessed to the improvement district. The cost is proposed to be split 50% to properties on the east side of the street and 50% to properties on the west side. The proposed method of assessment is the square foot basis. The estimated rate of assessment to individual properties is $00.19 per square foot of ownership for properties on the west side of Mascot and $00.40 per square foot of ownership for properties on the east side. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Ray Parrott Ray Parrott, 729 West 29th North, spoke against the project because of the difference in the rate of assessments on the east and west sides of the street. Council Member Rogers left the Bench. Mike Lindebak City Engineer, responding to a question regarding the future paving of Shelton, explained that it is anticipated Shelton will eventually be paved in its entirety. When Shelton paving is assessed, the assessment will then be equal to both the east and west sides of Mascot. Fredonia Parrott Fredonia Parrott added that Shelton is paved north and south of the area in question. Motion -- Cole moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-97-315 Resolution of findings of advisability and Resolution authorizing paving of Mascot (from 27th Street North to 29th Street North) Project Number 472-82861) 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 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. Council Member Rogers present. PAVING PETITION PETITION TO PAVE WILDWOOD FROM ST. PAUL TO RICHMOND. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 97-760. The signatures on the Petition represent 18 of 25 (35% by area) ownerships in the improvement district. CPO Council 4 considered the Petition on August 14, 1997. The Council voted 8-0 to recommend approval. Wildwood is a sand street that serves a neighborhood of single family homes. The street is difficult to maintain and drains poorly. The estimated project cost is $97,000 with $17,000 paid by the City and $80,000 assessed to the improvement district. The method of assessment is the square foot basis. The estimated rate of assessment to individual properties is $00.20 per square foot of ownership. The City share is for the cost of intersection construction. The funding source is General Obligation Bonds. The petition represents 18 of 25 (and 35% by area) ownerships in the improvement district. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Gale moved that the Petition(s) be approved and the Resolution(s) be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-316 Resolution of findings of advisability and Resolution authorizing paving of Wildwood (from St. Paul to Richmond) (Project Number 472- 82862) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PROPERTY DISPOSITION SALE OF PROPERTY TO AIRPORT AUTHORITY. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-761. In November, 1996, the City Council approved the purchase of a 35,358 sq.ft. tract of land from the Wichita Airport Authority. The property is located at Webb Road and K-96 (near Jabara Airport) and will be used for a new northeast fire station. At the time of purchase, the Airport Authority requested that it be given an option to acquire a 14.08 acre tract of City-owned property in the general area for the same price as the building pad for the fire station, or $30,054. The property in question was acquired by the City in the K- 96 project and has been appraised at $35,000. Motion -- Kamen moved that the sale of property for $30,054 be approved; and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. PROPOSED AMNESTY PROPOSED AMNESTY PROGRAM. Harold Flaigle Municipal Court Administrative Judge reviewed the Item and requested an additional $2,400 for funding for advertisement. Agenda Report No. 97-762. On March 19, 1996, the City Council approved the recommendations from the loaned executive Municipal Court Task Force. These recommendations included the funding of an Amnesty Program totaling $25,000. The Amnesty Program's goal is to reduce the number of outstanding traffic warrants in Municipal Court. Currently, there are approximately 28,000 traffic warrants outstanding and available for Amnesty. During the Amnesty period the City of Wichita will forgive the warrant fee and eliminate the threat of arrest if the fines and costs are paid. A public awareness program is being prepared by the Public Information Office to maximize the effectiveness of the program. Citizens will have the opportunity to remove their name from the published tabloid if they pay their traffic citation before September 12, 1997. The Amnesty Program will be implemented as follows: 1. Names of individuals with outstanding traffic warrants will be published in the Sunday newspaper. All outstanding moving and parking citations must be paid to be eligible for the program. Inserts for the Sedgwick County area will total approximately 120,000 copies. 2. The six days following publication, the individuals may pay the fine and court cost associated with the outstanding warrant and the warrant fee will be forgiven. Municipal Court will offer extended hours: Monday through Friday from 7:00 a.m. until 7:00 p.m. and on Saturday from 8:00 a.m. until 5:00 p.m. The Amnesty Program is planned for October 6 through October 11th. . The tabloid insert will be placed in the Sunday edition of the Wichita Eagle and will include approximately 22,000 names with a detailed description of the Amnesty Program on the cover. Currently, there are more traffic warrants outstanding than can be published in a tabloid; however, the amnesty will be offered to all outstanding traffic warrants. Names published in the tabloid will reflect the latest warrants issued as these warrants have the highest probability of collection. For the program to pay for itself, an additional 460 tickets (or 2% of names published), with an average fine of $70, must be paid. On March 19, 1996, the City Council previously approved $25,000 for the Amnesty Program. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Amnesty Program be approved and the Resolution be adopted; and the additional funds in the amount of $2,400 be approved. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-317 A Resolution of the City Council of the City of Wichita, Kansas, establishing an amnesty program for certain outstanding traffic warrants pending in the Municipal Court, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. WICHITA BOATHOUSE WICHITA BOATHOUSE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-763. The Wichita Boathouse and Arkansas River Museum started in 1991, when a group of people envisioned re-creating a boathouse that once served as a hub for river activity in Wichita. The Riverside Boathouse was in the community for over 70 years until it was demolished in 1968. The vision was for a new boathouse to be a facility for people to enjoy the river with a pleasant atmosphere, special entertainment and boating activities. On January 26, 1993, the City Council approved a lease agreement for the site at Lewis and Main. The Arkansas River Foundation renovated the former Senior Services Center into the current Wichita Boathouse. Funding for the renovation and initial operations came from William I. Koch and contributions from over 1,200 members. The Arkansas River Foundation intended for the Boathouse to become another feature for the community, such as the Wichita Art Museum, Botanica, and Old Cowtown Historical Museum. In April 1994, the Wichita Boathouse and Arkansas River Museum was officially opened. Since then, the Boathouse has become an integral part of downtown activities, such as the RiverKids program; however the financial stability of the operations has been an ongoing issue, especially in light of the recent heavy construction in the last year. A proposal has been made for the City of Wichita to assume operational and financial control of the Wichita Boathouse, beginning January 1, 1998. If approved, Staff would create a Transition Team to evaluate current Boathouse operations, budgets and programs. The City intentions would be to continue, and perhaps, expand the RiverKids Program and examine other community uses and activities. The City would also plan to continue and the facility rental agreements for private parties and uses of the facility for public events. Additional uses for the Boathouse will be explored by the Transition Team, including possible exhibitional use, visitors/tourists facilities and downtown community center usage. The City and River Foundation Board may, by agreement, terminate the existing Lease Agreement and arrange for the transfer of the facility and its operations. As part of the proposal, when the City assumes operational control, the existing $800,000 loan, plus interest will be forgiven. In addition, a cash donation of $200,000 for continued support of the Boathouse operations will be provided. Once the Transition Team evaluates operations and determines existing and appropriate uses and type of activities that will be carried out at these facilities, a proposed operational budget will be provided to the City Council. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the agreement with Arkansas River Foundation be approved and Staff be authorized to work on the transition of the Wichita Boathouse to be under operational control of the City, effective January 1, 1998. Motion carried -- carried 7 to 0. EMPLOYEE HEALTH INSUR. EMPLOYEE HEALTH INSURANCE PROGRAMS. Ray Trail Director of Finance reviewed the Item. Agenda Report No. 97-764. The City provides a health insurance program for City employees who elect to participate. Under union contracts, the City pays 75% of the premium and the participating employee pays the balance. For 1996 and 1997, the City unilaterally determined to increase its share of the cost to 80% of the monthly premium. The City has been a single group for health insurance with one plan applicable to all employees since 1992. This was done in late 1991 based on a recommendation from a blue ribbon ad hoc committee of outside health experts that the city should consolidate its health groups under one plan. This prevents issues of what is known as "adverse selection" where the employees with the higher utilization of health care gravitate to one of the offered plans and ultimately driving up the cost of health care overall. It also allows the City to combine its buying power into one block and negotiate the largest discounts on health care services. The health insurance program is managed by the Finance/Risk Management Office, with monitoring by a Health Insurance Advisory Committee composed of representatives of union and non-union City employees and an outside member who is the Risk Manager for the Wichita Public Schools. The current medical and prescription drug insurance program, Premier Blue, is provided by Blue Cross. A separate vision program is provided through Vision Service. The contracts expire at the end of 1997. A Request for Proposals (RFPs) was prepared and sent to all known service providers to solicit proposals for health insurance for 1998. The deadline for responses to the City's Request for Proposals (RFP) on the employee health insurance programs was August 7, 1997. Proposals were solicited for basic medical, prescription drugs and vision. A package of health insurance programs encompassing 1998/99 are recommended to the City Council as outlined on the following page. For 1998, the City health plan will experience an overall 11.4% increase in cost. This should be viewed in the context of the last several years. The cost of health insurance actually decreased after 1995 and has been constant with no increase for the last two years. Nevertheless, this does represent a significant cost increase to both the City and employees If the contract is extended to 1999, the increase in basic medical would be capped at not-to-exceed 5.8%. The (self-insured) prescription drug cost increase is projected not-to-exceed 10%. Vision services would not increase for 1999. This would result in a (cumulative) total cost increase over the two years (1998/99) of 18.5%. Annual Cost 1997 