MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, March 5, 1996 Tuesday, 9:08 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Rogers; present. *Council Members Ferris, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Ron Sloan, Pastor, Fairview Christian Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of February 27, 1996, were -- approved approved 5 to 0. (Ferris, Kamen; absent) AWARDS AND PRESENTATIONS SERVICE CITATIONS Mayor Knight presented Distinguished Service Citations to those present. *Council Member Kamen present. Outstanding Employee Bob Bates was recognized for outstanding performance. PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. *Council Member Ferris present. PUBLIC AGENDA COMMENTS BY PAUL PITMAN. Paul Pitman Paul Pitman requested reimbursement for curb and guttering work he had done to his property at 603 and 605 North Fountain. Mr. Pitman said he had contacted the City and had given up on the City having the work done. Shortly after he had the work done, the City did other curb and gutter work in the area. Mayor Knight Mayor Knight asked that this matter be referred to the Director of Public Works to explore what the City paid for work in Mr. Pitman's neighborhood and compute some type of reimbursement, on that basis, on the part of the work the City would have done for Mr. Pitman. UNFINISHED BUSINESS IRB - LINCOLN MEADOWS CONSENT TO SUBLEASE IRB FACILITY - LINCOLN MEADOWS, INC. (District III) Continued from February 27, 1996. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 96-168. On March 19, 1991, the City of Wichita issued multi-family Housing Revenue Bonds, Series III, 1991, to Lincoln Meadows, Inc., in an amount not to exceed $5,500,000. The purpose of Series III, 1991 bonds was to finance the acquisition, development and rehabilitation of Lincoln Meadows Apartments, a proposed project for low and moderate income families, located at 9000 East Lincoln. Lincoln Meadows, Inc. is requesting that the City consent to the sublease of the facility to Lincoln Meadows, L.L.C. pursuant to the terms of the lease for the Series III, 1991, multi-family Housing Revenue Bonds. Lincoln Meadows, Inc. would like to sublease the Project to Lincoln meadows, L.L.C. in order to obtain certain Federal Income Tax advantages regarding form of organization. Section 9.1 of the Lease for the Series III, 1991 multi-family Housing Revenue Bond Issue permits subleasing the Project by the Tenant upon receiving the consent of the City. Lincoln Meadows, Inc. will remain fully liable for the performance of its duties and obligations under the Lease. This transaction represents no financial costs to the City. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the Termination and Release of Assignment of Leases and Rents and the new Assignment of Leases and Rents be approved and the Mayor be -- carried authorized to sign; and the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-96-070 A Resolution consenting to the subleasing of project financed with proceeds of Multifamily Housing Revenue Bonds, Series III, 1991, (Lincoln Meadows, Inc.), presented. Cather moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. NEW BUSINESS PETITION PETITION FOR WATER DISTRIBUTION SYSTEM TO SERVE PEPPERMINT PARK ADDITION AND PART OF MILES HIDDEN LAKES ADDITION, EAST OF 119TH STREET WEST, NORTH OF KELLOGG. Council Member Ferris Council Member Ferris said it would be his intent to defer this Item two weeks. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Ferris moved that this Item be deferred two weeks. Motion carried 7 to 0. IRB - PRINTING, INC. PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - PRINTING, INC. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-177. On September 13, 1994, the City Council approved the issuance of a Letter of Intent for Industrial revenue Bonds in an amount not-to-exceed $14.0 million for a five-year period to Printing, Inc. The bond proceeds will be used to finance the expansion of existing manufacturing facilities and the purchase of new machinery and equipment for its plant located at 344 N. St. Francis in downtown Wichita. Printing, Inc. was also granted an 100% property tax abatement for a 10-year term on the project. In December of 1995, Printing, Inc. was issued Series XIII, 1995 Industrial Revenue Bonds in the amount of $2,719,097.81. This issue financed the start of Phase I of Printing, Inc.'s two phase expansion project. Phase I includes the purchase of additional land, the construction of a 27,500 s.f. production facility and the purchase of a 6-color press. Printing, Inc. is one of the largest commercial print product manufacturers in the state of Kansas. It is owned by Woodman Communications Group (WCG) whose principal owner is Mark Woodman. WCG also owns WEB Graphics and Mercury Web Printing, both in Wichita. Sixty percent (60%) of Printing, Inc.'s sales are outside the state of Kansas. The Company currently employs 204 people at its downtown Wichita plant and is one of the largest manufacturing employers in the downtown area. With the proposed expansion project, the Company will add a minimum of 100 additional employees within five years, including 18 new employees during the first year. Printing, Inc. has planned its expansion for two phases. The first phase, which has started and will be completed in early 1996, includes the purchase of land adjacent to its existing 150,000 sq. ft. plant and construction of a new 27,500 sq. ft. production facility at a cost of $1.3 million, plus the purchase of a new 6-color press at a cost of $4.75 million. The second phase will run from 1997 to 2000 and includes the purchase of a new Full Web press and binding equipment at a cost of $5.6 million. Spanning both phases, the Company also plans to purchase other high tech equipment at a cost of $2.5 million. In its application, the Company stresses that the new facilities and equipment are for use exclusively in production work for the national market and not for the local printing "job shop" portion of their business. According to the Company, much of the equipment is not currently available in Wichita, and as such can be expected to bring millions of dollars of press work into Wichita that is not presently here. The Company lists only three other national-scope commercial printers located in the Wichita-area, of which only two (Rand Publishing and McCormick Armstrong) directly compete with Printing, Inc. in the national market. The third (Valassis Inserts) specializes in producing glossy color newspaper inserts and does not compete with Printing, Inc. In 1992, Printing, Inc. had a annual gross payroll of $5.8 million. With the 18 jobs to be added in the first year of the expansion project, the Company expects to add approximately $235,000 to its payroll, an average of $13,000 per job. Based on 1994 salaries, over $1.3 will be added to the annual gross payroll over the next five years with the addition of 100 new jobs. Printing, Inc. will purchase its own bonds and bonds will not be marketed to investors through underwriters. The Company has selected the law firm of Hinkle, Eberhart & Elkouri to serve as bond counsel. Printing, Inc. currently has an approved Equal Employment Opportunity/ Affirmative Action Plan on file with the City and agrees to provide a Water Conservation Plan for approval prior to the issuance of any bonds. Printing, Inc. agrees to pay all costs of issuing the bonds, and agrees to pay the City's annual administrative fee for the term of the bonds. Printing, Inc. was granted a tax abatement on the improvements financed with the proceeds of the bonds, over and above existing taxes. The actual existing 1995 taxes paid by Printing, Inc. were $37,669 for real property and $66,345 for personal property. The amount of the tax abatement for personal property under this 1996 bond issue is estimated to be $147,462 for the first year. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the public hearing be closed; the bond documents including: the Bond Ordinance, the First Supplemental Indenture, the First Supplemental Lease, the Bond Purchase Agreement, the Bond Placement Agreement and the Administrative Service Fee Agreement be approved and the Mayor be authorized to -- carried sign; the Bond Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance of the City of Wichita, Kansas, authorizing the issuance of not to exceed $5,000,000 aggregate principal amount of Taxable Industrial Revenue Bonds, Series IV- A, 1996 (Printing, Inc.), and not to exceed $1,000,000 aggregate principal amount of subordinated Taxable Revenue Bonds, Series IV-B, 1996 (Printing, Inc.) for the purpose of providing funds to purchase, acquire, construct, and equip improvements and additions to certain existing facilities located in the City of Wichita, Kansas; prescribing the form and authorizing execution of a first supplemental trust indenture by and between the City and Bank IV, N.A., Wichita,Kansas, as trustee with respect to the bonds; prescribing the form and authorizing execution of a first supplemental lease agreement by and between the City and Printing, Inc.; approving the form of a guaranty agreement by and between Printing, Inc. and Bank IV, N.A.; approving the form of an individual guaranty agreement; and prescribing the form and authorizing the execution of a bond purchase agreement by and between the City, Printing, Inc. and Boatmen's First National Bank of Kansas City, Missouri, as purchaser of the Series IV-A, 1996 Bonds and authorizing the execution of a bond placement agreement by and between the City and Printing, Inc., as purchaser of the Series IV-B, 1996 Bonds, introduced and under the rules laid over. CSBG EXPANSION COMMUNITY SERVICES BLOCK GRANT EXPANSION. