MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, April 7, 1998 Tuesday, 9:08 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Lambke, Rogers; present. *Council Members Ferris, Gale, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Bill Reece (Retired). The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. *Council Member Kamen present. Minutes -- The minutes of the regular meeting of March 24, 1998, were -- approved approved 5 to 0. (Ferris, Gale; absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. *Council Member Gale present. NEW BUSINESS IRB - MAPLE GARDENS PUBLIC HEARING: LOW INCOME HOUSING TAX CREDITS AND REQUEST FOR LETTER OF INTENT FOR MULTI-FAMILY HOUSING REVENUE BONDS - MAPLE GARDENS ACQUISITION, L.P. (District V) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-246. Maple Gardens Acquisition, L.P., a Missouri Limited Partnership, has requested issuance of a Letter of Intent to issue multi-family housing revenue bonds in an amount not to exceed $6.5 million. The bonds will finance the acquisition and rehabilitation of the Maple Gardens Apartments, a proposed multi-family housing project for moderate income families, located at 10200 West Maple in west Wichita. The applicant is not requesting an ad valorem tax abatement on the property. In addition to using multi-family housing revenue bonds to finance the project, Maple Gardens Acquisition, L.P. also intends to apply to the Kansas Department of Commerce and Housing for Low Income Housing Tax Credits. Pursuant to City law, the applicant has mailed notices to all property owners within 300 feet of the Maple Gardens property, notifying them that the City Council will consider a letter of intent for revenue bonds and tax credits at its meeting on April 7, 1998. The Maple Gardens Apartments is a 180-unit elderly housing complex located in west Wichita on approximately 14.54 acres of land at Maple Street and Maize Road. The property consists of 8 apartment buildings with a total of 142,760 s.f. of leasable space and includes an office, laundry facilities, whirlpool, library and an exercise room. Each unit has a private patio or balcony. The project is in need of exterior improvements, including parking lot repairs, painting, roofs, and concrete work. The interiors need new appliances and carpeting. Maple Gardens Acquisition, L.P. is a Missouri Limited Partnership organized to acquire, develop and operate this project. The partnership is an affiliate of KelCor, Inc. which has developed similar projects including the 170-unit Oakbrook Apartments in Topeka, Kansas, the 240-unit Broadmoor at Chelsea Apartments in northeast Wichita and the 132-unit Cimarron Apartments in west Wichita. The City Council approved a Letters of Intent for the Cimarron Apartments in November of 1995 and for the Broadmoor at Chelsea in June of 1997. The project is designed and intended to meet the federal tax code requirements for tax-exempt bonds issued for a "qualified residential rental project." At least 40% of the units (72 units) will be reserved for elderly persons with income not greater than 60% of the area's median income. While low income tenants will receive preference in the rental of the qualified units, there will be no rent subsidy resulting from the bonds and all tenants will be subject to the same criteria for acceptance as tenants. The total estimated costs of the project, and the sources of funding are as follows: Sources of Funds Bond Proceeds $ 6,500,000 Borrower's Equity 2,200,000 Total Sources of Funds: $ 8,700,000 Uses of Funds Acquisition of Maple Gardens $ 5,800,000 Rehabilitation Costs 1,300,000 Other Acquisition Costs 250,000 Bond Reserve 400,000 Credit Enhancement 300,000 Cost of Issuance 200,000 Miscellaneous 450,000 Total Uses of Funds: $ 8,70,000 It is anticipated that the bonds will be purchased by Piper Jaffray of Kansas City, Missouri. Bond Counsel for the transaction is the firm of Gilmore & Bell of Kansas City, Missouri and Wichita. The Bonds will be structured similarly to the bonds issued by the City to finance the Chelsea at Broadmoor Apartments and the Cimarron Apartments. Maple Gardens Acquisition agrees to submit an Equal Employment Opportunity/ Affirmative Action Plan and a Water Conservation Plan to the City as a condition for the issuance of the bonds. In conjunction with the City's policy regarding applications for multi-family housing revenue bonds and low income housing tax credits, the applicant has worked with the City's Human Services Department to comply with the public notification requirements. In addition, the applicant made a presentation to CPO Northwest Neighborhood Council for District 5 and received a unanimous recommendation that the project be approved by the City Council. Maple Gardens Acquisition, agrees to pay all costs of issuing the bonds and to pay the City's $2,500 annual administrative service fee for the term of the bonds. Maple Gardens Acquisition does not request an abatement of ad valorem property taxes in conjunction with the issuance of the bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the public hearing be closed and issuance of a Letter of Intent, subject to the following conditions, in an amount not to exceed $6.5 million be approved and the Mayor be authorized to sign: 1. Negotiation of Lease and Sub-lease Agreements, Trust Indenture and Bond Ordinance. 2. Arrangements have been made for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds are in place. 4. Agreement to pay the City administrative fees of $2,500 per year for as long as the bonds are outstanding. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. An approved Equal Employment Opportunity/Affirmative Action Plan is on file with the City prior to issuance of the bonds. 7. An approved Water Conservation Plan is on file with the City prior to issuance of the bonds. 8. Agreement to submit building and site plans to CART (City manager's Aesthetic Review Team) for review and to modify the proposed design to comply with any reasonable CART conditions or recommendations. 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA will be conducted by and independent consultant who is a recognized expert in the area. Multi-Family Housing Revenue Bonds will not be issued if the ESA discloses environmental conditions that might have implications for bond purchasers under the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 10. Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual financial statements to the City. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the bonds. 14. Applicant is required to provide the City with documented evidence that it used procedures that do not exclude qualified Minority-owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) to serve as contractors, subcontractors, engineers, architects, suppliers and vendors on the bond-financed project. -- carried Motion carried 6 to 0. (Ferris absent) Mayor Knight Mayor Knight said Federal Tax Credits are golden and ought to be reserved for compelling public interest projects. 1997 CAFR 1997 COMPREHENSIVE ANNUAL FINANCIAL REPORT. Ray Trail Director of Finance reviewed the Item. Agenda Report No. 98-247. Kansas state law requires an annual audit of all City accounts to be performed by an independent certified public accounting firm at least annually. Additionally, an audit of the City's federal forfeiture program is required by the Bureau of Justice each year. The Comprehensive Annual Financial Report and the report on compliance required by the Bureau of Justice are for the year ended December 31, 1997. The City's Comprehensive Annual Financial Report (CAFR) is designed to provide information needed by interested parties to gain a fair understanding of the government's financial position, results of operations and cash flows. The independent certified public accounting firm of Allen, Gibbs & Houlik, L.C. issued their opinion that the general purpose financial statements present fairly, in all material respects, the financial position of the City as of December 31, 1997, and the results of its operations and the cash flows of its proprietary fund types and component units in conformity with generally accepted accounting principles. The Wichita Public Building Commission and the Wichita Airport Authority are considered component units and have been included in the financial reporting entity as discrete presentations. The Government Finance Officer's Association (GFOA) of the United States and Canada awarded a Certificate of Achievement for Excellence in Financial Reporting to the City for its Comprehensive Annual Financial Report for the year ended December 31, 1996. In order to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized CAFR, with content that conforms to program standards. Staff believes that the 1997 CAFR continues to meet GFOA standards for certification and the City has applied for this recognition. Kansas law requires an annual audit of City financial records by a certified public accounting firm (K.S.A. 75-1122) in accordance with the minimum standard audit program (K.S.A. 75-1123). *Council Member Ferris present. Mark Dick Mark Dick, of Allen, Gibbs & Houlik, L.C., reviewed the Independent Accountants' Report, and said the Report is unqualified; there was compliance with cash basis and budget laws, Federal requirements which could have a material effect on major Federal Grants; and the Internal Control Report showed no material weaknesses. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Comprehensive Annual Financial Report and the Independent Accountants' report of the Department of Justice Forfeiture Program for the year -- carried ended December 31, 1997, be received and filed. Motion carried 7 to 0. SPECIAL ASSESSMENTS ORDINANCE AMENDING PAYMENTS IN LIEU OF ASSESSMENTS WITH PROPOSED POLICY. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-248. On February 24, 1998, the City Council approved proposed changes to the City's current ordinances dealing with the In Lieu of Assessment charges. These payments are charges for properties which were not included in a benefit district for the extension of water or sewer mains and are now requesting connections for water and/or sewer service. The modifications approved by the City Council would authorize designated City Staff to establish an appropriate payment consistent with Special Assessment District charges and representative of historical costs of constructing such utilities when such connections are requested. The City Council authorized the necessary revisions to the ordinances and the policy revisions necessary to implement. The Staff Development Coordinating Committee has studied this issue and recommends changes to the ordinance and the initiation of policy guidelines which allow for modification and discretion in the application of the In Lieu of Assessment fees as they relate to: (1) large single family lots; and (2) redevelopment or infill situations in established areas within the City limits. The proposed policy guidelines govern the (above) two applications and are contained in the revision to the Water and Sewer Departmental Policy and Procedure (Policy #65) establishing the payment of In Lieu of Assessment charges. Currently, charges for water and sewer are calculated using the respective benefit district costs. The water fee for 1997 was $17 per front foot; sanitary sewer was $34 per front foot. For larger lots, this fee may be higher, resulting in potential economic hardship and an obstacle for utility services. The per front foot costs have been determined on the basis of average assessments for representative properties consistent with current ordinance provisions. The In Lieu of Specials charges for single family residential properties are proposed to be capped at an amount not to exceed the established per front foot for water and/or sewer assessments multiplied by one hundred feet of frontage. (Charges may still be lower than this amount if the frontage of the lot is less than one hundred feet.) The proposed revisions to the current Water and Sewer Department Policy # 65 would provide for the Staff's Development Coordination Committee to hear requests for waiver and/or modification of the In Lieu of Assessment fees for properties exhibiting some or all of the following criteria: 1. Inclusion of the property within the corporate limits of the City of Wichita prior to 1970. 2. Potential public benefits relating to the redevelopment or infill of urban properties. 3. Absence or inclusion of adjoining properties in a benefit district at the time of their development. 4. Potential overriding public interest, e.g. the preservation of public health through provision of a public water supply in cases of groundwater contamination, beneficial infill development or redevelopment of targeted neighborhoods. The proposed ordinance modifications amends Chapter 17 (water) and Chapter 16 (sewer); the proposed policy guidelines revisions are contained (above) and provide for designated Staff to act on requests for water/sewer connections. The In Lieu of Assessment fee is primarily assessed from the perspective of equity relating to the ability of individual property owners (in the past) to avoid participation in a benefit district, but to later be able to benefit by connecting to existing water and/or sewer service at minimal cost. Revenue and cost impacts of implementing this policy and ordinance revisions are projected to be minimal due to more encompassing special districts and the decreasing requests for utility connections. In 1997, the In Lieu of Assessment revenues were $46,087 in water and $29,532 for sewer. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the policy guidelines be approved and the Ordinances be placed on -- carried first reading. Motion carried 7 to 0. ORDINANCE An Ordinance amending Section 16.04.040 of the Code of the City of Wichita, Kansas, relating to the payment for connection to the sewer system for properties not included in benefit districts and repealing the original of Section 16.04.040, introduced and under the rules laid over. ORDINANCE An Ordinance amending Section 17.12.065 of the Code of the City of Wichita, Kansas, relating to the payment for connection to the water system for properties not included in benefit districts and repealing the original of Section 17.12.065, introduced and under the rules laid over. PROPERTY DISPOSITION REQUEST TO PURCHASE PROPERTY AT 27TH AND HILLSIDE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-249. The City acquired certain lands in the vicinity of Hillside/Grove and 27th Streets some years ago for public uses, including expansion and protection of the Chisholm Creek/Grove Park corridor, park and opens space usage. J. M. Limited has submitted a proposal to acquire up to 38- acres of this property for private business uses. The developer intends to use the property for manufacturing housing with related functions. The project would be implemented in two phases. Phase #1 would involve construction of a 120,000 sq.ft. modular housing manufacturing plant, staging/storage area, display area for model homes, learning/training center for employees, day care and training housing. Phase #2 provides for the expansion of the manufacturing facility (another 120,000 sq.ft.) with construction of an office building. The developer projects up to 400 jobs once both phases of the development are complete and operational. The offer from J.M. Ltd. is $365,000 which represents the value of the 38-acres of land. In a March 13, 1998, letter from the principals of J.M. Ltd., the offer to acquire this property is conditioned on the City selling 38- acres (as designated on the original development plan) and that the land would be "free and clear of the City's process, including the Development Agreement." Development Coordinating Committee: This Staff Committee has recommended that if the sale of this property is approved by the City Council and Park Board, that a Developer's Agreement be required delineating the responsibilities and intent of the sale and use of the property. The justification for this recommendation is because this property was acquired for specific purposes/uses to protect the park and Chisholm Creek corridor and floodplain from incompatible future development and for other public uses. If this land is to be sold for private purposes and mixed use development, the City has an obligation to meet its original "public purpose" and to protect adjacent properties. Further, requiring a developer's agreement for the proposed development is not unlike other similar agreements involving public lands for specific private development. In considering the sale of this property for the proposed development, the City Council needs to determine whether or not it wishes to sell the amount of acreage requested; the impact upon the original intent of the acquisition of this property for public purposes; the type and appropriateness of zoning that will be requested by the developer; time frame for development; future schedules and commitments to complete the project; and the necessity of a Developer's Agreement with conditions. This land was acquired with Community Development Block Grant funding. Any sale of this property will require the full, appraised market value of the property to be reimbursed to HUD/CDBG. The land in question was not advertised or listed for sale by the City. Since this property was acquired, in part, for park and open space purposes, the Park Board should be consulted prior to sale. In addition, since this property was acquired with federal grant funding, a 30-day public comment period and public hearing is required before any change of use of the property may occur. Council member Kamen left the Bench. Council Member Gale momentarily absent. Charles McAfee Charles McAfee reviewed the plan for the Council and said they are on a fast track to make something happen and need to buy the property as quickly as possible. Part of the land is in the flood plain area and they do not want to build on the flood plain land. Mayor Knight Mayor Knight said the City will have to have a developer's contract as it is part of the City's responsibility with regard to public stewardship. Council Member Kamen Council Member Kamen expressed some trepidation in turning over part of Chisholm Creek to private developers. Charles McAfee Charles McAfee stated that it would be no problem if the City wants to maintain the creek bank. To the north is natural growth and is owned by the City. Access to the south side of Chisholm creek is from Grove. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Rogers Council Member Rogers said there must be a developer's agreement and protection for Chisholm creek/park. Motion -- Rogers moved that the request be approved; the amount of acreage be adjusted to specifically delineate the property that is within the flood plain to accommodate the integrity of the future parks that will be developed all the way down the area, and to accommodate this manufacturing request; the purchase price to be negotiated on an adjusted basis according to the actual amount of acreage; that landscaping be provided in the agreement to accommodate the park acreage and some delineation between the park and the manufacturing; the development agreement include the construction date, site plans, guarantee of performance, and all of the things that are put in development agreements; the Park Department be consulted to specifically delineate the configuration between the Park and this project; and that the Agreement be brought back to the Council as soon as possible within 30 days so that Council Members may give input and the matter can be expedited, subject to the 30 day period comment requirement. Motion carried -- carried 6 to 0. (Kamen absent) CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS & UNSAFE STRUCTURES. Agenda Report No. 98-256. On February 24, 1998 a report was submitted with respect to the dangerous and unsafe conditions of the buildings located on these properties. The Council adopted a resolution providing for a public hearing to be held on these condemnation actions at 10:00 a.m. on April 7, 1998. On February 2, 1998, the Board of Code Standards and Appeals (BCSA) held hearings on the following properties: Property Address Council District 1. 4134 E. Menlo 3 2. 783 N. Edwards 6 3. 833 W. Dayton 6 4. 519 S. All Hallows 4 5. 4715 W. Newell 4 6. 509 N. Doris 4 Pursuant to State Statute the Resolutions were duly published twice on February 25, 1998, and March 4, 1998. A copy of each resolution was sent by certified mail or given personal service delivery to the owners and lien holders of record of each described property. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared on property address numbers 1, 4, and 5. Motion -- Knight moved that for properties 1, 4, and 5, the public hearing be closed; the resolutions declaring the buildings dangerous and unsafe structures be adopted; the BCSA recommended action to proceed with condemnation allowing 10 days to start demolition and 10 days to complete removal of the structure be accepted. Any extensions of time granted to repair the structure would be conditioned on the following: (1) All taxes have been paid to date, as of April 7, 1998; (2) the structure(s) has/have been secured as of April 7, 1998 and will continue to be kept secured, and (3) the premises are mowed and free of debris as of April 7, 1998 and will be so maintained during renovation. If any of the above conditions are not met, the Office of Central Inspection will proceed with demolition. -- carried Motion carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-091 A Resolution finding that the structure located on Lot 34, Block E, Hilltop Manor Addition to Wichita, Sedgwick County, Kansas, commonly known as 4134 East Menlo, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-98-094 A Resolution finding that the structure located on Lots 25, 27, 29, and 31, Block 4, Dugan's Addition to Wichita, Sedgwick County, Kansas, commonly known as 519 South All Hallows, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-98-095 A Resolution finding that the structure located on Lots 1 and 2, Block 3, Orchard Park Addition to Wichita, Sedgwick County, Kansas, commonly known as 4715 West Newell, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. (2) 2783 N. Edwards District VI Kurt Schroeder Superintendent of Central Inspection reviewed the Item. The new owner said Riverside Hospital is interested in purchasing the property and is asking for 60 days to try to close the sale. Staff would recommend 60 days to sell the property. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Raymond Cain Raymond Cain, 759 North Edwards, said he acquired the property six to eight months ago and has kept the property secured and the premises cleaned. Motion -- Cole moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of -- carried these findings. Motion carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-092 A Resolution finding that the structure located on Lot 16, Sim Park Gardens Addition to Wichita, Sedgwick County, Kansas, commonly known as 783 North Edwards, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cole moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. (3) 833 W. Dayton District VI Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Ms. Stanley Ms. Stanley, 1321 South Minnesota, said she is a secretary for Mr. Dodd, owner of the property. She notifies maintenance of any problems with the property and they take care of repairs or clean-up. She requested 60 days to complete repairs. Motion -- Cole moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of -- carried these findings. Motion carried 5 to 1. (Kamen absent) Ferris - No. RESOLUTION NO. R-98-093 A Resolution finding that the structure located on Lots 46 and 48, Dayton Avenue, Glendale Addition to Wichita, Sedgwick County, Kansas, commonly known as 833 West Dayton, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cole moved that the Resolution be adopted. Motion carried 5 to 1. (Kamen absent) Yeas: Cole, Gale, Lambke, Rogers, Knight. Nays: Ferris. Council Member Rogers left the Bench. (6) 509 N. Doris District IV Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Mayor Knight left the Bench; Vice Mayor Cole in the Chair. Vice Mayor Cole Vice Mayor Cole inquired if anyone wished to be heard. The new owner requested 60 days to complete repairs and said he would pay the taxes within two weeks. Motion -- Gale moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, 60 days be given to alleviate the findings and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid within two weeks and be kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Gary Rebenstorf Director of Law said documentation of purchase of property should be provided to Staff. -- carried Motion carried 5 to 0. (Kamen, Rogers; absent) RESOLUTION NO. R-98-096 A Resolution finding that the structure located on Lot 9, Block 9, Fruitvale Park Addition to Wichita, Sedgwick County, Kansas, commonly known as 509 North Doris, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Kamen, Rogers; absent) Yeas: Cole, Ferris, Gale, Lambke, Knight. HUD CONSOLIDATED PLAN HUD CONSOLIDATED PLAN - 1998-99 ONE YEAR ACTION PLAN. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-253. On March 17, 1998, the City Council conducted a public hearing and approved funding allocations for the 1998-99 Consolidated Plan. The approved Plan comprises the One Year Action Plan and includes Community Development Block Grant funding allocations, HOME investment funds, and Emergency Shelter Grant funds. To receive these federal funding allocations, HUD requires cities to prepare One Year Action Plans listing projects and services to be undertaken, their location and proposed activities. The proposed One Year Action Plan is to be submitted for public comment prior to final adoption by the City Council. The City's preliminary 1998/99 One Year Action Plan lists the federal resources expected to be available from various grant assistance programs to address priority needs ( as adopted by the City Council), a description of the activities to be funded by the City Council, the geographic location of the activities and homeless, and other special needs and activities to be undertaken during the fiscal year. The 1998/99 One Year Action Plan covers the period beginning July 1, 1998, and ending June 30, 1999. The proposed Plan also includes unobligated funds from program income and previously funded project balances. These funds will be used to finance previously approved projects by the City Council but not yet expended. Any funds remaining from these prior designated and approved projects/activities would be available for future allocation. The 1998-99 Consolidated Plan totals $7,607,560 and is comprised of grant funds and estimated income (primarily derived from revolving funds such as Historic Loans). The other funds include program income, balances from completed projects, and deobligated funds previously approved for Community Development Coalition. All of the Consolidated Plan funds have been previously allocated by the City Council and committed to revolving funds or reserved for City Council priorities. The City has met all federal requirements to proceed with issuance of a preliminary One Year Action Strategy. A thirty day public comment period is required, beginning April 10, 1998 and ending on May 10, 1998. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the proposed 1998/99 One Year Action Plan, as an amendment to the City's Consolidated Plan, be approved and implementation of the public comment -- carried period be authorized. Motion carried 5 to 0. (Kamen, Rogers; absent) EATON BLOCK REQUEST TO RETAIN BUILDINGS - EATON BLOCK. Terry Kollmai Development Assistance Director reviewed the Item. Agenda Report No. 98-254. On February 3, 1998, the City Council approved the selective demolition of buildings located at 505 and 507 E. Douglas. The recommendation to approve this demolition was based on the structural analysis completed of these properties by Dudley Williams & Associates which indicated that heavy snow could cause further collapse of the buildings. MetroPlains has requested that the City temporarily delay these demolition plans until the Preferred Developer can ascertain alternative approaches to preserve the opportunity of historic tax credits being available for these properties. When using historic tax credits, critical historic components must remain in place in order for the property to meet the National Park Service guidelines. The guidelines indicate that a minimum of three walls must remain, in addition to select historic features, in order for there to be enough critical mass of existing building left to qualify for the credits. One of the first steps in the redevelopment of the Eaton Block Properties is the preliminary assessment of the entire block, including the creation of an alternative approach to stabilize the facade and the adjoining walls for 505 and 507 E. Douglas. The Preferred Developer anticipates having an alternative approach developed within two to three weeks. There is no cost associated with the delay of the demolition. The City will continue to have potential liability for any failure of the roof and walls if that failure causes property damage or personal injury. Delaying the demolition won't increase the City's liability. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the selective demolition of 505 and 507 E. Douglas be delayed until the Preferred Developer can analyze options for stabilization. Motion -- carried carried 5 to 0. (Kamen, Rogers; absent) Council Member Rogers present. NEIGHBORHOOD PLAN NEIGHBORHOOD REVITALIZATION PLAN. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-185 A. On March 17, 1998, the City Council gave final consideration to the proposed Neighborhood Revitalization Plan. At this meeting, the City Council approved specific elements of the plan including: (1) amount and term of the tax rebates; (2) infill housing incentives to be offered with the program; (3) approval of funding sources, including economic development loans, and targeting existing CDBG, HOME and Neighborhood Stabilization funds in the Local Investment Areas. Because of concerns expressed by a Council member pertaining to the Neighborhood Area boundaries and proposed Local Investment Areas ILIA), the City Council deferred final approval of the Neighborhood Revitalization Plan and the implementing ordinance and authority to prepare the Interlocal Agreements with Sedgwick County and USD #259 (until the boundaries of the Neighborhood Revitalization Areas and Local Investment Areas are designated). The proposed Neighborhood Revitalization Plan addresses the legal requirements for both the implementation of the State Neighborhood Revitalization Act and the HUD Neighborhood Revitalization Strategy Areas. The Neighborhood Revitalization Plan utilizes authority Kansas cities have under State law to provide tax rebates to owners in designated neighborhood revitalization areas as an incentive for improving private property. The Plan also focuses HUD, CDBG, and HOME funding in Local Investment Areas to provide a significant visual impact on specific areas and to provide an incentive for private investment. If approved, the Plan would begin July 1, 1998 and terminate June 30, 2003, unless extended by the City Council. The City Council will have the option to review the Plan annually (or sooner) and make any appropriate adjustments in the various elements of the Plan. Council Suggested Boundaries for LIA: It has been suggested that the Council approve an expansion of the Northeast Local Investment Area to include the area bounded by Washington on the west, 8th Street on the south, Oliver on the east, and 25th Street on the north. Because the area north of 17th Street, between Hillside and Oliver to 25th Street (WSU and Crestview Lakes) is not low or moderate income, and does not contain a substantial or eligible number of deteriorated structures, it appears to Staff that this area has to be excluded from consideration. The remainder of the proposed expanded Local Investment Area could be considered, if desired by the City Council. If the area is included, it will require the original Neighborhood Revitalization Area boundaries also be adjusted to incorporate this expanded area. An increase in the size of the Local Investment Areas may reduce the available financial resources and lessen the impact from targeted CDBG and HOME funds in the Local Investment Areas. The Local Investment Area boundaries are a matter of local determination. However, HUD will review the amount of funds directed to the Local Investment Areas. HUD expects a significant amount of CDBG and HOME funds to be targeted and expended in the Local Investment Areas. The public hearing on this proposed Revitalization Plan was held and closed on March 17, 1998. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Cole Council Member Cole asked the Council to consider 100 percent waiver of plant equity fees. Council Member Gale Council Member Gale suggested the waiver of plant equity fees and hook-ups be extended to new and existing residential areas. Motion -- Rogers moved that the Neighborhood Revitalization Plan Area boundaries, as shown on Map 2 be designated and approved; The Local Investment Areas, as shown on Map 2 be designated and approved; the Neighborhood Revitalization Plan be adopted and the Ordinance be placed on first reading; support and participation from Sedgwick County and School District #259 be requested and the Interlocal Agreements necessary to implement the rebate program be authorized and the Mayor be authorized to sign; Staff be asked to bring implications of the waiver of 100 percent infill housing and water plant and equity fees for Council consideration; and the Neighborhood Revitalization program be reviewed in detail after the first year of operation (or sooner), to determine any necessary revisions or -- carried adjustments to make the program more effective. Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance to adopt a Neighborhood Revitalization Plan and designate the areas within the City of Wichita, Kansas, to be included within such Plan, introduced and under the rules laid over. PAVING ASSESSMENTS PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR PAVING PROJECTS. Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 98-251. On March 3, 1998, the Council was notified that the proposed assessment rolls for improving the following streets had been prepared and were on file in the office of the City Clerk for public inspection: a. (405-161/706077/472-82481) - Improving of Tyler Road, from the north line of Bradford South Addition to the south line of Bradford South Addition, (north of 21st), as authorized by Resolution No. R-94-298, adopted July 12, 1994, and published July 15, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $133,162.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. b. (435-179/791509/472-82692) - Acquisition of a parking facility located on the east side of Waco from approximately 149 feet north of Douglas to approximately 467 feet north of Douglas, as authorized by Resolution No. R-96-069, adopted February 27, 1996, and published March 1, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved October 21, 1997 in the amount of $1,620,000.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. c. (490-072/605980/472-81822) - Improving of 27th Street North and Parkwood; Parkwood Court from the east line of Parkwood to and including cul-de-sac, as authorized by Resolution adopted August 16, 1988, and published August 19, 1988. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $218,516.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. d. (490-403/763003/472-82386) - Improving of Pawnee Avenue from Maize Road to the east line of the plat, Wilderness at the Park (south of Pawnee, east of Maize) , as authorized by Resolution No. R-93-456, adopted November 16, 1993, and published November 19, 1993. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $95,605.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. e. (490-404/763011/472-82568) - Improving of Pawnee from the east line of Maize Road to the east line of Crestline to serve Prairie Woods Addition, as authorized by Resolution No. R-95-152, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $45,675.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. f. (490-442/763391/472-82629) - Improving of Tyler Road from the north line of Sterling to the south line of Lot 1, Block 2, Northridge Lakes 2nd Addition (east of Tyler, north of 21st Street North), as authorized by Resolution No. R-95-433, adopted September 12, 1995, and published September 15, 1995; and Rescinding Resolution No. R-96-338, adopted September 10, 1996, published September 13, 1996, and corrected and re-published February 27, 1998. Petition for this improvement was signed by owners representing 90 percent of the property ownership. The Statement of Cost approved $293,608.00 in the amount of $293,608.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. g. (490-448/763458/472-82611) - Improving of a left turn lane from the south line of Meadow Pass as platted in Northridge Lakes to the north line of Central Park as platted in Bradford South Addition, together with a decel lane to serve Meadow Pass (east of Tyler, north of 21st), as authorized by Resolution No. R-95-341, adopted July 25, 1995, and published July 28, 1995; and Rescinding Resolution No. R-96-337, adopted September 10, 1996, and published September 13, 1996. Petition for this improvement was signed by owners representing 67 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $33,976.