1998 1999 Percent Current Proposed Projected Increase Medical (Premier Blue) $8,864,139 $9,760,679 $10,326,798 16.5% Prescription Drugs (Express) 1,779,218 2,101,645 2,311,810 29.9% Vision (Vision Service) 208,141 228,977 228,977 10.0% Total $10,894,353 $12,138,441 $12,914,725 18.5% Medical Insurance The City received two proposals for medical insurance coverage: [a]Blue Cross for their Premier Blue "managed care" plan (the current employee medical plan) offered a two-year package totaling $20,087,477. [b]Preferred Plus of Kansas offered its "managed care" plan at a two-year package totaling $20,241,714. PPK also declined to provide to the City the financial and health care utilization data as specified in the City's RFP. Based on the lower cost, the non-responsiveness of the PPK proposal on financial/utilization data and the determination that a change in service providers would be disruptive to covered employees, it is recommended that the proposal of Blue Cross be selected. Prescription Drugs The City received five proposals for prescription drug coverage. The proposals of both the primary providers (Blue Cross and Preferred Plus) were considered too high. It is recommended that the City undertake an option of a self-insured prescription drug program as the proposal offering the best combination of cost and customer convenience with Express Scripts, Inc., as the plan administrator. Vision The City received two responses to the RFP on vision coverage. The current provider, Vision Service, proposed the lowest cost at a 10% increase in cost for 1998 and no cost increase for 1999. Plan Funding Funding for the 1998/99 health insurance program is included within the budget allowing for the City to continue to fund 80% of the premium costs. The Health Insurance Advisory Committee has met to review RFP responses and conduct interviews with the responding parties, as necessary. The Committee voted unanimously to recommend the health insurance package as outlined above. City/Employee Rates of Contribution Based on the recommended health insurance program costs, the monthly rates of contribution for the City and its participating employees would be as follows: Monthly Rates 1997 1998 1999 Current Proposed Projected Family Plan $424.80 $473.07 $503.20 City (80%) 339.84 378.46 402.56 Employee (20%) 84.96 94.61 102.64 Single Plan $148.66 $166.07 $176.92 City (80%) 118.93 132.85 141.54 Employee (20%) 29.73 33.22 35.38 Since the City of Wichita first consolidated its medical insurance program into a single group, the table below reflects the City and employee experience in insurance premiums: Total Monthly Health Premium Cost Employee Monthly Health Premium Cost Single % Inc Family % Inc Single % Inc Family % Inc 1992 131.27 344.65 32.82 86.16 1993 145.70 11.0% 383.00 11.1% 36.42 11.0% 95.74 11.1% 1994 145.70 0.0% 383.00 0.0% 36.42 0.0% 95.74 0.0% 1995 167.00 14.6% 440.00 14.9% 41.76 14.7% 110.00 14.9% 1996 148.66 -11.0% 424.79 -3.5% 29.73 - 28.8% 84.86 -22.8% 1997 148.66 0.0% 424.79 0.0% 29.73 0.0% 84.86 0.0% 1998 166.07 11.7% 473.07 11.4% 33.22 11.7% 94.61 11.4% 1999 176.92 6.5% 503.20 6.4% 35.38 6.5% 100.64 6.4% Avg. Ann Incr 5.0% 6.6% 1.1% 2.4% Avg. Ann Incr 5.5% 1.6% (Single & Family combined) The average increase in rates for the City has been 5.5% per year (1993-1999)...far lower than the average health care cost increases. The employee share of health premiums has only gone up an average of 1.6% annually...an excellent value for employees. Ray Trail Director of Finance, responding to questions, said the employee groups had reviewed the proposal and were in agreement. The proposal was laid out clearly and evenly as possible to allow price and the market to be the determining factor. It was a level playing field. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Brad Clothier Brad Clothier, Preferred Plus of Kansas, said that, Preferred Plus had conveyed that they would be willing to match the existing rate as presented on the renewal for the Premier Blue premium so there would not be any cost differential to the City. This would allow City employees to have a network match which would provide employees the broadest access to health care by making a number of providers available that are currently not available to City employees. Mayor Knight Mayor Knight that to change anything on the RFP or to fudge on outcome of the process destroys credibility in the process. The City went out for bids and Preferred Plus was not the lowest bidder. Council Member Cole Council Member Cole said it would be nice to offer open choice to use any hospital or doctor but choice is at a premium. Also, the RFP requested special reports and to allow city review of contracts with physicians. This was complied with by Premier Blue but not by Preferred Plus. Motion -- Cole moved that the 1998/99 health insurance programs be approved and the Purchasing Manager be authorized to sign the contracts; and the City contribution -- carried rate be established at 80% of the monthly premium. Motion carried 7 to 0. PEARL HARBOR MEMORIAL ACCEPTANCE OF PEARL HARBOR MEMORIAL. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-765. The Greater Wichita Kansas Chapter No. Two of the Pearl Harbor Survivors Association (PHSA) has requested that the City approve the donation, construction and installation of a memorial to be located in Veterans Memorial Park. The Board of Park Commission, on August 11, 1997, approved the donation and site location. PHSA has contracted a memorial to be made of gray granite, 6 feet tall, 3 feet wide, and 8 inches thick. The letter and emblems on the front and the names of those who lost their lives in the Pearl Harbor bombing will be in black. The total cost, including construction and installation, of the memorial will be donated by PHSA. Motion -- Knight moved that the donation and installation of the Memorial be approved. -- carried Motion carried 7 to 0. RECESS The City Council recessed at 10:17 a.m. and reconvened at 10:28 a.m. SOLID WASTE REVIEW OF ACTION BY COUNTY COMMISSION ON SOLID WASTE MANAGEMENT FOR WICHITA- SEDGWICK COUNTY. On August 12, the City Council offered (to Sedgwick County) a proposal to construct and operate a local sanitary landfill at the newly acquired Furley site, in lieu of a distant landfill and transfer station. On September 3, the County Commission took action (voted 3 - 2) to defer its action on solid waste and request the City to consider the operation of a new landfill at the Kingsbury site. Mayor Knight Mayor Knight said fiscal conservation and environmental responsibility are the major characteristics of this community to be considered. The City has taken this subject very seriously over a long period of time. It was so important that two Council Members, Greg Ferris and Sheldon Kamen, were assigned to take leadership roles. Council Member Ferris Council Member Ferris stated that the City Council went through a very deliberative process of investigating costs, looking at land, inviting individuals to bring various parcels of land and rejecting many parcels based on location and suitability for a landfill site, and taking options on land so actual cost estimates could be compared. With hard information in hand, the Council arrived at the conclusion that landfilling was a superior solution. The County then embarked on their own process and the City Council and County Commission have worked fairly well together. The City had volumes of information which was accessible to County Staff at any time, and the County Staff did pick and choose the information they wanted. As the process the County Staff and Solid Waste Management Committee went through was watched and Minutes were read, Council Member Ferris said he was not convinced it was the same deliberative process the City went through because the City's process was one that said the City did not know the answer but was going to find the answer to the question. It appears that the County process was that the County knew the answer was a transfer station so the transfer station was to be proven. Every step of the way, the County found that the transfer station was unprovable as the best solution but the County still tried to prove it as a solution until the very end. A fair majority of public comment has been directed at Council Member Ferris personally but, clearly, most of the information was in error. Most of the information given at the public hearing on September 3rd, 1997, was not true. Most of the statements that the County Commission relied on were not accurate but it became the County Commission's choice to give back the decision to the City on what should be done with solid waste. The City has been through the process. City Staff is as knowledgeable as any City Staff in the Midwest or, maybe, beyond that bounds. The City also hired a consulting firm that, on a regular basis, sites transfer stations and landfills. The consulting firm is an engineering company that does extreme detailed analysis and site investigations. The City went beyond just the top of the soil investigation. Wells were dug to find depths of groundwater. Test wells, or borings, were dug to find the actual soil content. The information and test results were ignored in the testimony heard from the Solid Waste Management Committee comments or at the County Commission Meeting. There are many opinions on solid waste but there are also a lot of facts. It seems that the opinions have far outweighed the facts in the way the County has ended up their process. Today, the City Council is deciding whether or not there should be another public hearing on the former Kingsbury site. In order to have a landfill at the former Kingsbury site, the City would have to have public hearings before deciding whether to go into the process to receive a conditional use permit which would require notification and additional hearings. The City invited the County to participate in the public hearing and was told the County had had all the hearings needed on this issue. Council Member Ferris said he then reviewed all the information the City had on geology, hydrology, and in general on both sites. Steve Lackey Director of Public Works compared the former Kingsbury to the 85th and Greenwich Road sites. Former Kingsbury Site 85th & Greenwich Road Geology Clay with silt mixed in Clay, rock or shale 30' - 40' deep and sand - fairly shallow Better material with enough clay and rock to be used on daily basis for cover material. Groundwater Depth varies from 8' - 14' 2' - 3' thick. below surface of site. Depth approximately 30' - 40' Then 40' - 50' to bedrock below surface of site. - all aquifer. Population Density - sparse to dense. Density - sparse with small To S, W, N - not heavy pockets of residential area. To E and across River, heavy including Moorings Site Issues Next to River None similar to former Kingsbury. Near Airport Only geology of site Close to groundwater/equus bed district. Buffer Area Little buffer Large areas of buffer City has W side Hoover Rd residential already purchased. Small amount No buffer purchased outside more will have to be purchased. landfill area. Cover Material Very little - trash would Very large quantities - would be be right on surface and dug into the site and large not dug down at all. quantities of daily cover material could be utilized. History Existing landfill site Near chemical waste site Transportation Existing interchange and K-254 about to be newly highway. constructed. Two miles of Greenwich Road. Last week, a statement was made indicating the former Kingsbury site had already been approved by KDHE. This is not true. KDHE has not approved the former Kingsbury site. Tom Brown Tom Brown, Burns and McDonnell, responding to questions, said Burns and McDonnell has done approximately fifteen Subtitle "D" landfills and many other landfills before Subtitle "D." Burns and McDonnell has also done transfer stations. Information from the former Kingsbury site, with respect to the types of soils, groundwater, depth of bedrock, and depth of aquifer, has been studied. From a professional standpoint, there is a tremendous difference between the former Kingsbury site and the site at 85th and Greenwich Road. The 85th and Greenwich Road site is obviously better geologically. Some of the reasons the 85th and Greenwich Road site is better are: 1) depth of clay, 2) characteristics of the clay (permeability in the range of 10 to the minus 9 centimeters per second which is 2 orders of magnitude less permeable than the 2' of clay required under a Subtitle "D" liner), 3) sand - 30' - 40' to bedrock - all of which is a major, major aquifer - this is 40' - 50' of water flowing under the site close to the top. The 85th and Greenwich Road site has a groundwater seam beneath the clay. The groundwater seam is really a permeable area in the clay - these are found once in a while. Below that level of groundwater there is additional clay. This is a small amount of water which has clay below it. Eventually, after 15 or 20 feet of additional clay, there is more water. The whole area is comprised of very impermeable soils so that the movement is very slow vertically. The groundwater hits the permeable areas and somewhat accumulates in those areas. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. From a purely engineering and political standpoint, there is a tremendous incentive to expand current landfills because the area is associated with a landfill. That aside, just from an engineering standpoint, the 85th and Greenwich Road site is a much better site for the reasons already mentioned. The geology is clearly superior. Although the State of Kansas and Subtitle "D" regulations do not require any location restrictions with respect to aquifers. Many states do require restrictions. In fact, in many states, the former Kingsbury site expansion would not be possible because of location restrictions. These restrictions are not, however, in the Federal or Kansas restrictions. Council Member Kamen Council Member Kamen pointed out that north of the 85th and Greenwich Road site there is a chemical waste dump site of approximately 160 to 300 acres operated by Waste Management. This land could also be considered additional buffer to the City's site. Waste Management also has ownership of the tract just immediately west of the 85th and Greenwich Road site. There are no residential units on the Waste Management owned sites. Steve Lackey Director of Public Works, answering a question, said the chart shown today has only been available today; however, the information in the chart has been available in one form or another for at lease one year on the 85th and Greenwich site (except only 6 months on borings), and for five to six years on the former Kingsbury site. Council Member Cole Council Member Cole stated that the County Commission had been invited to join the City Council at a future public hearing and the County Commission indicated they had had enough public hearings. The people in the area around the former Kingsbury site have not had public hearings because that site has not been presented as an option. Commissioner Miller did indicate, at first, that she did not have, at first, access to information on the former Kingsbury site. When it was determined Commissioner Miller did have access to information, then the response was that, perhaps, the former Kingsbury site had not been studied to the degree it should have been, and that was the reason for the County Commission motion this past Wednesday. Council Member Lambke Council Member Lambke said the City had previously studied this issue and presented what the City Council considered to be the best plan and the County Commission had rejected the City's plan and taken control. It is now up to the County to Commission to select a plan. The City should try to cooperate with the County. Whatever the site or plan that is finally selected, it must include strong recycling and financing of new technology testing. Council Member Rogers Council Member Rogers stated that he had attended the town hall meeting at Channel 10 and that was the first time he heard that he was going to be asked to reconsider the former Kingsbury site. Council Member Rogers said the former Kingsbury site had been given consideration and there has been no new information for reconsideration of the site. The former Kingsbury site is viable; however, it simply is not as viable as the 85th and Greenwich Road site. Council Member Rogers said he did not think the City should have purchased the 85th and Ridge Road property because it was not the City's decision to make - the County could have bought the land. "I believe that we ought to say to the Citizen's of Wichita, and that includes any representative body, that we have done our homework; we have the documentation to support it; we voted unanimously seven to zero to put together a proposal, in a cooperative way, to indicate to the County Commission what we would do in the waste management solution; and here it is - and they have it and it has been debated. For me to reconsider, I have to have some extenuating circumstances and I simply do not have at this time." Council Member Gale Council Member Gale said the Council did its homework. Over a year ago, the Council collected facts on landfill versus transfer station. The Council asked for and received RFPs and hard numbers on transfer stations. Thorough work was done looking at the geology and hydrology of a local landfill. The City had progressed past the former Kingsbury site a couple of years ago for all of the reasons that have been reiterated at this meeting. The City gave the County a very comprehensive proposal which Council Member Gale said he still stands behind. Council Member Kamen Council Member Kamen said the City Council had eliminated all but the landfill site at 85th and Greenwich Road. The 85th and Greenwich Road site is the most economical as far as the amount per ton that would be disposed of in that manner. The former Kingsbury site would be higher than what is being paid at the present time. The transfer station, as far as the financial picture, would be irresponsible. Environmentally, the consultant has reiterated that there is no danger whatsoever on the 85th and Greenwich Road site as far as a Subtitle "D" landfill. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Council Member Kamen stated that the 85th and Greenwich Road is so much superior than the former Kingsbury site. As far as recycling options, Council Member Kamen said he believed landfills are much more open to recycling possibilities than the transfer station because once the material is transferred out of this area it cannot be recovered by the City and the problem is just given to someone else. The City Council worked into their proposal the possibility of looking at technological advances in the future by setting up 5- acre plots and working with KDHE to receive permission to explore the technological ideas and, hopefully, give the innovators grants from the State and the local budget. The transfer station does not come close to what the City proposed. Marvin Krout Director of Planning said the adopted Comprehensive Plan from 1993 indicates that both of the landfill sites are outside of an urban growth area to the year 2010. But, even in 1993, the area between the former Kingsbury tract, the Brooks tract, and the Sedgwick County Zoo had been looked at as an area for development. At some point in the future, the access will probably be improved with a connection from I-235 across the floodway to 29th Street. The area is within 2 miles of city water and sewer and is an area developers are starting to look at as having some positive qualities because of the high groundwater. There is a lot of surface water in that area and surface water is increasingly of interest in terms of residential development. The City is growing to the west of the area beyond 29th Street, at Ridge Road, and west of Ridge Road. The area is referred to almost as an infill site. The Water and Sewer Department has been asked to look at how to sewer the area. The issue is how to get through the groundwater and provide public sewer to the area. It has always been felt that the area has potential and was close to the City limits so, in the update of the Comprehensive Plan, that area is definitely going to be an area for future urban development - maybe not in the next five years but, certainly, in the longer range. The 85th and Ridge Road site is very different. The site is 6 to 8 miles from the City limits and from any water and sewer. The site drains towards Butler County which would require development of a new treatment plant and a whole new development area. The area has had a very slow rate of suburban development over the past 10 to 15 years and, it is thought, a lot of that has to do with the stigma of the Furley hazardous waste dump. Without a landfill in that area, that stigma is going to restrict the development potential for development for some time to come. Council Member Ferris Council Member Ferris said the charge was to come up with an environmental solution that was economically possible and impacted the fewest number of people possible. "As I listened to the Solid Waste Committee, I thought it was quite interesting that as they talked about their preference between the City's proposal and their proposal, it was that they believe that the County would do just a much better job of handling environmental issues than the City. I find it quite interesting, when you look at the environmental issues that surround and cloud the (former) Kingsbury site, that the County Commission is willing to build a landfill there - in spite of all the environmental issues that may exist - while the City is trying to go through a very thoughtful process of whether or not we should even consider that. "So, I find it quite interesting that some members of the environmental community find that the County might be more interested in the environment than the City - and, it just is not true." Another thing that was said was that the geology at the 85th and Greenwich Road site was not suitable for a landfill. The Solid Waste Management Committee did not get this information from any of the records that exist on the land, which includes borings or drillings taken. Rather, the information was from people who had taken a podium and said they were against the Furley landfill. The Solid Waste Management Committee did not research or look into the facts. The facts are that testing can be done and evidence will not be found that the site is not geologically fit for a landfill. Mr. Brown has said the former Kingsbury site would not be permittable in many states. The site might be permittable by Kansas law but it is unsure whether KDHE would permit the site. The former Kingsbury site was the site of least political resistance because a landfill was already in the area. The economic ramifications of building a transfer station have not even been explored by the Solid Waste Management Committee. The Committee visited a site that handled 250 tons/day and said transferring trash is clean and wonderful. The City's trash would multiply the 250 tons/day by three to five times, depending on how much recycling is actually achieved, to find out what kind of transfer station Wichita would have. There might also be the expense of building one or two additional transfer stations instead of a single transfer station. Last week, testimonial misinformation was given on indemnification. A site can indemnify itself but even large companies do not take the landfill underneath their financial umbrella just in case something happens. The companies have and keep the ability to just walk away from the sites if they become too expensive just by declaring bankruptcy. This fact has not been taken into consideration. The County also wants the landfill to be site specific but they have never once attempted, for one year, to prove transfer stations and they have never tried to be site specific about a transfer station. The financial information provided by County staff is questionable at best and maybe, frankly, erroneous. The City took bids on what it would cost to build a transfer station, and the numbers the County