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-178. The Community Services Block Grant (CSBG) Program is funded by the U.S. Department of Health and Human Services, with funds flowing to local Community Action Agencies through the State of Kansas. The Kansas Department of Commerce and Housing is the state agency charged with administering the CSBG program in Kansas. The City of Wichita is the designated Community Action Agency in this area. There are seven other CAA's in the state, all operated by private non-profit agencies. The CSBG program currently covers 34 counties and the City of Wichita. The Kansas Department of Commerce has announced plans to expand the CSBG program from the counties presently served into all 105 counties of the state. Such expansion would be done without additional funding. The Human Services Department has received a letter from the Kansas Department of Commerce and Housing dated February 5, 1996 requesting that the City of Wichita expand the CSBG program throughout Sedgwick County. The funding received under the CSBG program is utilized for operations of the Human Services Department in conjunction with the Job Training Partnership Act (JTPA) program, for administrative costs of the homeless program grants which allow little or no administrative costs, and for direct assistance to clients in the form of food, rent and utility assistance for persons below the poverty level. It also enables the department to provide support to community efforts such as intake for Operation Holiday/Toys for Tots. The Department currently operates the JTPA program in a six county area and the weatherization program throughout Sedgwick County as required by the funding sources. Expansion of the CSBG area would be consistent with the broader geographic focus of some other department programs. The Kansas Department of Commerce and Housing has indicated that any counties not accepted by the agency to which they are offered may be offered to an adjoining CAP agency. In this case, if the City declines to expand its area of service, it may be offered to Mid Kansas Community Action Program which is headquartered in Eldorado and currently operates in Butler and Harvey Counties. At its meeting on February 22 the Human Services Board voted to recommend that the Council approve expansion into the balance of Sedgwick and accept the State's offer of a $10,000 capacity building grant to implement the expansion. Current funding under the CSBG program is $642,508, and it is projected that funding for the fiscal year beginning July 1, 1996 will remain constant. Beyond that future funding levels are uncertain and are dependent on budget decisions of the Congress. If the City agrees to the expansion into the balance of Sedgwick County, there will be an initial grant of $10,000 to support capacity-building activities, however the annual allocation share will not be increased as a result of serving a larger area or greater population. Should the City agree to this request, the board structure will need to be adjusted to provide representation to all areas served. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that expansion of the CSBG service area be approved. Motion carried -- carried 7 to 0. VOLUME SERVICES AMEND. AMENDMENT TO AGREEMENT - VOLUME SERVICES. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-180. Volume Services has had exclusive contract to provide concessions and catering at Century II since November 1, 1985. The contract expired on November 1, 1995. In anticipation that the new convention hotel would take over the concession and catering operation at Century II, an extension in the contract was negotiated in September, 1995, but implementation has been delayed pending final approval of the hotel development. One of the conditions of the Hotel Development Agreement is that the Hyatt Regency Wichita will take over the food and beverage operation when the hotel opens in 1997. The amendment to Volume Services' contract will insure continued food and and concession service until the Hyatt is ready to take over. Based on 1995 concession and catering revenues, the 2 percent increase in these accounts will increase Century II concessions revenue by $3,000 and food revenues by $10,000. Motion -- Cole moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. MTA BUDGET ADJUSTMENT METROPOLITAN TRANSIT AUTHORITY (MTA) SERVICE BUDGET ADJUSTMENT. Chris Cherches City Manager reviewed the Item. During a workshop of February 28, 1996, the City Council received recommendations from the MTA Board pertaining to service reductions and Saturday service. Strategies for delivering transit dependent transportation services within the budget guidelines were also presented. Agenda Report No. 96-181. The Federal Transit Administration (FTA) has reduced the 1996 financial operating assistance provided to the MTA by 47.6%, or $570,000. To off-set this funding reduction, the MTA Board has taken a number of actions, including: (1) elimination of shuttle services to both Boeing and Coleman; (2) restructuring of routes on the west side resulting in fewer buses being operated; and (3) increasing passenger fares from $0.85 to $1.00. Shuttle service from Lawrence Dumont Stadium through the downtown area has also been targeted for elimination. Elimination of all transit service on Saturdays was also considered. Public hearing were held by the MTA Board on all of these items. MTA staff continues to pursue options to reduce costs and locate additional funding sources from outside the City sources. One option currently being pursued is accessing federal funds, in the amount of approximately $125,000, allocated to the City of Lawrence. These funds have not yet been used and are due to expire on September 30. In an effort to reduce costs, a work scheduling expert from ATE was recently brought in to revise the process used to assign work to drivers. The MTA spends approximately $2.5 million on driver wages annually, and the MTA wants to assure that driver assignments are scheduled in the most cost effective manner. The steps taken, to date, by the MTA to reduce costs will not compensate for a significant portion of the reduction in federal operating assistance. The MTA does not have adequate funding to continue to operate Saturday transit service or the stadium shuttle service. The continuation of other services is contingent upon the further reduction of costs and the availability of additional outside funding. If additional funds are not allocated to the MTA, the Saturday and stadium routes will be discontinued effective, April 1, 1996. At the February 20th workshop, the Council received recommendations of the MTA relative to service reductions. While no actions were taken at this workshop, some Councilmembers indicated their desire to maintain Saturday services and continue to explore ways to maintain Stadium parking shuttle service. In addition, there was some support shown for the continuation of Stadium parking shuttle services with, perhaps, a higher charge to offset some of the expense involved with this shuttle service. The Council requested the MTA Board, along with ATE, rethink the public transportation services in the City. After hearing comments from Council members, the City Council directed that the MTA return to the City Council with recommendations as to how maintain bus service to the transit- dependent residents. These recommendations, along with alternatives, was requested in time for the l997 budget sessions. After determining operating costs as offset by federal funds, farebox revenues (including the fare increase to $1), and previously approved local subsidy, the current projected shortfall in funding MTA operations, including retention of Saturday service, is: 1996 projected shortfall $565,000 Assuming Lawrence, KS reprogrammed funds(125,000) Project Net Shortfall $440,000 The legal "cap" on the 2-mil levy which the City Council can provide in support has about $450,000 left, so a $440,000 subsidy would meet the legal limit. While accessing programmed funds from the City of Lawrence may be possible, there is no certainity that such a reprogramming may occur. If these funds are not realized, the MTA net shortfall will be even greater. Projected Net Shortfall $440,000 Initial Supplemental General Fund Allocation (300,000) Remaining possible shortfall $140,000 The possible deficit of $140,000 would also have to be addressed in the current l996 budget; however, the Council should challenge the MTA and its staff to make every effort to find ways to reduce operational expenses (perhaps, through the driver assignment review/study), exploring other economies in operations, an analysis of the half-fare program, and other opportunities. Until all alternatives are explored, however, the City Council should withhold making any budget adjustment (beyond the $300,000) to cover this additional revenue/operating shortfall. Further consideration can be given to the funding problem during the preparation of the l997 budget, as it reviews the recommendations from the MTA Board. The costs to continue certain services are: 1. Saturday Service - An estimated additional cost, after consideration of project revenues, is $260,000. 