MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, February 11, 1997 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Kamen, Rogers; present. *Council Members Cather, Ferris; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Father Patrick Malone, Holy Savior Catholic Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of February 4, 1997, were -- approved approved 7 to 0. AWARDS AND PRESENTATIONS Council Member Cather present. GUEST RECOGNITION The Delegation from Voronezh, Russia, was recognized. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. ACHIEVEMENT Sandra Rankin was given Professional Achievement recognition. SCHOOL RECOGNITION The Harry Street Elementary School was recognized. Council Member Ferris present. PUBLIC AGENDA COMMENTS BY TOM CRONK, BOYS & GIRLS CLUBS. Tom Cronk Tom Cronk, Boys and Girls Clubs, expressed appreciation for City Council support and presented a check to the City in repayment of a $12,000 loan. COMMENTS BY JAMES LEWIS. James Lewis James Lewis expressed appreciation to the City Council for the past and continued use of the land at 13th and Hillside for the "Stop the Violence" display cemetery. Motion -- Knight moved that the rules be set aside and Item 10 be taken up out of order. -- carried Motion carried 7 to 0. (The Council proceeded to take up Item 10; action is shown in Agenda order.) UNFINISHED BUSINESS ST. MARK'S CHURCH REQUEST FOR PROPOSALS FOR ST. MARK'S CHURCH. Chris Cherches City Manager explained that the Item had been continued from February 4, 1997, to review proposals for the property. Motion -- Ferris moved that Staff be authorized to proceed with demolition of the St. -- carried Mark's Church property at 2811 East 21st Street North. Motion carried 7 to 0. ESCORT SERVICE APPLICATION FOR LICENSE - ESCORT SERVICE - MARIANNE STEWART, AAA ENTERTAINMENT, LICENSE APPLICATION 217 WEST 31ST STREET SOUTH. Chris Cherches City Manager reviewed the Item. On February 4, 1997, the City Council deferred the license application for one week for additional information. Because of remodeling work that is currently being done at the location, a stop work order has been issued (no remodeling permits have been obtained) and the license application will not be issued at this time. Council Member Kamen left the Bench. No action is required by the Council at this time. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Cather moved that no action be taken at this time. Motion carried 6 to 0. (Kamen absent) Council Member Kamen present. NEW BUSINESS WATER DISTRIBUTION PETITION FOR WATER DISTRIBUTION SYSTEM TO SERVE PARK OF ALCORN INDUSTRIAL SYSTEM PETITION ADDITION LOCATED EAST OF WEST STREET AND SOUTH OF HARRY. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 97-115. The signature on the petition represents 82% (two of three ownerships) of the improvement district area. CPO Council 4 considered the petition on January 23, 1997. The Council voted 5-0 to recommend approval of the project. Alcorn Industrial Addition was developed in the 1950's outside the Wichita city limits. It has been served by private water wells. The estimated project cost is $40,000. The funding source is special assessments. The estimated rate of assessment is $00.16 per square foot of ownership. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-024 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89119 to serve part of Alcorn Industrial Addition (east of West Street, south of Harry) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. CLEAN AIR ACT STANDARDS COMMENTS TO ENVIRONMENTAL PROTECTION AGENCY (EPA) REGARDING PROPOSED CLEAN AIR ACT STANDARDS FOR OZONE AND PARTICULATE MATTER. Motion -- carried Cather moved that this Item be withdrawn. Motion carried 7 to 0. DEVELOPER DISCLOSURE DEVELOPER DISCLOSURE STATEMENT. Chris Cherches City Manager reviewed the item. Agenda Report No. 97-117. Last year, there were a number of instances in which purchasers of new homes registered complaints with City staff and the City Council concerning the accuracy of information they had received from realtors and developers about the type and amount of special assessments they would be paying. While the City does, through the Engineering Division, provide general estimates of the specials that new subdivisions will carry, the responsibility for making sure that this information is properly communicated to prospective buyers is really for the developer of the subdivision. Council Members Kamen and Ferris were asked by the Council to work with the Wichita Area Builders' Association to develop a disclosure statement for developers and builders to provide to prospective buyers which would identify special assessments and their estimated monthly payout. Both council members and City staff had several meetings with Wes Galyon and members of WABA to work on the content and wording of the disclosure statement. The result of that effort is the Developer Disclosure Statement that is being presented to the Council for approval today. This document itemizes the types of public improvements for which a specific property will be subject to special assessments and estimates the total monthly cost of those specials. In addition, the document includes cautionary language describing how the estimated amount might change dependent upon several factors that neither the developer nor the City have complete control over. The Developer Disclosure Statement also provides information to the buyer about recorded covenants and restrictions; the drainage plan for the subdivision and how the determination is made that property requires flood insurance. Wes Galyon Wes Galyon, WABA, said covenants and restrictions will also be provided. A key part is the accuracy of estimates. The Statement will be furnished to all developers and will be a part of the contract and the deal folder. This will be a standard part of the contract. Mayor Knight momentarily absent with Vice Mayor Cather in the Chair. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the Developer Disclosure Statement be approved. Motion carried -- carried 7 to 0. EAST KELLOGG DISCUSSION OF EAST KELLOGG IMPROVEMENTS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-118. In 1985, the citizens of Wichita approved a local sales tax. One of the cornerstones of that referendum was the improvement of Kellogg through Wichita. The City has completed the following freeway projects: 1) Kellogg: K-42 to Sycamore 2) Kellogg: Sycamore to Emporia 3) Kellogg/Dugan Interchange The Kellogg/Oliver Interchange has been designed and right-of-way has been purchased. Construction is scheduled to begin in the summer of 1997. On October 15, 1996, the City Council authorized staff to begin the design of Kellogg from 135th Street West to Mid-Continent Road in west Wichita, and from Edgemoor to K-96 in east Wichita. The City Council will be consulted as design progresses. When the design is approximately 60% complete, the results will be presented to the City Council. The 60% plans will identify costs, impacts, traffic analysis, and exact grades and alignment for all remaining sections of Kellogg that have not been upgraded. Following a review, the City Council may prioritize segments and proceed to final design and construction for the sections they select. Staff has requested design proposals from engineering firms. Those proposals are due February 14, 1997. After the proposals are received, the Staff Screening and Selection Committee will choose consultants to design the projects, and contracts will be negotiated and forwarded to the City Council for review/approval. Ordinances were approved on October 15, 1996, that provide funding for the design work and for opportunity right-of-way acquisitions. Council Member Rogers momentarily absent. Ray Trail Director of Finance reviewed the financial aspects of the Item. Since the 1985 sales tax approval, the City has received approximately $310 million total, of which, approximately one-half goes to the City's General Fund to provide for property tax relief (about 11 mills tax levy annually). The second half of the sales tax goes to for roads, highways, and bridges. Approximately 61 percent of the second half has been used for cash or debt-service on bonds to support the freeway program. About one-fourth of the total has been utilized to pay for a share of the total amount of local, arterial, and bridge projects. About 14 percent ($25.6 million) of the total remains in reserve. Projects completed to-date include K-96, Kellogg (K-42 to Sycamore), the Downtown fly-over, and other arterials and bridges throughout the community. Projects to complete in the 1996-2005 Capital Improvement Program include a small amount on the Kellogg/Dugan project (possible right-of-way considerations), $6.5 million to pay towards the construction and right-of-way costs associated with the Oliver project, and the remainder of the freeway program is design and limited right-of-way. The $25.6 million remaining will not pay for all of the right-of-way on the entire corridor. There are also funds available to do 60 percent design of the corridor. There are two years remaining in the Capital Improvement Program to pay for local arterials and bridges. There is $5.2 million to do the McLean project and $4 million for 1997 and $4 million in 1998 toward the general arterial and bridge program. Future project costs estimated by the Public Works Staff are approximately $270 million for Kellogg (after Oliver is completed) from Woodlawn to K-96. West Kellogg (from the current Ridge road at the Airport to 151st Street West) costs are estimated at $150 million. There may be some $25 million for City costs associated with a new bridge across the floodway in the northwest area. If the Council chooses to continue to use funds from local sales tax for local arterials and bridge projects after it is scheduled to phase out in 1998, there would be some $72 million of expenses. The projection of local capacity to undertake additional work on freeway projects is approximately $360 million for the period through 2008. Council Member Ferris Council Member Ferris asked that the information be provided to the Council in printed form, and that the capacity numbers also be provided on a 10-year pay-out basis. Steve Lackey Director of Public works reviewed the component parts of the project. Staff is in the process of soliciting proposals for design engineering firms to begin the process of designing the links that have not been improved from the west city limits to the east city limits. When those firms are under contract, they will be charged with designing the corridors that have not been improved to what is called 60 percent plan completion. That will identify the corridor, costs associated with the corridor, and will provide a much better idea of what the costs. On the Kellogg proposal, from 151st West to approximately the Big Arkansas River (Tyler), there are five mile-line roads at approximately $30 million each. The Kellogg/Dugan project costs $25 million. The project from K-42 in to the Big Arkansas River (Sycamore) costs $40 million. The projects