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. h. (490-459/763565/472-82667) - Improving of University and Summitlawn, Scouller, Ralstin, Howe, Fairhaven, Winterset, and Winterset Court in Westerlea Village Addition (south of Maple, east of Ridge) , as authorized by Resolution No. 96-002, adopted January 9, 1996, and published January 12, 1996. Petition for this improvement was signed by owners representing 58 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $596,863.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a square foot basis. i. (490-465/763623/472-82686) - Improving of Shadowridge from the west line of Parkwood, west to the east line of Beacon Hill Road; and, Shadowridge Court adjacent to Lots 1 through 10, Block 2, of said Meadow Oaks 2nd Addition (south of 29th Street North, west of Woodlawn), as authorized by Resolution No. R-96-052 adopted February 13, 1996, and published February 16, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $191,543.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. j. (490-466/763631/472-82687) - Improving of Pepperwood Circle, and, sidewalk to be installed along the south and east side of Pepperwood Circle, Meadow Oaks Addition (south of 29th Street North, west of Woodlawn), as authorized by Resolution No. R-96-055, adopted February 13, 1996, and published February 16, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $81,052.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. k. (490-468/763656/472-82701) - Improving of 33rd Street North from the west line of Salina to the west line of Woodland (north of 29th Street North and south of 37th Street North, west of Arkansas), as authorized by Resolution No. R-96-267, adopted April 16, 1996, and published April 19, 1996; and Resolution No. R-96-176, adopted May 7, 1996, and published May 10, 1996, corrected and republished December 5, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $60,707.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. l. (490-470/763672/472-82716) - Improving of Arapaho from the south line of Maple to the north line of Taft right-of-way (south of Maple, west of Hoover), as authorized by Resolution No. R-96-186, adopted May 14, 1996, and published May 17, 1996. Petition for this improvement was signed by owners representing 59 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $178,396.00 is to be apportioned 91 percent payable by the improvement district, and 9 percent payable by the City- at-large. The cost has been assessed on a square foot basis. m. (490-473/763706/472-82729) - Installation of a fully actuated traffic signal and pavement markings as necessary, traffic signal to serve the intersection of Rockhill/Bradley Fair Parkway and Rock Road (south of 21st, east of Webb), as authorized by Resolution No. R-96-205, adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $111,857.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. n. (490-474/763714/472-82730) - Improving of a right turn lane on Rock Road and left turn lane and median to serve Bradley Fair and Bradley Fair 2nd Additions, and unplatted tracts No. 1 through No. 3, (south of 21st, east of Webb), as authorized by Resolution No. R-96-206, adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $394,274.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. o. (490-475/763722/472-82731) - Improving of Bradley Fair Parkway and sidewalk along both sides of Bradley Fair Parkway, Phase I, (south of 21st, east of Webb), as authorized by Resolution No. R-96-207, adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $185,463.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. p. (490-479/763763/472-82682) - Improving of Meadow Knoll, Keith, Bellwood, and Wedgewood, Meadow Knoll Courts, Bellwood Court, Wedgewood Circle, Wedgewood Court; and sidewalk on one side of Meadow Knoll, on one side of Keith, on one side of Bellwood and Wedgewood and within Reserve F. A storm water detention pond and drainage area also included (west of Tyler, south of 29th Street North), as authorized by Resolution No. R-96-046, adopted February 13, 1996, and published February 16, 1996; and Rescinding Resolution No. R-96-238, adopted June 11, 1996, and published June 14, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $1,192,545.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. q. (490-480/763771/472-82652) - Improving of Bella Vista from the east line of Maize to the west line of Valleyview (south of 21st, east of Maize) , as authorized by Resolution No. R-96-201, adopted May 21, 1996, and published May 24, 1996; and Rescinding Resolution No. R-97-318, adopted September 9, 1997, and published September 12, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $124,775.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. r. (490-481/763789/472-82653) - Improving of Bella Vista Court from the north line of Bella Vista to and including cul-de-sac (south of 21st, east of Maize), as authorized by Resolution No. R-96-202, adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $36,747.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. s. (490-482/763797/472-82710) - Improving of 19th Street Circle from the west line of Valleyview to and including cul-de-sac (south of 21st, east of Maize), as authorized by Resolution No. R-96-203, adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $55,771.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. t. (490-485/763821/472-82702) - Improving of Cooper from the south line of Carson to the south line of Pawnee Avenue (south of Pawnee, west of Webb), as authorized by Resolution No. R-96-127, adopted April 2, 1996, and published April 5, 1996; and Rescinding Resolution No. R-97-017, adopted February 4, 1997, and published February 7, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $143,152.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. u. (490-495/763920/472-82760) - Improving of Morris and Todd Circle in Harrison Park 2nd Addition (east of Webb, north of Lincoln), as authorized by Resolution No. R-96-330, adopted August 20, 1996, and published August 23, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $161,525.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. v. (490-496/763938/472-82763) - Improving of Pawnee from the west line of Lot 1, Block 1 to the east line of Lot 1, Block 1 to serve The Park Chateau Addition (east of Maize, south of Pawnee) , as authorized by Resolution No. R-96-336, adopted August 27, 1996, and published August 30, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $10,914.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. w. (490-497/763946/472-82750) - Improving of Clear Meadow, Hazelwood, Meadow Grove, Maple Grove, Hazelwood Court and sidewalks along the north, easterly and southerly side of Clear Meadow, Hazelwood and Meadow Grove to serve Horseshoe Bay Addition (north of 21st, east of Ridge), as authorized by Resolution No. R-96-297 adopted July 16, 1996, and published July 19, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $456,287.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. x. (490-498/763953/472-82765) - Improving of Custer, Custer Circle, to and including the cul-de-sacs; Mt. Carmel Circle to and including the cul-de-sac, and; sidewalk along one side of Custer (west of Meridian, south of 47th Street South), as authorized by Resolution No. R-96-346, adopted September 17, 1996, and published September 20, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $188,762.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. y. (490-499/763961/472-82566) - Improving of Haskell, Haskell Courts and sidewalk on the south side of Haskell to serve Prairie Woods Addition (north of Pawnee, east of Maize), as authorized by Resolution No. R-95- 150, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved $97,108.00 in the amount of $97,108.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. z. (490-500/763979/472-82775) - Authorizing Rock Road landscaping to serve Bradley Fair and Bradley Fair 2nd Additions as well as Unplatted Tracts No. 1, 2, and 3, (south of 21st, east of Rock) , as authorized by Resolution No. R-96-384, adopted October 15, 1996, and published October 18, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $11,951.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. aa. (490-501/763897/472-82776 - Authorizing Bradley Fair Parkway landscaping (south of 21st, east of Rock), as authorized by Resolution No. R-96-386, adopted October 15, 1996, and published October 18, 1996; corrected and republished January 26, 1998. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $39,372.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. bb. (490-505/764027/472-82565) - Improving of Haskell, Haskell Court, and sidewalk on the south side of Haskell, to serve Prairie Woods Addition (north of Pawnee, east of Maize), as authorized by Resolution No. R-95- 148, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved $118,619.00 in the amount of $118,619.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. cc. (490-509/764068/472-82727) - Improving of Carr Avenue, Shefford Circle, Prescott Circle and sidewalk along both sides of Carr Avenue (south of Kellogg, east of 119th street West), as authorized by Resolution No. R- 96-226 adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $360,810.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. dd. (490-510/764076/472-82634) - Improving of Britton from the west line of Pine Grove to the east line of 119th Street West (north of 21st, east of 119th Street West), as authorized by Resolution No. R-95-466, adopted October 10, 1995, and published October 13, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $51,844.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. ee. (490-516/764134/472-81826) - Improving of an "L" type hammerhead turnaround on Edgemoor at the south line of The Courts II Addition, as authorized by Resolution adopted November 22, 1988, and published November 25, 1988. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of 10,658.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. ff. (490-517/764142/472-82705) - Improving of Battin, Battin Court, and sidewalk on the east side of Battin (east of Oliver, south of 29th Street North), as authorized by Resolution No. R-96-153, adopted April 23, 1996, and published April 26, 1996; and Rescinding Resolution No. R-96-326, adopted August 20, 1996, and published August 23, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $224,724.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. gg. (490-519/764167/472-82325) - Improving of Wild Rose, Forest Lakes and sidewalk on the west side of Wild Rose, and on the south side of Forest Lakes (north of 29th, west of Ridge), as authorized by Resolution No. R- 93-161, adopted April 6, 1993, and published April 9, 1993. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $224,883.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. hh. (490-520/764175/472-82161) - Improving of Shefford, Shefford Court, and sidewalk on both sides of Shefford (North of 13th, East of 119th Street West), as authorized by Resolution No. R-92-177, adopted March 17, 1992, and published March 20, 1992. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $215,285.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. ii. (490-522/764191/472-82801) - Improving of Dora, Milstead, Dora Court and sidewalks (east of 119th Street West, south of Kellogg), as authorized by Resolution No. R-97-077, adopted March 18, 1997, and published March 21, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $355,391.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. jj. (490-523/764209/472-82803) - Improving of 31st Street North to serve Mediterranean Plaza Addition (north of 29th Street North on Webb Road), as authorized by Resolution R-97-080 adopted March 25, 1997, and published March 28, 1997; corrected and re-published April 4, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $75,999.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. kk. (490-526/764233/472-82802) - Improving of Hickory Creek, Alderny, Alderny Court, Hickory Creek Courts and sidewalk to serve Hickory Creek Estates Addition (south of 13th Street North, west of 119th Street West), as authorized by Resolution No. R97-067, adopted March 18, 1997, and published March 21, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $342,572.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. ll. (490-529/764266/472-82758) - Improving of Shiloh to serve the Smithmoor 5th Addition (south of Harry, east of Webb) , as authorized by Resolution No. R-96-317, adopted August 13, 1996, published August 16, 1996; and Rescinding Resolution No. R-97-060 adopted March 18, 1997, and published March 21, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $73,818.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. mm. (490-530/764274/472-82777) - Improving Bay Country, Bay Country Circle, Cindy, and sidewalk to serve Country Meadows West Addition, (north of Central, west of 119th Street West), as authorized by Resolution No. R- 97-074, adopted March 18, 1997, published March 21, 1997; and Rescinding Resolution No. R-97-281 adopted July 29, 1997, and published August 1, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $266,478.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. nn. (490-531/764282/472-82561) - Improving of Spring Meadow and Spring Meadow Court to serve Reflection Ridge 7th Addition (south of 29th, west of Ridge), as authorized by Resolution No. R-95-130, adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $143,718.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. oo. (490-532/764290/472-82822) - Improving Hickory, Cedar Downs Circle and Kenny Circle to serve Buckhead 2nd Addition (north of Central, west of 119th Street West), as authorized by Resolution No. R-97-100 adopted April 15, 1997, and published April 18, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $207,520.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. pp. (490-533/764308/472-82732) - Improving of Bradley Fair Parkway, and, sidewalk along both sides of Bradley Fair Parkway, Bradley Fair 2nd Addition, Phase II, (south of 21st, east of Webb), as authorized by Resolution No. No. R-96-208, adopted May 21, 1996, and published May 24, 1996. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $526,184.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. qq. (490-534/764316/472-82751) - Improving Landon, Central Park, Shefford, Chartwell, Chartwell Circle, Central Park Courts, Ryan Circle and Ryan Court, Shefford Circle, and Shefford Court (north of 21st, east of 119th Street West), as authorized by Resolution No. R-96-403, adopted October 29, 1996, published November 1, 1996; and Rescinding Resolution No. R-97-013, adopted January 28, 1997, and published January 31, 1997. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 6, 1998 in the amount of $800,882.00 is to be apportioned 100 percent payable by the improvement district. The cost has been assessed on a fractional basis. Hearing on each of the proposed assessment rolls has been set for 11:00 a.m., Tuesday, April 7, 1998. Notice of Public Hearing with respect to each of the projects was published March 13, 1998, being not less than 10 days prior to the date of hearing. On the date of publication, a "NOTICE OF HEARING AND PROPOSED SPECIAL ASSESSMENT" on each project was mailed to property owners concerned. An informal hearing with City personnel was held on March 19, 1998. K.S.A. 10-1009 provides that all assessments shall bear interest at such rate as the Governing Body determines, not to exceed the rate allowed by law. Mayor Knight Mayor Knight inquired if anyone wished to be heard and persons were present on items d and h. Motion -- Knight moved that, on all items but d and h, the Public Hearing be closed; the proposed assessments be approved; and the Ordinances be placed on first reading. -- carried Motion carried 6 to 0. (Kamen absent) a. (405-161/706077/472-82481) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Tyler Road, from the north line of Bradford South Addition to the south line of Bradford South Addition, (north of 21st), Project No. (405-161/706077/472-82481), introduced and under the rules laid over. b. (435-179/791509/472-82692) (Item (b) was reconsidered later in the meeting. Action is shown below.) (Council Member Kamen present) Motion -- Ferris moved that the boundaries for the improvement district be amended to -- carried include only the Broadview Hotel. Motion carried 7 to 0. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of acquisition of a parking facility located on the east side of Waco from approximately 149 feet north of Douglas to approximately 467 feet north of Douglas (435-179/791509/472-82692), introduced and under the rules laid over. (Council Member Kamen absent) c. (490-072/605980/472-81822) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of 27th Street North and Parkwood; Parkwood Court from the east line of Parkwood to and including cul-de-sac (490- 072/605980/472-81822) , introduced and under the rules laid over. e. (490-404/763011/472-82568) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of - Improving of Pawnee from the east line of Maize Road to the east line of Crestline to serve Prairie Woods Addition (490-404/763011/472- 82568), introduced and under the rules laid over. f. (490-442/763391/472-82629) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Tyler Road from the north line of Sterling to the south line of Lot 1, Block 2, Northridge Lakes 2nd Addition (east of Tyler, north of 21st Street North) (490-442/763391/472-82629), introduced and under the rules laid over. g. (490-448/763458/472-82611) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of a left turn lane from the south line of Meadow Pass as platted in Northridge Lakes to the north line of Central Park as platted in Bradford South Addition, together with a decel lane to serve Meadow Pass (east of Tyler, north of 21st) (490-448/763458/472-82611), introduced and under the rules laid over. i. (490-465/763623/472-82686) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Shadowridge from the west line of Parkwood, west to the east line of Beacon Hill Road; and, Shadowridge Court adjacent to Lots 1 through 10, Block 2, of said Meadow Oaks 2nd Addition (south of 29th Street North, west of Woodlawn) (490-465/763623/472-82686), introduced and under the rules laid over. j. (490-466/763631/472-82687) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Pepperwood Circle, and, sidewalk to be installed along the south and east side of Pepperwood Circle, Meadow Oaks Addition (south of 29th Street North, west of Woodlawn) (490-466/763631/472- 82687), introduced and under the rules laid over. k. (490-468/763656/472-82701) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of (490-improving of 33rd Street North from the west line of Salina to the west line of Woodland (north of 29th Street North and south of 37th Street North, west of Arkansas) 468/763656/472-82701), introduced and under the rules laid over. l. (490-470/763672/472-82716) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Arapaho from the south line of Maple to the north line of Taft right-of-way (south of Maple, west of Hoover) (490- 470/763672/472-82716), introduced and under the rules laid over. m. (490-473/763706/472-82729) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of installation of a fully actuated traffic signal and pavement markings as necessary, traffic signal to serve the intersection of Rockhill/Bradley Fair Parkway and Rock Road (south of 21st, east of Webb) (490- 473/763706/472-82729), introduced and under the rules laid over. n. (490-474/763714/472-82730) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of a right turn lane on Rock Road and left turn lane and median to serve Bradley Fair and Bradley Fair 2nd Additions, and unplatted tracts No. 1 through No. 3, (south of 21st, east of Webb) (490- 474/763714/472-82730), introduced and under the rules laid over. o. (490-475/763722/472-82731) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Bradley Fair Parkway and sidewalk along both sides of Bradley Fair Parkway, Phase I, (south of 21st, east of Webb) (490- 475/763722/472-82731), introduced and under the rules laid over. p. (490-479/763763/472-82682) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Meadow Knoll, Keith, Bellwood, and Wedgewood, Meadow Knoll Courts, Bellwood Court, Wedgewood Circle, Wedgewood Court; and sidewalk on one side of Meadow Knoll, on one side of Keith, on one side of Bellwood and Wedgewood and within Reserve F. A storm water detention pond and drainage area also included (west of Tyler, south of 29th Street North) (490- 479/763763/472-82682), introduced and under the rules laid over. q. (490-480/763771/472-82652) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Bella Vista from the east line of Maize to the west line of Valleyview (south of 21st, east of Maize) (490-480/763771/472- 82652), introduced and under the rules laid over. r. (490-481/763789/472-82653) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Bella Vista Court from the north line of Bella Vista to and including cul-de-sac (south of 21st, east of Maize) (490- 481/763789/472-82653), introduced and under the rules laid over. s. (490-482/763797/472-82710) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of 19th Street Circle from the west line of Valleyview to and including cul-de-sac (south of 21st, east of Maize) (490- 482/763797/472-82710), introduced and under the rules laid over. t. (490-485/763821/472-82702) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Cooper from the south line of Carson to the south line of Pawnee Avenue (south of Pawnee, west of Webb) (490-485/763821/472- 82702), introduced and under the rules laid over. u. (490-495/763920/472-82760) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Morris and Todd Circle in Harrison Park 2nd Addition (east of Webb, north of Lincoln) (490-495/763920/472-82760), introduced and under the rules laid over. v. (490-496/763938/472-82763) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Pawnee from the west line of Lot 1, Block 1 to the east line of Lot 1, Block 1 to serve The Park Chateau Addition (east of Maize, south of Pawnee) (490-496/763938/472-82763), introduced and under the rules laid over. w. (490-497/763946/472-82750) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Clear Meadow, Hazelwood, Meadow Grove, Maple Grove, Hazelwood Court and sidewalks along the north, easterly and southerly side of Clear Meadow, Hazelwood and Meadow Grove to serve Horseshoe Bay Addition (north of 21st, east of Ridge) (490-497/763946/472-82750), introduced and under the rules laid over. x. (490-498/763953/472-82765) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Custer, Custer Circle, to and including the cul-de-sacs; Mt. Carmel Circle to and including the cul-de-sac, and; sidewalk along one side of Custer (west of Meridian, south of 47th Street South) (490- 498/763953/472-82765), introduced and under the rules laid over. y. (490-499/763961/472-82566) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Haskell, Haskell Courts and sidewalk on the south side of Haskell to serve Prairie Woods Addition (north of Pawnee, east of Maize) (490-499/763961/472-82566), introduced and under the rules laid over. z. (490-500/763979/472-82775) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of authorizing Rock Road landscaping to serve Bradley Fair and Bradley Fair 2nd Additions as well as Unplatted Tracts No. 1, 2, and 3, (south of 21st, east of Rock) (490-500/763979/472-82775), introduced and under the rules laid over. aa. (490-501/763897/472-82776) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of authorizing Bradley Fair Parkway landscaping (south of 21st, east of Rock) (490-501/763897/472-82776), introduced and under the rules laid over. bb. (490-505/764027/472-82565) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Haskell, Haskell Court, and sidewalk on the south side of Haskell, to serve Prairie Woods Addition (north of Pawnee, east of Maize) (490-505/764027/472-82565), introduced and under the rules laid over. cc. (490-509/764068/472-82727) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Carr Avenue, Shefford Circle, Prescott Circle and sidewalk along both sides of Carr Avenue (south of Kellogg, east of 119th street West) (490-509/764068/472-82727), introduced and under the rules laid over. dd. (490-510/764076/472-82634) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Britton from the west line of Pine Grove to the east line of 119th Street West (north of 21st, east of 119th Street West) (490-510/764076/472-82634), introduced and under the rules laid over. ee. (490-516/764134/472-81826) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of an "L" type hammerhead turnaround on Edgemoor at the south line of The Courts II Addition (490-516/764134/472-81826), introduced and under the rules laid over. ff. (490-517/764142/472-82705) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Battin, Battin Court, and sidewalk on the east side of Battin (east of Oliver, south of 29th Street North) (490- 517/764142/472-82705), introduced and under the rules laid over. gg. (490-519/764167/472-82325) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Wild Rose, Forest Lakes and sidewalk on the west side of Wild Rose, and on the south side of Forest Lakes (north of 29th, west of Ridge) (490-519/764167/472-82325), introduced and under the rules laid over. hh. (490-520/764175/472-82161) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Shefford, Shefford Court, and sidewalk on both sides of Shefford (North of 13th, East of 119th Street West) (490- 520/764175/472-82161), introduced and under the rules laid over. ii. (490-522/764191/472-82801) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Dora, Milstead, Dora Court and sidewalks (east of 119th Street West, south of Kellogg) (490-522/764191/472-82801), introduced and under the rules laid over. jj. (490-523/764209/472-82803) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of 31st Street North to serve Mediterranean Plaza Addition (north of 29th Street North on Webb Road) (490-523/764209/472- 82803), introduced and under the rules laid over. kk. (490-526/764233/472-82802) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Hickory Creek, Alderny, Alderny Court, Hickory Creek Courts and sidewalk to serve Hickory Creek Estates Addition (south of 13th Street North, west of 119th Street West) (490-526/764233/472-82802), introduced and under the rules laid over. ll. (490-529/764266/472-82758) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Shiloh to serve the Smithmoor 5th Addition (south of Harry, east of Webb) (490-529/764266/472-82758), introduced and under the rules laid over. mm. (490-530/764274/472-82777) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving Bay Country, Bay Country Circle, Cindy, and sidewalk to serve Country Meadows West Addition, (north of Central, west of 119th Street West) (490-530/764274/472-82777), introduced and under the rules laid over. nn. (490-531/764282/472-82561) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Spring Meadow and Spring Meadow Court to serve Reflection Ridge 7th Addition (south of 29th, west of Ridge) (490- 531/764282/472-82561), introduced and under the rules laid over. oo. (490-532/764290/472-82822) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving Hickory, Cedar Downs Circle and Kenny Circle to serve Buckhead 2nd Addition (north of Central, west of 119th Street West) (490- 532/764290/472-82822), introduced and under the rules laid over. pp. (490-533/764308/472-82732) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Bradley Fair Parkway, and, sidewalk along both sides of Bradley Fair Parkway, Bradley Fair 2nd Addition, Phase II, (south of 21st, east of Webb) (490-533/764308/472-82732), introduced and under the rules laid over. qq. (490-534/764316/472-82751) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving Landon, Central Park, Shefford, Chartwell, Chartwell Circle, Central Park Courts, Ryan Circle and Ryan Court, Shefford Circle, and Shefford Court (north of 21st, east of 119th Street West) (490- 534/764316/472-82751), introduced and under the rules laid over. d. (490-403/763003/472-82386) Mayor Knight Mayor Knight inquired if anyone wished to be heard. John Caiazza John Caiazza, 3510 Denene Court, said the property owners were not informed and did not know of any outstanding assessments. The majority of the traffic is to Yellowstone and Crestline Drive. Mr. Caiazza questioned the cost of paving that section of the Road. Mr. Caiazza said he spoke with Cornejo, the Contractor on the job. The Cornejo company gave him an estimate for doing a 5 inch asphalt overlay with crushed rock base and a Tensor mat, level, straight, no curbs or gutters, with dirt ditches on either side. For doing a road like this, which, with exception of the depth of the asphalt, is comparable, a price of $45 to $50 per foot was quoted. The actual length of the road is approximately .3 mile that was paved. Assuming the upper end of $50/foot, the road could have been done at approximately $79,000 - yet the total was $189,000 for the road. In addition to the $189,000, there were: Administration Fee $ 5,100 Engineering Fee $37,710 It seems an exorbitant sum was spent for paving and engineering. Mike Lindebak City Engineer explained the assessment process. The City Engineer also said he thought Cornejo may have been talking about a portion of the wearing surface and did not include the preparation, grading, drainage, and other incidentals. The engineering fee included design, an on-site inspector, survey crew for staking, lab work, and other incidentals. On a project that is let through the Kansas Department of Transportation, 15 percent of the cost of the project is for construction engineering. In this case, 15 percent of the cost of the project is nearly $30,000 which does not include the design. Jesus Romero Jesus Romero questioned why the City was not paying for an arterial. Mike Lindebak City Engineer explained that, by City Policy, the City no longer pays for arterials in new developments; and Pawnee is no longer an arterial street. Council Member Ferris Council Member Ferris inquired as to whether Mr. Caiazza had asked the Cornejo the cost of constructing a 3/10 street to City specifications, do the grading, and engineering. John Caiazza John Caiazza said he had talked to Mr. Darrell Bassett of the Cornejo firm, and that he had asked for the prices of, essentially, creating an asphalt road, where a dirt road previously existed. Mr. Bassett questioned the kind of dirt road and the definition settled on was a dirt track. The amount given was including all the grading and everything that was required to turn a dirt track into an asphalt road with no curbs and no gutters. Council Member Ferris Council Member Ferris suggested that the City Engineer call Mr. Bassett and ask why Mr. Caiazza was quoted the amount quoted for the same road. Council Member Ferris asked that Mr. Bassett be requested to send a letter telling the City Engineer why that information was provided to Mr. Caiazza and his company bid the road at the price bid. When the letter is provided, the response is to be sent to Mr. Caiazza and to the City Council. Truman Shope Truman Shope, president of the Home Owners' Association, said in 1980 the developer was Doug Castleberry. In 1981 the firm went under and the Union National Bank sold the development to Storries and it was replatted. Motion -- Ferris moved that the Public Hearing be closed; the proposed assessment rolls be -- carried approved; and the Ordinance be placed on first reading. Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Pawnee Avenue from Maize Road to the east line of the plat, Wilderness at the Park (south of Pawnee, east of Maize) (490- 403/763003/472-82386), introduced and under the rules laid over. h. (490-459/763565/472-82667) Mike Lindebak City Engineer reviewed the Item. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Rex Johnson Rex Johnson, said Lot 4 of his property has no access to any paved road except by going around the area. Council Member Ferris Council Member Ferris explained the assessment policy. Motion -- Ferris moved that the Public Hearing be closed; the Assessments be approved; and -- carried the Ordinance be placed on first reading. Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of University and Summitlawn, Scouller, Ralstin, Howe, Fairhaven, Winterset, and Winterset Court in Westerlea Village Addition (south of Maple, east of Ridge) (490-459/763565/472-82667), introduced and under the rules laid over. AIRPORT NOTE SALE GENERAL OBLIGATION AIRPORT TEMPORARY NOTE SALE. Agenda Report No. 98-252. The City is planning to offer for sale one series of general obligation temporary notes totaling $3,655,000 for the purpose of providing temporary financing for capital improvement projects relative to the Airport. The proceeds of the Series A, 1998 Temporary Notes will be used to provide interim financing for various projects located at or beneficial to the Mid-Continent Airport. The Series A, 1998 Notes are subject to the alternative minimum tax (AMT) because the improvements being financed directly benefit private businesses at the airports, such as the airlines. Sealed bids will be accepted until 10:30 a.m. CST at the City Council Office, at which time the bids will be publicly opened. No bids will be accepted after the 10:30 a.m. deadline. The bids will be verified, tabulated and presented to the City Council at 11:30 a.m. By law, the City must award the sale of the notes to the bidder whose proposed interest rates result in the lowest interest cost. The Series A, 1998 temporary notes will mature on April 29, 1999 and will be retired at that time, either with PFCs, the proceeds from the sale of permanent financing bonds or renewal notes. The Wichita Airport Authority has pledged the net income of the airport facilities for payment of the principal and interest on any and all financing to be issued. The Bids were opened and tabulated for General Obligation Airport Temporary Notes, Series A, 1998 The bids were in conformance with the Notice of Bond Sale, and recommended acceptance of the low bids as follows: General Obligation Airport Temporary Note Series A, 1998 Piper Jaffray Rate of Interest Bid 3.777 Total of Interest Cost to Maturity at Rates Specified $146,200.00 Less Premium 8,150.65 Net Interest Cost to the City $138,044.35 Motion -- Knight moved that the sale be awarded as outlined above; the Declaration of Emergency be approved and the Mayor be authorized to sign; and the Ordinance be placed on its passage and adopted on the date of its introduction, all in -- carried accordance with K.S.A. 12-3001. Motion carried 6 to 0. (Kamen absent) ORDINANCE NO. 43-723 An Ordinance authorizing and providing for the issuance of City of Wichita, Kansas, General Obligation Airport Improvement Temporary Notes, Series A, 1998 (subject to AMT), in the aggregate principal amount of $3,544,000, for the purpose of providing the necessary funds for interim construction financing of new costs in connection with certain airport improvements to the Wichita Mid-Continent Airport Facilities operated by the Wichita Airport Authority of the City; prescribing the terms and details of the noes; providing for the payment of the principal of and the interest on the notes when it becomes due and payable; and making certain other covenants and agreements with respect thereto. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. PRETREATMENT RESPONSE PRETREATMENT ENFORCEMENT RESPONSE PLAN. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-255. Amendments to the Federal Pretreatment Regulations, published July 1990, required the City to modify its Pretreatment Program by including an Enforcement Response Plan (ERP), which is written documentation that specifies how the City responds to industrial wastewater discharge and reporting violations of the federal and local pretreatment program. The City must implement the Pretreatment Program in accordance with the United States Environmental Protection Agency (USEPA) Pretreatment Regulations, as a condition of the City's National Pollution Discharge Elimination System (NPDES) permit. The City's ERP was approved by USEPA in December 1990, and adopted by the City Council on February 12, 1991. The Enforcement Response Plan has worked very well, as it has provided consistent enforcement actions for all code violations. The regulated industries understand that certain violations bring about equitable enforcement actions. Ninety-seven percent of the industries in Wichita comply with pretreatment regulations which exceeds the USEPA expected compliance rate of eighty percent. USEPA and Kansas Department of Health & Environment (KDHE) audits consistently note that the City's Enforcement Response Plan is one of the strengths of our Program. Since Wichita's compliance rate is well above USEPA's goal, staff believes it is appropriate to recognize the industries compliance efforts via recommended modifications to the ERP. The modifications would be in the form of projects that would mitigate the effects of the particular violation and be included as part of the penalty along with the monetary fine, thus allowing some relief from monetary penalties. Presently, the ERP achieves compliance with industrial discharge regulations by enforcing monetary penalties. This includes a matrix which reflects the gravity of the violation. Staff proposes that the Plan be modified to incorporate flexibility in administering penalties through a combined use of Supplemental Environmental Projects and monetary penalties. The SEP would provide environmental benefits beyond what can be secured solely through monetary penalties. This will be particularly beneficial in promoting pollution prevention. An Enforcement Response Plan, properly noticed and provided to all Industrial Users, provides the best approach to enforce the City's Code of Ordinances. Failure to adhere to the Plan could result in USEPA taking an enforcement action against the City for Pretreatment Program implementation failure. Industrial/Commercial dischargers to the sanitary sewer system now pay for the cost of pretreatment activities via Permit Fees. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the changes to the Enforcement Response Plan be approved and -- carried the ERP be adopted as City Policy. Motion carried 6 to 0. (Kamen absent) SEWER USE ORDINANCE PRETREATMENT SEWER USE ORDINANCE AMENDMENT. Chris Cherches City Manager reviewed the Item. Council Member Cole left the Bench. Agenda Report No. 98-250. In 1972, Congress passed Public Law 92-500, the Federal Water Pollution Control Act Amendments, also known as the Clean Water Act (CWA). In 1977, the CWA was amended to place strong emphasis on the control of toxic pollutants and the control of industrial wastes discharged to sewage treatment plants. The City has authorization from the regulatory agencies to enforce the mandates of EPA's General Pretreatment Regulations, 40 CFR, Chapter I, Subchapter N, Parts 400-471. The Pretreatment Sewer Use Ordinance provides the mechanism for the City to enforce these regulations. The Federal Pretreatment Regulations require that cities develop site-specific protections necessary to meet State water quality standards, biosolids land application criteria, and to protect human health and the environment. These site-specific protections are referred to as "local limits." Local limits were developed by staff and approved by the City Council in July 1991. These were concentration-based numerical limits which were uniformly distributed across the entire industrial sector. Violations of any of the local limits by the industry, resulted in enforcement actions per the City's Enforcement Response Plan. The Federal regulations require that each City must re- evaluate their local limits. The uniform concentration method, which is presently used, results in a limit that is the same for all users. The mass proportion allocation method is an industrial user- specific method. This method requires a detailed understanding of each industrial discharge flow and effluent quality. As a result, the method requires a significant amount of staff time reviewing discharge characteristics of each of the 67 regulated industries on an ongoing basis. It is estimated that 1020 hours of staff time would be needed to review the discharge volumes and pollutant concentrations to evaluate compliance. Given the additional mandates of the program, including inspections, investigations, and enforcement activities, sufficient time could not be allocated to include this activity at current staff levels. Staff has proposed to USEPA, and the agency has approved, a unique approach to revising the local limits. This approach includes adopting the allowable pollutant loadings in pounds and designate concentrations based on each industrial users average daily flow calculated over a one-calendar year period. To facilitate implementation, staff proposes that the industrial users be categorized into flow categories. The allowable pounds will be distributed to each, based on the total discharge volume per category. A work group which included the industrial and aircraft communities along with City staff was developed to study this proposal. They have endorsed the approach we have taken in addressing the implementation of the local limits. As required by the ordinance, any cost of additional monitoring will be paid by the industries or businesses. Revenues generated by the pretreatment program will be used to offset the cost of administering the program. This should be economically beneficial to smaller industries as they may be able to avoid or reduce expenditures on pretreatment systems to meet discharge limits. The industries with large discharge flows have already implemented adequate pretreatment systems to meet the proposed limits. This proposal will allow the City to better utilize staffing time to effectively administer the mandates of the pretreatment program. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the ordinance be placed on first reading. Motion carried -- carried 5 to 0. (Cole, Kamen; absent) ORDINANCE An Ordinance pertaining to the municipal wastewater and pretreatment system, amending Sections 17.20.040 and 17.20.060 of the Code of the City of Wichita, repealing the originals of said Sections, and recodifying Chapter 17.20. as Chapter 16.22 of the Code of the City of Wichita, introduced and under the rules laid over. CITY COUNCIL AGENDA Council Member Cole present. CITY AND COUNTY DISCUSSION OF ADVISORY REFERENDUM ON THE CONSOLIDATION OF CITY AND COUNTY CONSOLIDATION GOVERNMENTS. (Requested by Council Member Lambke) Council Member Lambke Council Member Lambke reviewed the Item. Council Member Kamen present. Agenda Report No. 98-257. Over the years, there has been considerable discussion on consolidating governmental functions and governments. In September, 1984, a Committee to Study Metropolitan Government issued its report calling for "...continued review by Sedgwick County governmental units of structures and methods to promote maximum efficiency in the use of revenues and maximum effectiveness in service delivery." While the Committee felt there were numerous ways to improve efficiencies through consolidating functions, it stopped short of recommending a metropolitan government. In June, 1986, the then City Commission received a report on Wichita City Governance prepared by the three University Presidents: Warren Armstrong, Robert Giroux, and Richard Felix. One of the recommendations in the report was for ".....the City to initiate discussion with County officials and take new steps toward expanding city-county cooperation in service provision and in consolidation of city and county functions." While no definitive action on this recommendation was taken by the Council, it was generally acknowledged by the Commission and subsequent City Council's that cooperative ventures with the County should be explored and implemented, whenever feasible. In September, 1991, an Intergovernmental Study of Sedgwick county was commissioned by the City Council. This study was to examine revenues and expenditures of all local governments within Sedgwick County and provide information to determine "either further study is warranted and, if so, what governmental units and/or functions should be analyzed." The study would also review existing statutory and constitutional authority by which city and county governments "may consolidate, coordinate, and cooperate in the delivery of public services." This study was presented to the City Council and County Commission in February, 1992. It indicated that 92.7 percent of public expenditures in Sedgwick County are made by the County and City of Wichita. Dr. Ed Flentje said the report shows that "... most of the progress on City/County consolidation and cooperation can be initiated between Wichita and Sedgwick County." In March, 1992, a Wichita Assembly on Partnerships for Governing in the 21st Century was held. Approximately 100 Wichita/Sedgwick County citizens participated in a discussion on opportunities for enhancing local and state governmental cooperation. One of the recommendations which was made by the Assembly was that the City and County "jointly create and appoint a community task force to study and make recommendations on merging the City of Wichita and Sedgwick County .....and that "the three cities of the second class, sixteen cities of the third class, and the 27 townships in Sedgwick County retain their autonomy as they may determine." In December, 1992, Robert Howard, Chair of the Partnerships 21 Task Force, presented its report to a joint City-County meeting. The Task Force recommended that a consolidation of the governance structures should occur and "...that the existing city and county governments could be merged." Action to have the Task Force extend its work, conduct public hearings, seek legislative action, and report back to an en banc meeting by "march, 1993" was approved by the City Council (7 - 0); but failed with the County Commission by vote of 4 - 1. On March 16, 1993, Council Member Ferris brought forth a motion at the City Council meeting to endorse the "... concept of holding five public hearings starting the first week in April to hear about the issue of consolidation; that there would be a member from the City Council and County Commission at each meeting; that either the City Council member or the County Commissioner will chair the meeting; that there would be representatives from the Partnership 21 Task Force that would make a presentation....also be a presentation of general consolidation information....and that there would be a new task force appointed by the City Council and County Commission which would have 60 days to review comments and make two or more on recommendations to the joint bodies for appropriate action...." The Council adopted this motion by a vote of 7 - 0. During the month of April, a number of public hearings on city/county consolidation were held. Over the years, a number of functional consolidations have taken place, including metropolitan planning, community health, solid waste management, flood control, 911 emergency communications, radio maintenance, animal control sheltering, and data processing. A number of cooperative arrangements have been implemented involving employee training, purchasing, fire truck maintenance, etc. Recent discussions have been held pertaining to the feasibility of joint fire services and county health; however, no actions were taken to merge such services. Other Support for Consolidation Actions: In July, 1997, the City conducted a community survey. A few of the questions addressed the issue of consolidation of city-county governments. Of the respondents (within the City), 79 percent indicated support for combining City and County governments. Many respondents' support for consolidating seemed to be based on expectations for simplifying government; about 76 percent indicated this in the survey. Over 80 percent believed a financial savings would occur with consolidation. Following is a breakdown of the responses from the survey: Strongly Disagree Agree Strongly Disagree Agree I support combining city and county government 4.4 16.6 53.8 25.2 Combining city and county government will simplify government. 4.5 19.6 55.1 20.9 Combining city and county government will save money 3.5 15.4 58.6 22.6 I support combining city and county fire and ambulance service. 3.0 14.3 58.9 23.8 Long Range Planning Task Force: This group of people totaling over 120 persons, held meetings in 1997 and divided into seven major subcommittees. One of the committees involved community leadership. This citizen committee made one recommendation; that was to consolidate city and county governments. Strategic Review Committee: This group was created from the Long Range Planning Task Force (LRPTF) and is comprised of leadership from the City's largest employers. The Committee was asked to prioritize the various recommendations from the LRPTF. Consolidation of City and County governments was the top priority of this group. The City Council, on a number of occasions, have publicly supported the concept of consolidating city-county government. On January 6, 1998, Councilman Phil Lambke sent members of the City Council and County Commission a letter seeking support for placing an advisory referendum on the ballot to determine if the City and County governments should be consolidated. This action now results in this item to be placed before the City Council for discussion/action. An advisory election may be held in conjunction with the State primary election in August, 1998, or the State general election in November, 1998. An advisory election is held as a "special question election." The ballot question presented could be a single question, or a series of questions. The ballot question must be capable of a "yes" or a "no" response. The City Council adopts a simple ordinance calling for a special question election. The ordinance must state the question to be placed on the ballot and the date of the election. The deadline for passage of an ordinance and presentation to the Election Commissioner for the August 4, 1998 primary election is June 10, 1998; for the passage of an ordinance and presentation to the Commissioner for the November 3, 1998 is September 18, 1998. Prior Rulings and Actions on Advisory Elections: A former Attorney General ruled, in 1994, that a city advisory election would have to be conducted in separate polling places with separate election officials. The City of Wichita challenged that opinion in court and was successful in conducting an advisory election during the 1994 general election after a favorable ruling in the litigation. Questions may still remain, however, on the conduct of such an advisory election during a regular election. The Election Commissioner may not conduct the advisory election without further guidance from the Attorney General and the Secretary of State. There is no cost to the City for a special question election held at the same time as the primary or general election. There would be significant cost to the City, however, if the Election Commission was required to conduct a separate balloting. The City of Wichita may conduct an advisory election under its Home Rule authority. An advisory election is one in which the results are non-binding on the governing body. While the City Council cannot delegate its legislative (decision-making) authority to voters, it may authorize the holding of an election, purely advisory in nature, at which a question of public concern is submitted for the expression of the wishes of the people of the City. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Daniel Clark Daniel Clark, 1308 Wellington Place, spoke in opposition to consolidation and non-binding elections. Jay Swanson Jay Swanson, Crime Commission, said the Select Committee, one and one-half years ago, encouraged a non-binding election. Mr. Swanson urged the Council to continue the effort. Council Member Ferris Council Member Ferris spoke in favor of the election and said the only way to find out what the citizens want is to ask. Council Member Kamen Council Member Kamen said the interpretation of consolidation could be widely varied and said the vote should be county-wide. Council Member Cole Council Member Cole spoke in support of an election and said there should be education regarding the vote. Mayor Knight Mayor Knight said government should be simplified, restructured, and integrated. Council Member Kamen Council Member Kamen said he was opposed to total integration and a total unit. Motion -- Lambke moved that the City Council instruct the City Attorney to draft an ordinance for Council approval, to be presented to the County Election Commissioner, requesting that a non-binding referendum be held at the August 4, 1998, primary election on the subject of consolidation of Sedgwick County and the City of Wichita governments; and that the City Council formally invite the County -- carried Commission to submit the question to a vote of the entire County. 