2. Stadium Shuttle Service - Operational costs for this service total $55,000, less revenues of approximately $10,000, amount to $45,000 required to continue this service. If the fares are doubled (from $.25 to $.50), the additional costs would be $35,000. [ Note: Adding an additional shuttle from the MultiMedia parking lot would add another $27,000 operational costs, less revenues. There is no experience to estimate revenues, except that they would be much less than the Stadium Shuttle.] If the City Council desires, the Shuttle Service could be assigned to the Trolley Fund to make the trolleys more visible in the Core Area and to avoid a conflict with the statutory mill limit for transporation services. However, the addition of this service might further burden the Trolley fund in meeting its operational commitments. The MTA is only authorized to receive mill levy operating assistance up to a maximum limit of 2-mills. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Cole Council Member Cole spoke in support of the recommendation with assurance of continued Lawrence-Dumont stadium shuttle service for at least 90 days and the possibility of shuttle service to the Multimedia lot. Saturday service should also not be eliminated. Council Member Ferris Council Member Ferris spoke in support of Saturday bus service. Council Member Ferris also said an evaluation needs to be done on who rides the business and it should be figured out what needs to be subsidized. Council Member Rogers Council Member Rogers spoke in support of Saturday bus service. The MTA should look at new vision for what bus service needs to be. A more definitive look needs to be made into who uses the service. Council Member Kamen Council Member Kamen said he hoped to see sufficient support for the MTA through Budget and Planning to determine where and who the riders are. A review of the marketing strategy should also be done. Council Member Cole Council Member Cole stated that education needs to be provided on how to use the bus service. Council Member Rogers Council Member Rogers said it seems the only way to get people to use the bus is when it is super convenient. There has to be a system strategy for providing bus service. The City cannot keep cutting back on bus service and expect people to use the bus system. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Jerry Haney Jerry Haney, bus rider since 1981, said he felt the MTA is not working as hard as it should be on long-range planning - knowing that federal subsidy is going to be cut. Mr. Haney suggested Saturday routes running every hour instead of every one-half hour which would save on fuel and manpower. There is a necessity for Saturday routes. Motion -- Knight moved that the allocation and budget adjustment of $300,000 from the General Fund Reserves for the remainder of the 1996 budget be approved; the MTA Board be directed to take actions to further reduce operational costs and make every effort to secure additional funds from non-city sources to offset 1996 expenses; and the MTA Board be directed to return to the City Council (in time for preparation of the 1997 budget) with recommendations on meeting City needs for public transportation within the current and available 1996 City revenues. In the event that further cost reductions and funding allocations do not meet anticipated service costs, the MTA be directed to return to the City Council during preparation of the 1997 budget with an analysis of needs and/or further -- carried service reduction of services/operations. Motion carried 6 to 1. Ferris - No. OFF AGENDA ITEM CENTURY PLAZA HOTEL. Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 7 to 0. Motion -- Knight moved that Council Members Cole and Ferris be authorized and directed to lead negotiations for a redevelopment strategy for the Century Plaza Hotel. -- carried Motion carried 7 to 0. RECESS The City Council recessed at 10:25 a.m. and returned at 10:37 a.m. TIF REDEVELOPMENT DIST. PUBLIC HEARING: ESTABLISHMENT OF TAX INCREMENT FINANCING REDEVELOPMENT DISTRICTS. a. West Bank (District VI) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. On August 21, 1994, the City Council approved a resolution designating a site south of Lawrence-Dumont Stadium for acquisition in connection with the construction of a public ice rink facility and other developments. On March 21, 1995, the City Council approved the Developer Agreements with Canlan Investment Corporation of Vancouver, British Columbia for development and operation of the ice rink and reclassified the land acquisition project into two projects, one for the ice rink on the west portion of the parcel and one for a private development on the east portion. The use of tax increment financing was identified as a source of funding for the land acquisition. On January 30, 1996, the City Council adopted a resolution stating that the City is considering the establishment of the aforementioned redevelopment district, describing its boundaries and the general plan for redeveloping the district, and setting March 5, 1996 at 10:30 a.m. as the time for a public hearing on the matter. Copies of the resolution were mailed by certified mail to all owners and occupants of property located within the proposed district, and the resolution was published in the City's official newspaper on February 2, 1996. A series of Council actions will be necessary to establish the tax increment district on the West Bank. The tax increment will be "captured" based on the date of the establishment of the district. After the district is established, individual redevelopment projects may be undertaken in the district over time upon the completion of financial feasibility studies, so long as the projects are completed within 15 years of the date of establishment of the district. Once the tax increment financing district is established and a redevelopment plan has been adopted, the County Treasurer will transfer to the City all property tax revenue collected within the district which exceeds the amount that would have been collected if the property still had the assessed value that was in effect the year in which the district was established. In this way, any tax revenue that is attributable to growth in assessed value (assumed to be the result of redevelopment) is "captured" and used to pay for public improvements within the district (including land acquisition) which had helped to foster the redevelopment in the first place. The tax increment redevelopment district is actually established by means of the adoption of an Ordinance by the City Council following a public hearing on the matter. By law, the Board of County Commissioners or the Board of Education have 30 days following the hearing to make a finding by resolution that the establishment of the district will have an adverse effect on the county or school district. If either the County Commission or Board of Education make such a finding, the City will be prohibited from acquiring or redeveloping privately owned property in the redevelopment district. The Ordinance also includes a map of the proposed district. In addition to the adoption of the Ordinance, the law requires that the Council approve the comprehensive plan that provides a general description of the redevelopment and associated public improvements. A resolution is included herewith which adopts the comprehensive plan and designating the area as a blighted area. The costs associated with the establishment of the redevelopment district will be charged to the project for acquisition of the east portion of the land south of L-D Stadium and ultimately paid from TIF revenues. The Board of County Commissioners and the Board of Education for USD 259 will have 30 days following the public hearing to determine whether the district will have an adverse impact on them. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the public hearing be closed; the Ordinance establishing the West Bank Redevelopment District be placed on first reading; and the Resolution setting forth the comprehensive plan for redevelopment of the District and designating the District area to be a blighted area be adopted. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance of the City of Wichita establishing the West Bank Redevelopment District, introduced and under the rules laid over. RESOLUTION NO. R-96-071 A Resolution designating the West Bank Redevelopment District area to be a blighted area and setting forth a comprehensive plan for the redevelopment of the area under the authority of K.S.A. 12-1771, as amended, presented. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. b. North Industrial Corridor. (District I & VI) Council Member Kamen declared a conflict of interest and left the Bench. Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 96-066 A. On October 31, 1995, the City Council approved a Settlement Agreement between the City and the Kansas Department of Health and Environment regarding the environmental clean-up of groundwater contamination in areas known as the 29th and Mead site and the 13th and Washington site. Together, these two areas are referred to as the North Industrial Corridor (NIC). The Settlement Agreement provides the legal framework for the City and State to work together to undertake the environmental clean-up program following the model provided by the Gilbert and Mosley Project. The Agreement is subject to the condition that the City establish a tax increment financing redevelopment district for the project within six months. On January 30, 1996, the City Council adopted a resolution stating that the City is considering the establishment of the aforementioned redevelopment district, describing its boundaries and the general plan for redeveloping the district, and setting March 5, 1996 at 10:30 a.m. as the time for a public hearing on the matter. Copies of the resolution were mailed by certified mail to all owners and occupants of property located within the proposed district, and the resolution was published in the City's official newspaper on February 2, 1996. A series of Council actions will be necessary to establish the tax increment district as a funding source for the NIC environmental clean-up project. The tax increment will be measured based on the date of the establishment of the district. State law allows the City to receive from the total property tax revenues collected for the City, County and School District, an "increment" of tax revenue in an amount not-to-exceed 20% of the taxes produced from property located within the redevelopment district in the year in which it is first established. The 20% "increment" is representative of the portion of property value that is saved from being lost as a result of the clean-up. The reduction of 29th and Mead property values by the County Appraiser supports the reality of this "increment." Once the tax increment financing district is established and a redevelopment plan has been adopted, the County Treasurer will transfer to the City the "increment" of property tax revenue collected within the district which the City will certify each year as part of the annual budget process. The amount of the actual increment will be based on the cost of budgeted clean-up efforts and the anticipated contributions of responsible parties to pay these costs. The TIF will be used only to cover the portion of costs, if any, not covered by the funds collected from responsible parties. The tax increment redevelopment district is actually established by means of the adoption of an Ordinance by the City Council following a public hearing on the matter. By law, the Board of County Commissioners or the Board of Education have 30 days following the hearing to make a finding by resolution that the establishment of the district will have an adverse effect on the county or school district. If either the County Commission or Board of Education make such a finding, the City will be prohibited from acquiring or redeveloping privately owned property in the redevelopment district. The Ordinance also includes a map of the proposed district. In addition to the adoption of the Ordinance, the law requires that the Council approve the comprehensive plan that provides a general description of the redevelopment and associated public improvements. At the time that the Resolution was adopted, setting the Public Hearing for establishment of the NIC TIF District, City staff were engaged in discussions with Phillips Petroleum Co. of Tulsa, OK regarding annexation of their property which is located just outside the city limits but within the zone covered by the KDHE Consent Agreement. Studies indicate that the Phillips property is a contributor to the pollution found in this area and the City staff wanted to include this property in the clean-up program. However, Phillips Petroleum has not agreed to consentual annexation. Staff therefore recommends that the NIC District boundaries exclude the property located outside existing city limits, and that discussions with the County be pursued to find ways to include this property financially in the clean-up effort. The costs associated with the establishment of the redevelopment district will be charged to the NIC environmental clean-up project and ultimately paid from TIF revenues. The Board of County Commissioners and the Board of Education for USD 259 will have 30 days following the public hearing to determine whether the district will have an adverse impact on them. Allen Ball Financial Projects Director, responding to a question regarding the Phillips Petroleum Company out of Tulsa property, said this is not the first time an area has been both in and out of a City. The County would do a parallel TIF following the same steps the City has gone through. Leaving Phillips out of this TIF does not relieve liability. It is intended to require participation in the cleanup. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Jerry McDonald Jerry McDonald asked why there was a jog in the boundary of the TIF. Joe Lang City Attorney's Office responded that the TIF area is a combination of two sites with two separate boundaries being joined into one project. Bob Creed Bob Creed asked whether all property in the entire area would be treated the same with regard to certificates of release. Chris Cherches City Manager answered that all eligible properties would be able to obtain certificates of release. Paul Augmeier Paul Augmeier asked how the process would affect consent orders. Joe Lang City Attorney's Office said it would not affect parcels dealing with KDHE but would require coordination with the City. Robert Henman Robert Henman asked about boundaries being redrawn upon completion of the investigation. Allen Bell Financial Projects Director said the boundaries can be adjusted or redrawn as necessary. This action protects the budgets/tax base of all districts and should be a benefit to all. Motion -- Cole moved that the public hearing be closed; the Ordinance establishing the North Industrial Corridor Redevelopment District be placed on first reading; and the Resolution setting forth the comprehensive plan for environmental remediation -- carried of the District be adopted. Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance of the City of Wichita establishing the North Industrial Corridor Redevelopment District, introduced and under the rules laid over. RESOLUTION NO. R-96-072 A Resolution designating the North Industrial Corridor Redevelopment District area to be a blighted area and setting forth a comprehensive plan for the redevelopment of the area under the authority of K.S.A. 12-1771, as amended, presented. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PAVING ASSESSMENTS PUBLIC HEARING: PROPOSED ASSESSMENTS FOR PAVING PROJECTS. Agenda Report No. 96-179. The Council was notified on February 13, 1996 that the proposed assessment rolls were on file for public inspection in the Special Assessments Section of the City Clerk's office. Notice of hearing was published February 16, 1996, ten days prior to the date of hearing, and affected property owners have been notified in writing. City personnel held an informal hearing February 28, 1996, for the paving projects. Statements of Special Assessment will be mailed March 22, 1996. The property owners have 30 days from date of statement to pay their assessment and avoid paying interest. The assessments not paid during this period will be in the July 1996 Bond Sale and put on the 1996 tax roll over a 15-year spread at the interest rate for which the bonds sell. These projects were initiated pursuant to provisions of K.S.A. 12-6a01 et seq. All were 100% petitions with the exception of: 472-82464 64% Rock Road 472-82463 64% Rock Road 472-82475 50% Rock Island 472-81403 84% Charles 472-82376 83% North Shore 472-82436 50.7% Evergreen 472-82451 49.5% Custer 472-82465 53% Gow Street 472-82466 54% Caroline 472-82358 Ordered In Rock Island 472-82373 Ordered In Rock Island 472-82397 Ordered In Victoria 472-82405 Ordered In