to the east include the Kellogg/Woodlawn project (estimated at $60 million), Kellogg and Rock (estimated at $60 million), and from the Turnpike to K-96 (estimated at $150 million). The completed section of the fly-over downtown cost $60 million. Council Member Ferris Council Member Ferris said 66 percent of all new home starts are west of Ridge Road. "My point was, is, and will be, that we have to commit as much resources to finishing west Kellogg as we do to east Kellogg." The traffic counts on west Kellogg are higher than on east Kellogg. The need in west Wichita is equal to or greater than the need in east Wichita. The resources that should be contributed to that are equal to or greater. Good planning would dictate that we get out there, find a corridor, and buy all the property that is available in that corridor before such time as someone puts a multi-million dollar industrial or commercial complex of some kind on the property. Council Member Cather Council Member Cather said the possible problem of railroad underpasses should be kept in mind; and another problem to be considered is the East Pawnee arterial project. Ray Trail Director of Finance, responding to a question, said that at the time of the sales tax referendum in 1985, the Council adopted an Ordinance which is still in place which pledged half of the sales tax to property tax relief and the other half to roads. The property tax relief, at the time, resulted in the City's tax levy dropping from over 40 mills to the current 31 mills. The City has, in the intervening period, absorbed losses from the changes due to reappraisal. Wichita still continues to have a tax levy which is lower than it was at the time of the sales tax. Council Member Kamen Council Member Kamen said the City has kept its promises in the past and should keep its promises in the future. Council Member Ferris Council Member Ferris said that of the first class cities, there are six cities in the State that have lower mill levies than the City of wichita. Every one of these cities have a county and city sales tax. Council Member Ferris said the County's mill levy is currently higher than their mill levy was after they instituted the sales tax and dropped their mill levy and the County has not pledged towards Kellogg (U.S. 54). Motion -- Kamen moved that the commitment to Kellogg reconstruction be reaffirmed; staff be authorized to continue to negotiate right- of-way purchases on an "opportunity" basis; staff be authorized to pursue State/Federal aid for the project; and staff -- carried be authorized to proceed with the design as outlined. Motion carried 7 to 0. FINANCIAL REPORT CITY OF WICHITA QUARTERLY FINANCIAL REPORT FOR THE PERIOD ENDED DECEMBER 31, 1996. Ray Trail Director of Finance reviewed the Item and made the following points: [1] The City ended 1996 in a very strong financial position. While cash balances were drawn down in a number of major funds, it was on a planned basis and the drawdown was less than originally projected. The financial report very much demonstrates the continuing financial strength of the City. [2] Two funds in the City budget require property tax support. The General Fund ended 1996 with slightly less than $21 million in cash reserves or 16.5%. In terms of the General Fund, the Director of finance pointed out that budgetary projections-to-actual show that the Budget staff was within 1% variance on both revenues and expenses. Likewise, the Debt Service Fund ended 1996 at $6.5 million. This puts the City in an excellent position to proceed with developing a 1998 Budget which will not require a property tax increase. [3] Special Revenue funds, with the exception of the Central Inspection Fund, ended the year in a strong position. [4] Enterprise funds also are strong. The Airport has never required the loan from the City to meet its projected expenses as was thought probable a few years back. The debt financing plan approved by this Council at that time to avoid a major restructuring of Airport debt has proven in hindsight to be a very wise decision. Water/Sewer cash reserves have been used to fund capital projects while keeping rates low. [5] Internal service funds are also strong. Data Center and Telecommunications have reserve to fund major portions of upgrade plans. The City Council has adopted a MIS Plan for data processing and will be seeing a study on the telephone system in the near future. While not all costs can be cash funded, a very large share can be. Insurance programs also remain very strong and provide options for the future to reduce costs. [6] Trust funds, notably the pension funds are also in very good shape. The WER civilian pension fund is at full actuarial funding levels and P&F are just above 90%. Both are among the highest funded public pension plans in the country in actuarially funding and fiscal soundness. [7] As noted in the agenda item just past, the Local Sales Tax program for road/ highway/bridge project funding had some $26 million in unencumbered funds at year-end 1996, positioning the City to continue with currently approved freeway projects and to undertake substantial and aggressive efforts to construct much more of the freeway system. In this area, the City is not "out of money". [8] While maintaining the City's Investment Policy conservative standards of safety and liquidity before rate-of-return, investment earnings in a market of some uncertainty were at a level of 5.517%, or nearly a fully third of a percent higher than the benchmark Treasury Bill yield. [9] There are some continuing areas of concern, notably: the Metropolitan Transit Fund which only broke even in 1996 because the City Council increased the General Fund contribution first $300,000 and then $107,000 of the second supplemental appropriation of $150,000. [10] The Central Inspection Fund has required substantial increases in permit fees to sustain operations and maintain the 90 day operating reserve. [11] And the Storm Water program of capital projects and maintenance has been scaled back to remain within budget constraints occasioned by the reduction in storm water rates. This remains an open question for the Council to address in the future. Generally, the financial statements in the report are preliminary and unaudited. Staff is now working with the City's external auditors from Allen Gibbs & Houlik to complete the Comprehensive Annual Financial Report or CAFR be the end of March. Material changes are not expected in the numbers presented in this 4th Quarter statement, except in normal adjustments areas such as: (a) water/sewer/ storm water unbilled receivables and workers compensation incurred but not reported claims. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. CITY COUNCIL AGENDA (Item No. 10) COMMUNITY GOAL-SETTING COMMUNITY GOAL-SETTING INITIATIVE. Mayor Knight Mayor Knight reviewed the Item. Agenda Report No. 97-119. The proposed project is designed to enhance the community through more direct partnership and collaboration with citizens. With competing needs within the community, both now and in the future, it is imperative that the citizens be given an opportunity to understand and participate in the establishment of priorities and in what they want the community to be. All communities are unique (physical setting, economic well-being, attention to values, etc.) and require a unique approach to obtaining community focus and involvement. Community involvement of citizens and neighborhood groups has made significant progress over the past few years in conjunction with the Neighborhood Initiative. From these partnerships, the City (and community) have focused on public safety, neighborhood stability, and other community betterments. What has not yet been achieved is direct involvement by the community in creating a vision for continuous improvements. The Community Goal-Setting Project, suggested by the Mayor, would be a means to provide citizens and neighborhood groups an opportunity to learn and participate in community issues and helping establish community goals/priorities. The primary purpose of this project is to encourage, develop, and receive community input on community challenges and priority- setting. Working with the Neighborhood Initiative Office, Project Freedom Family, and Youth Coalition, and with the assistance from WSU, a general methodology will be established to develop a means to carry out a visioning and priority comment process. The project will involve community sampling to help establish an informational base. The proposed budget for the implementation of the program is proposed to be funded from the Community Service levy and will contain funding for graduate student support, along with the survey and other expenses. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Margalee Wright Margalee Wright stated that this required a fairly small investment for a fairly large return. It is hoped the process will give a number of people an opportunity to participate. Jane Richards Jane Richards said sometimes young people have a lack of hope for the future. A project envisioned is that as families participate, the children will be included; and this will include young people who have had some conflict/resolution training in school. This is a way to tie in the voice of young people and their families in some priority and value setting. Elizabeth Bishop Elizabeth Bishop, Wichita Independent Neighborhoods, asked that, at some point, neighborhood associations that are working very hard on issues specific to their neighborhoods be brought into the process, in addition to the six community projects within each district, but within their roles as neighborhood association participants. Council Member Cole Council Member Cole said her concern is that she did not see any formal acknowledgment of the Wichita Independent Neighborhoods Association. There are fifty-two neighborhood associations, or maybe more, in the City. There is nothing that connects, in a formal way, the Wichita Independent Neighborhoods Association. Mayor Knight Mayor Knight said he wants to hear from people who have, basically, had no voice and that he would be comfortable leaving it with those recommended to find a way to do that. A real regret would be that there might be micro-managing. Council Member Rogers Council Member Rogers stated that he would like to see the Family Preservation League included in the initial operation and development of the Plan. The City is trying to reach, to a large degree, some persons that have not been involved. The Family Preservation League works with persons like that every day in a whole host of areas. Mayor Knight Mayor Knight said he thinks the children and family preservation is very important but that he feels confident that a way will be found to work through this and that connection will be made in one way or another. "Again, I would like to leave it to these people to figure out a strategy to achieve what we have set down as objectives." Motion -- Knight moved that the Community Goal-Setting Project be approved. Motion carried -- carried 7 to 0. (The City Council