7 to 0. TRAVEL AUTHORIZATION APPROVAL FOR COUNCIL MEMBER FERRIS TO ATTEND WASTEEXPO '98, CHICAGO, ILLINOIS, JUNE 8-11, 1998. Motion -- carried Knight moved that the travel expenses be authorized. Motion carried 7 to 0. APPROVAL FOR COUNCIL MEMBER TO ATTEND INTERNATIONAL TRADE CORRIDOR SUMMIT ON MAY 28-30, 1998. Motion -- carried Knight moved that the travel expenses be authorized. Motion carried 7 to 0. APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and boilers (2 appointments - Mobile Home Mechanic and Architect - Council at large) Civil Rights and Services Board (Rogers) Commission on the Status of People with Disabilities (2 appointments - Cole, Kamen) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (2-Lambke) Wichita Transit Advisory Board (Rogers) There were no appointments made. APPOINTMENT TO HUMAN SERVICES BOARD (TERM EXPIRES JUNE 30, 1999 One vacancy, due to the resignation of Ron Thomas (Goodwill Industries). Agency has selected Walter Reich to fill the vacancy on the board. Motion -- Knight appointed Walter Reich and moved that the appointment be approved. Motion -- carried carried 7 to 0. PROCLAMATIONS PROCLAMATIONS World Trade Week Professional Secretaries Week Wichita Chamber Chorale 20th Anniversary Day Workers' Memorial Day COMPEER Friendship Week Victims' Rights Week Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to potential litigation, legal advice, and contract negotiations; and the regular meeting be resumed at 1:00 p.m. in the City Council -- carried Chambers. Motion carried 7 to 0. RECESS Council recessed at 12:13 p.m. and reconvened in regular session at 1:10 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. Motion -- Knight moved that the rules be set aside and Item 6 (b) be reconsidered. Motion -- carried carried 7 to 0. (The Council returned to Item 6 (b) and action is shown with the Item.) CONSENT AGENDA Knight moved that the Consent Agenda, except Items 27, 34, and 37 be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORTS OF THE BOARD OF BIDS AND CONTRACTS DATED MARCH 30, 1998, AND APRIL 6, 1998. At 10:00 a.m., Friday, March 27, 1998, 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 March 30, 1998) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Jet Cleaning Cabinet Parts Washer (130807) Fisher's Auto Service, Inc. - $8,213.75 (Total net bid)* *$295.80 (Additional to vent hydrocarbons PARK & RECREATION DEPARTMENT/GOLF COURSE MAINTENANCE DIVISION: Three-Wheeled Gasoline Powered Sand Bunker Rake (170258) Outdoor Equipment - $17,975.00 (Total base bid)* *$2,000.00 (Total Option #1 deduct) WATER & SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: Transportation of Biosolids (184309) Vic's Sand Gravel & Equipment - $ 3.30 Item #1 (Per ton) - $ 3.45 Item #2 (Per ton) - $ 3.65 Item #3 (Per ton) - $ 4.90 Item #4 (Per ton/per mile) - $11.00 Item #6 (Per hour) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. At 10:00 a.m., Friday, April 3, 1998, 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 April 6, 1998) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains as per specifications 1998 Sanitary Sewer Reconstruction Program, Phase I (east of Hydraulic, north of Kellogg). (468-82788/621870/533298) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-7-97) (District I, II, III and VI) WB Carter Construction Co., Inc. - $346,346.00 Lateral 16, Cowskin Interceptor Sewer to serve Highland Springs Addition (south of Central, west of 135th Street West). (468- 82812/743401/480431) Traffic to be maintained on 135th Street through construction. (Council approval date 3-3-98) (District V) Dondlinger and Sons Construction Company, Inc. - $147,483.00 Water Distribution System to serve Highland Springs Addition (south of Central, west of 135th Street West). (448-89241/734343/470512) Traffic to be maintained on 135th Street during construction. (Council approval date 3-3-98) (District V) WBW Contractors - $56,564.00 Storm Water Sewer #461 to serve Prairie Woods Addition (north of Pawnee, east of Maize). (468-82468/751123/485147) Does not affect existing traffic. (Council approval date 3-21-95) (District V) KC Excavating - $35,158.00 Landscaping Bradley Fair to serve Webb Road Commercial Addition and Unplatted Tracts (south of 21st Street North). (472- 82912/764852/490587) Does not affect existing traffic. (Council approval date 3- 3-98) (District II) Cornejo & Sons - $254,395.50 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Handicapped Improvements at Various Park Recreation Centers (618603) Van Asdale Construction - $14,380.00 (Total net base bid) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Flail Mowers (130807) Wichita Ford Tractor - $26,470.02 (Total net bid) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Rebar (130849) Carter-Waters Corp - $.33 (Item #1 per foot) $.14 (Item #2 per foot) PARK DEPARTMENT/RECREATION DIVISION: South Lakes Sports Complex: Construction of Three Buildings and Six Minor Structures Farha Construction - $440,000.00* (Alternate base bid; Soccer Facility & Plaza Facility to include Press Boxes, Plaza, and Walkway) *Negotiated to Architect's Estimate LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1998 (Consumption on Premises) Randy Chiao Happy King Restaurant*318 West 29th Street North Linh T.A. Chu Nguyen Chinese Wok* 141 North Broadway (Consumption off Premises) Hank A. Boswell Midway Oil #7 2796 South Seneca Terri Bertschy Sam's Club #82546200 West Kellogg Robert J. Bales Klepper Oil Company, Inc.2601 North Broadway Katherine L. Castillo Klepper Industries3520 North Woodlawn Special Event 1998 (Consumption on Premises) Amy Christine Simon Kansas Newman College*3100 McCormick Renaissance Faire *General/Restaurant -- 50% or more of gross receipts derived from sale of food. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Water Line in 19th Street North (Santa Fe to 230' East of Mosley). (448-89088/634709/544-125) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-6-98) (District VI) b. Maize Road from 21st Street to Sterling (north of 21st Street, west of Maize). (472- 82651/82366/82191/82928/710178/763359/763334/764878/ 410068/490438/490436/490- 589) Traffic to be maintained through construction. (Council approval date 10-24- 97/7-27-93/1-28-92/3-24-98) (District V) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 17, 1998. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Moorings North Addition (west of Meridian, south of 53rd Street North). (448- 89211/734210/470499) Does not affect existing traffic. (Council approval date 10- 27-97) (District 6) b. Water Distribution System to serve Lark 6th Addition, Phase I (south of Kellogg, east of 119th Street West). (448- 89227/734368/470514) Does not affect existing traffic. (Council approval date 12- 9-97) (District 5) c. Water Distribution System to serve Lark 6th Addition, Phase II (south of Kellogg, east of 119th Street West). (448- 89228/734350/470513) Does not affect existing traffic. (Council approval date 12- 9-97) (District 5) d. Lateral 17, Main 13, Southwest Interceptor Sewer, Phase I to serve Lark 6th Addition (south of Kellogg, east of 119th Street West). (468-82793/743419/480432) Does not affect existing traffic. (Council approval date 12-9-97) (District 5) e. Lateral 18, Main 13, Southwest Interceptor Sewer, Phase II to serve Lark 6th Addition (south of Kellogg, east of 119th Street West). (468-82794/743427/480433) Does not affect existing traffic. (Council approval date 12-9-97) (District 5) f. Lateral 372, Southwest Interceptor Sewer, Phase II to serve Stonebriar Addition (west of Meridian, south of 47th Street South). (468-82640/743435/480434) Does not affect existing traffic. (Council approval date 4-7-98) (District 4) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 17, 1998. Motion carried 7 to 0. g. Water Distribution Lines to serve an area generally bounded by 46th Street North, Little Arkansas River, 49th Street North and Arkansas Avenue, and 49th Street North, Seneca Street, and 53rd Street North and Arkansas Avenue. (734194/734376) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 10, 1998. Motion carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST. a. (Revised) Pawnee from Maize Road to Yellowstone (472-82568/763011/490-404) - $42,911.00 b. (Revised) Pawnee from Maize Road to the east of the plat, Wilderness in the Park (472-82386/763003/490403) - $66,583.00 Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 7 to 0. DEDICATION DEDICATION - 100 SQUARE FOOT CORNER AT MERIDIAN AND NEWELL FOR A WHEELCHAIR RAMP. (MERIDIAN STREET REPAVING PROJECT) Motion -- Knight moved that the dedication be received and filed and the Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. 100 PERCENT PETITIONS 100 PERCENT PETITION - PAVING, SANITARY SEWER, AND WATER DISTRIBUTION SYSTEMS TO SERVE STONEBRIAR ADDITION (WEST OF MERIDIAN, SOUTH OF 47TH STREET SOUTH). (District IV) Agenda Report No. 98-258. The signature on the Petitions represents one owner that owns 100% of the improvement districts. Stonebriar Addition, a new single-family development, was platted in 1996. The developer has submitted new Petitions to reconfigure the area to meet an increased rate of home sales. The Petitions total $839,000. The funding source is special assessments. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-097 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Number 448-89075 (west of Meridian, south of 47th Street South) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-098 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89231 (west of Meridian, south of 47th Street South) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-099 Resolution of findings of advisability and Resolution authorizing construction of Lateral 372 Southwest Interceptor Sewer (west of Meridian, south of 47th Street South) Number 468-82640 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-100 Resolution of findings of advisability and Resolution authorizing construction of Lateral 391 Southwest Interceptor Sewer (west of Meridian, south of 47th Street South) Number 468-82800 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-101 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 499 (west of Meridian, south of 47th Street South) Project Number 468-82801 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-102 Resolution of findings of advisability and Resolution authorizing paving of 50th Street South from the east line of Stonebriar Addition, west to the east line of Mt. Carmel; Mt. Carmel from the west line of 50th Street south, south to the south line of Lot 36, Block 1; and on Custer, from the south line of 50th Street South, south to the south line of Lot 3, Block 3; Custer Circle from the north line of 50th Street along the south side of 50th Street South, the west side of Mt. Carmel (west of Meridian, south of 47th Street South) (Project Number 472-82766) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-103 Resolution of findings of advisability and Resolution authorizing paving of 51st Street South from the west line of Stonebriar Addition, east to the south line of Custer; Custer from the east line of 51st Street South, north to the south line of Lot 3, Block 3; Mt. Carmel from the south line of Lot 36, Block 1, south to the south line of Stonebriar Addition; and sidewalk along the south side of 51st Street South, the west side of Mt. Carmel, and the east side of Custer (West of Meridian, south of 47th Street South) (Project Number 472-82898) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. 100 PERCENT PETITION - PAVING AND WATER DISTRIBUTION SYSTEM TO SERVE BRENTWOOD VILLAGE ADDITION (SOUTH OF HARRY, EAST OF WEBB ROAD). (District II) Agenda Report No. 98-259. The signature on the Petitions represents one owner that owns 100% of the improvement districts. Brentwood Village Addition, a new single-family development, was platted in 1997. The developer has submitted new Petitions to reconfigure the area to meet an increased rate of home sales. The Petitions total $250,000. The funding source is special assessments. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-104 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89113 (south of Harry, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-105 Resolution of findings of advisability and Resolution authorizing paving Stoneybrook, from the east line of Stoneybrook (north) to the south line of Lot 37, Block 2; and Goebel, from the east line of Stoneybrook to the east line of Stoneybrook (south of Harry, east of Webb) (Project Number 472- 82796) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. 100 PERCENT PETITION - PAVING, SANITARY SEWER AND WATER DISTRIBUTION SYSTEMS TO SERVE LINDSAY'S ORCHARD ADDITION (NORTH OF PAWNEE, WEST OF MAIZE). (District V) Agenda Report No. 98-260. The signature on the Petitions represents one owner that owns 100% of the improvement districts. Lindsay's Orchard Addition, a new single-family development, was platted in 1998. The developer has submitted new Petitions to reconfigure the area to meet the current rate of home sales. The Petitions total $235,000. The funding source is special assessments. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-106 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89235 (north of Pawnee, west of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-107 Resolution of findings of advisability and Resolution authorizing paving of Rita, from the east line of Lark to the east line of Lot 12, Block 1; Rita Court (Lots 1-12, Block 1) from the north line of Rita to and including cul-de-sac; and Rita Court (Lots 1-6, Block 2) from the south line of Rita to and including cul-de-sac (north of Pawnee, west of Maize) (Project Number 472-82908) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-108 Resolution of findings of advisability and Resolution authorizing construction of Lateral 20, Main 13, Southwest Interceptor Sewer (north of Pawnee, west of Maize) (Project Number 468-82809) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. 100 PERCENT PETITION - PAVE LINCOLN (EAST OF GREENWICH ROAD). (District II) Agenda Report No. 98-261. The signature on the Petition represents one owner that owns 100% of the improvement district. Lincoln, east of Greenwich, is a two lane residential street serving a new single family development. The estimated project cost is $803,000. 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-98-109 Resolution of findings of advisability and Resolution authorizing paving of Lincoln, from the east line of Greenwich Road to the east line of Bedford (south of Kellogg, west of 127th Street East) (Project Number 472-82696) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. 100 PERCENT PETITION - SANITARY SEWER TO SERVE AN UNPLATTED TRACT (NORTH OF 35TH STREET NORTH, WEST OF SENECA). (District VI) Agenda Report No. 98-262. The signatures on the Petition represent two owners that own 100% of the improvement district. The project will serve a single-family home that is on a private septic tank system. The Petition totals $6,000. 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. 98-110 Resolution of findings of advisability and Resolution authorizing construction of Lateral 133, Main 4, Sanitary Sewer No. 23 (north of 35th Street North, west of Seneca) Number 468-82826 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. 100 PERCENT PETITION - WATER DISTRIBUTION SYSTEM TO SERVE PART OF BRADLEY FAIR THIRD ADDITION (SOUTH OF 21ST STREET, EAST OF ROCK ROAD). (District II) Agenda Report No. 98-263. The signature on the Petition represents one owner that owns 100% of the improvement district. The project will extend a waterline to serve an office park. The estimated project cost is $41,125. 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-98-111 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89250 (south of 21st, east of Rock) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. WATER DISTRIBUTION SYSTEM TO SERVE PART OF JUNCTION TOWN CO. ADDITION (NORTH OF FIRST STREET, WEST OF SENECA). (District VI) Agenda Report No. 98-264. The signature on the Petition represents one owner that owns 100% of the improvement district. The project will extend a waterline for a fire hydrant to serve a commercial business. The estimated project cost is $6,000. 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-98-112 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89251 (north of 1st Street, west of Seneca) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Alternative Correctional Housing Board of Trustees, 3-12- 98 Board of Park Commissioners, 3-9-98 CPO Northeast Council 1, 3-23-98 CPO East Council 1, 3-23-98 CPO Southeast Council 3, 3-26-98 CPO Southwest Council 4, 3-26-98 CPO Northwest Council 5, 3-25-98 CPO North Central Council 6, 3-25-98 Commission on the Status of People with Disabilities, 2- 25-98 Convention & Tourism Committee, 2-23-98 Deferred Compensation Board of Trustees, 3-12-98 Human Services Board, 2-26-98 Wichita-Sedgwick County Board of Health, 3-12-98 Wichita Transit Advisory Board, 2-26-98 Wichita Airport Authority, 3/2/98 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. Item No. 27 Mike Lindebak City Engineer reviewed the Street Closures. Agenda Report No. 98-265. Cramer and Associates has contracted to accomplish the rehabilitation of this railroad overpass structure. The work that is presently underway below the bridge is not affecting traffic. Beginning Monday, April 13, 1998, the outside southbound lane of Broadway will be closed to begin the bridge deck reconstruction. When this lane reconstruction is complete, the remaining three lanes of the bridge will be closed for reconstruction and traffic will be allowed for southbound only. During this approximate ten week period the northbound Broadway traffic will be detoured using MacArthur, Seneca and 31st streets. During the final phase of reconstruction, Broadway traffic will be carried in one lane each direction until the bridge deck surfacing is installed. Meetings were held with businesses affected by this bridge reconstruction and different options of traffic control including a complete closure were considered and discussed. The method identified above was the result of these discussions. The contractor is responsible for construction barricades, detour signing and notification of affected businesses and residents. Construction is expected to be completed in late 1998. There is no cost to the City. Agenda Report No. 98-266. Wildcat Construction has contracted to install water lines in Meridian in advance of street reconstruction. Beginning Tuesday, April 7, 1998, Meridian between Second and Central will be restricted to northbound traffic only while southbound traffic will be detoured using McLean, Seneca and Douglas. This work involves the installation of two separate water lines: an 8" line in the west side of Meridian between Second and Central and a 30" line in the east side of Meridian between Douglas and Central. Traffic will be allowed for northbound only during the installation of both lines. The contractor is responsible for construction barricades, detour signing and notification of affected businesses and residents. The partial closure is expected to last approximately 4 months. There is no cost to the City. Agenda Report No. 98-267. Installation of underground utilities including new storm drains in the center of Murdock and new and replacement water and sewer lines in both the north and south sides of Murdock will require the complete removal of the existing street pavement and will result in excavations encompassing the entire existing street area. The option of carrying one lane of traffic each direction was deemed to be unrealistic. If one way traffic were to be carried through construction, there would probably be times when construction trucks or equipment would block this traffic for short time periods. Staff held a general meeting with interested businesses and property owners to discuss the possibility of the total closure of Murdock during the utility work and paving. Response to this proposal was well received by those in attendance. Since that meeting, staff has reviewed the project to determine access problem areas and has been meeting with these businesses to identify access options. Although sections of Murdock would be closed to through traffic during the reconstruction, north-south traffic will be carried at all times across Murdock on the following streets: St. Francis, Emporia, Topeka, Broadway, Market, Main and Waco. Murdock traffic could be detoured to Central during the closure of different sections of Murdock. The contractor will be required to work with affected businesses to provide acceptable access during the closure period. Agenda Report No. 98-291. Kansas Paving has contracted to accomplish the paving of 29th Street North from Tyler Road to one-half mile east. The existing sand- gravel road is being improved to a two-lane arterial pavement standard. The contractor has been carrying traffic through the construction area during the installation of some of the drainage system. The contractor is now requesting approval of the total closure of this section of 29th Street to accomplish the installation of street paving. This closure will begin Wednesday, April 8, 1998 with the completion of the project estimated in early June. The project specifications allow for this requested closure and the contractor is required to notify adjacent