Alley/Douglas/Williams 472-82436 Ordered In Evergreen 472-82438 Ordered In 17th Street N. 472-82440 Ordered In Knight St. 472-82485 Ordered In Mead Ave/1st/2nd 472-82486 Ordered in Moore Ave/1st/2nd 472-82510 Ordered In Custer 472-82509 Ordered In Mt. Carmel 472-82546 Ordered In Alexander/49th Paving Projects: a. (472-82358/705707/405-124) - Improving of Rock Island Avenue from the First East-West Alley north of Douglas to First Street, East Wichita Addition (south of Central, east of Broadway), as authorized by Resolution No. R- 93-273, adopted July 6, 1993, and published July 9, 1993. This improvement was order in by the City Council. The Statement of Cost approved January 30, 1996, in the amount of $193,036.00 is to apportioned 50 percent to the improvement district and 50 percent to the City at large. The cost has been assessed on a square foot basis. b. (472-82373/705749/405-128) - Improving of Rock Island from First Street to approximately 360.5 feet north of the north line of First Street, East Wichita Addition (north of First Street, west of Washington), as authorized by Resolution No. R-93-416 adopted October 19, 1993, and published October 22, 1993. This Improvement was ordered in by the City Council. The Statement of Cost approved January 30, 1996, in the amount of $151,535.00 is to apportioned 50 percent to the improvement district and 50 percent to the City at large. The cost has been assessed on a square foot basis. c. (472-82464/705913/405-145) - Construction of an Acceleration-Deceleration/ Right Turn Lane on Rock Road (north of 13th Street, west of Rock), as authorized by Resolution No. R-94-195 adopted May 17, 1994, published May 20, 1994; and revised by Resolution No. R-95-247 adopted June 6, 1995, and published June 9, 1995. The first petition for this improvement was signed by owners representing 64 percent of the property ownership, while the amending petition was signed by 91 percent. The Statement of Cost approved January 30, 1996, in the amount of $107,726.00 is to apportioned 100 percent to the improvement district and none to the City at large. The cost has been assessed on a front foot basis. d. (472-82463/705921/405-146) - Construct a two-way center left turn lane on Rock Road from approximately 290 feet north of the centerline of 13th Street North to approximately 2,380 feet north of the centerline of 13th Street North and necessary transitions (west of Rock, north of 13th), as authorized by Resolution No. R-94-194 adopted May 17, 1994, published May 20 1994; and revised by Resolution No. R-95-246 adopted June 6, 1995, and published June 9, 1995. The first petition for this improvement was signed by owners representing 74 percent of the property ownership, while the amending petition was signed by 90 percent. The Statement of Cost approved January 30, 1996, in the amount of $370,519.00 is to apportioned 50 percent to the improvement district and 50 percent to the City at large. The cost has been assessed on a front foot basis. e. (472-82475/706010/405-155) - Improving of Rock Island from approximately 360.5 feet north of the north line of First Street to Second Street (Old Town Phase III, Part 2), as authorized by Resolution No. R-94-257 adopted June 21, 1994, and published June 24, 1994. Petition for this improvement was signed by owners representing 50 percent of the property ownership (3 of 5 owners). The Statement of Cost approved February 13, 1996, in the amount of $111,777.00 is to apportioned 50 percent to the improvement district and 50 percent to the City at large. The cost has been assessed on a square foot basis. f. (472-81403/762013/490-304) - Improving of Charles from the north line of 46th Street South to the south line of 45th Street South (east of Meridian, north of 47th South), as authorized by Resolution adopted August 28, 1984, and published August 31, 1984. Petition for this improvement was signed by owners representing 84 percent of the property ownership. The Statement of Cost, including the cost of driveways, approved January 23, 1996, in the amount of $102,538.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. g. (472-82341/762138/490-316) - Construction of a continuous northbound accel/decel lane on the east side of Rock Road from a point 1800 feet south of 21st Street to a point 800 feet south of 21st Street; combined curb and gutter shall be constructed on the east side of said pavement; southbound left turn lane on Rock Road to serve the major entrance; southbound accel lane on the west side of Rock Road from a point 940 feet south of 21st Street to a point 1700 feet south of 21st Street; combined curb and gutter shall be constructed on the west side of said pavement; and installation of driveways and wheelchair ramps where required, Bradley Fair Addition (south of 21st, east of Rock), as authorized by Resolution No. R-93-227 adopted May 18, 1993, published May 21, 1993; and rescinded by Resolution No. R-94-304 adopted July 19, 1994, and published July 22, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $289,455.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a square foot basis. h. (472-82397/762245/490-327) - Improving of Victoria from 49th Street South to 47th Street South (west of Hydraulic, south of 48th),as authorized by Resolution No. R-93- 517 adopted December 21, 1993, and published December 24, 1993. This improvement was ordered in by the City Council. The Statement Cost, including the cost of driveways, approved January 30, 1996, in the amount of $193,142.00, including the cost of driveways, is to be apportioned 100 percent to the improvement district. The cost has been assessed on a square foot basis. i. (472-82405/762260/490-329) - Improving of an alley between Douglas and William from the east line of Topeka to the west line of Emporia, English's Addition (east of Broadway, south of Douglas), as authorized by Resolution No. R- 93-502 adopted December 14, 1993, and published December 17, 1993. This improvement was ordered in by the City Council. The Statement of Cost approved January 23, 1996, in the amount of $55,158.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a square foot basis. j. (472-82376/762294/490-332) - Improving of North Shore Boulevard from the north line of 21st Street North to the north line of Lot 1, Block 1, North Lakes Addition (north of 21st, east of Ridge), as authorized by Resolution No. R-93- 374 adopted September 21, 1993, published September 24, 1993; and amended by Resolution No. R-95-314 adopted July 25, 1995, published July 28, 1995; and revised by Resolution No. R-95-526 adopted November 14, 1995, and published November 17, 1995. Petition for this improvement was signed by owners representing 83 percent of the property ownership. The Statement of Cost, including the cost of driveways, approved January 23, 1996, in the amount of $510,617.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. k. (472-82436/762369/490-339) - Improving of Evergreen from the south line of Robin to the south line of Maple; Socora from the east line of Evergreen to the south line of University; Floyd from the east line of Evergreen to the south line of Maple; Topaz from the south line of Lot 8, Block 3, Carriage House Plaza 2nd Addition and the south line of Lot 5, Block E, Floyd Bailey 3rd Addition to the south line of University; Turquoise from the north line of Hendryx to the south line of Maple; and University from the east line of Evergreen to the west line of Woodchuck (south of Maple, east of Tyler), as authorized by Resolution No. R-94-057 adopted February 15, 1994, and published February 18, 1994. This improvement was ordered in by City Council. The Statement of Cost, including the cost of driveways, approved January 30, 1996, in the amount of $977,836.00 is to apportioned 91 percent to the improvement district and 9 percent to the City at large. The cost has been assessed on a square foot basis. l. (472-82438/762427/490-345) - Improving of 17th Street North from the east line of Sheridan to the west line of St. Paul Avenue (west of West Street), as authorized by Resolution R-94-114 adopted April 12, 1994, and published April 15, 1994. This improvement was ordered in by City Council. The Statement of Cost, including the cost of driveways, approved January 30, 1996, in the amount of $157,462.00 is to apportioned 76 percent to the improvement district and 24 percent to the City at large. The cost has been assessed on a square foot basis. m. (472-82451/762435/490-346) - Improving of Custer Avenue from the north line of 16th Street North to the south line of 17th Street North and from the north line of 17th Street North to the south line of 18th Street North (at 17th Street, east of West Street), as authorized by Resolution No. R- 94-113, adopted April 12, 1994, and published April 15, 1994. Petition for this improvement was signed by owners representing 49.5 percent of the property ownership. The Statement of Cost, including the cost of driveways, approved January 30, 1996, in the amount of $141,205.