proceeded to take up the remainder of the Items in Agenda order.) LEAGUE BYLAWS PROPOSED AMENDMENT TO THE BYLAWS OF THE LEAGUE OF KANSAS MUNICIPALITIES. Chris Cherches City Manager reviewed the Item. The proposed amendment provides that past presidents of the League shall remain eligible for continued service on the Governing Body for so long as they remain in municipal office on an uninterrupted basis. Motion -- carried Knight moved that the amendment be supported. Motion carried 7 to 0. AIR MUSEUM FUNDING REQUEST FROM AIR MUSEUM FOR FUNDING ASSISTANCE. This Item was pulled from the Agenda. GOLF FEES DISCUSSION OF JUNIOR GOLF/STUDENT GOLF FEES. (Requested by Council Member Ferris) Council Member Ferris Council Member Ferris reviewed the Item. Council Member Ferris stated that the City Council had received a volume of calls with regard to this matter and that the Director of Parks and Recreation had been requested to explain the differences between Junior Golf and Student Golf. Tim Vanatta Director of Parks and Recreation explained that the Wichita Junior Golf Foundation is an independent group which offers a golf program at the City golf courses and other golf courses in the Wichita area. A fee of $1.25 per junior per lesson is paid to the golf course pro (by the Foundation) for operation of the program. In addition, a one-time $10 registration is paid to the golf pro by the junior golfer. The city makes the courses available for play at the rate of $3 per round. The Foundation pays the $3 per round fee. Approximately 2,500 rounds of play are offered through the Junior golf program. With the Student Daily Green Fees, any youth from ages 10-18 years can play on any of the four courses on any day and at any time for a green fee of $7. This is separate from the Junior Golf Program. Approximately 6,500 rounds of golf are played by youth paying a Student Daily Green Fee rate of $7 per round. The rate is comparable to youth rates at other area golf courses. Adult golf green fees are effectively $2.15 per round higher than average in order to offer a $3.85 per round discount on general youth golf. Junior Golf is subsidized the most extensively of any play on the City courses at $7.85 discount per round. To further subsidize youth golf more than current rates, the following options are available: 1) For every $1 of additional subsidy of Junior Golf green fees, the cost to the City would be $2,500 annually. 2) For every $1 of additional subsidy of general youth golf green fees, the cost to the City would be $6,500 annually. 3) The Council would need to designate a funding source: (a) if paid from the Golf fund, it would mean pressure on adult fees to pay an increasing proportion of operating and maintenance costs or (b) if the General Fund, it would reduce contingency funds. 4) If higher youth golf subsidies are to be implemented, the City Council should consider whether or not to implement some form of 'means testing' so that such subsidies are based on need for assistance in order to participate in the youth golf program. Council Member Ferris Council Member Ferris stated that the golf program is the only program in the City that is totally subsidized by the golf players. All the other programs are subsidized with general fund subsidies. If a small portion of the population is going to be asked to subsidize student golf, it is wrong. If the reason for subsidizing student golf is to keep youth off the streets, that should be general fund subsidies - not a golf course subsidy. It is unfair and wrong to ask 25,000 or 35,000 residents who play golf to carry an unusually large burden of subsidy for a very small group of individuals. The ideal situation would be that the general fund should subsidize 100 percent of the junior golf and student golf discounts. That is not being recommended. It is recommended that if a $5 round (as in 1993) is needed because having the students on the golf course and off of the streets is good for the entire community, the subsidy should be by the entire community. The general fund cost to take the fees to $5 per round would be $13,000. Mayor Knight Mayor Knight said golf is positive for young people and it seems that it ought to be a general fund supplement. Motion -- Ferris moved that, in the next two weeks, Staff return to the City Council a proposal to reduce the green fees for student golf from $7 to $5 and alternatives for paying for the reduction. Council Member Cather Council Member Cather also asked that the Park And Recreation Center employees, the numbers over the last several years, and whether the number of employees in the facilities has been decreased. Council Member Cather said he would like to see what the overall general health of the Parks budget has been over the last couple of years. Council Member Cather said he had the impression the Parks Department budget had been reduced over the last two years and if funds from the general fund are going to be put in one Parks project like this, he would like to see what the rest of the Parks Department has been doing. -- carried Motion carried 7 to 0. COUNCIL MEETING CANCELLATION OF MARCH 11, 1997, CITY COUNCIL MEETING. A majority of the City Council will be attending the National League of Cities Meeting on March 11, 1997. Motion -- Knight moved that the March 11, 1997, Meeting be canceled. Motion carried -- carried 7 to 0. APPOINTMENTS APPOINTMENT TO WICHITA-SEDGWICK COUNTY ALCOHOL AND DRUG ABUSE ADVISORY BOARD. One appointment (Council-at-large), for a term expiring June 30, 1997. Motion -- carried Knight moved that the appointment be deferred two weeks. Motion carried 7 to 0. APPOINTMENT TO COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. One appointment (Kamen) for a term expiring June 30, 1997. Motion -- carried Kamen moved that the appointment be deferred two weeks. Motion carried 7 to 0. APPOINTMENT TO BOARD OF APPEALS OF PLUMBERS AND GAS FITTERS. One appointment (Council-at-large/Public-at- large), for a term expiring June 30, 1997. Motion -- carried Cole moved that the appointment be deferred two weeks. Motion carried 7 to 0. APPOINTMENT TO BOARD OF ZONING APPEALS. One appointment (Gale),for a term expiring June 30, 1997. Motion -- Gale appointed Juanita Swan and moved that the appointment be approved. Motion -- carried carried 7 to 0. NOTICE OF VACANCY - WICHITA AIRPORT AUTHORITY. One vacancy (Ferris), due to resignation of David Elkouri, for a term expiring June 30, 1997. Motion -- Knight moved that the rules be set aside and an appointment be made on the off -- carried the Agenda item. Motion carried 7 to 0. Motion -- Ferris appointed Ron Marnell and moved that the appointment be approved. Motion -- carried carried 7 to 0. PROCLAMATIONS PROCLAMATIONS. -- Remember the Maine Day -- Helping Children Learn Week -- Arbor Day Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, including Addendum Item, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED FEBRUARY 10, 1997. At 10:00 a.m., Friday, February 7, 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 2/10/97) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1995 Water Main Replacement Project Group "B": along Vine from Kellogg to 2nd St. No., Glenn from Kellogg to 2nd St. No., Charles from 1st St. No. to 2nd St. No., and Mentor from Glenn to Hiram (88982); along Elizabeth from University to Douglas, Fern from University to Burton, and Millwood from Kellogg to Burton (88993); along Martinson from Kellogg to Maple, Martinson from Benton to South of Railroad Tracks, Exposition from Maple to Douglas, and Dodge from Maple to Burton (88995) (between Kellogg and 2nd Street North, west of Seneca). (448-88992/88993/88995/634287/544428) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-18-95) (District VI) Whitetail Service - $780,153.00 Relocation of a 12" water line (along 29th Street North, east of Oliver). (448-88776/635227/544622) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (District I) Whitetail Service - $15,303.00 Realignment of McLean Boulevard, Phase III, install street light bases (from Taft to Walnut). (472- 82586/706168/405170) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7-19-95) (District VI) Beachner - $45,837.00 (Alternate #2) Water Distribution System to serve Lark Third Addition (south of Kellogg, east of 119th Street West). (448- 89052/733527/470430) Does not affect existing traffic. (Council approval date 05-21-96) (District V) Nowak Construction - $56,408.00 Lateral 71, Main 5, Sanitary Sewer #23 to serve Pembrook & Pembrook Second Additions (east of Oliver, south of 29th Street North). (468-82593/742999/480391) Does not affect existing traffic. (Council approval date 08-20-96) (District I) Utility Contractors - $59,117.00 Water Distribution System to serve Pembrook and Pembrook Second Additions (east of Oliver, south of 29th Street North). (448-89028/733550/470433) Does not affect existing traffic. (Council approval date 04-23-96) (District I) Whitetail Service - $25,553.00 Battin, from the north line of Lot 22, Block 1, Pembrook Addition, to the south line of Lot 7, Block 2, Pembrook 2nd Addition; Battin Court, from the west line of Battin to and including the cul-de-sac, serving Lots 22 through 40, Block 1, Pembrook Addition, and from the west line of Battin to and including the cul-de-sac, serving Lots 4 through 10, Block 1, Pembrook 2nd Addition; and Sidewalk on the east side of Battin (east of Oliver, south of 29th Street North). (472- 82705/764142/490517) Does not affect existing traffic. (Council approval date 8-20-96) (District I) Asphalt Construction - $183,730.25 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. POLICE DEPARTMENT/TRAINING: POLICE LEATHER AND ACCESSORIES, POLICE CYCLING ACCESSORIES AND SURGICAL GLOVE POUCHES (083600)AS PER SPECIFICATIONS Law Enforcement Equipment Company Item 1 $ 22.55 per Each Item 2 $ 18.70 Per Each Item 3 $ 14.40 Per Each Item 4 $ 38.93 Per Each Item 5 $ 52.92 Per Each Item 6 $ 52.45 Per Each Item 7 $ 60.38 Per Each Item 8 $ 84.64 Per Each Item 9 $ 60.38 Per Each Item 10 $103.90 Per Each Item 11 $54.36 Per Each Item 12 $18.40 Per Each Item 13 $10.40 Per Each Item 14 $30.40 Per Each Item 15 $37.68 Per Each Item 16 $25.75 Per Each Item 17 $25.05 Per Each Item 18 $19.62 Per Each Item 19 $ 9.99 Per Each Item 20 $29.94 Per Each Item 21 $68.80 Per Each Item 22 $ 6.50 Per Each Item 23 $10.10 Per Each Item 24 $23.55 Per Each Item 25 $ 9.45 Per Each Item 26 $ 9.45 Per Each Item 27 $74.10 Per Each Item 28 $ 5.53 Per Each Item 29 $11.70 Per Each Item 30 $ 5.30 Per Each Item 31 $ 4.76 Per Each Item 32 $ 7.93 Per Each Item 33 $ 5.93 Per Each Item 34 $17.14 Per Each Item 35 $17.14 Per Each Item 36 $22.39 Per Each Item 37 $18.64 Per Each Item 38 $ 5.00 Per Each Item 39 $ 5.10 Per Each Item 40 $20.54 Per Each Item 41 $11.43 Per Each Item 42 $26.60 Per Each Item 43 $26.60 Per Each Item 44 $ 5.80 Per Each Item 45 $ 8.25 Per Each Item 46 $15.64 Per Each Item 47 $17.80 Per Each Item 48 $36.25 Per Each Item 49 $36.25 Per Each Item 50 $12.70 Per Each Item 51 $20.32 Per Each Item 52 $22.25 Per Each Item 53 $11.40 Per Each Item 54 $ 5.05 Per Each Item 55 $ 4.45 Per Each Item 56 $11.40 Per Each Item 57 $ 8.25 Per Each Item 58 $ 6.99 Per Each Item 59 $ 6.99 Per Each Item 60 $ 8.00 Per Each Item 61 $10.25 Per Each Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. New Operator 1997 (Consumption on Premises) Gary R. Batenhorst Godfather's Pizza #170192021 Amidon* Addendum Item 22a Jim McCain Wichita Ice Center *General Restaurant-Beer Sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. North-South Alley between Mead and Mosley to serve Viola Addition (from 18th to 19th Street North). Does not affect existing traffic. (Council approval date 12-5-95) (District VI) (472-82659/763516/490454) b. Dry Creek Interceptor Sewer, Phase I, Part A (Harry and Oliver) Does not affect traffic. (Council approval date 9-26-95) (District III) (468-82541/632414/533316) c. 1995 Water Main Replacement (Group C): Richmond Street, 3rd Street to Douglas; 3rd Street, Richmond to Meridian (88996); Sedgwick Street, Douglas to 2nd Street (88998); St. Clair Street, Maple to Douglas (88999); St. Clair Street, Kellogg Drive to Maple Street; Mentor, Sedgwick to St. Clair (89000) (Kellogg and Meridian). Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-18-95) (District IV & VI) (448- 88996/88998/88999/89000/634402/544440) 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., February 21, 1997. Motion carried 7 to 0. d. 1995 Water Main Replacement (Group E): Vassar, Lincoln to Orme; Rutan, Lincoln to Orme; Holyoke, Lincoln to Orme; Orme, Holyoke to Rutan (89007); Clifton, Orme to Yale to Gilbert to Longview; Yale, Morris to Orme; Roosevelt, Morris to Orme (89008); Morris, Crestway to Dellrose, Gilbert, Pershing to Oliver; Dellrose, Lincoln to Gilbert; Orme, Pershing to Dellrose (89009). Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-18-95) (District II & III) (448- 89007/89008/89009/634600/544460) 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., February 28, 1997. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Haskell from the south line of Lot 7, Block 1, to the east line of Lot 22, Block 1 and sidewalk on the south side of Haskell; and Haskell Court serving Lots 1 through 22 inclusive, Block 1, from the north line of Haskell to and including the cul-de-sac. to serve Prairie Woods Addition (north of Pawnee, east of Maize). (472-82565/764027/490505) Does not affect existing traffic. (Council approval date 03-21-95) (District 5) b. Haskell from the east line of Lot 22, Block 1, to the north line of Lot 37, Block 1 and sidewalk on the south side of Haskell; and Haskell Courts serving Lots 23 through 28 inclusive, Block 1, and Lots 29 through 35 inclusive, Block 1, from the north line of Haskell to and including the cul-de-sac to serve Prairie Woods Addition (north of Pawnee, east of Maize). (472-82566/763961/490499) Does not affect existing traffic. (Council approval date 03-21-95) (District 5) c. 27th Street North and Parkwood from the east line of Beacon Hill to the east line of Beacon Hill, and Parkwood Court from the east line of Parkwood to and including cul-de-sac to serve The Courts II Addition . (472- 81822/605980/490072) Does not affect existing traffic. (Council approval date 07-12-88) (District 1) d. "L" type Hammerhead Turnaround on Edgemoor (south line of The Courts II Addition). (472- 81826/764134/490516) Does not affect existing traffic. (Council approval date -7-12-88) (District 1) 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., February 21, 1997. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Supply Line to serve Wheatland Addition (south of MacArthur, west of Hoover) - $102,120.00. Traffic to be maintained during construction. (Council approval date 4-6-93) (District n/a) (448-88688/732933/470-371) b. Water Distribution System to serve Prairie Woods Addition (north of Pawnee, east of Maize) - $40,000.00. Does not affect existing traffic. (Council approval date 3-21- 95) (District V) (448-88902/733477/470-425) c. Water Distribution System to serve Prairie Woods Addition (north of Pawnee, east of Maize) - $64,000.00. Does not affect existing traffic. (Council approval date 3-21- 95) (District V) (448-88901/733519/470-429) d. Water Supply line to serve Wheatland Addition (south of MacArthur, west of Hoover) - $42,920.00. Traffic to be maintained during construction. (Council approval date 4-6-93) (District n/a) (448- 88689/733535/470-431) e. Lewis Street Bridge and Waterline Relocation between McLean Blvd. and Wichita Street over the Arkansas River - $5,765,000.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-18- 95) (District VI) (448-89061/715383/635136/544-613) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST (CHESNEY). a. Water Distribution systems to serve Cranmer Addition (north of 21st, west of Maize) - Total Cost - $27,359.00. (448-88309/732834//470-361) b. Water Distribution systems to serve Agape addition (east of Maize, south of 23rd) - Total Cost - $19,597.00. (448-88348/732842/470-362) c. Water Distribution Systems to serve Timber Ridge Second Addition (south of 21st, east of Maize) - Total Cost - $58,021.39. (448-88633/732859/470-363) d. Water Distribution System to serve Florence Addition (50th Street South, east of Broadway) - Total Cost - $31,730.56 (448-88008/732891/470-367) e. Water Distribution System to serve Chadsworth Commercial Second Addition (north of 21st, east of Maize) - Total Cost - $96,458.49. (448-88939/732917/470-369) f. Water Supply to serve Hickory Creek Estates Addition (south of 13th, west of 119th Street West) - Total Cost - $141,122.24. (448-88980/733071/470-385) g. Water Distribution System to serve Hickory Creek Estates Addition, Phase I (south of 13th, west of 119th Street West) - Total Cost - $110,066.36. (448-88981/733089/470- 386) h. Water Distribution System to serve Mediterranean Plaza Addition (north of 29th, east of Rock) - Total Cost - $124,137.15. (448-88950/733097/470-387) i. Water Distribution System (Phase I) Belle Terre Second to serve Belle Terre Second Addition (south of Central, east of 143rd Street East) - Total Cost - $89,720.79. (448-88947/733105/470-388) j. Water Supply Line to serve Balthrop Addition (north of Central, east of Greenwich) - Total Cost - $115,661.45. (448-89015/733121/470-390) k. Water Distribution System to serve Balthrop Addition (north of Central, east of Greenwich) - Total Cost - $69,630.11. (448-89016/733139/470-391) l. Water Distribution System to serve Balthrop Addition (north of Central, east of Greenwich) - Total Cost - $134,208.23. (448-89017/733147/470-392) m. Water Distribution System to serve Horseshoe Lake Addition (north of 21st, east of Ridge) - Total Cost - $66,428.58. (448-89031/733154/470-393) n. Water Distribution System to serve Horseshoe Lake & Cox Machine Addition (north of 21st, east of Ridge) - Total Cost - $61,310.80. (448-89032/733-162/470-394) o. Water Distribution System to serve Fox Pointe Second Addition (west of Webb, south of 29th) - Total Cost - $41,319.63. (448-89019/733170/470-395) p. Water Distribution System to serve Forest Lakes Addition (north of 29th, west of Ridge) - Total Cost - $29,674.04. (448-89021/733188/470-396) q. Water Distribution System to serve Meadow Oaks Second Addition (south of 29th Street North, west of Woodlawn) - Total Cost - $38,087.25. (448-89010/733204/470-398) r. Water Distribution System to serve Meadows oaks Third Addition (south of 29th Street North, west of Woodlawn) - Total Cost - $17,715.54. (448-89011/733212/470-399) s. Water Distribution System to serve Lark Third Addition (south of Kellogg, east of 119th Street West) - Total Cost - $51,636.79. (448-89051/733220/470-400) t. Water Distribution System to serve an unplatted tract and Bradley Fair Second Addition (south of 21st, east of Rock Road) - Total Cost - $80,493.70. (448- 89035/733253/470-403) u. Water Distribution System to serve Woodland Lakes Estates addition (south of Kellogg, west of 127th Street East) - Total Cost - $228,348.19 (448-89020/733261/470-404) v. Water Distribution System to serve Graf- Goldston and Graf-Goldston Second Additions (south of 21st, east of Maize) - Total Cost - $40,075.80. (448-88966/733287/470-406) w. Water Distribution System to serve Graf- Goldston Second Addition (south of 21st, east of Maize) - Total Cost - $10,473.78. (448-88967/733295/470-407) x. Water Distribution System to serve Lot 1, block 1, Graf-Goldston Second Addition (south of 21st, east of Maize) - Total Cost - $7,986.00. (448-88968/733303/470-408) y. Water Distribution System to serve part of Graf-Goldston and Graf-Goldston Second Additions (south of 21st, east of Maize) - Total Cost - $17,882.56. (448-89030/733311/470- 409) z. Water Distribution System to serve Woodland Place Addition (south of Central, west of 159th Street East) - Total Cost - $22,509.60. (448-89055/733337/470-411) aa. Water Distribution System to serve Overbrook Second Addition (north of Central, east of 143rd Street East) - Total Cost - $40,086.89. (448-89044/733352/470-413) bb. Water Supply Line to serve Savanna at Castle Rock Ranch Fifth through Eighth Additions (north of 13th, along both sides of 143rd Street East) - Total Cost - $29,117.06. (448-89048/733402/470-418) cc. Water Distribution System to serve Harrison Park Second addition (east of Webb, north of Lincoln) - Total Cost - $29,624.89. (448-89072/733436/470-421) dd. Water Distribution System to serve Brookhaven Estates Second Addition - Phase II of Central (east of 143rd Street East) - Total Cost - $25,217.20. (448- 88833/733444/470-422) Motion -- Knight moved that the Statements of Cost be received and filed and the proposed -- carried assessment rolls be prepared. Motion carried 7 to 0. 100% PETITION PETITION FOR WATER DISTRIBUTION SYSTEM TO SERVE WEBB ROAD COMMERCIAL ADDITION AND UNPLATTED TRACTS (SOUTH OF 21ST, WEST OF WEBB ROAD). (District II) Agenda Report No. 97-122. The signatures on the petition represent 100% of the improvement district. A petition for a water distribution system to serve Webb Road Commercial Addition was approved by the City Council on May 21, 1996. A new petition has been submitted which enlarges the project to include two unplatted tracts that will soon be developed. The original petition budget was $27,000. The new petition budget is $55,000. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-97-025 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Number 448-89043 to serve Webb Road Commercial Addition and two unplatted tracts (south of 21st, west of Webb Road) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating, and Boilers, with 1996 Annual Report, 1/23/97 Board of Appeals of Plumbers & Gas Fitters 1996 Annual Report Board of Code Standards & Appeals, 1/6/97 Board of Housing Commissioners Meeting, 1/16/97 CPO Northeast Council 1, 1/27/97 CPO East Council 2, 1/27/97 CPO Southeast Council 3, 1/23/97 CPO Southwest Council 4, 1/23/97 CPO Northwest Council 5, 1/29/97 CPO North Central Council 6, 1/29/97 Commission on the Status of People With Disabilities, 1/29/97 Human Services Board, 1/16/97 Police & Fire Retirement System of Wichita, KS, 1/22/97 Wichita Employees' Retirement System, 1/22/97 Wichita/Sedgwick County Emergency Communications Advisory Board, 1/16/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 97-123. The intersection of 45th Street North and Rock Road has been difficult to maintain in a safe condition. The intersection will be paved as soon as weather permits. The work will require approximately two weeks of suitable weather for completion. Closure of Rock Road is necessary for the work. Traffic on 45th will be maintained but limited to one lane through the intersection. It is anticipated the work can begin during the week of February 10th, weather permitting. Cost of the paving is estimated to be $9,500 funded from the Street Maintenance operating budget. Motion -- carried Knight moved that the closure be approved. Motion carried 7 to 0. KDOT AGREEMENTS FORCE ACCOUNT AGREEMENTS FOR GYPSUM CREEK BICYCLE PATH, ARKANSAS RIVER BICYCLE PATH, AND LANDSCAPING ALONG I-235. (Districts III, IV, V and VI) Agenda Report No. 97-124. On November 28, 1995, December 19, 1995, and March 26, 1996 respectively, the City Council approved the construction of Gypsum Creek Bicycle Path (CIP No. P-9305), Arkansas River Bicycle Path (CIP No. P-9304), and I-235 Landscaping (CIP No. F-9302). Also on those dates, the City Council entered into Agreements with the Kansas Department of Transportation for 80% Federal Funding. Plans are for the City to let the projects and begin construction this spring. The Gypsum Creek Bicycle Path will connect to a proposed bike path north of Cessna Park and will go south to Turnpike Drive. The Arkansas River bicycle path will connect the existing bike path at 13th Street North to the proposed path at Meridian. The I-235 Landscaping project will provide trees, shrubs, and wildflower plantings in the freeway right-of-way from 13th Street North to Broadway. KDOT will reimburse the City for 80 percent of the cost for construction engineering services which have upper limits of $21,394.39, $13,498.60 and $26,747.37 respectively. The City's share will be paid by General Obligation Bonds. Motion -- Knight moved that the Agreements be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. LEWIS STREET BRIDGE CONSTRUCTION INSPECTION SERVICES FOR LEWIS STREET BRIDGE. (District VI) Agenda Report No. 97-125. On November 21, 1995, the City Council approved a design contract with Professional Engineer Consultants (P.E.C.) to prepare construction plans for the Lewis St. Bridge. The contract provided that P.E.C. would perform construction engineering services upon execution of a supplemental agreement. On February 4, 1997, the City Council authorized construction of the project. Because of their expertise in designing the project, it is recommended that P.E.C. be retained to provide construction inspection services. The fee for services is an amount not to exceed $220,167. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. HEARTSPRING CONTRACT HEARTSPRING ARCHITECTURAL SERVICES CONTRACT. (District I) Agenda Report No. 97-126. On April 4, 1995, the City Council approved a HUD Special Purpose grant in the total amount of $1,500,000 for acquisition of Heartspring and related costs, including architectural/engineering services. The Heartspring campus was acquired December 31, 1995 to be used as a seamless, living, learning and work campus. A portion of the campus has been leased to Cessna Aircraft Company for construction of a sub assembly and learning/day care facilities. The Cessna facilities are scheduled to be completed by September, 1997. The next phase for redevelopment of the Heartspring campus is secure architectural services to determine space and utilization of the balance of the campus not used by Cessna, including any code, structural or ADA deficiencies which must be remedied before occupancy. On January 16, 1997, a Staff Screening and Selection Committee interviewed four prospective firms. The Committee was comprised of three City staff and four community representatives. The community representatives included: Tony Ross, Wichita State University; Janet Lloyd, Intrust Bank; Jeff Tymony, National Conference on Christians and Jews; and, Ron Holt, Kansas Gas and Electric Company. The Committee recommends that McCluggage, Van Sickle and Perry be awarded the architectural services contract. The funding source is HUD Special Purpose funds. Payment to McCluggage, Van Sickle and Perry will not exceed $17,500 plus up to $1,000 in reimbursable expenses. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. MURDOCK BRIDGE MURDOCK BRIDGE OVER THE LITTLE ARKANSAS RIVER. (District VI) Agenda Report No. 97-127. On October 1, 1996, the City Council authorized the Staff Screening and Selection Committee to select a design engineer for the Murdock Bridge over the Little Arkansas River. On December 19, 1996, the Staff Screening and Selection Committee selected Professional Engineering Consultants, P.A. (PEC) to design the bridge and incidental water lines. The existing bridge was constructed in 1925 and needs to be repaired and restored. An Agreement with PEC to design the bridge restoration improvements and necessary water main modifications has been prepared. Approval of the design project does not obligate the City Council to build the project. Payment to PEC will be made on a cost plus percentage of cost basis not to exceed $51,000 for design of the bridge improvements, and $7,500 for design of the water improvements. The bridge improvements will be paid by General Obligation Bonds included in the 1997 Capital Improvement Program (CIP No. B-120). The budget is being initiated for $70,000 to provide for staff design review expenses and possible design considerations that may arise during the design development process. The water main replacement project will be paid by Water Utility Funds included in the 1997 CIP No. W-65 - Unidentified Water Mains. Motion -- Knight moved that the project be approved and the Ordinance be placed on first reading; and the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. ORDINANCE An Ordinance declaring Murdock Bridge over the Little Arkansas River (472-82785) 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. ARKANSAS RIVERBANK PHASE I - ARKANSAS RIVERBANK IMPROVEMENTS. (District VI) Agenda Report No. 97-128. The 1997 Capital Improvement Program includes a project to reconstruct the Arkansas Riverbank in the Core Area (CIP No. CA-9213, page 11). The project consists of reconstructing riverfront grades, making bank modifications, providing landscaping and signage, and other miscellaneous embellishments, including permanent power for riverfront events, lighting, a promenade, and improvements to existing bike paths. First priority of bike path improvements is to extend the path from Seneca and McLean west to Central, Meridian and McLean. The 1997 project budget is $2,346,000. The funding source is General Obligation Bonds. Motion -- Knight moved that the project be approved and the Resolution be adopted; and the Staff Screening and Selection Committee be authorized to select a design -- carried consultant. Motion carried 7 to 0. RESOLUTION NO. R-97-026 A Resolution authorizing the issuance of bonds by the city of wichita at large for improvements to the Arkansas Riverbank (472-82799), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. NARCOTIC SEIZURE ACCTS. NARCOTIC SEIZURE ACCOUNTS. Agenda Report No. 97-129. Under Federal and State law, law enforcement agencies are permitted to seize assets that are proceeds from specified unlawful activities. After seizing an asset, law enforcement agencies file a case for forfeiture of the asset in Federal or State court. If the court rules that the asset is a proceed from a specified unlawful activity, then the asset is forfeited to the law enforcement agency. For the City of Wichita, forfeited assets are deposited into Narcotic Seizure Accounts to provide supplementary funding for law enforcement activities. Budgets for the Narcotic Seizure Accounts are adopted to permit the expenditure of funds forfeited to the Wichita Police Department. Three Narcotic Seizure Accounts are adopted to comply with Federal and State regulations that require a separate account for assets forfeited under the different forfeiture programs. The Police Department recommends that the City Council adopt the 1997 budgets for the Narcotic Seizure Accounts, which are described in the Financial Considerations Section. The City is also required to certify the use of forfeited assets; therefore, the Police Department recommends that the City Council authorize the necessary signatures for the Annual Certification Report. The Narcotic Seizure Accounts have funds totaling $403,580. The Police Department recommends budgeting the funds for: Budgeted Item Amount Safe for storing drugs and money $ 4,080 Membership to the Law Enforcement Training Network 4,000 Payments to informants/buy money 48,000 Local match for the Law Enforcement Block Grant 63,690 Operations and insurance for undercover vehicles 80,000 Local match for the COPS MORE '96 Grant 129,170 Contingency/fund reserve 74,640 $403,580 Federal and State law require local units of government to use forfeited assets to supplement the resources dedicated to law enforcement and prohibit supplanting local resources with forfeited assets. Motion -- Knight moved that the budgets for the Narcotic Seizure Accounts be adopted and the necessary signatures for the Annual Certification Report be authorized. -- carried Motion carried 7 to 0. WEAPONS DESTRUCTION WEAPONS DESTRUCTION. Agenda Report No. 97-130. A list of weapons being destroyed was provided and included a total of 104 handguns and 57 long guns. The destruction of the weapons will be witnessed will be witnessed and monitored by Staff. Motion -- carried Knight moved that the list be received and filed. Motion carried 7 to 0. COIN TELEPHONE CONTRACT REQUEST FOR PROPOSAL - COIN TELEPHONE CONTRACT. Agenda Report No. 97-131. With the exception of the telephones administered by the Wichita Airport Authority, the City's coin telephones have been provided by Southwestern Bell Telephone Company under an informal agreement with respect to commissions paid the City and services rendered by Southwestern Bell. Legislation in 1996 intended to eliminate subsidization of coin telephone service has in turn caused Southwestern Bell to request that the City now enter into a contract for these services. While the coin telephone service provided by Southwestern Bell has been adequate, there is competition in the market and it is in the City's best interests to examine a number of vendors to select the one which will provide good service and maximize commissions. Regardless of the vendor chosen, the City can expect increased commission return over the amount paid under the informal arrangement now in place with Southwestern Bell. Commissions in 1996 were approximately $8,500. Motion -- Knight moved that the Department of Finance be authorized to issue a Request for -- carried Proposal for coin telephone service. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 2804 WEST CENTRAL (TRACT #1) FOR THE CENTRAL AVENUE IMPROVEMENT PROJECT FROM WEST STREET TO MCLEAN. (district VI) Agenda Report No. 97-132. Tract 1 is owned by Riverside Health Systems, Inc. The property is described as the south 20 feet of Lot 32, Sim Park Gardens, Wichita, Kansas. The property owner has agreed to sell for $2,080 or $2.00 per square foot. The funding source is General Obligation Bonds. The budget of $2,280 includes $2,080 for the acquisition and $200 for closing costs. This is the first acquisition for the project. Motion -- Knight moved that the budget be approved; the Contract be approved; and the Mayor -- carried be authorized to sign the necessary documents. Motion carried 7 to 0. GILBERT/MOSLEY SUPPLEMENTAL AGREEMENT FOR PROFESSIONAL SERVICES FOR GILBERT/MOSLEY PROJECT. Agenda Report No. 97-133. The City entered into a professional services agreement with Stinson, Mag, and Fizzel on November 20, 1990, and supplemental agreements on June 4, 1991, April 7, 1992, October 13, 1992, and May 3, 1994, to provide legal advice on environmental matters relating to the investigation and clean-up of groundwater contamination in the Gilbert/Mosley site. David R. Tripp, of that firm, 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. The fifth supplemental agreement provides authority for an additional $50,000 in legal services and is included in the Gilbert & Mosley TIF budget. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CORRECTIONAL HOUSING SELECTION OF PROGRAM AUDITOR - ALTERNATIVE CORRECTIONAL HOUSING. Agenda Report No. 97-134. The Alternative Correctional Housing Task Force, co-chaired by Council Member Joan Cole and Commissioner Melody Miller, began weekly meetings in February, 1996, to study concerns raised by neighborhoods and the judicial system over alternative correctional housing. These community-based living arrangements provide structured residential facilities as an alternative to incarceration in state penal institutions or in the County jail. As a result of the Task Force's meetings, research, and public hearings, a preliminary report was prepared which provided a series of recommendations for regulation and licensing of such facilities. The City Council adopted an ordinance in October, 1996, which incorporated the recommendations of the Task Force. One of the regulations contained in the adopted ordinance governing the operations of alternative correctional housing requires facilities to obtain a program audit. The audit must address 26 conditions for operation. Audit services will be paid for by the alternative correctional housing providers. The City initiated a request for proposal for audit services and received two proposals. The ordinance requires that the Alternative Correctional Housing Board make a recommendation to the City Council and County Commission on program audit services. The proposal recommended by the Board is from Dr. Delores Craig-Moreland, with the Hugo Wall School of Urban and Public Affairs, Wichita State University. Dr. Craig's proposal includes the following three steps: preparation of a technical support package of instructions for each applicant for licensure; the provision of technical assistance to applicants; and the auditing of applicants to insure that standards are met. The program audit services are paid for by alternative correctional housing service providers. Delores Craig-Moreland's proposal provided a total budget of $9,749 for audit services. It is estimated that each provider will pay approximately $350 for a program audit. Motion -- Knight moved that Delores Craig-Moreland be approved as the contractor for program audit services; and the Mayor be authorized to sign the Contract. -- carried Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First read 2/4/97) ORDINANCE NO. 43-367 Annexation A 97-5 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. A 97- 5 ORDINANCE NO. 43-368 Annexation A 97-6 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. A 97- 6 ORDINANCE NO. 43-369 Murdock An Ordinance declaring Murdock Avenue, from Waco to Wabash (472- 82026 and 472-82473), to be a main trafficway within the City of Wichita,Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-370 Maple/Lewis Bridge An Ordinance declaring the Maple/Lewis Bridge over the Arkansas River (472-82720), to be a main trafficway within the City of Wichita,Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCE NO. 43-371 Zoning Z-3208 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3208 PLANNING AGENDA Marvin Krout Director of Planning stated that Items 48, 49, 52, and 53 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 48, 49, 52, and 53 be approved as -- carried consensus Items. Motion carried 7 to 0. V-1974 V-1974 - REQUEST TO VACATE A STREET RIGHT-OF-WAY AND A CONTINGENT DEDICATION AND BUILDING SETBACK LOCATED IN AN AREA EAST OF RIDGE ROAD AND SOUTH OF 13TH STREET NORTH. (District V) Agenda Report No. 97-135. Staff Recommendation: Approve vacation of street right-of-way and a contingent dedication and building setback. MAPC Recommendation: Approve vacation of street right-of-way and a contingent dedication and building setback. (11-1) The applicant is requesting the vacation of an unused (half street) street right-of-way and building setback on a platted lot, and contingent dedication of (half) street right- of-way on an abutting unplatted tract in order to fully develop this area. The street right-of-way and contingent dedication and building setback are not currently being used and are no longer necessary for the development of this area as the surrounding area is already fully developed and the areas proposed for vacation are better suited for development by the applicant. City Engineering has indicated that this vacation is acceptable. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. One Commissioner opposed the request because it did not include a guarantee construction of access to North Shore Blvd. No members of the public addressed the MAPC in opposition to this request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-1979 V-1979 - REQUEST TO VACATE CONTINGENT STREET DEDICATION LOCATED IN AN AREA WEST OF KESSLER AND SOUTH OF PAWNEE. (District IV) Agenda Report No. 97-136. Staff Recommendation: Approve vacation of contingent street dedication. MAPC Recommendation: Approve vacation of contingent street dedication. (unanimous) The applicant is requesting vacation of a contingent street dedication in order to increase the buildable area of this lot. The street dedication currently remains unused and, based on development in this area, City staff has indicated that it is longer necessary. City Engineering has indicated that this vacation is acceptable, subject to retaining a portion of the area on two abutting lots as a utility easement. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. No members of the public addressed the MAPC in opposition to this request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Documents Dedication of Utility Easement - Part Lot 6, Westport Industrial Park Fourth Addition. Motion -- Knight moved that the public hearing be closed, the vacation and dedication be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the Dedication be recorded with the Register of -- carried Deeds. Motion carried 7 to 0. V-1998 V-1998 - REQUEST TO VACATE UTILITY AND SANITARY SEWER EASEMENT LOCATED IN AN AREA WEST OF WEST STREET AND NORTH OF ST. LOUIS. (District IV) Agenda Report No. 97-137. Staff Recommendation: Approve vacation of utility and sanitary sewer easement. MAPC Recommendation: Approve vacation of utility and sanitary sewer easement. (unanimous) The applicant is requesting the vacation in order to construct an Autozone auto parts store on this lot. The existing sewer line in the area of this vacation has been abandoned and all necessary relocations have been made by the applicant. The applicant has complied with all other conditions set forth by the MAPC. City Engineering has indicated that this vacation along with the dedication of a substitute utility easement is acceptable. No members of the public addressed the MAPC in opposition to this request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Documents Substitute Utility Easement. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation and substitute easement be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the utility easement be recorded -- carried with the Register of Deeds. Motion carried 7 to 0. V-2012 V-2012 - REQUEST TO VACATE BUILDING SETBACK LOCATED IN AREA SOUTH OF 34TH STREET NORTH AND WEST OF WEBB ROAD. (District II) Agenda Report No. 97-138. Staff Recommendation: Approve vacation of building setback. MAPC Recommendation: Approve vacation of building setback. (unanimous) The applicant is requesting the vacation of a portion of a building setback in order to clear the title to this property. The building on this lot was inadvertently built 3.3 feet into the 35 foot platted building setback along Webb Road. City Engineering has indicated that this vacation is acceptable. No members of the public addressed the MAPC in opposition to this request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2013 V-2013 - REQUEST TO VACATE ACCESS CONTROL LOCATED IN AN AREA EAST OF ROCK ROAD IN AN AREA SOUTH OF HARRY. (District II) Agenda Report No. 97-139. Staff Recommendation: Approve vacation of access control. MAPC Recommendation: Approve vacation of access control. (unanimous) This request is being made in order to vacate access control in an area on the east side of Rock Road and south of Harry. The applicant has indicated that this vacation is necessary to alleviate traffic circulation problems for the businesses located on this lot. Due to heavy traffic at the intersection of Rock Road and Harry, ingress and egress from the northern part of this site is quite difficult especially at peak traffic times. An additional access at the south part of the lot will alleviate the congestion associated with this busy intersection. Traffic Engineering has indicated that this vacation of access control is acceptable. No members of the public addressed the MAPC in opposition to this request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2014 V-2014 - REQUEST TO VACATE A PORTION OF A BUILDING SETBACK IN AN AREA NORTH OF PAWNEE AND EAST OF 119TH STREET WEST. (District V) Agenda Report No. 97-140. Staff Recommendation: Approve vacation of a portion of a building setback. MAPC Recommendation: Approve vacation of a portion of a building setback. (unanimous) The applicant is requesting this vacation in order to bring the existing house on this lot into conformance with current platted building setbacks. The house on this lot was inadvertently constructed approximately 10 feet into the 25 foot platted street side yard setback along Lotus Street. City Engineering and the utility companies have indicated that this vacation is acceptable. No members of the public addressed the MAPC in opposition to this request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2015 V-2015 - VACATE A PORTION OF PAWNEE AND WOODLAWN, AREA SOUTHEAST OF I-35. (Item No. 48) Agenda Report No. 97-141. MAPC Recommendation: Approve, subject to conditions. Staff Recommendation: Approve, subject to conditions. The applicant is requesting to vacate a portion of Pawnee and Woodlawn in an area southeast of I-35. The applicant desires to use this area for the development of and access to the Cessna Aircraft Company. The street right-of-way for Pawnee and Woodlawn will no longer be used because of the realignment of Pawnee, therefore freeing this area up for development by Cessna, which owns the property adjacent to the area proposed to be vacated. County Engineering indicated that this vacation is acceptable. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. Those conditions; 1) The entire vacated street right-of-way will be retained as a utility easement. 2) The requested vacation shall remain a public street right-of-way until Pawnee relocations completed as determined by County engineering and 3) Any relocation and/or reconstruction of utilities made necessary by this vacation will be the responsibility of the applicant, are included in the vacation order for this request. No members of the public addressed the MAPC in opposition to these requests. Motion -- carried Knight moved that the vacation request be approved. Motion carried 7 to 0. S/D 96-51 S/D 96-51 - PLAT OF THE ANAYA ADDITION LOCATED WEST OF BROADWAY AND NORTH OF 31ST (Item No. 49) STREET SOUTH. (District III) Agenda Report No. 97-142. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Sidewalk 100 Percent Petition for construction of a sidewalk on the south side of Carp from the west line of Broadway to approximately 382 feet west of Broadway, Project No. 472-82800 (west of Broadway, south of the Arkansas River) $6,500 S.A. (Hold for development) Documents Certificate of Petitions. Motion -- Knight moved that the Petition be approved and the Resolution be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-027 Resolution of findings of advisability and Resolution authorizing construction of a sidewalk on the south side of Carp from the west line of Broadway to approximately 382 feet west of Broadway, Project No. 472-82800 (west of Broadway, south of the Arkansas River) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. S/D 96-87 S/D 96-87 - PLAT OF THE COMOTARA POWER CENTER THIRD ADDITION LOCATED SOUTH OF (Item No. 50) 36TH STREET NORTH AND WEST OF ROCK ROAD. (District II) Agenda Report No. 97-143. Staff Recommendation: Approve plat. MAPC Recommendation; Approve plat. Motion -- Knight moved that the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. DR 96-20 DR 96-20 - AMENDMENTS TO THE UNIFIED ZONING CODE REGARDING CORRECTIONAL PLACEMENT RESIDENCE, GROUP RESIDENCE AND HALFWAY HOUSE DEFINITIONS; AND THE ZONING IN WHICH THESE USES ARE PERMITTED. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-144. Staff Recommendation: Approve recommended amendments. MAPC Recommendation: Approve 8-0 (unanimous) The City Council and the Board of County Commissioners established the Alternative Correctional Housing Task Force in February 1996. The Task Force was charged with the responsibility to make recommendations which would address concerns expressed by residents concerning correctional housing facilities in their neighborhoods. Neighborhood residents expressed concerns about: the appearance of some correctional residences, what kind of offenders were permitted to live in the residence, number of homes allowed in a given neighborhood and level of supervision and type of rehabilitation programs offered at the residence. The Task Force began weekly meetings in February 1996 and issued their report in July 1996. In addition to the licensing requirements previously acted upon by the governing body, the Task Force recommended amendments to the definitions in the Unified Zoning Code dealing with correctional placement residences, group residence and halfway houses. It was felt that the current definitions for these three uses were contributing to the confusion that exists in effectively defining what type of offenders could reside in a given house and in which zoning district a given facility should be permitted. On January 16, 1997 the MAPC held a public hearing regarding the Task Force's proposals. By a unanimous vote the MAPC voted to recommend the following amendments: I. Correctional Placement Residence (CPR) Currently CPRs are divided into two different types - front-ended and back-ended. Front-ended facilities are for individuals who have been placed in the facility prior to or instead of being sent to a prison, or as part of a local sentence of one year or less. This category includes people with deferred or suspended sentences. Front-ended facilities can currently be located "by-right" in the CBD, LI and GI districts, if they are located at least 750 feet away from residential zoning. If residential zoning is within 750 feet, a conditional use is required. Front-ended facilities can be permitted, with a conditional use, in the RR, SF-20, B, NO, GO, NR, LC, GC districts. Back-ended facilities are for people who are at the end or near the end of a prison sentence, but they could be released from jail or prison to complete their sentence in a structured residential living arrangement. Back-ended facilities are permitted "by-right" in the CBD, LI and GI districts, if there is not any residential zoning within 750 feet. If there is residential zoning within 750 feet, a conditional use is required. Back-ended facilities can also be approved as a conditional use in the County's RR and SF-20 districts. The Task Force found that, in fact, almost all existing facilities were comprised of both "front-ended and back-ended" individuals, and it was impractical to separate these two populations. Their proposal is to eliminate the distinction between front-ended and back-ended populations; combine the two populations into one definition, and distinguish the facilities only on a size basis: Those facilities with 3-15 people and those with more than 15. Facilities with 3-15 people would be allowed "by-right" in the GO, NR, LC, GC, CBD, LI and GI districts, if they are located greater than 750 feet away from residential zoning; if not, then a conditional use is required. With a conditional use, facilities housing 3-15 people can be approved in the RR, SF-20 and NO districts. Facilities with more than 15 people would be permitted "by- right" if no residential zoning is within 750 feet in the GO, LC, GC, CBD, LI and GI districts. If residential zoning is located within 750 feet, a conditional use would be required. As a conditional use, facilities with no more than 15 people could be approved in the RR, SF-20 and NO districts. New definitions: Correctional Placement Residence means a facility for individuals or offenders that provides residential and/or rehabilitation services for those who reside or have been placed in such facilities due to any one of the following situations: (a) prior to or instead of being sent to prison; (b) received a conditional release prior to a hearing; (c) as part of a local sentence of not more than one year; (d) at or near the end of a prison sentence, such as a state operated or franchised work release program, or a privately operated facility housing parolees; (e) received a deferred sentence and placed in facilities operated by community corrections or (f) require court ordered guidance services for alcohol or chemical dependence. Such facilities shall comply with the regulatory requirements of a federal, state or local government agency; and if such facilities are not directly operated by a unit of government they shall meet licensure requirements which further specify minimum service standards. Correctional Placement Residence, Limited means a facility occupied by 3 to 15 individuals, including staff members who may reside there. Correctional Placement Residence, General means a facility occupied by more than 15 individuals, including staff members who may reside there. II. Group Residence The current definition is "a residential facility providing cooking, sleeping and sanitary accommodations for a group of people, not defined as a family, on a weekly or longer basis. Typical uses include fraternity or sorority houses, dormitories, residence halls, boarding or lodging houses, children's homes, and emergency shelters for the homeless and for victims, abuse or neglect. The term group residence does not include group homes or halfway houses." The Task Force proposal was to add the following to the group residence typical use list: children in need of care under the Code for the Care of Children, and establishments providing guidance services for persons receiving non-court ordered alcohol or chemical dependence treatment. The reference to "children in need of care under the Code for the Care of Children" was included since most of the task force members did not think youth facilities, like the Sedgwick County Youth Aftercare Program house, should be treated the same as adult facilities. New definitions: Group Residence means a residential facility providing cooking, sleeping and sanitary accommodations for a group of people, not defined as a family, on a weekly or longer basis. Typical uses include fraternity or sorority houses, dormitories, residence halls, boarding or lodging houses, children's homes, children in need of care under the Code for Care of Children and emergency shelters for the homeless and for victims of crime, abuse or neglect and includes establishments providing guidance services for persons receiving non-court ordered alcohol or chemical dependence treatment. Establishments providing alcohol or chemical dependence treatment shall comply with all applicable regulatory requirements of federal, state or local government agencies. The term 'group residence' does not include 'group home' or 'correctional placement residence.' Group Residence, Limited means a group residence that is occupied by six to fifteen persons, including staff members who reside in the facility Group Residence, General means a group residence that is occupied by more than fifteen persons, including staff members who reside in the facility. III. Halfway House The current definition for halfway house is: a residential facility for people who have been institutionalized for various reasons and released, for whom operation in society is difficult and requires the protection of a group setting to facilitate the transition to a functional member of society, and which provides shelter, supervision, and residential rehabilitative services for its occupants for a period of time longer than one week. The term "halfway house" does not include "correctional placement residence," but it does include establishments providing guidance services for persons recovering from alcohol or chemical dependence." The Task Force proposal was to delete this use from the code because it has led to confusion in enforcement. The proposed amendments, along with the recently approve licensing standards, address the differing concerns expressed by both neighborhood residents and facility