represented are $1 to $2 less than the lowest bid the City received. Just the operations beyond a transfer station may require an additional tax increase for this community. Never has this community funded landfilling or environmental options through anything other than tipping fees but the tipping fees will be so high at a transfer station that the only recourse may be to fund it though a "property fee" so it is outside the tax lid. There will be no opportunity to oppose the fee - and it can, and probably will, be imposed. If the fees are too great, large handlers can build their own transfer stations and go around the County's transfer station. Three-fourths of the waste in this community is handled by the two largest companies and if they do not use the County's transfer station, the County will have enormous financial consequences. A man from the former Kingsbury site area contacted Council Member Ferris and told him that he had asked the County Appraiser to have his property taxes reduced instead of raised because he lived near a landfill. The County Appraiser was very quick to lower land around a hazardous waste landfill because there was the future possibility of a landfill but the Appraiser refused to lower that individual's taxes because he was next to a landfill. This is very inconsistent and makes one question how the appraiser arrived at the whole idea of property values being affected in the 85th and Greenwich Road area. There will be growth in the former Kingsbury site area as soon as sewer service can be provided. The County's own plan calls for no growth at the 85th and Greenwich Road site and sees no growth in the future. Council Member Ferris said he originally supported going forward with hearings on the former Kingsbury site if the County would participate and if the County would designate landfilling as the option so the Council could look clearly at the situation. But, when it was found out the County was not having hearings, and when all the volumes of information were reviewed, there was not a question. No one of any mind who is trying to look at the facts could look at the former Kingsbury site and look at the 85th and Greenwich Road site and conclude that a landfill should be built at the former Kingsbury site. Council Member Kamen Council Member Kamen said the County Appraiser did say that the threat of having a City landfill at the 85th and Ridge Road site would reduce the appraised value by 20 percent within one mile and would reduce property by a lesser amount within three miles. If that same landfill were put in a developing area such as the former Kingsbury site, the same appraisal reduction would apply. This information would be a good argument before the State Board of Tax Appeals. Black and Veatch did say in one of their publications that transfer stations could emanate an odor and dust that would not please neighbors. Motion -- Ferris moved that the City Council reaffirm its commitment to a landfill at the 85th and Greenwich Road site; that the County Commission be asked to reconsider their position based on the facts and eliminating the emotion from this issue, and to make not the politically easy decision but the engineering, the environmental, the economic solution that has the least impact to the fewest number of people; that the former Kingsbury land adjacent to Brooks Landfill is not suitable, in the minds of the Council, for development of a landfill; that the City Council stands ready to work with the County Commission; and City Staff is available to the County Staff to answer questions that may arise out of the -- carried discussion today. Motion carried 7 to 0. Mayor Knight Mayor Knight asked that the City Manager make an appropriate response today to Chairman Winter's letter to Mayor Knight. TRANSIT OPERATION ORDINANCE TO CREATE WICHITA TRANSIT OPERATION. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-766. On April 1, 1997, the City Council approved Charter Ordinance No. 166 repealing the Charter Ordinances which established the Wichita Metropolitan Transit Authority to operate the City's transit services. Charter Ordinance 166 became effective on June 11, 1997. It is necessary to change the City Code to recognize the transit operation as a line function under the direct control of the City government. At the same time, the City Council adopted Ordinance No. 43-464 which created the Wichita Metropolitan Transit Authority Advisory Board to advise the City Council on transit matters. This ordinance also went into effect on June 11, 1997, and the new board has been organized as prescribed by the ordinance. The proposed ordinance amends Ordinance No. 43-464 to change the name of the new advisory board to the Wichita Transit Advisory Board. This is to clarify the distinctive nature of the new board as compared to the previous transit board. In addition, the ordinance amends Section 2.08.120 of the City Code to create the Wichita Transit service as a line operation directed by a general manager appointed by the City Manager. The ordinance also adds the position of Director of Metropolitan Area Planning which is provided for in Section 2.08.200 but had been omitted by error in a previous codification of Section 2.08.120, and amends Section 2.08.120 and Section 2.08.217 to recognize the designation of a City Clerk. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Knight moved to place the Ordinance on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance amending City of Wichita Ordinance No. 43- 464 creating Sections 2.12.1150, 2.12.1153, and 2.12.1156 of the Code of the City of Wichita, Kansas, establishing the Wichita Metropolitan Transit Advisory Board and providing for its bylaws, officers, meetings, and duties, and amending Sections 2.08.120 and 2.08.217 of the Code of the City of Wichita, Kansas, pertaining to the creation and establishment of departments of the City, and the Department of Finance/City Clerk, and repealing the originals of said Ordinance and Sections, introduced and under the rules laid over. CITY COUNCIL AGENDA APPOINTMENT APPOINTMENT TO WICHITA PUBLIC BUILDING COMMISSION. The Board of County Commissioners has nominated Mary Kay Peltzer for reappointment as the County's representative on the board for a term expiring June 30, 1999. Motion -- Knight appointed Kay Peltzer and moved that the appointment be approved. Motion -- carried carried 7 to 0. BOARD APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999). Art Museum Board (6 appointments - Knight, Cole, Ferris, Gale, Rogers, Kamen) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect) Board of Appeals of Plumbers and Gas Fitters (1 appointment - Public at large) Board of Code Standards and Appeals (2 appointments - City Manager - 1 Citizen at large, 1 Architect) Board of Electrical Appeals (1 appointment - Public at large) Board of Park Commissioners (1 appointment - Ferris) Civil Rights and Services Board (1 appointment - Lambke) Commission on the Status of People with Disabilities (1 appointment - Gale) Group Life Insurance Board (2 appointments) Historic Preservation Board (1 appointment - Kamen) Library Board (2 appointments - Lambke) Police and Fire Retirement Board of Trustees (1 appointment - Lambke) Wichita Athletic Commission (3 appointments) Wichita Employees' Retirement Board (3 appointments - Ferris, Lambke, Knight) Wichita-Sedgwick County Board of Health (1 appointment - Veterinarian) Motion -- Ferris appointed Robert Martz (Park), and Marvin Fisher (Employee Retirement) and -- carried moved that the appointments be approved. Motion carried 7 to 0. Motion -- Kamen appointed M. Meredith Hill (Historic Preservation) and moved that the -- carried appointment be approved. Motion carried 7 to 0. Motion -- carried Ferris moved that an Item be taken up off the Agenda. Motion carried 7 to 0. Motion -- Ferris reappointed Kim Scanlon (Women) and moved that the reappointment be -- carried approved. Motion carried 7 to 0. TRAVEL APPROVAL APPROVAL OF MAYOR KNIGHT'S AND COUNCIL MEMBER FERRIS' TRAVEL, SEPTEMBER 25-27, 1997, TO KANSAS CITY, MISSOURI, FOR SECOND SUMMIT OF MAYORS TO PROMOTE THE INTERNATIONAL TRADE CORRIDOR PARTNERSHIP. Motion -- carried Rogers moved that the travel expenses be authorized. Motion carried 7 to 0. APPROVAL OF COUNCIL MEMBERS' TRAVEL TO TOPEKA, OCTOBER 11-14, 1997, TO ATTEND LEAGUE OF KANSAS MUNICIPALITIES ANNUAL CONFERENCE. Motion -- Knight moved that the travel expenses be authorized; Mayor Knight be designated voting delegate and the City Manager be designated alternate; and that the -- carried October 14, 1997, City Council meeting be canceled. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 17, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORTS OF THE BOARD OF BIDS AND CONTRACTS DATED SEPTEMBER 2, 1997, AND SEPTEMBER (Item No. 17) 8, 1997. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. At 10:00 a.m., Friday, August 29, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes September 2, 1997. PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS LATERAL 267, MAIN 5, SS #22 (Eck 4th Addition) (468- 82665/743237) WB Carter Construction - $41,246.00 IMPROVING LARK LANE COURTS (Lark 5th Addition) (472- 82849/764407) Cornejo and Sons - $132,624.50 12" WATER LINE ALONG 47TH ST. SO. FROM HYDRAULIC TO K-15 (448-88858/633610) Ditch Diggers - $240,655.00 Ferris moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. DEPARTMENT OF PARK & RECREATION/GOLF COURSE MAINTENANCE:GRASS SEED (170258, 170274, 170266, 170282) Item 1 - Pennington Seed Inc.- $ 3,614.00 (Total Net Bid) Item 2 - Royal Seeds - $ 4,500.00 (Total Net Bid) Item 3 - Greenkeeper Co., Inc. - $41,820.00 (Total Net Bid) DEPARTMENT OF PUBLIC WORKS/FLEET AND BUILDINGS:EXTERIOR CAULKING, SEALING & MISCELLANEOUS REPAIRS TO THE MAIN LIBRARY (791590-2505) Mid-Continental Restoration Co.Inc.-$67,408.00** (Total net Base Bid) 3,812.00**(Option #1 Lump Sum) 12,900.00**(Option #2 Lump Sum) **Redirect Award, Low Bid Withdrawn Ferris moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. At 10:00 a.m., Friday, September 5, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes September 8, 1997) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1997 SEWER RESPONSE PLAN RAISE BURIED MANHOLES, SET 2 (468-82761/621805) Whitetail Services - $49,005.00 1997 SEWER RESPONSE PLAN RAISE BURIED MANHOLES, SET 3 (468-82762/621813) Whitetail Services - $49,750.00 WEST STREET PAVING, FIRE HYDRANT RELOCATIONS ALONG WEST STREET, AND 6: WATER LINE ALONG ELM STREET (472-82782/448-88714/706564/635342) Ritchie Paving - $1,173,197.50 Add Alternate 1- $ 27,444.00 Add Alternate 2- $ 38,000.00 WATER DISTRIBUTION SYSTEM (Wilson Farms Addition) (448- 89157/733956) Whitetail Services - $71,616.00 And WATER DISTRIBUTION SYSTEM (Wilson Farms Addition) (448- 89159/733998) Whitetail Services - $58,891.00 And WATER DISTRIBUTION SYSTEM (Wilson Farms Addition) (448- 891961/734020) Whitetail Services - $42,109.00 WATER DISTRIBUTION SYSTEM (Rocky Creek Addition) (448- 89120/733907) WBW Contractors - $20,432.00 IMPROVING BRIDGEFIELD (Bridgefield Addition) (472- 82824/764340) Ritchie Paving - $595,621.55 Ferris moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. MUNICIPAL COURT:DESIGNING, TYPESETTING, AND PRINTING TABLOID INSERTS (791640) Valley Offset Printing - $19,202.40 PARK DEPARTMENT/CENTURY II: REFRIGERATION EQUIPMENT (791699) Item 1 Lump Sum Total-Cold Control Commercial Refrigeration - $23,887.00 Item 2 Lump Sum Total-Cold Control Commercial Refrigeration - 6,922.00 Item 3 Lump Sum Total-(Alternate Item 3b)- Contr Comm Refr 11,896.00 DEPARTMENT OF WATER AND SEWER/PRODUCTION AND PUMPING:SURFACE PREPARATION AND COATING TO A WATER TANK(181784/2505) Larry Booze Roofing, Inc. - $209,152.50(Total Net Bid) DEPARTMENT OF WATER AND SEWER/SEWAGE TREATMENT: CHEMICAL INJECTION SYSTEMS FOR ODOR CONTROL, SEALED BID 91-17-21: Utility Contractors Inc. - $680,000.00 (Base Bid) DEPARTMENT OF PUBLIC WORKS/FLEET AND BUILDINGS:UTILITY BOX AND SCISSOR AERIAL PLATFORM MOUNTED ON A 11,000 GVWR CAB & CHASSIS (130807) Don Hatan Chevrolet, Inc. - $55,500.00 (Total net Base Bid) 3,500.00 (Option 1 total Lump Sum) Ferris moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption on Premises) Tinh Truong Pho Hoa Restaurant*1015 North Broadway Sabrina Parker Merle's Inc.