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a square foot basis. n. (472-82440/762450/490-348) - Improving of Knight Street from the north line of St. Louis to the south line of Central, as authorized by Resolution No. R-94-167 adopted May 3, 1994, and published May 6, 1994. This improvement was ordered in by the City Council. The Statement of Cost, including the cost of driveways, approved January 23, 1996, in the amount of $147,554.00, including the cost of driveways, is to be apportioned 95 percent to the improvement district and 5 percent to the City at large. The cost has been assessed on a square foot basis. o. (472-82465/762500/490-353) - Improving of Gow Street from the south line of Caroline Avenue to the south line of St. Louis Avenue (north of 2nd, west of Sheridan), as authorized by Resolution No. R-94-191 adopted May 17, 1994, and published May 20, 1994. Petition for this improvement was signed by owners representing 53 percent of the property ownership. The Statement of Cost, including the cost of driveways, approved January 23, 1996, in the amount of $53, 017.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a square foot basis. p. (472-82466/762518/490-354) - Resolution of findings of advisability and Resolution authorizing improving of Caroline Avenue from the west line of Joann to the east line of Gow Street (north of 2nd, west of Sheridan), as authorized by Resolution No. R-94-192 adopted May 17, 1994 and published May 20, 1994. Petition for this improvement was signed by owners representing 54 percent of the property ownership. The Statement of Cost, including the cost of driveways, approved January 23, 1996, in the amount of $43,402.00 is to apportioned 84 percent to the improvement district and 16 percent to the City at large. The cost has been assessed on a square foot basis. q. (472-82467/762526/490-355) - Improving of Joann from the south line of Caroline to the north line of Second Street (north of 2nd, west of Sheridan), as authorized by Resolution No. R-94-193 adopted May 17, 1994, published May 20, 1994; with a correction re-published January 24, 1996. Petition for this improvement was signed by owners representing 71 percent of the property ownership. The Statement of Cost, including the cost of driveways, approved January 30, 1996, in the amount of $118,751.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a square foot basis. r. (472-81968/762559/490-358) - Improving of a left turn lane on Rock Road at Oxford Circle to serve the proposed access point to Windemere Second Addition, (east of Rock, south of 29th Street North), as authorized by Resolution adopted September 12, 1989, and published September 15, 1989. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 30, 1996, in the amount of $87,339.00, is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. s. (472-82478/762642/490-367) Improving of North Shore Circle from the east line of North Shore Blvd. to and including the cul-de-sac; and North Shore Courts from the east line of North Shore Circle to and including the cul-de-sac serving Lots 18 through 30 and Lots 35 through 41, Block 1, Barefoot Bay (north of 21st, east of Ridge), as authorized by Resolution No. R-94-302 adopted July 12, 1994, published July 15, 1994; rescinded by Resolution No. R-95-001 adopted January 10, 1995, and published January 13, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, including the cost of driveways, approved January 23, 1996, in the amount of $627,894.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. t. (472-82489/762658/490-368) - Improving of Timbercreek Circle from the east line of Meridian to and including the cul-de-sac; and Timbercreek Courts from the north line of Timbercreek Circle to and including the cul-de-sac serving Lots 17 through 26, Block 1 and from the north line of Timbercreek Circle to and including the cul-de-sac serving Lots 30 through 40, Block 1, Harbor Isle Addition, (east of Meridian, south of 53rd Street North), as authorized by Resolution No. R- 94-329 adopted July 26, 1994, and published July 29, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $262,419.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. u. (472-82485/762666/490-369) - Improving of Mead Avenue from 1st to 2nd Streets North and necessary transitions (Old Town Phase III, Part 2), as authorized by Resolution No. R-94-359 adopted August 30, 1994, and published September 2, 1994. This improvement was ordered in by the City Council. The Statement of Cost approved February 13, 1996, in the amount of 633,528.00 is to be apportioned 50 percent to the improvement district and 50 percent to the City at large. The cost has been assessed on a square foot basis. v. (472-82486/762674/490-370) - Improving Moore Avenue from 1st to 2nd Streets North; and necessary transitions (Old Town Phase III, Part 1), as authorized by Resolution No. R- 94-360, adopted August 30, 1994, and published September 2, 1994. This improvement was ordered in by the City Council. The Statement of Cost approved January 30, 1996, in the amount of $387,755.00 is to be apportioned 75 percent to the improvement district and 25 percent to the City at large. The cost has been assessed on a square foot basis. w. (472-82495/762716/490-374) - Improving of left turn and decel lane on 29th Street North to serve the proposed access point to Pioneer Balloon Addition (north of 29th, east of Oliver), as authorized by Resolution No. R-94-342 adopted August 9, 1994, and published August 12, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996 in the amount of $53,768.00 is to be apportioned 100 percent to the improvement district and none to the City at large. The cost has been assessed on a fractional basis. x. (472-82490/762740/490-377) - Improving of Prescott from the east line of Lot 50, Block 12, Pawnee Mesa Addition to the east line of Prescott Court; Prescott and Prescott Court from the north line of Pawnee Avenue to and including the cul-de-sac; Blake from the west line of Prescott to the east line of Rutledge; and on Rutledge and Rutledge Circle from the southwest corner of Lot 28, Block 12, Pawnee Mesa Addition to and including the cul-de-sac (north of Pawnee, west of Lark), as authorized by the Resolution adopted R-94-352, and published August 18, 1995. Petition for this improvement was signed by the owners of 100 percent of the property owners square footage. The Statement of Cost approved January 30, 1996, in the amount of $301,825.00 is to be apportioned 100 percent to the benefit district. The cost has been assessed on a fractional basis. y. (472-82529/762864/490-389) - Improving of a School Bus Loading Zone along Victoria Street south of 47th Street South, as authorized by Resolution No. R-94-481 adopted November 15, 1994, and published November 18, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 30, 1996, in the amount of $38,456.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a square foot basis. z. (472-82510/762872/490-390) - Improving of Custer Avenue from the north line of 18th Street North to the south line of McLean Boulevard (east of Sheridan, north of 13th), as authorized by Resolution No. R-94-479, adopted November 15, 1994, and published November 18, 1994. The improvement was order in by the City Council. The Statement of Cost, including the cost of driveways, approved January 30, 1996, in the amount of $59,871.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a square foot basis. aa. (472-82509/762880/490-391) - Improving of Mt. Carmel Avenue from the north line of 16th Street North to the south line of 17th Street North (between 16th and 17th Street North), as authorized by Resolution No. R-94-478 adopted November 15, 1994, and published November 18, 1994. This improvement was ordered in by the City Council. The Statement of Cost, including the cost of driveways, approved January 30, 1996, in the amount of $65,989.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a square foot basis. bb. (472-82496/762906/490-393) - Improving of Custer Court from the west line of Custer to and including Hammerhead, Ebersole Addition (West of Custer, South of 13th), as authorized by Resolution R-94-356 adopted August 23, 1994, published August 26, 1994; and rescinded by Resolution No. R-95- 160 adopted April 4, 1995, and published April 7, 1995. Petition for this improvement was signed by the owners of 100 percent of the property owners square footage. The Statement of Cost, including the cost of driveways, approved January 23, 1996, in the amount of $43,25100 is to be apportioned 100 percent to the benefit district. The cost has been assessed on a fractional basis. cc. (472-82546/762930/490-396) - Improving of Alexander from the north line of 46th Street North to the south line of 49th Street North (west of Seneca, south of 53rd North), as authorized by Resolution No. R-95-034 adopted January 24, 1995, and published January 27, 1995. This improvement was ordered in by the City Council. The Statement of Cost, including the cost of driveways, approved January 30, 1996, in the amount of $143,015.