property owners. The school district transportation service has been notified of this closure. The contractor is responsible for construction signs and barricades. There is no cost to the City. Motion -- carried Knight moved that the street closures be approved. Motion carried 7 to 0. Agenda Report No. 98-292. In accordance with the Special Event Procedures, event sponsors are to notify adjacent property owners and coordinate arrangements with Staff, subject to final approval by City Council. The following Special Event requests have been submitted: 1) Wichita Racquet Club Fun Run/Walk for Arthritis Date: Saturday, May 30, 1998 (7 a.m.) Location: Rock Road, 13th to 21st Street Area Street Closures: Rock Road between Rockhill and Wichita Racquet Club 2) Heart & Sole Classic Corporate Run Date: Wednesday, April 22, 1998 (6:30 p.m.) Location: Sycamore/Maple, north to Douglas, east to McLean, South to Harry Street; return via Bike Path to Lawrence Dumont Stadium Street Closures: Temporary as runners pass 3) Kansas Newman College Renaissance Faire Date: April 24-26, 1998 Location: Kansas Newman College, 3100 McCormick Avenue Street Closures: McCormick Avenue, K-423 Highway to Sheridan (7 p.m. Thursday to 9 p.m., Sunday) 4) Law Day Display Date: Friday, April 24, 1998 (11 a.m. to 1:30 p.m) Location: Main Street @ City Hall Street Closures: Main Street between Central and Third Streets Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Motion -- Knight moved that the requests be approved subject to: (1) Event Sponsors notifying every property and/or business adjoining any portion of the closed street; (2) Coordination of event arrangements with City Staff; (3) Hiring off- duty public safety officers as required by the Police Department; (4) Obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Departments; (5) Submitting a Certificate of Insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with -- carried respect to the event's use of the closed City streets. Motion carried 7 to 0. CONSULTANT ENGINEER DESIGN SERVICES FOR WATER LINE (21ST STREET NORTH FROM 127TH STREET EAST TO 143RD CONTRACTS STREET EAST AND 143RD STREET EAST FROM 21ST STREET NORTH TO SUMMERFIELD). (District II) Agenda Report No. 98-268. On November 4, 1997, the City Council approved a project for water line in 21st Street North from 127th Street East to 143rd Street East and in 143rd Street East from 21st Street North to Summerfield (Capital Improvement Program No. W-525). On February 27, 1998, the Staff Screening & Selection Committee selected Poe & Associates of Kansas, Inc. to design the improvements. According to the Water Master Plan, this improvement is required to complete loops in the distribution piping network in the area. By completing this loop, both pressure and flow will be increased in the immediate area. Additionally, this main will assist in transmission of flow to the extremities of the distribution system. Payment to Poe will be made on a lump sum basis of $18,795. The funding source is Water Utility. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. AGREEMENT - DESIGN SERVICES FOR HIGHLAND SPRINGS ADDITION (SOUTH OF CENTRAL, WEST OF 135TH STREET WEST). (District V) Agenda Report No. 98-269. The City Council approved the Highland Springs Addition plat on March 3, 1998. The proposed Agreement between the City and Baughman Company, P.A. provides for the design of Lateral 16, Cowskin Interceptor Sewer; Water Distribution System Number 448-89241; and paving Highland Springs, Highland Springs Court and sidewalk. Baughman Company, P.A. provided subdivision engineering services for this addition, therefore, they can expedite construction plan preparation. Payment will be on a lump sum basis of $55,200 and will be paid by special assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. AGREEMENT - DESIGN SERVICES FOR LARK SIXTH ADDITION (SOUTH OF KELLOGG, EAST OF 119TH STREET WEST). (District V) Agenda Report No. 98-270. The City Council approved the Lark 6th Addition plat on December 9, 1997. The proposed Agreement between the City and Baughman Company, P.A. provides for the design of Lateral 17, Main 13 Southwest Interceptor Sewer; Lateral 18, Main 13 Southwest Interceptor Sewer; Storm Water Sewer Number 496; Water Distribution System Number 448-89227; Water Distribution System Number 448-89228; paving Dora, May, Cardington, Dora Court, May Circle and sidewalk; paving Carr, Carr Courts and sidewalk. Baughman Company provided subdivision engineering services for this addition, therefore, they can expedite construction plan preparation. Payment will be on a lump sum basis of $81,300 and will be paid by special assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. AGREEMENTS - CONSTRUCTION FOR MERIDIAN (MAPLE TO CENTRAL) AND BROADWAY (KELLOGG TO DOUGLAS). (Districts IV and VI) Agenda Report No. 98-271. The 1998/1999 Capital Improvement Program (CIP) includes funding to reconstruct Meridian from Maple to Central (CIP No. MS-477) and Broadway from Kellogg to Douglas (CIP No. MS-417). The Kansas Department of Transportation (KDOT) has agreed to let the construction contracts for the projects and participate in the projects funding. Meridian will be widened to provide turn lanes and additional traffic-carrying capacity. The substandard four-lane road in Broadway will be replaced with four-lane arterial and aesthetic enhancements. The estimated construction cost for Meridian is $3,005,000. The estimated construction cost for Broadway is $2,325,000. KDOT will pay 80% of the costs. The funding source for the City's share is General Obligation Bonds. The projects will be brought back to City Council for approval prior to construction. Motion -- Knight moved that the Agreements be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. AGREEMENT - UNION PACIFIC RAILROAD CROSSING (BLAKE AND MEAD STREET). (District III) Agenda Report No. 98-272. On January 6, 1998, the City Council approved a project to replace waterlines in an area north of Pawnee, east of Broadway. One of the lines is located in Union Pacific Railroad right-of-way at the intersection of Blake and Mead Streets. An Agreement has been prepared which allows the City to construct and maintain the waterline within railroad right-of-way. There is a $1,000.00 administrative fee. Funding source is the Water Utility. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute; and the $1,000 payment to UP be authorized. Motion carried 7 to 0. AGREEMENT - BURLINGTON NORTHERN/SANTA FE RAILROAD CROSSING (SOUTH OF 21ST STREET, EAST OF ROCK ROAD). (District II) Agenda Report No. 98-273. On July 1, 1997, the City Council approved the project to install a storm water sewer to serve Wilson Farms Addition. Part of the sewer is within railroad right-of-way. An Agreement has been prepared which allows the City to construct and maintain the storm water sewer within railroad right-of-way. There is a $3,350.00 administrative fee. Funding source is special assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute; and the $3,350 payment be authorized. Motion carried 7 to 0. CONSTRUCT OVER EASEMENT AGREEMENT. (District IV) Agenda Report No. 98-274. The agreements allow Brian Ackerson and Angela Full to occupy mobile homes which encroach into the sewer easement and waive all rights of action in law arising out of the encroachment over the easement. The agreements not only allow the City to be held harmless from claims resulting from leaking, cave-in, or other failures of the sewer, but also allow the City to be held harmless from claims resulting from replacement or upgrade of lines, manholes, and/or other department property in the easement. The Mobile Home Park owner agrees to move the mobile homes, should it become necessary in order to repair or replace the sewer main. There are no alternatives except for the denial of the requested approval to occupy. There are no financial considerations. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SUPPLEMENTAL AGREEMENT - CONSTRUCTION ENGINEERING SERVICES FOR MOORINGS NORTH ADDITION (WEST OF MERIDIAN, SOUTH OF 53RD STREET NORTH). (District VI) Agenda Report No. 98-275. The City Council approved the Moorings North Addition plat on October 28, 1997. On December 9, 1997, the City Council approved an Agreement with Poe & Associates of Kansas, Inc. to design sanitary sewer, water distribution system, and paving improvements for the Addition. The Design Agreement with Poe requires Poe to provide construction engineering services if requested by the City. The proposed Supplemental Agreement between the City and Poe provides for the construction engineering for Lateral 93, Sanitary Sewer No. 23; Water Distribution System No. 448 89211, and paving Bayview Street, Sandkey Street, Sandkey Courts, Harborside Drive and Bayview Court. Since this is Construction and Survey's peak workload period, City crews are not available to perform the construction engineering services for this project. Payment will be made on the basis of an hourly rate with the total payments not to exceed $65,000. The funding source is special assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SUPPLEMENTAL AGREEMENT - CONSTRUCTION ENGINEERING SERVICES FOR DOUGLAS AVENUE BRIDGE OVER THE ARKANSAS RIVER. (District VI) Agenda Report No. 98-276. On November 21, 1995, the City Council approved a design contract with Professional Engineering Consultants, P.A. (PEC) to prepare construction plans for the Douglas Avenue Bridge. The contract provided that PEC would perform construction engineering services if requested by the City. On December 23, 1997, the City Council authorized construction of the project. It is recommended that PEC be retained to provide construction inspection services due to their expertise in designing the project. Payment will be made on a cost plus percentage of cost basis not to exceed $389,758. The funding source is General Obligation Bonds. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. LAWSUIT SETTLEMENT SETTLEMENT OF LAWSUIT. Agenda Report No. 98-277. Lloyd Farris, along with several other residents of the area near 55th Street South and Seneca, filed a lawsuit against the City in 1996 for recovery of property damage due to flooding in the area in 1993 and 1995. Mr. Farris' case was the first one of these set for trial. Prior to trial Mr. Farris offered to settle his claim for payment by the City of $18,000. His claimed damages were in excess of $35,000 and the costs to the City for trial preparation and trial were estimated to be over $10,000. Outside legal counsel and the City Attorney agreed that settlement of this case would be appropriate from the standpoint of the risk of loss if the matter proceeded to trial. Funding for this settlement payment is from the City's stormwater utility fund. Motion -- Knight moved that payment to Lloyd Farris of $18,000.00 as a full settlement of all property damage claims arising out the Farris lawsuit be -- carried authorized. Motion carried 7 to 0. MUNICIPAL COURT MUNICIPAL COURT CONTRACT FOR ARCHITECTURAL SERVICES. (District VI) Agenda Report No. 98-278. The number of citizens coming to Municipal Court continues to increase. Initiatives taken from the Municipal Court Task Force recommendations and the Public Safety Initiative increase the number of cases seen in court and the number of citizens transacting business at the Municipal Court Clerk's Office. Current customer service areas, office configurations and courtroom capacities were recognized as inadequate by the Municipal Court Task Force. Their recommendation was to remodel these areas to increase capacity and relieve congestion. An RFP was developed for architectural services to produce options for the court expansion. Options are to include additional customer service areas, additional courtroom space, waiting areas for citizens and attorneys, an improved access to court functions without additional elevator load. Following review of the RFP responses, the Staff Screening and Selection committee has recommended Schaefer Johnson Cox Frey for the contract. The total, not to exceed cost of this contract is $16,000 for professional services plus $400 for out of pocket expenses. A capital project budget in the amount of $138,000 for Project Number 435-186 was previously approved by the City Council. These funds are available for this contract. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. WATER METER REPLACEMENT SERVICE PROVIDER FOR WATER METER REPLACEMENT. (All Districts) Agenda Report No. 98-279. Water Utility CIP #W-598, Water Replacement Program, includes replacement of 1,460 conventional meters with single-jet meters by private contractor. Single-jet meters are able to record low flow-rate consumption that conventional meters cannot register. This will generate additional water and sewer revenue which is expected to recapture the meter replacement cost in two years. In December of 1997, requests for proposal were solicited for the replacement. Six firms responded. Metro Meter Services submitted a proposal that is calculated to be lower than the other proposals for the combination of standard installations, nonstandard installations, and the postinstallation tests that are to be required. Information gathered from agencies for which Metro Meter has worked indicates the firm has the ability to perform the work. The maximum cost of the work, as proposed by Metro Meter Services, is calculated to be $377,140. The Meter Replacement Program, CIP #W- 598, has $515,000 in funds available. Motion -- Knight moved that the selection of Metro Meter Services as the service provider for the meter replacement portion of CIP #W-598 be approved. Motion carried -- carried 7 to 0. RELEASE PREVENTION ACCIDENTAL RELEASE PREVENTION PROGRAM. (All Districts) Agenda Report No. 98-280. As part of the water treatment process, chemicals are added to the water to treat it and to make it safe. The U.S. Environmental Protection Agency (EPA) has created the Accidental Release Prevention Program (ARP), which requires that many facilities submit a Risk Management Program (RMP) no later than June 21, 1999. The RMP must document a plan that includes an emergency response plan to protect the public health and the environment in the event of a catastrophic release of any of the regulated chemicals. The Water and Sewer Department must submit an RMP because it stores some of the chemicals covered by the ARP including chlorine, ammonia, sulfer dioxide, and propane. The RMP will include information about the City's facilities, a review of accident records, safety manuals, and current operations and maintenance activities. It will also include a hazard assessment for these facilities, an analysis of the potential consequences of an accidental release of the regulated chemicals, and an estimate of the off-site impacts of an accidental release. An emergency response plan will also be developed. The estimated cost of a RMP is $130,000. Funds for this service are available from CIP # W-115, Water Treatment Plant Improvements, which has a remaining budget of $673,000. Motion -- Knight moved that the project be approved and the Staff Screening and Selection Committee be authorized to solicit responses to an RFP for professional engineering services to develop an RMP for Water and Sewer Department facilities; and a contract be negotiated for such services with the selected firm. Motion -- carried carried 7 to 0. COMMUNICATIONS EQUIP. COMMUNICATIONS EQUIPMENT FOR THE WATER AND SEWER DEPARTMENT. Item No. 34. Agenda Report No. 98-281. The Water & Sewer Department, Water Treatment Plant and the Customer Service Divisions have requested fourteen (14) radios and chargers for $28,747.62. Currently crews working in remote areas cannot communicate with each other without a radio. Communication is vital for the crews to handle emergency repairs in locations where crew members are not able to visually see each other at the work site. The new radios would allow crews to share the radios and allow the work to be done in a safe manner. The equipment must be compatible to the 800 MHZ trunked communication system operated by the Sedgwick County Department of Emergency Communications. The equipment must be integrated into the shared mobile relay to provide efficient and dependable range and clarity of communications. To be compatible with the existing 800 MHZ system and fully integrated, the needed equipment is available only from Motorola Communications and Equipment. The purchase of this radio equipment will cost $28,747.62. There are sufficient funds available for the purchase of this equipment in the 1998 budget. Council Member Kamen Council Member Kamen read the following letter from the Labor Management Committee: "As many Council Members are aware, the Labor Management Committee has been very concerned with communication and security issues for City employees. We would like to commend the Council for its support both financial and policy wise. "With the approval of this agenda item, one of the serious security concerns is being addressed. This Committee would like you to be aware that there are, however, other areas where adequate communication equipment is urgently needed. We ask for your continued support and financial backing on this very serious issue." Motion -- Kamen moved that purchase of radio equipment from Motorola Communications and Equipment in the amount of $28,747.62 under the provisions of the purchasing -- carried ordinance for sole source of supply be approved. Motion carried 7 to 0. URBAN RENEWAL RELEASE RELEASE OF URBAN RENEWAL RESTRICTIONS - EXCEL CORPORATION. (District VI) Agenda Report No. 98-282. Urban Renewal Agreements and subsequent City agreements on property acquired under Urban Renewal procedures are filed with the Register of Deeds and frequently contain provisions allowing the Urban Renewal Agency or the City to enforce certain redevelopment provisions or even retake possession of the property under some circumstances. These provisions constitute a cloud on the owner's title and impact their ability to sell the property. Periodically, requests are received concerning properties so encumbered. Most often, the owner or title company is seeking a certificate of completion. This document certifies that the City is satisfied that the property has been redeveloped in accordance with the specific contractual URA requirements. The City is required to provide such a document upon request as the redevelopment conditions have been met. Excel Corporation has requested a Certificate of Completion of Improvements releasing a parcel from Urban Renewal requirements. The site, 2901 N. Mead, located in URA North Industrial Park, Project Kans. R-21 has been developed into a 221,688 sq. ft. meat processing, office, cold storage, and manufacturing