* 440 North Seneca Michael L. Consolver MacDonald Golf Course840 North Yale Angelica Concha Angela's Cafe* 1801 South Broadway Ashok Aurora Passage to India*503 North West Street (Consumption off Premises) American Drug Stores, Inc. Osco Drug Store #21112323 North Amidon Mark A. Boswell Midway Oil 3448 West Douglas Gene Clasen Checkers East 1625 South Rock Road New Establishment 1997 (Consumption on Premises) Kerry B. Shively Chug-A-Lug 5111 West 13th Street *General Retailer -- 50% or more of gross receipts derived from sale of food. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. Rehabilitating Sanitary Sewers between Maple and McLean from Seneca to Meridian (Douglas and Seneca). (468-82765/621839/533-294) Does not affect existing traffic. (Council approval date 7-1-97) (District VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., September 19, 1997. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. Storm Water Sewer 485 to serve Willowbend North Addition (west of Rock, south of 45th Street North). (468-82713/751008/485136) Does not affect existing traffic. (Council approval date 6-10-97) (District II) Storm Water Sewer 488 to serve Wilson Farms Addition (south of 21st, east of Rock). (468-82741/751032/485139) Does not affect existing traffic. (Council approval date 7-1-97) (District II) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., September 19, 1997. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve Alcorn Industrial Addition (east of West Street, south of Harry). (448-89119/733642/470-442) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 2-11-97) (District IV) - $40,000.00. b. Water Distribution System to serve Maple Dunes Addition (north of Maple, east of 135th West). (448-89148/733931/470-471) Does not affect existing traffic. (Council approval date 7-1-97) (District V) - $85,000.00. c. Water Distribution System to serve Wilson Farms Addition (south of 21st, east of Rock). (448-89158/734004/470-478) Does not affect existing traffic. (Council approval date 7-1-97) (District II) - $153,000.00. d. Water Distribution System to serve Oak Ridge Second Addition (north of 29th Street North, east of Tyler). (448-89152/734038/470-481) Does not affect existing traffic. (Council approval date 7-15-97) (District V) - $90,000.00. e. Main 25, War Industries Sewer to serve the Boeing Company (from Turnpike Drive west to K-15 and along K-15 north of I-135). (468- 82318/741512/480-243) Traffic to be maintained through construction. (Council approval date 3-25-97) (District III) - $1,365,000.00. f. Lateral 133, Main 4, Sanitary Sewer No. 23 to serve an unplatted area (south of 36th Street North, east of Arkansas). (468- 82621/742817/480-373) Does not affect existing traffic. (Council approval date 7- 16-96) (District IV) - $36,000.00. g. Lateral 73, Main 22, War Industries Sewer to serve Bradley Fair Third Addition (south of 21st, east of Rock). (468-82744/743187/480- 410) Does not affect existing traffic. (Council approval date 7-1-97) (District II) - $53,000.00. h. Lateral 31, Main 1, Westlink Sewer to serve Westfield Acres Addition (north of Maple, west of Tyler). (468-82753/743229/480- 413) Does not affect existing traffic. (Council approval date 8-5-97) (District V) - $13,000.00. i. Lateral 267, Main 5, Sanitary Sewer #22 to serve Eck 4th Addition (south of 13th, west of West Street). (468-82665/743237/480-414) Does not affect existing traffic. (Council approval 8-5-97) (District V) - $75,000.00. j. Storm Water Drain No. 125 to serve Stonebriar Addition west of Meridian, south of 47th Street South. (468-82637/750885/485-124) Does not affect existing traffic. (Council approval date 9-17-96) (District IV) - $180,000.00. k. Lark Lane Courts to serve Lark Fifth Addition (west of Lark, south of Kellogg). (472-82849/764407/490-543) Does not affect existing traffic. (Council approval 7-8-97) (District V) - $184,000.00. l. Sanitary Sewer Rehabilitation, College Hill Phase IV (south of Douglas, east of Hillside). (468-82757/621557/533-266) Does not affect existing traffic. (Council approval date 1-7-97) (District II) - $137,262.01. m. 12" Water Line from Hydraulic to K-15. (448- 88858/633610/544-522) Traffic to be maintained during construction using flagpersons and barricades. (Council approval 7-22-97) (Districts III & IV) - $607,870.00. Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. EASEMENTS AND DEEDS EASEMENTS AND DEDICATIONS. a. Two (2) sidewalk easements dated June 12 and June 16, 1997, from Paul D. Jackson and Peter V. Adrian for tracts in Bradley Fair Third (Bradley Fair Decel lane, Index 764399) (no cost to City). b. Two (2) Drainage easements dated January 22, 1997, from Jay W. Russell for tracts in Aberdeen Second (Aberdeen Second, Index 764316) (no cost to City) c. Easement dated July 1, 1997, from Eugene J. Gerber for a tract in St. Elizabeth Ann Seton Addition. (Private Project, Index 607861) (no cost to City) has been filed and recorded. d. Sanitary Sewer Easement dated May 20, 1997, from Galen R. Myers for a tract in Jackson-Walker Addition. (Private Project, Index 607861) (no cost to City) has been filed and recorded. e. Sanitary Sewer Easement dated May 20, 1997, from Fran Jabara for a tract in the NE 1/4, SEC 29, TWP 27S, R1E (Private Project, Index 607861) (no cost to City) has been filed and recorded. Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. BOARD MINUTES MINUTES OF ADVISORY BOARDS. Board of Code Standards, 8/4/97 Civil Rights & Services Board, 8/18/97 Commission on the Status of Women, 8/6/97 CPO Coordinating Board, 8/6/97 CPO Northeast Council 1, 8/25/97 CPO East Council 2, 8/25/97 CPO Northwest Council 5, 8/27/97 CPO North Central Council 6, 8/27/97 Metropolitan Area Planning Commission, 7/17/97 Metropolitan Transit Authority, 7/24/97 Wichita Airport Authority, 8/4/97 Wichita Public Library, 8/19/97 Wichita/Sedgwick County Alcohol & Drug Abuse Advisory Board, 8/14/97 Wichita/Sedgwick County Board of Health, 8/14/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. PAVING PETITION PETITION TO PAVE BELLA VISTA, FROM MAIZE TO VALLEYVIEW. (District V) Agenda Report No. 97-767. A Petition to pave Bella Vista, from Maize to Valleyview, was originally approved by the City Council on May 21, 1996, with the platting of Graf-Goldston 2nd Addition. A new Petition has been submitted to delete a lot that was incorrectly included in the improvement district. The project budget is unaffected. Motion -- Knight moved that the Petition(s) be approved and the Resolution(s) be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-318 Resolution of findings of advisability and Resolution authorizing paving of Bella Vista, from the east line of Maize to the west line of Valleyview (Project Number 472-82652) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. SEWER PETITION PETITION FOR SANITARY SEWER TO SERVE LOT 2, BLOCK 1, ALCORN INDUSTRIAL ADDITION (EAST OF WEST STREET, NORTH OF PAWNEE). (District IV) Agenda Report No. 97-768, The signature on the Petition represents 100% of the improvement district. The Sanitary Sewer will serve a welding supply business. The estimated project cost is $25,000. Funding source is Special Assessments. Motion -- Knight moved that the Petition(s) be approved and the Resolution(s) be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-319 Resolution of findings of advisability and Resolution authorizing construction of Lateral 15, Main 14, Sanitary Sewer Number 22 (east of West Street, north of Pawnee) (Project Number 468-82763) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. STORM SEWER PETITION PETITION TO CONSTRUCT A STORM WATER SEWER TO SERVE BRENTWOOD VILLAGE ADDITION (SOUTH OF HARRY, EAST OF WEBB). District II) Agenda Report No. 97-769. A Petition for drainage improvements was originally approved by the City Council on February 25, 1997, with the platting of Brentwood Village Addition. A new Petition has been submitted to delete a lot that was incorrectly included in the improvement district. Motion -- Knight moved that the Petition(s) be approved and the Resolution(s) be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-320 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer Number 480 (south of Harry, east of Webb) (Project Number 468-82667) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures considered. AGREEMENT-U.S.G.S. COOPERATIVE AGREEMENT WITH U.S.G.S. TO MEASURE GROUNDWATER LEVELS IN THE EQUUS BEDS WELLFIELD AND STREAMFLOWS IN THE LITTLE ARKANSAS RIVER. (All Districts) Agenda Report No. 97-770. This Agreement between the City of Wichita and the United States Department of Interior, Geological Survey (U.S.G.S.) is a cooperative agreement for measuring the groundwater levels in the City of Wichita's Wellfield and for operating and maintaining three Streamflows gauges on the Little Arkansas River. The City will also measure water levels in about 268 wells in the Wellfield on a monthly or quarterly basis. The U.S.G.S. will store the information and publish maps of the groundwater levels. The Streamflows gauges were installed in 1994 as part of the Water Supply Plan. The costs of these projects are split 50%-50% between the City and the U.S.G.S. Accurate groundwater information is the most important data for the management of our groundwater resources and is needed for any research of groundwater related problems. This water level project is a continuing program of collection, analysis and storage of data required to analyze the groundwater resources of the Equus Beds (location of Wichita's water supply wells). The Water Supply Plan includes efforts to recharge the Equus Beds using water from the Little Arkansas River so monitoring the groundwater levels in the Wellfield has become even more important. This water level measurement project has been in operation continuously for many decades as a cooperative program between the Wichita Water and Sewer Department and the U.S.G.S. The project is designed to: 1. Measure the water levels in the network of wells in the Wellfield. 2. Store the data into a computer file. 3. Provide the City of Wichita with quarterly water level change maps. 4. Publish the data. 5. Maintain a local, permanent computer file of this data. The gauges on the Little Arkansas River provide extremely important information about the flow in the river. With that information, the City will be able to determine if water from the river is available to recharge the Wellfield. The City's share of the cost of this program is $21,300, which is 50% of the total cost of the program. The other 50% is funded through the U.S.G.S. The City's share of the costs have been budgeted in the Production and Pumping Division's budget. This will cover the contract period from October 1, 1997 to September 30, 1998. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. EQUUS BEDS USGS AGMT. JOINT FUNDING AGREEMENT WITH U.S.G.S. TO PERFORM WATER SAMPLING AND ANALYSIS FOR THE EQUUS BEDS RECHARGE DEMONSTRATION PROJECT. (All Districts) Agenda Report No. 97-771. On February 7, 1995, the City Council approved Phase I- Project I of the Equus Beds Recharge Demonstration Project. At that time, the City Council also approved a Joint Funding Agreement between the City of Wichita and the United States Department of Interior, Geological Survey (U.S.G.S.) to allow the U.S.G.S. to assist the City in collecting and analyzing the numerous water samples needed to monitor the success and affects of the project. That Agreement covered only the first Federal "fiscal" year of the project, and it expired on October 1, 1995. On September 12, 1995, the City Council approved a Joint Funding Agreement to cover fiscal year 1996, and on October 29, 1996, the City Council approved a Joint Funding Agreement to cover fiscal year 1997. The purpose of the Equus Beds Recharge Demonstration Project is to determine if excess flows in the Little Arkansas River can be used to recharge the Equus Beds Wellfield. This concept is the key element in the City's Water Supply Plan. Unfortunately, the methods and approaches that will be needed to recharge the Wellfield have not been attempted in the past. Therefore, the Demonstration Project is needed in order to verify that the concepts developed in the Water Supply Plan will work, and to assure that the recharge activities will have no adverse environmental impacts. Measuring the water quality of the water in the Little Arkansas River, the bank storage water, and the effects of using that water to recharge the Equus Beds Wellfield are a major component of the Demonstration Project. The locations, frequencies, and parameters measured for the water sampling program have been developed in cooperation with the Kansas Department of Health and Environment, the Environmental Protection Agency (ESP..), and the Bureau of Reclamation. The analysis done by the U.S.G.S. is on the organic and other constituents that the Water and Sewer Department's Laboratory is unable to perform. The City's first Assistance Agreement was for a sampling and analysis program with a total cost of $609,771, of which the U.S.G.S. funded $250,000, and the City funded $359,771. The Agreement for fiscal year 1996 was for a total sampling and analysis program of $513,620, with the U.S.G.S. funding a total of $200,000, and the City funding $313,620, and the Agreement for fiscal year 1997 was for a total sampling and analysis program of $604,862, with the U.S.G.S. funding a total of $200,000, and the City funding $404,862. The costs in this Agreement are slightly higher than those estimated last year, but also include some additional technical support from the U.S.G.S. to help analyze the data after it is collected. The total cost of the work performed under this Agreement will be $1,575,746, with the U.S.G.S. funding $550,000 of the work, and the City funding $1,025,746. This effort is part of the overall Demonstration Project, which will continue until 1999. Shown below are the costs for the effort over the remaining life of the project: FY98 FYI Total Cost $653,178 $697,568$225,000 U.S.G.S. funds $222,500 $215,000$112,500 City of Wichita Funds $430,678 $482,568$112,500 Funding for this project is included in the CIP as Project W-403. The Demonstration Project has a total authorization of $1,860,000 in years 1998 and 1990. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. DESIGN SERVICE AGMTS. AGREEMENT FOR DESIGN SERVICES FOR ECK FOURTH ADDITION. (District V) Agenda Report No. 97-772. The proposed Agreement between the City and Baughman Co., P.A. provides for the design of Lateral 267, Main 5, Sanitary Sewer No. 22; Water Distribution System No. 448 89107; and paving Doris Street, Memory Lane, Curtis Street and 11th Street (west of West Street, south of 13th Street North). Because Baughman Co. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Administrative Regulation 7a allows for the selection of Baughman Co. under these conditions. Payment will be on a lump sum basis not to exceed $25,400 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. AGREEMENT FOR DESIGN SERVICES FOR WATER MAINS IN 29TH STREET NORTH AND HOOVER. (District V) Agenda Report No. 97-774. On January 14, 1997, the City Council approved a program to provide for the extension of the water distribution system wherever future growth and development is occurring (Unidentifed Water Mains, CIP #W-65). On August 13, 1997, the Staff Screening & Selection Committee selected Municipal Engineers, P.A. to design a 16" water line in 29th Street North from Ridge to Hoover, and a 24" water line in Hoover from the south line of Barefoot Bay 2nd Addition to 29th Street North. An Agreement has been prepared. The water lines will provide water for future development in addition to fire and water services for Barefoot Bay 2nd Addition. Payment to Municipal Engineers, P.A. will be made on a lump sum basis not to exceed $12,250. The funding source is Water Utility. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. AGREEMENT FOR DESIGN SERVICES FOR WATER MAIN EXTENSION IN MAPLE AND 151ST STREET WEST. (District V) Agenda Report No. 97-774 (#2). On January 14, 1997, the City Council approved the extension of the water distribution system wherever future growth and development is occurring (CIP #W-65). The Water Department requested design of a 24" water main extension in Maple from 135th Street West to 151st Street West and a 20" water main in 151st Street from Maple to 1/2 mile south of Maple. Because Baughman Co. is providing subdivision engineering services to a newly platted area south of Maple and west of 151st Street West, it can expedite construction plan preparation. Administrative Regulation 7a allows for the selection of Baughman Co. under these conditions. A contract with Baughman Co. has been prepared. Payment will be on a lump sum basis not to exceed $23,600 and will be paid by Water Utility funds. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SERVICE AGREEMENTS SUPPLEMENTAL PROFESSIONAL SERVICES (NATURAL GAS MATTERS) - R.W. BECK -- NATURAL GAS. Agenda Report No. 97-775. The City entered into (an under $10,000) professional services contract with R.W. Beck on April 16, 1997, to provide information and analysis on the natural gas industry. The scope of the work has expanded as the City enters into negotiations with natural gas franchisees. This proposed supplemental professional services contract allows for the continued use on an as-needed basis of the engineering firm of R.W. Beck, Inc., to provide natural gas advice and technical expertise on natural gas matters. The Supplemental Agreement authorizes the expenditure of an accumulative sum of not-to-exceed $20,000 for the services, included that authorized by the original contract. These expenditures will come from the Contingency account in the General Fund. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. STINSON, MAG & FIZZELL SUPPLEMENTAL AGREEMENT FOR PROFESSIONAL SERVICES (GILBERT AND MOSLEY PROJECT) - STINSON, MAG & FIZZELL. Agenda Report No. 97-776. The City entered into a professional services agreement on November 20, 1990, and supplemental agreements on June 4, 1991, April 7, 1992, October 13, 1992, May 3, 1994, and February 11, 1997 with Stinson, Mag & Fizzell to provide legal advice on environmental matters relating to the investigation and clean-up of groundwater contamination in the Gilbert & Mosley Site. That firm, and particularly David R. Tripp, assisted staff and Council on a number of elements on the project and continues to provide advice as needed as the project is being implemented. The contractual limit under the existing contracts has been passed and new authority is needed. This sixth supplemental agreement provides additional authority to continue to use the services of Stinson, Mag & Fizzell on an as- needed basis for particular legal and environmental issues. The terms of this supplemental agreement are identical to the prior agreements except for increasing the not-to-exceed compensation. This supplemental agreement provides authority for an additional $50,000 in legal services. This sum is included in the Gilbert & Mosley TIF budget. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized -- carried to execute. Motion carried 7 to 0. BAUGHMAN COMPANY SUPPLEMENTAL AGREEMENT OF THE DESIGN OF A WATER LINE IN RIDGE ROAD - BAUGHMAN COMPANY. (District IV) Agenda Report No. 97-777. On July 30, 1996, the City Council approved an agreement with Baughman Company, P.A. to design paving and water improvements for Ridge Road, from Garden Ridge to 29th Street North, for a fee of $66,000 and $17,500 respectively. After the water line design was almost complete, the Water Department asked Baughman Company, P.A. to revise the water line plans to relocate the water line to allow saving a number of trees along the east right- of-way line. Payment to Baughman Company, P.A. will be made on a lump sum basis of $5,810 and will be paid from Water Utility Funds which are available in the project budget. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized -- carried to execute. Motion carried 7 to 0. ENGINEERING CONSULTANTS SUPPLEMENTAL AGREEMENT FOR DESIGN SERVICES FOR REPLACEMENT OF WATER MAINS - PROFESSIONAL ENGINEERING CONSULTANTS. (Districts I, II, III and VI) Agenda Report No. 97-778. On January 14, 1997, the City Council approved a program to provide replacement water mains for the old leaking mains in the water distribution system. On February 20, 1997, the Staff Screening & Selection Committee selected Professional Engineering Consultants, P.A. (PEC) to design 121,450 feet of water main in Sleepy Hollow, Linwood, Midtown, South Wichita, Schweiter, Evergreen and Northeast Wichita for a fee of $156,920. The City Council approved an agreement with PEC on April 1, 1997. Since the agreement was signed, staff has identified an additional 4,150 feet of water lines in the project areas that are in need of replacement. PEC has agreed to add the additional water main replacements to its list. The water mains have been used beyond their design life, are galvanized, and are vulnerable to leaking. Replacement of the 2" mains with 8" and 6" mains provides improved water and fire service to citizens. The Supplemental Agreement increases payment to PEC by $5,813 to $162,733. Water Utility funds are available to fund this increase in the Capital Improvement Program for main replacement (CIP No. W-67). Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized -- carried to execute. Motion carried 7 to 0. CONSTRUCT. ENGINEERING SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION ENGINEERING FOR RAISING SANITARY SEWER MANHOLES - GEORGE BUTLER ASSOCIATES. (Districts IV and V) Agenda Report No. 97-779. On February 15, 1994, the City Council approved an Agreement with George Butler Associates, Inc. (GBA) to study, make recommendations and prepare specifications for proposed maintenance work and improvements to the sanitary sewer system. The Design Agreement with GBA required GBA to provide construction engineering services if requested by the City. Based on recommendations and specifications from GBA, the City took bids September 5, 1997 for raising 81 manhole lids in the area generally bounded by Maple, Central, Tyler and Hoover. Currently, the manholes are buried and difficult to locate and enter. By raising the manholes, City crews can address maintenance problems more readily by providing greater accessibility. The City's construction and inspection crews' current work load does not allow sufficient staff time to administer this project. Staff recommended approval of the Supplemental Agreement with GBA to provide construction engineering for the project. Payment to GBA for the number of days allowed in the construction contract will not exceed $10,000. Payment to GBA for each additional day inspection services are required ($500 per day) will be made on a per diem basis not to exceed $5,000. The funding source is Sewer Utility, CIP Project S-4, with a budget authority for this project of $70,000. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized -- carried to execute. Motion carried 7 to 0. CENTER OF HOPE EMERGENCY SHELTER GRANT CONTRACT AMENDMENT (THE CENTER OF HOPE). Agenda Report No. 97-780. On July 30, 1996, the City Council approved a contract with the Center of Hope to provide funding for a homeless prevention, client rent assistance project. The project and its funding level are in accordance with the City's approved 1996/97 Consolidated Community Development Plan and the Emergency Shelter Grant (ESG) funds for this contract are provided by the U.S. Department of Housing and Urban Development (HUD). In order to complete the original objectives of the contract, the agency has requested a contract extension. The contract amendment before the Council extends the ESG contract with the Center of Hope through March 31, 1998. No other contract provisions are changed. This contract extension is allowable under ESG funding guidelines. The maximum amount for the Center of Hope contract remains at $20,600. These HUD funds are available under the Stewart B. McKinney Homeless Assistance Act and the contract obligates no general fund moneys. Motion -- Knight moved that the Contract Amendment be approved and the Mayor be authorized -- carried to execute. Motion carried 7 to 0. UNITED METHODIST URBAN KANSAS EMERGENCY SHELTER GRANT PROGRAM CONTRACT AMENDMENT (UNITED METHODIST URBAN MINISTRY MINISTRY). Agenda Report No. 97-781. On November 19, 1996, the City Council approved a contract with the United Methodist Urban Ministry (UMUM) to provide Kansas Emergency Shelter Grant Program (KESGP) essential services funding for a project to expand services under UMUM's Second Mile Transportation Program. The project and its funding level are in accordance with the City's approved 1996 KESGP Grant. Through this grant U.S. Department of Housing and Urban Development (HUD) funds are provided by the Kansas Department of Commerce and Housing (KDOC&H). In order to complete the original objectives of the contract, the agency has requested a contract extension. The contract amendment before the Council extends the KESGP contract with UMUM through October 16, 1997. No other contract provisions are changed. This contract extension is allowable under KDOC&H grant guidelines. The maximum amount for the UMUM contract remains at $11,000. These KESGP funds are available under the Stewart B. McKinney Homeless Assistance Act and the contract obligates no general fund moneys. Motion -- Knight moved that the Contract Amendment be approved and the Mayor be authorized -- carried to execute. Motion carried 7 to 0. OUTSIDE LEGAL SERVICES CONTRACT AMENDMENT FOR OUTSIDE LEGAL SERVICES -- SOUTH SENECA LAWSUITS (CASE NUMBER 96 C 902). (District IV) Agenda Report No. 97-782. In July 1996, the City contracted with the law firm of Morris, Laing, Evans, Brock & Kennedy to defend the City's interest in a lawsuit that was filed by property owners seeking damages resulting from flooding in 1993 and 1995 in the area of South Seneca and 55th Street South. In connection with that representation, the services of Terracon Environmental was retained by the law firm to evaluate claims made by the plaintiffs and experts retained by the plaintiffs. The first of the cases is set for trial in October. The outcome of the first case is likely to determine how the remaining 100 plus cases will be resolved. The case will involve significant trial preparation, including a significant amount of additional work by the expert engineering witness - Terracon. It is estimated that the contract with outside legal counsel will need to be amended to increase the maximum amount that will be paid thereunder for legal fees, trial costs, and payment of expert witness fees and expenses by an additional $90,000. The total amount claimed in the 100 plus lawsuits is well over $6 million. The fees will be paid from the stormwater utility fund. Motion -- Knight moved that the Contract Amendment be approved and the Mayor be authorized -- carried to execute. Motion carried 7 to 0. BUDGET ADJUSTMENT BUDGET ADJUSTMENT TO PAINT WSU WATER TANK. (District I) Agenda Report No. 97-783. The water tank located near Wichita State University needs to be repainted in order to extend its life. Requests for Proposals were solicited and one bid received in the amount of $209,152.50. The estimated cost to paint the water tank is $185,000. The reasons that the bid price is higher than the estimated budget price are higher costs for insurance, bonding and materials than estimated two years ago and the cost to add the WSU logo. Funds are available from the chemical accounts because of lower than estimated water usage which decreases the amounts of chemicals needed. Motion -- carried Knight moved that the Budget Adjustment be approved. Motion carried 7 to 0. WILLOWBEND ADDITION CHANGE ORDER - 1997 CONTRACT MAINTENANCE SURFACE MILLING AND ASPHALT OVERLAY OF ARTERIAL STREETS, PHASE I TO SERVE WILLOWBEND ADDITION. (District II) Agenda Report No. 97-784. The mill and overlay of Champions, Mulberry, and Ironwood streets within Willowbend Addition was budgeted in Phase II of the Mill and Overlay 1997 Street Maintenance Program. Due to the Nike Open Golf Tournament, the completion of the mill and overlay of these streets in the Willowbend subdivision needed to be completed prior to Phase II. Therefore, Phase I of the Mill and Overlay program was expanded to include these streets. The Change Order of $48,255.58 will increase the original contract amount for Phase I from $199,560.00 to $247,815.58. The Mill and Overlay Phase II project will be reduced to reflect the completion of the streets at Willowbend. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. BROOKS LANDFILL CHANGE ORDER - BROOKS LANDFILL REMEDIATION. Agenda Report No. 97-785 On August 30, 1996, the Kansas Dept. of Health and the Environment (KDHE) issued a permit to the City of Wichita to operate Brooks Landfill until October 9, 2001. One of the conditions of the permit is to initiate the downgradient containment and treatment of groundwater contamination, which is to be operational by September 30, 1997. A project to treat the groundwater was approved by the City Council on October 1, 1996. On May 20, 1997, the City Council approved a contract with Remediation Contractors, Inc. to provide the stripper equipment for treating the groundwater, in the amount of $160,689. Additional contracts will be let to construct the support and housing structures for the stripper equipment and to construct the recovery and discharge systems. However, due to the time required to choose a discharge option for the treated groundwater, there is not sufficient time to design, bid, and construct the permanent system prior to the September 30 deadline. Staff has met with KDHE and negotiated the consent agreement which includes extending the final date for completion of this phase to March 1, 1998; provided an interim system is in place by the original stated deadline of September 30, 1997. Due to the emergency nature of this project, in order to accomplish the interim installation by September 30 a change order has been negotiated with Remediation Contractors, Inc. to temporarily set up the stripper equipment, and connect the electrical, intake and discharge lines. The change order is on an actual cost basis, with a cost not to exceed $21,536. The consent agreement between the City of Wichita and KDHE contains the following key elements: 1) The final date for completion of Phase I (Downgradient Containment System) has been extended to March 1, 1998. An interim system must be operational by September 30, 1997, and operate until the permanent system is complete. 2) KDHE personnel met with City representatives September 2, 1997 and approved the interim concept to discharge the treated water into the Arkansas River as outlined by the City. No performance bond requirement or penalty will be issued if the City implements the interim system as required. 3) The final date for completion of Phase II (Source Remediation - Air Sparging) will be December 31, 1997, as originally scheduled. 4) The City will continue to investigate contamination in the upgradient well of Cell D. The City will install 2 additional monitoring well sets to investigate the magnitude, range, and direction of the contamination. The breakdown of the costs of the change order to install the interim system are shown on the change order. The stripping units will be installed on a temporary rock pad and will be moved to the permanent location at a later date when the permanent structures are complete. Other work for the temporary system will be completed with city forces to provide site access roads, temporary piping, and an outfall structure to complete the interim system. A generator for temporary power for the site is also planned until permanent power can be extended to the site. KG&E is currently working on extending power to the site, which will be paid for separately by the City. A contract for the construction of the permanent system is still under design and will be let for contract later this year. The cost of the groundwater remediation project, including the work in this change order, will be paid from the Landfill Budget. The total estimated cost of the remediation project is $3.5 Million, of which approximately $1 Million is estimated for the downgradient treatment. Funds are included in the 1997 approved budget to perform this work. Motion -- Knight moved that the necessary budget transfers be authorized; and the Change Order and Consent Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. ASSESSMENT ROLLS PROPOSED ASSESSMENT ROLLS. Proposed Assessment Rolls have been prepared for eight (8) paving projects, and it is necessary to set a public hearing date. Informal hearing with City personnel will be held September 18, 1997. Motion -- Knight moved that the hearing on the Proposed Assessment Rolls be set for 11:00 a.m., Tuesday, October 7, 1997, and the notices of hearing be published at least once not less than 10 days prior to the date of the hearing. Motion -- carried carried 7 to 0. PROPERTY DISPOSITION PROPERTY DISPOSITION - 1027 NORTH WABASH. Agenda Report No. 97-786. 1027 N. Wabash is a city owned unit in the Infill Program. The Infill Program was implemented to preserve existing housing stock while improving and stabilizing older neighborhoods. The home at 1027 N. Wabash was moved and rehabilitated as one of the houses from the McLean Boulevard widening and is being sold with assistance from the HOMEownership 80 Program. The HOMEownership 80 Program is designed to allow first- time low to moderate income families purchase homes with city assistance for down payment and closing costs, stove and refrigerator, security system and minor repair. The Program is targeted to families who might otherwise be unable to purchase a home due to down payment requirements and closing costs. The Wabash property is 1,025 square feet, two bedroom, one bathroom home with living room and kitchen. This home was donated to the program by the City of Wichita, Public Works Department. The property is selling for the price of $29,000. The buyer will receive two loans. The first loan is a conventional home mortgage and the second mortgage is a zero interest, deferred payment loan from HOMEownership 80. The buyer will expend approximately $600.00 of their own funds at closing. The property is being appraised by a certified appraiser in connection with the loan application process at Neighborhood Housing Services of America, Inc. Seller's estimated closing costs include $193.50 for title insurance and closing fees and $870.00 for Realtor fees. 1027 N. Wabash is legally described as North 5' of Lot 22 and all of Lots 24 and 26, Deam's Addition, City of Wichita, Sedgwick County, Kansas. Motion -- Knight moved that the sale be approved and the Mayor be authorized to sign the -- carried necessary documents. Motion carried 7 to 0. VIA CHRISTI REINSTATE AND EXTEND LETTER OF INTENT FOR HOSPITAL FACILITIES IMPROVEMENT AND REFUNDING REVENUE BONDS - VIA CHRISTI HEALTH SYSTEM, INC. (Districts II, III, and VI) Agenda Report No. 97-787. On January 7, 1997, Via Christi Health System, Inc., was issued a Letter of Intent for Hospital Facilities Improvement and Refunding Revenue Bonds in an amount not to exceed $327.5 million. The bonds will finance the refunding of all outstanding balances of prior bond issues to CSJ Health System and St. Francis Regional Medical Center and to finance capital projects planned by Via Christi. The Letter of Intent expired on July 7, 1997. Via Christi is requesting that the Letter of Intent be reinstated and extended for a second six months to January 7, 1998. The reason for requesting the extension is that Via Christi could not complete the arrangements for the financing by July 7, 1997 and needs that extra time to complete the arrangement for financing the project. Via Christi Health System was formed in October of 1995 through the consolidation of the St. Francis Ministry Corporation of the Sisters of Sorrowful Mothers and the CSJ Health System of Wichita of the sisters of St. Joseph of Wichita. At this same time, St. Francis Regional Medical