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a land value basis. dd. (472-82552/762948/490-397)- Improving of Meadow Creek (formerly Waco) from north line of Lot 6, Block 2 to the west line of Fairview, Meadow Creek Addition (south of 29th Street North, west of Broadway), as authorized by Resolution No. R-95-017 adopted January 10, 1995, and published January 13, 1995; and rescinded by Resolution No. R-95-162 adopted April 4, 1995, and published April 7, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost, including the cost of driveways, approved January 23, 1996, in the amount of $62,571.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. ee. (472-82570/762963/490-399) - Improving of Hazel from the east line of Lot 51, Block 1 to the east line of Lot 68, Block 1, Stoneborough Addition; Hazel Court from the south line of Hazel to and including the cul-de-sac to serve Lots 56 through 63, Block 3; and Hazel Court from the south line of Hazel to and including the cul-de-sac to serve Lots 64 through 71, Block 3, Stoneborough Addition (west of Broadway, north of 55th Street South), as authorized by Resolution No. R- 95-114 adopted March 14, 1995, and published March 17, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $181,037.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. ff. (472-82563/762971/490-400) - Improving of Haskell from the east line of Maize Road to the west line of Prairie Woods with sidewalk on the south side of Haskell; Prairie Woods from the north line of Haskell to the north line of Lot 37, Block 1 with sidewalk on the north side of Prairie Woods; Prairie Woods Court from the south line of Prairie Woods to and including the cul-de-sac; and 6 feet wide sidewalk in Reserve B from the east line of Prairie Woods to the east line of Prairie Woods Addition (north of Pawnee, east of Maize), as authorized by Resolution No. R-95-146 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 30, 1996, in the amount of $148,262.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. gg. (472-82550/762989/490-401) - Improving of Esthner from the west line of Lark 2nd Addition to the south line of Lot 5, Block A, Lark 2nd Addition; Mars from the south line of Lot 5, Block A, Lark 2nd Addition to the west line of Lot 9, Block B, Lark 2nd Addition; Dora from the west line of Lot 9, Block B, Lark 2nd Addition to the east line of Lark 2nd Addition; and Dora Courts from the north line of Dora to and including the cul-de-sac to serve Lots 12 through 31, Block A and from the south line of Dora to and including the cul-de-sac to serve Lots 11 through 26, Block B, Lark 2nd Addition (south of Kellogg, east of 119th Street West), as authorized by Resolution No. R-95-135 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 30, 1996, in the amount of $199,011.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. hh. (472-82354/762997/490-402) - Improving of Meadow Oaks and Pepperwood from the south line of 28th Street North to the west line of Edgemoor Circle; Edgemoor Circle from the north line of Pepperwood to and including the cul-de-sac; Pepperwood Circle from the east line of Edgemoor Circle to the east line of Lot 47, Block 2, Meadow Oaks Addition; Meadow Oaks from the south line of Pepperwood to and including Meadow Oaks Circle; and both Meadow Oaks Courts adjacent to Lots 51 through 54 and Lots 56 through 68 in said Block 2 (south of 29th street, east of Oliver); as authorized by Resolution No. R-93-307 adopted on July 13, 1993, published July 16, 1993; and rescinded by Resolution No. R-95-191 adopted April 25, 1995 and published April 28, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996, in the amount of $356,468.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. ii. (472-82539/763029/490-405)- Construct an Accel/Decel Lane on the west side of Broadway from the north line of Lot 1, Block 1 to the south line of Lot 1, Block 1 and on 47th Street South from the east line of Lot 1, Block 1 to the major entrance; and sidewalk constructed on the west side of Broadway and the north side of 47th Street South (Broadway and 47th Street South), as authorized by Resolution No. R-94-516 adopted December 13, 1994, and published December 16, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996, in the amount of $127,987.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. jj. (472-82540/763037/490-406) - Reconstruct the median in Broadway from a point 200 feet more or less north of the south line of Lot 1, to a point 420 feet more or less north of the south line of Lot 1, Dillons 11th Addition (north of 47th Street South, west of Broadway), as authorized by Resolution No. R-94-517 adopted December 13, 1994, and published December 16, 1994. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996, in the amount of $22,261.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. kk. (472-82562/763045/490-407) - Improving of Tee Time from the south line of Lot 5, Block 3, Reflection Ridge 7th Addition and the south line of Lot 39, Block 1, Reflection Ridge 8th Addition to the south line of 29th Street North; Meadow Park Circle from the west line of Tee Time to and including the cul-de-sac; Meadow Park Court serving Lots 7 through 13, Block 1, Reflection Ridge 8th Addition; Meadow Park Court serving Lots 14 through 22, Block 1, Reflection Ridge 8th Addition; Tee Time Court serving Lots 1 through 4, Block 1, Reflection Ridge 8th Addition; Tee Time Court serving Lots 35 through 39, Block 1, Reflection Ridge 8th Addition; and Sidewalk on both sides of Tee Time (south of 29th , west of Ridge), as authorized by the Resolution No. R-95-131 adopted March 21, 1995, and published March 24, 1995. Petition for this improvement was signed by the owners of 100 percent of the property owners square footage. The Statement of Cost approved January 30, 1996, in the amount of $277,748.00 is to be apportioned 100 percent to the to the benefit district. The cost has been assessed on a fractional basis. ll. (472-82053/763052/490-408) - Improving of Prescott from the southerly line of Lot 28, Block 2, and Lot 17, Block 3, Pawnee Mesa Third Addition to the south line of Prescott Court, (north of Pawnee, west of Lark), as authorized by Resolution adopted September 18, 1990, and published September 21, 1990. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 23, 1996, in the amount of $54,317.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. mm. (472-82006/763102/490-413) - Improving of 50th Street South from the east line of Broadway to and including the cul-de-sac at the west line of Southglen 3rd Addition (east side of Broadway, south of 47th Street South), as authorized by Resolution adopted February 27, 1990, and published March 9, 1990. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved February 13, 1996, in the amount of $102,644.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. nn. (472-82160/763201/490-423) - Improving of 18th Street and Covington from the east line of Chambers to the north line of Lot 10, Block G and the north line of Lot 10, Block 1; Gray from the north line of Westport to the east line of Covington; Denise Marie from the north line of Westport to the north line of Westport to the north line of Lot 1, Block 1 and the north line of Lot 13, Block J; Westport and Shefford from the east line of Chambers to the south line of Lot 18, Block J and the south line of Lot 15, Block K, all in Sunridge Second Addition; and that sidewalk be constructed on the north and west sides of 18th Street and Covington from the east line of Chambers to the north line of Lot 10, Block G, in Sunridge Second Addition (north of 13th, east of 119th Street West), as authorized by Resolution No. R-92-175 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 30, 1996, in the amount of $199,507.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. oo. (472-82548/763219/490-424) - Improving of Carr Avenue from the east line of 119th Street West to the northwest corner of Lot 22, Block A, Lark Addition; Carr Courts from the south line of Carr Avenue to and including the cul-de- sac to serve Lots 1 through 12, Block B and from the south line of Carr Avenue to and including the cul-de-sac to serve Lots 13 through 24, Block B; and Carr Circle from the north line of Carr Avenue to and including the cul-de-sac to serve Lots 10 through 22, Block A, Lark Addition (south of Kellogg, east of 119th Street West), as authorized by Resolution No. R-95-062 adopted February 7, 1995, and published February 10, 1995. Petition for this improvement was signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 30, 1996, in the amount of $269,458.00 is to apportioned 100 percent to the improvement district. The cost has been assessed on a fractional basis. pp. (472-82624/763250/490-428) - Improving of Rock Road to serve Lots 6 and 7, Block 1, Comotara Power Center 2nd Addition (west of Rock, south of 37th Street North), as authorized by Resolution No. R-95-375 adopted August 1, 1995, published August 4, 1995; and rescinded by Resolution No. R-95- 463 adopted October 10, 1995, and published October 13, 1995. Petitions for these improvements were signed by owners representing 100 percent of the property ownership. The Statement of Cost approved January 30, 1996, in the amount of $39,640.00 is to apportioned 100 percent to 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, March 5, 1996. Notice of Public Hearing with respect to each of the projects was published February 16, 1996, being not less than 10 days prior to the date of hearing. On the date of publication, a "NOTICE OF HEARING AND PROPOSED SPECIAL ASSESSMENT" on each project was mailed to property owners concerned. An informal hearing with City personnel was held on February 28, 1996. 