plant, with surface parking adjacent to the facility. The building, parking, and site improvements satisfy the URA plan and contractual requirements that the site be redeveloped for such a use. The Law Department has reviewed the past URA contracts and agreements including the North Industrial Park Urban Renewal Plan, Project No. Kans. R-21, and identified the appropriate conditions to be met and has provided the Certificate of Completion of Improvements. Motion -- Knight moved that the Certificate of Completion of Improvements be approved and -- carried the Mayor be authorized to sign. Motion carried 7 to 0. IRB - VERMILLION UPDATED SOURCES AND USES FOR INDUSTRIAL REVENUE BONDS (VERMILLION INCORPORATED). (District IV) Agenda Report No. 98-283. On March 17, 1998, the City Council approved the first reading of the Ordinance for the issuance of Industrial Revenue Bonds in an amount not-to-exceed $2.0 million to Vermillion Incorporated. The bond proceeds will be used to finance the acquisition and renovation of existing manufacturing facilities located on the northeast corner of 47th Street South and Palisade in south Wichita. Vermillion Incorporated was also granted an 100% property tax abatement for a 5-year term on the project. The Company has submitted a revised sources and uses of Bond Proceeds Statement that needs to be incorporated into the bond documents and the City Council minutes for the bond issue. The revised sources and uses of bond proceeds is as follows: SOURCES OF FUNDS Bond Proceeds $2,000,000 Accrued Interest 9,562 Tenant Funds 363,800 Total Sources $2,373,362 USE OF BOND PROCEEDS Accrued Interest $ 9,562 Site Acquisition 149,000 Construction Costs 1,553,800 Equipment and Furnishings 321,000 Reserve Fund 120,000 Capitalized Interest 85,000 Issuance Costs 135,000 Total Uses: $2,373,362 Vermillion currently employs approximately 67 people and anticipates adding another 75 employees within the next five (5) years. Vermillion has a current approved EEO/AA Plan on file with the City's Human Services Department. Vermillion Incorporated agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. Vermillion was granted a 100% abatement of ad valorem taxes for a 5-year term on the property financed with bond proceeds. In March of 1980, the City Council approved an IRB issue to Vermillion in the amount of $375,000. Concurrently with the issuance of new bonds, Vermillion will refund and redeem the outstanding Series III, 1980 Industrial Revenue Bonds. No new bond proceeds will be used for this purpose. Bond documents needed for the issuance of the bonds to Vermillion Incorporated have been prepared by Hinkle, Eberhart & Elkouri, bond counsel. The City Attorney's Office has recommended that the changes in the sources and uses of bond proceeds statement be incorporated into the minutes for this bond issue. Motion -- Knight moved that the revised sources and uses of bond proceeds statement be approved and the revisions be reflected in the March 17, 1998, minutes for this -- carried project. Motion carried 7 to 0. EASEMENT VACATION VACATION OF PORTION OF FLOOD CONTROL EASEMENT. (District V) Item No. 37. Motion -- carried Knight moved that this Item be stricken from the Agenda. Motion carried 7 to 0. PROPERTY ACQUISITIONS PROPERTY ACQUISITION - EAST KELLOGG IMPROVEMENT PROJECT - 6 KELLOGG DRIVE. (District II) Agenda Report No. 98-286. When the opportunity arises, the City of Wichita acquires right-of-way for the East Kellogg Improvement Project. The opportunity purchase are made if the property is vacant or if the the owner makes the initial contact to sell and is will to sell at the price offered by the City. One such property is located a 6 Kellogg Drive (East 25 feet of Lot 5 and Lot 6, Block CZ, Eastborough 3rd Addition) and is owned by Helen Galloway. The house is located on the north side Kellogg and will be needed for the Woodlawn leg of the East Kellogg improvement. The property is a 1,867 square foot ranch-style house with three bedrooms and two baths on an 14,375 square foot site. The property has been appraised at between $94,500 and $87,500. The structure has been inspected and appears to be in good physical condition. The owner has agreed to sell the house for a negotiated price of $96,250. The seller has agreed to leave many items of personalty such as the appliances, upgraded light fixtures, garage door openers, in-house security system, etc. with the house and include them in the sale. The house is currently vacant. When acquired, it will be leased until it is needed for the project. The Capital Improvement Program includes funds for Kellogg opportunity purchases. The funding source will be General obligation Bonds. The budget of $100,000 includes $96,250 for the acquisition and $3,750 for miscellaneous items associated with the acquisition such as closing costs and title insurance. Motion -- Knight moved that the budget, and the Contract and lease agreement be approved; -- carried and the Mayor be authorized to sign the necessary documents. PROPERTY ACQUISITION - 3439 KINKAID COURT FOR THE DRY CREEK DRAINAGE PROJECT. (District III) Agenda Report No. 98-287. The City has, when the opportunity arises, acquired properties along the Dry Creek drainage that are located in the floodway or floodplain. While not in the current CIP, a project to improve Dry Creek between Elmwood and Mt. Vernon was in the 1994 CIP. The house at 3439 Kinkaid Court is located in the floodway of Dry Creek. the property is owned by Hardy Daniel and Sean Seanster. The house has 1,688 square feet with three bedrooms and two baths. The property was appraised for $98,500 and the owners have agreed to sell to the City for this amount. Upon acquisition, the house will be evaluated for suitability to be moved and either sold to be moved or demolished. A budget of $110,500 is requested. This includes $98,500 for the acquisition and $2,000 for closing costs and title insurance, and $10,000 for demolition it demolition is necessary. The Dry Creek project does not have funds available for the acquisition of this property. However, there is sufficient money available in the Storm Water Utility 1998 operating budget which includes a contingency budget of $500,000. A transfer of funds from the contingency to property acquisition will need to be approved to allow the purchases. Motion -- Knight moved that the budget, and the Contract and lease agreement be approved; -- carried and the Mayor be authorized to sign the necessary documents. FINANCIAL REPORT MONTHLY FINANCIAL REPORT FOR MONTH ENDING FEBRUARY, 1998. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. IRB FRIENDS UNIVERSITY FRIENDS UNIVERSITY. a. Amendment to Bond Ordinance. Agenda Report No. 98-288. On March 17, 1998, the City Council approved the issuance of Educational Facilities Refunding Revenue Bonds, in an amount not-to-exceed $4,725,000 million to Friends University and approved first reading of the Bond Ordinance which by its terms approves the various legal agreements which are required to be entered into by the City in order to effect the issuance of the Bonds. Following first reading of the Bond Ordinance, certain changes to the documents were identified which had not been known of at the time of first reading. To incorporate the changes, an amended Bond Ordinance is presented for adoption on second reading. The Trustee for the refunding bond issue will be INTRUST Bank, replacing Commerce Bank. The amended Bond Ordinance reflects this change. Discussions between the parties to the transaction regarding security for the bonds resulted in two additional agreements to be entered into as part of the bond issue, a First Supplemental Mortgage and Security Agreement and a Parity Agreement, which are included in the amended Bond Ordinance. The amended Bond Ordinance also reflects the actual amount of the refunding bond issue, $4,600,000. Finally, the amended Bond Ordinance incorporates the correct series number assigned to the bonds, Series V, 1998. The Series V, 1998 Bonds are being issued as parity bonds to City of Olathe Series 1994 Bonds. The Olathe Bonds are secured by a pledge of the gross revenue of Friends University and certain real property on the University campus. The University's gross revenue was already pledged to the payment of City of Wichita bonds which are now being refunded. The Mortgage and Security Agreement ensures that the Series V, 1998 Bonds will be equally and ratably secured by the University's gross revenue and real property pledged as security to the Olathe Bonds. The Parity Agreement provides that a default, for whatever reason, on the Olathe Bonds will cause a default on the Series V, 1998 Bonds. This will give the holders of Wichita Bonds equal access to the University's pledged assets in the event of a foreclosure caused by a default on Olathe Bonds. Friends agrees to pay all costs of issuing the bonds and to pay the City's $2,500 annual administrative service fee for the term of the bonds. Friends does not request a tax abatement as a result of the issuance of the bonds. Motion -- Knight moved that the amended Ordinance be placed on its passage and adopted. -- carried Motion carried 7 to 0. ORDINANCE NO. 43-722 An Ordinance authorizing the City of Wichita, Kansas, to issue its educational facilities refunding revenue bonds (Friends University Project), Series V 1998, in an Aggregate principal amount not to exceed $4,600,000 for the purpose of refinancing certain projects of Friends University; authorizing and approving the execution of certain documents in connection with the issuance of the bonds and authorizing certain other actions in connection with the issuance of said bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. Purchase Option. In March of 1992, the Wichita City Council approved the issuance of $5,010,000 in Industrial Revenue Bonds, Series V-1992, to finance the refunding of City of Wichita prior bond issues and the construction and acquisition of additional capital projects on the Friends University Campus in southwest Wichita. On March 17, 1998, the Wichita City Council approved the issuance of an amount not to exceed $4,725,000, Series V, 1998 in Educational Facilities Refunding Revenue Bonds to advance refund the 1992 bonds. Under the provisions of Sections 17.1 and 17.2 of the Lease Agreements for the bond series, Friends University has the option, if all outstanding bonds have been paid, to purchase the facility from the City of Wichita for the sum of $100. Under the terms of the Lease, the City is required to convey the real property and facility securing the IRB issue to the Tenant, once the Tenant has paid the purchase price and other considerations as listed under the provisions of the Lease Agreement, including the defeasance or payment of all outstanding bonds, which is currently contemplated to occur on March 30, 1998. The purchase price is $100 and other considerations as listed under the provision of the Lease Agreement to redeem and retire all outstanding bonds. This price includes without limitations, principal, interest, redemption premium, and all other expenses of redemption, and trustee fees, but after the deduction of any amounts described and provided for in the Lease Agreement and available for such redemption. The City is contractually bound to convey the IRB Project property to the Tenant by quit claim deed, once all the conditions established in the Lease have been met. Motion -- Knight moved that the Resolution be adopted; and the Quit Claim Deed and Termination of Lease Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-113 A Resolution authorizing the City of Wichita, Kansas, to convey certain real property to Friends University and prescribing the form of and authorizing the execution and delivery of certain documents in connection therewith, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. STREET LIGHTING STREET LIGHT RESOLUTION #1-98. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-98-114 A Resolution authorizing and directing Kansas Gas and Electric, a Western Resources Company, to install and/or change certain street lights in the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First Read March 24, 1998) a. Northeast Maintenance Substation Site. (District II) ORDINANCE NO. 43-724 An Ordinance amending Ordinance No. 43-309 of the City of Wichita, Kansas, declaring K-96 Highway, from I-135 to the east City limits, 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 and repealing the original thereof, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. SCZ-0747 - West side of Tyler Road, south of 29th North. (District V) ORDINANCE NO. 43-725 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. SCZ-0747 c. DR 98-2 - Amendments to the Unified Zoning Code. ORDINANCE NO. 43-721 An Ordinance providing amendments to Section II.B.1.j; Section II.B.5.; Section II.B.6.d; Section II.B.6.d; Section II.b.10.d; Section II.B.11.b; Section II.B.11.k; Section II.B.13.a; Section II.B.14.e; Section II.B.2.c.(1); Section II.B.2.c.(3); Section III.B.3.c.(1); Section III.B.3.c.(3); Section III.B.4.c.(3); Section III.B.5.c.(1); Section III.B.5.c.(3); Section III.B.6.c.(3); Section III.B.7.c.(3); Section III.B.8.c.(3); Section III.B.9.c.(3); Section III.B.10.c.(3); III.B.10.d.(4)(a); Section III.B.11.c.(3); Section III.B.2.c.(1); Section III.B.2.c.(3); Section III.B.13.b.(1); Section III.B.13.c.(1); Section III.B.13.c.(3); Section III.B.14.c.(1); Section III.B.14.c.(3); Section III.B.15.c.(1); Section III.B.15.c.(3); Section III.B.16.c.(3); Section III.B.19.c.(3); Section III.B.20.c.(3); Section III.D.6.cc.; Section III.E.2.e.(1); Section IV.E.3.e.; Section V.A.5; Section V.B.4.b.; Section V.C.4.; Section V.I.2.; and portions of the use regulations schedule in Section III.D. of the Wichita-Sedgwick County Unified Zoning Code, (June 19, 1997, edition), as adopted by reference in City of Wichita Code Section 28.04.010, dealing with numerous "clean-up" amendments thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. DR 98-2 PLANNING AGENDA Marvin Krout Director of Planning stated that Items 43 and 44 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 43 and 44 be approved as consensus Items. -- carried Motion carried 7 to 0. S/D 97-78 S/D 97-78 PLAT OF HACKER ADDITION LOCATED SOUTH OF 49TH STREET NORTH, EAST OF BROADWAY AVENUE. (District VI) Agenda Report No. 98-289. MAPC Recommendation: Approve the plat. (12-0) Staff Recommendation: Approve the plat. The site is located in Sedgwick County within three miles of the City's boundary. Water service will be provided from Park City. The site has been approved by the Health Department for the use of on-site sanitary sewer facilities. Motion -- Knight moved that the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. DP-17/Z-3269 DP-17 AMENDMENT #6 REQUEST AMENDMENT TO THE CENTRAL HEIGHTS SHOPPING CENTER CUP TO PERMIT SELF-STORAGE WAREHOUSE AND OPEN STORAGE; AND Z-3269 - ZONE CHANGE FROM "LC" LIMITED COMMERCIAL AND "GC: GENERAL COMMERCIAL TO "GC GENERAL COMMERCIAL, LOCATED SOUTH OF CENTRAL WEST OF RIDGE ROAD. (District V) Agenda Report No. 98-290. MAPC Recommendation: Approve, subject to revised conditions (11-0). CPO Recommendation: Approve (5-3). Staff Recommendation: Approve, subject to revised conditions. The applicant requests an amendment to Parcels 1, 1-A, and 4 of the Central Heights Shopping Center Commercial Community Unit Plan, located west of Ridge Road and south of Central. This matter was deferred during the February 12, 1998, MAPC meeting after representatives of an area office building questioned where the access opening of the proposed storage use was to be located along Newell. Other concerns dealt with the scale and appearance of the storage units. The Commission granted a two week deferral in order for the applicant to revise the site plan and to provide more detail on the construction of the storage use. As proposed, Parcel 4, located in the southwest corner of the C.U.P., will be increased from 1.71± acres to 3.11± acres, and Parcel 1-A redefined and will contain 0.51± acres. An existing structure within the revised Parcel 1-A will remain. Parcel 4 is proposed to include self-storage warehouse as a permitted use, with the southwestern-most 0.82 acres of the parcel to be rezoned to "GC" to allow "open storage". The agent for the applicant stated that there will be several structures within this area designed to be enclosed on the sides and have a roof. However, the Office of Central Inspection has interpreted this design as being "open storage," and thereby requiring "GC" General Commercial zoning. Revised site plans submitted by the agent for the applicant again show 12 metal storage buildings ranging in size from 2,100 square feet to 6,250 square feet arranged within the reconfigured Parcel 4. These units will be under 14 feet in height at the peak, and 9.5 feet at the plate. The elevations also show a standing seam metal roof and earth-tone stucco and brick siding materials. Access to the site will be from a direct drive onto Newell, and from two points within the shopping center at the northeast and northwest corners of Parcel 4, which also has existing openings along Country Acres and Newell. There will be a gate to the storage facility located at the Newell opening, and the northeast and northwest corners of the parcel. In another sketch submitted by the applicant, a prototypical building design is shown measuring 4,000 square feet (40 feet by 100 feet) and includes 21 storage compartments of varying size. The applicant also requests that the building coverage for the storage use be increased to 40%, which would allow a maximum coverage of 54,280 square feet. Under the current C.U.P. allowance of 30% coverage for Parcel 4, the site has a maximum building coverage of 33,120 square feet. The amendment will also seek to reduce the setbacks for Parcel 4 from 50 feet along Newell and Country Acres to 35 feet, and from 35 feet along the southwest property line to 10 feet. The subject property is currently zoned "LC" Limited Commercial and "GC" General Commercial. The surrounding property to the west and south is zoned "MF-29" Multi-Family Residential and has developed as the Central Heights Apartments. To the northwest are three duplex units on property zoned "TF-3" Two-Family Residential. The remainder of the Central Heights Shopping Center C.U.P., zoned "LC" Limited Commercial, is located to the east and north. At the February 26 hearing, the MAPC recommended 11-0 to approve the request subject to staff comments and specific conditions contained in the February 26 motion. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3269 ADJOURNMENT The City Council meeting adjourned at 1:17 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 165 APRIL 7, 1998 Page 1