providers. Neighborhood residents wanted assurances regarding locational and operations standards and more active enforcement of those standards; while the facility providers wanted assurance that they would be able to continue to operate their businesses. Enforcement staff expressed a need for the definitions in the zoning code to match the definitions in the new licensing requirements so that they could provide effective enforcement. The net result of the recommendation regarding which zoning districts should permit correctional placement residences is a combination of tradeoffs when compared to current regulations. With the existing code, "back ended" individuals cannot be housed in any zoning district except the CBD, LI and GI district. With the task force's proposal to not make a distinction between "front-ended" and "back-ended" residents, the new proposal would allow those facilities to potentially be located in all the non-residential zoning districts, except OW and IP. In exchange for the relaxation of this requirement, "front-ended" correctional placement residences would no longer be permitted in the "B" Multiple Family district. The proposed amendments clarify that non-court- ordered drug and alcohol treatment and "children in need of care" are included in "group residence" definition. Deletion of the term "halfway house" will lessen the opportunity for permitting uses in inappropriate districts, and makes it easier to categorize uses correctly. Council Member Gale momentarily absent. Motion -- Cole moved that the proposed amendments to the Unified Zoning Code be approved -- carried and the Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance providing amendments to Section II.B.3; Section II.B.5.k; Section II.B.6; Section III.B; Sections III.B.2.c.(2), 3.c.(2), 11.c.(2), 12.c.(2), 13.c.(2), 14.c.(2), 15.c.(2), 16.b.(2), 19.b.(2), 20.b.(2); Section III.D. use regulation schedule; Section III.D.6.h; and Section IV.A.4 of the Wichita-Sedgwick County Unified Zoning Code, adopted by reference in City of Wichita code Section 28.04.010, dealing with definitions and allowed uses of "correctional placement residence", "correctional placement residence, front-ended", correctional placement residence, back-ended", "halfway House", "halfway house limited", "halfway house general", "halfway house commercial", and "group residence", introduced and under the rules laid over. A 97-7 A97-7 - REQUEST TO ANNEX PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED WEST OF THE NORTHWEST CORNER OF 135TH STREET WEST AND MAPLE - MARYAN E. THOMAS. (District V) Agenda Report No. 97-145. Maryan E. Thomas has requested that her property be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the February 11, 1997 City Council meeting. The tract of land is approximately 3.37 acres in size. The property is located west of the northwest corner of 135th Street West and Maple. The current use of the property is agriculture. The proposed use of the property is for Office and Commercial use. The current zoning of the property is "SF-20" Single-Family district under the new Wichita- Sedgwick County Unified Zoning Code. It will convert to the City's "SF-6" Single-Family district upon annexation. The property owner and the prospective owner of Riverside Health Systems, are requesting a zone change from "SF-20" Single-Family Residential to "GO" General Office. This case was heard by the MAPC on January 30, 1997. The area to the north and west is zoned "SF-20" Single-Family residential but is being used for agricultural purposes. Property owned by Riverside Health System, Inc., that was approved for 3 acres of "GO" General Office zoning by the Board of County Commissioners on July 17, 1996, lies directly to the east. The property located at the northeast corner of this intersection (across the street) was recently recommended for approval (3.5 acres of "LC" Limited Commercial zoning) by the Metropolitan Area Planning Department (MAPC) on December 19, 1996. The Auburn Hills Commercial Unit Plan is located on 12 acres at the southeast corner, and the recently approved Auburn Hills II Commercial Unit Plan is located on 6 acres at the southwest corner of the same intersection. The City Engineer's office indicates that city water lines are available for this site. Water service is located across the street to the east at the northeast corner of 135th Street West and Maple. The 16 inch main will have to be extended west along Maple. Municipal sewer service is available approximately mile to the north of the site, on the east side of 135th Street. Maple is currently a 2-lane paved section-line road, while 135th Street West is an unimproved section-line road. The 2020 Transportation Plan identifies 135th Street West and Maple at this site as remaining 2-lane roads; however, the City's adopted Capital Improvement Program (CIP) shows plans to pave 135th Street West from Maple to Central in 2001. The CIP for the City of Wichita also plans to widen Maple between 119th Street West to 135th Street West to 4-lanes in 2002. Traffic volumes along 135th Street West and Maple at this site is below current and projected capacity. Fire protection can be extended to the requested annexation area within a 3 minute response time from City Fire Station No. 17, located at 10651 W. Maple. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department. The closest city park to the area is Meadows Park, which is less then 1 mile from the site. The park is located at Maple and 119th Street West and is 96.38 acres. Four additional acres were added to this land in 1995. This land is minimally developed and was planned to be a natural area. However, the park site may be made part of the newly proposed Auburn Hills Gulf course which lies to the southwest. The property is located in School District 265 (Goddard District) and will remain so after annexation has occurred. This property is located within the urban growth area of the City of Wichita as delineated by the comprehensive plan for the metropolitan area, and is also inside the Policy 32 urban service area. The property is located within an area that can be served with city public services. The property owners will be responsible for the cost of connecting to water and sewer when the service is requested. At the MAPC zoning hearing, the agent for Riverside explained that they intend to build a clinic on the abutting corner parcel at some future date, and reserve this land for expansion with private medical offices. The owners have projected property values of $1,600,000 for a medical clinic, with a value of $40 per square feet. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A 97-7 A 97-8 A97-8 - REQUEST TO ANNEX PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED AT THE NORTHWEST CORNER OF 135TH STREET WEST AND MAPLE - RIVERSIDE HEALTH SYSTEMS, INC. (District V) Agenda Report No. 97-146. Riverside Health Systems, Inc. has requested that its property be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the February 11, 1997 City Council meeting. The tract of land, measured from the west line of 135th Street West and including all of Maple, is approximately 4.26 acres in size. The property is located at the northwest corner of 135th Street West and Maple. The proposed annexation site is currently in the process of being platted, a final plat went before the Metropolitan Area Planning Commission (MAPC) on September 12, 1996. The current use of the property is agriculture. The proposed use of the property is for Office and Commercial use. The current zoning is "SF-20" Single-Family district under the new Wichita-Sedgwick County Unified Zoning Code. It will convert to the City's "SF-6" Single-Family district upon annexation. The property owners have received approval from the Board of County Commissioners to rezone the "SF-20" Single- Family Residential district to "GO" General Office district. Upon annexation, and when the plat (approved in September by MAPC) is submitted to the City Council for approval, the ordinance enacting the "GO" General Office will be approved. The "GO" General Office district will accommodate the proposed use of the property. The surrounding area is predominately zoned "SF- 20" Single-Family Residential with agricultural uses to the north, south, and west. The recently approved Auburn Hills Commercial Community Unit Plan is located on 12 acres of the southeast corner of the same intersection. City water lines are available for this site. Water service is located across the street to the east at the northeast corner of 135th Street West and Maple. The 16 inch main will have to be extended west along Maple. Municipal sewer service is available approximately mile to the north of the site, on the east side of 135th Street. Maple is currently a 2-lane paved section-line road, while 135th Street West is an unimproved section-line road. The 2020 Transportation Plan identifies 135th Street West and Maple at this site as remaining 2-lane roads; however, the City's adopted Capital Improvement Program (CIP) shows plans to pave 135th Street West from Maple to Central in 2001. The CIP for the City of Wichita also plans to widen Maple between 119th Street West to 135th Street West to 4-lanes in 2002. Traffic volume along 135th Street West and Maple at this site is below current and projected capacity. Fire protection can be extended to the requested annexation area within a 3 minute response time from City Fire Station No. 17, located at 10651 W. Maple. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department. The closest city park to the area is Meadows Park, which is less then 1 mile from the site. The park is located at Maple and 119th Street West and is 96.38 acres. Four additional acres were added to this land in 1995. This land is minimally developed and was planned to be a natural area. However, the park site may be made part of the newly proposed Auburn Hills Gulf course which lies to the southwest. The property is located in School District 265 (Goddard District) and will remain so after annexation has occurred. This property is located within the urban growth area of the City of Wichita as delineated by the comprehensive plan for the metropolitan area, and is also inside the Policy 32 urban service area. The property is located within an area that can be served with city public services. The property owners will be responsible for the cost of connecting to water and sewer when the service is requested. Property owners have projected property values of $1,600,000 for a medical clinic, with a value of $40 per square feet. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A 97-8 Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to potential litigation and legal advice; preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed no later than 12:25 p.m. in the City Council -- carried Chambers. Motion carried 7 to 0. RECESS Council recessed at 11:57 a.m. and reconvened in regular session at 12:25 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 12:25 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 163 FEBRUARY 11, 1997 Page