Center and St. Joseph Medical Center were consolidated to form Via Christi Regional Medical Center. Via Christi Health System headquarters is located in Wichita at 929 N. St. Francis. Via Christi Health System operates and manages five hospitals on six campuses, a rehabilitation center, five senior care facilities and 18 physician practices in three states. Bond proceeds will be used to (1), refund all the outstanding bonds (currently estimated to be $300,000,000) issued by the City for the benefit of CSJ Health System, Inc. (to include, but not limited to, St. Joseph Medical Center) and St. Francis Regional Medical Center, Inc.; and (2), to provide financing for capital projects costing an estimated $27.5 million which includes acquisition of Via Christi Rehabilitation Center; purchase of major medical equipment; and remodeling and renovation of the St. Francis and St. Joseph Campuses. USE OF BOND PROCEEDS CAPITAL PROJECTS: Acquisition of Via Christi Rehabilitation Center$ 7,500,000 (1151 North Rock Road) Purchase Major Medical Equipment 12,000,000 Remodel and Renovation of St. Francis and St. Joseph Campuses 8,000,000 TOTAL CAPITAL PROJECTS: $ 27,500,000 REFUNDING: Refunding Existing Debt (Currently Outstanding) 300,000,000 TOTAL BOND ISSUE: $327,500,000 Via Christi, over and above the physicians on staff, currently employs over 5,000 people. Via Christi has a current approved EEO/AA Plan on file with the City's Human Resources Department. Via Christi agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. Via Christi is not requesting a tax abatement of ad valorem property taxes on the project because they are exempt from taxes by virtue of their status as an exempt organization under Section 501(c)(3) of the Internal Revenue Code. Motion -- Knight moved that the Letter of Intent be Reinstated and extended to January 7, -- carried 1998, subject to the original conditions. Motion carried 7 to 0. SIDEWALK INSTALLATION SIDEWALK INSTALLATION ON 31ST STREET, MERIDIAN TO WEST STREET. Agenda Report No. 97-788. On April 22, 1997, the City Council approved the 1997 Arterial Sidewalk Program which allows sidewalk installation on arterial streets to serve the greater community. Landowners are not assessed the cost of installation. A sidewalk on the south side of 31st Street (Meridian to West Street) was approved as part of the 1997 Program. The installation for sidewalks on 31st Street was scheduled to begin on August 18, 1997. Due to opposition expressed by some residents, installation was stopped until more public input could be received. A public meeting was conducted and telephone calls were received from the residents in the area. To date, 29 households have expressed support for the sidewalks and 15 households have expressed opposition. The 1997 Arterial Sidewalk Program has been approved for financing with general obligation bonds. Motion -- Knight moved that approval of the project be reaffirmed and installation of -- carried sidewalk at 31st Street be authorized. Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First Reading 8/26/97) a. 1997 Street Rehabilitation Program. ORDINANCE NO. 43-568 An Ordinance declaring 45th Street North, Rock Road to 1/2 mile east of Rock Road; Learjet Way, Mid Continent Drive West, 55th Street South, Broadway to Hydraulic; and Hydraulic, 37th Street North to north city limits (1997 Street Rehabilitation Program) (472-82857) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. Licensing of Emergency Wrecker Services. ORDINANCE NO. 43-569 An Ordinance amending Sections 3.49.040, 3.49.130, and 3.49.140 of the Code of the City of Wichita, Kansas, pertaining to licensing of wrecker services and operating procedures therefor, and repealing the originals of said sections, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ADMIN. TRAFFIC COURT ORDINANCE PERTAINING TO THE ADMINISTRATIVE TRAFFIC COURT. Agenda Report No. 97-789. As originally passed, the ordinance setting up the Administrative Traffic Court called for daily sessions with trials beginning at 10:00 o'clock, a.m., and 3:30 o'clock, p.m. The amendment will change these times to reflect the beginning of each daily docket which will be at 8:30 o'clock, a.m., and 1:30 o'clock, p.m. Hearings will be scheduled as needed by the administrative hearing officer. The guiding concept of the administrative traffic court project is to provide a more citizen-friendly traffic court, where an immediate informal hearing can be conducted, and police officer overtime is reduced. The start of hearings on each docket may vary depending upon the size of the docket, the response of police witnesses, and other factors. Adopting the amendment will not result in any fiscal impact. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance amending Section 1.04.155 of the Code of the City of Wichita, Kansas, pertaining to the Administrative Traffic Court and repealing the original of said Section, introduced and under the rules laid over. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 39, 40, 44, 45, and 47 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 39, 40, 44, 45, and 47 be approved as -- carried consensus Items. Motion carried 7 to 0. A 97-21 A-97-21 - THE CITY OF WICHITA AND USD 261 (CAMPUS HIGH SCHOOL) REQUEST ANNEXATION OF PROPERTY ADJOINING THE CITY, GENERALLY LOCATED NORTH OF 55TH STREET SOUTH AND EAST OF MERIDIAN. (District VI) Motion -- carried Knight moved that this Item be stricken. Motion carried 7 to 0. S/D 97-43 S/D 97-43 - PLAT OF THE VOEGELI ADDITION LOCATED NORTH OF HARRY AND WEST OF KNIGHT STREET. (District IV) Agenda Report No. 97-791. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. This site is located in a developed area of the City and needed facilities are already available. This Addition is a replat of a portion of an existing plat, the Esperanza Addition. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Motion -- Knight moved that the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. S/D 97-53 S/D 97-53 - PLAT OF FLOYD E. HOBBS ADDITION LOCATED EAST OF WEBB AND SOUTH OF K- 96. (District II) Agenda Report No. 97-792. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. This plat, previously Fire Station 18, has existing municipal water service, however, a private agreement will provide for the extension of sanitary sewer service to the site. Due to an existing sidewalk located along Webb Road a street dedication is required in order for the sidewalk to be located in the street right-of-way and not on this property. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Motion -- Knight moved that the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. CU-445 CU-445 - REQUEST FOR CONDITIONAL USE TO ALLOW SAFETY SERVICE, CITY OF WICHITA (Item No. 41) FIRE STATION, LOCATED ON THE SOUTHEAST CORNER OF WEBB ROAD AND K-96. (District II) Marvin Krout Director of Planning reviewed the Item. Council Member Gale left the bench. Agenda Report No. 97-793. Staff Recommendation: Approve, subject to conditions. MAPC Recommendation: Approve, subject to conditions. CPO Recommendation: Approve, subject to Staff recommendations. The applicant, City of Wichita, requests a conditional use to allow for the construction of a fire station on 0.81 acres unplatted land located on the southeast corner of Webb Road and K-96 Highway which is zoned "SF- 6" Single-Family Residential. The applicant has indicated that the proposed fire station at this location is necessary to reduce response times to emergencies in the northeast portion of the City. Response times for first arriving companies to the far northeast portion of the City are high and getting higher. Second and third driving companies have even higher response times. Poor response time, plus increased growth and call volumes in the northeast portion of the City support the need for a station. The proposed station will be 6,200 square-foot, two truck bay facility. The Unified Zoning Code provides for the location of public fire stations in the SF-6 district if reviewed and approved by the Planning Commission in accordance with the procedures and standards established for conditional uses. During the MAPC meeting, no one appeared in opposition to the request, but during the previously held CPO 2 council meeting, one individual did present a petition from his Shannon Woods neighbors, opposing the request. Their opposition to the requested fire station related to the "noise that the fire station would add to an already noisy area". The Planning Commission reviewed the CPO 2 Council minutes during their consideration of the request and took action (11-0) to approve the request, subject to conditions. The protest petition filed with this case amounted to 2.01 per cent of the net area, therefore, no super majority of the Council will be required to take action on this request. Motion -- Kamen moved that the findings of fact of the MAPC be adopted and the conditional use be approved, subject to conditions; and the Ordinance be placed on first -- carried reading. Motion carried 6 to 0. (Gale absent) ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by the Wichita-Sedgwick County Unified Zoning Code, Section V- C, as adopted by City of Wichita Code Sec. 28.04.010, introduced and under the rules laid over. Council Member Gale present. DP-183/Z-3238 DP-183 AMENDMENT #8 - REQUEST FOR AMENDMENT TO THE DAVIS-MOORE COMMUNITY UNIT (Item No. 42) PLAN; AND Z-3238 - REQUEST FOR ZONE CHANGE FROM "TF-3" TWO FAMILY RESIDENTIAL TO "LC" LIMITED COMMERCIAL, LOCATED NORTH OF ORME, EAST OF LEXINGTON. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-794. Staff Recommendation: Approve, subject to conditions. MAPC Recommendation: Approve, subject to conditions. CPO Recommendation: Approve, subject to conditions. The applicant requests a zone change from "TF-3" Two- Family Residential to "LC" Limited Commercial for Lot 7, Drivers Addition (558 S. Lexington), located north of Orme, east of Lexington. The applicant also requests an amendment to expand the Davis-Moore Community Unit Plan to add the lot proposed for rezoning to the C.U.P.. The subject property is currently developed with a single-family home and is bordered by the Davis- Moore auto complex to the east and across Lexington to the west, and single-family homes to the north and south. The applicant indicates that the existing home on the subject property will be removed and the lot will be used in the future as a vehicle storage area for the auto complex. Amendment #4 placed a height restriction for the lighting of 15 feet for former Lots 13, 14, 15, 16, 17, and 18, and the applicant is revising that provision to include the subject property. This amendment will also extend the restriction, approved as part of Amendment #6, on placing loudspeakers within the proposed storage area. The C.U.P. drawing shows complete access control along Lot 7 where adjacent to Lexington. The expanded storage area will have access to the larger car lot to the east. Due to the fact that the properties to the north and south are still residential, the required 10 foot landscape planting strip along Lexington, as well as the extension of the wood fence between the auto dealership and adjacent residential properties, will be extended through this amendment. As in past amendments, the required planting strips will be installed when any improvements are initiated on those lots. Although similar to previous amendments, this request to add another residential lot to the Davis-Moore auto complex met with concerns over drainage improvements to the newly-added property to the dealership. During the June 23, 1997 CPO(2) meeting, several area residents voiced opposition to the amendment, stating that the increase in paved surface would further exasperate flooding problems south of Orme. In light of those concerns, the applicant requested that the matter be deferred from the June 26, 1997, MAPC hearing to the July 17, 1997 MAPC hearing in order to meet with the applicant s engineer, as well as with the City s engineering staff, to find a solution. During the July 17, 1997 meeting, the applicant s agent and engineer and City staff