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. Mike Lindebak City Engineer stated that Items a, b, h, i, j, k, r, s, u, v, z, ll, and mm should be withheld and that there appeared to be no issue with the remainder of items. Mayor Knight Mayor Knight inquired if anyone wished to be heard on the remainder of the Items and no one appeared. Motion -- Knight moved that except for Items a, b, h, i, j, k, r, s, u, v, z, ll, and mm, the Public Hearing be closed; the proposed assessments be approved; and the -- carried ordinances be placed on first reading. Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of an Acceleration-Deceleration/Right Turn Lane on Rock Road (north of 13th Street, west of Rock), introduced and under the rules laid over. (472-82464/705913/405-145) 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 constructing a two-way center left turn lane on Rock Road from approximately 290 feet north of the centerline of 13th Street North to approximately 2,380 feet north of the centerline of 13th Street North and necessary transitions (west of Rock, north of 13th),introduced and under the rules laid over. (472- 82463/705921/405-146) 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 Rock Island from approximately 360.5 feet north of the north line of First Street to Second Street (Old Town Phase III, Part 2),introduced and under the rules laid over. (472- 82475/706010/405-155) 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 Charles from the north line of 46th Street South to the south line of 45th Street South (east of Meridian, north of 47th South),introduced and under the rules laid over. (472- 81403/762013/490-304) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of a continuous northbound accel/decel lane on the east side of Rock Road from a point 1800 feet south of 21st Street to a point 800 feet south of 21st Street; combined curb and gutter shall be constructed on the east side of said pavement; southbound left turn lane on Rock Road to serve the major entrance; southbound accel lane on the west side of Rock Road from a point 940 feet south of 21st Street to a point 1700 feet south of 21st Street; combined curb and gutter shall be constructed on the west side of said pavement; and installation of driveways and wheelchair ramps where required, Bradley Fair Addition (south of 21st, east of Rock), introduced and under the rules laid over. (472- 82341/762138/490-316) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of 17th Street North from the east line of Sheridan to the west line of St. Paul Avenue (west of West Street), introduced and under the rules laid over. (472-82438/762427/490-345) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Custer Avenue from the north line of 16th Street North to the south line of 17th Street North and from the north line of 17th Street North to the south line of 18th Street North (at 17th Street, east of West Street), introduced and under the rules laid over. (472-82451/762435/490-346) 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 Knight Street from the north line of St. Louis to the south line of Central, introduced and under the rules laid over. (472- 82440/762450/490-348) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Gow Street from the south line of Caroline Avenue to the south line of St. Louis Avenue (north of 2nd, west of Sheridan), introduced and under the rules laid over. (472-82465/762500/490-353) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Caroline Avenue from the west line of Joann to the east line of Gow Street (north of 2nd, west of Sheridan), introduced and under the rules laid over. (472-82466/762518/490-354) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Joann from the south line of Caroline to the north line of Second Street (north of 2nd, west of Sheridan), introduced and under the rules laid over. (472-82467/762526/490-355) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Timbercreek Circle from the east line of Meridian to and including the cul-de-sac; and Timbercreek Courts from the north line of Timbercreek Circle to and including the cul-de-sac serving Lots 17 through 26, Block 1 and from the north line of Timbercreek Circle to and including the cul-de-sac serving Lots 30 through 40, Block 1, Harbor Isle Addition, (east of Meridian, south of 53rd Street North), introduced and under the rules laid over. (472-82489/762658/490-368) 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 left turn and decel lane on 29th Street North to serve the proposed access point to Pioneer Balloon Addition (north of 29th, east of Oliver), introduced and under the rules laid over. (472- 82495/762716/490-374) ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Prescott from the east line of Lot 50, Block 12, Pawnee Mesa Addition to the east line of Prescott Court; Prescott and Prescott Court from the north line of Pawnee Avenue to and including the cul-de-sac; Blake from the west line of Prescott to the east line of Rutledge; and on Rutledge and Rutledge Circle from the southwest corner of Lot 28, Block 12, Pawnee Mesa Addition to and including the cul-de-sac (north of Pawnee, west of Lark), introduced and under the rules laid over. (472- 82490/762740/490-377) 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 School Bus Loading Zone along Victoria Street south of 47th Street South, introduced and under the rules laid over. (472- 82529/762864/490-389) 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 Mt. Carmel Avenue from the north line of 16th Street North to the south line of 17th Street North (between 16th and 17th Street North), introduced and under the rules laid over. (472- 82509/762880/490-391) 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 Court from the west line of Custer to and including Hammerhead, Ebersole Addition (West of Custer, South of 13th), introduced and under the rules laid over. (472- 82496/762906/490-393) 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 Alexander from the north line of 46th Street North to the south line of 49th Street North (west of Seneca, south of 53rd North), introduced and under the rules laid over. (472- 82546/762930/490-396) 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 Creek (formerly Waco) from north line of Lot 6, Block 2 to the west line of Fairview, Meadow Creek Addition (south of 29th Street North, west of Broadway), introduced and under the rules laid over. (472-82552/762948/490-397) 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 Hazel from the east line of Lot 51, Block 1 to the east line of Lot 68, Block 1, Stoneborough Addition; Hazel Court from the south line of Hazel to and including the cul-de-sac to serve Lots 56 through 63, Block 3; and Hazel Court from the south line of Hazel to and including the cul-de-sac to serve Lots 64 through 71, Block 3, Stoneborough Addition (west of Broadway, north of 55th Street South), introduced and under the rules laid over. (472-82570/762963/490-399) 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 from the east line of Maize Road to the west line of Prairie Woods with sidewalk on the south side of Haskell; Prairie Woods from the north line of Haskell to the north line of Lot 37, Block 1 with sidewalk on the north side of Prairie Woods; Prairie Woods Court from the south line of Prairie Woods to and including the cul-de-sac; and 6 feet wide sidewalk in Reserve B from the east line of Prairie Woods to the east line of Prairie Woods Addition (north of Pawnee, east of Maize), introduced and under the rules laid over. (472- 82563/762971/490-400) 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 Esthner from the west line of Lark 2nd Addition to the south line of Lot 5, Block A, Lark 2nd Addition; Mars from the south line of Lot 5, Block A, Lark 2nd Addition to the west line of Lot 9, Block B, Lark 2nd Addition; Dora from the west line of Lot 9, Block B, Lark 2nd Addition to the east line of Lark 2nd Addition; and Dora Courts from the north line of Dora to and including the cul-de-sac to serve Lots 12 through 31, Block A and from the south line of Dora to and including the cul-de-sac to serve Lots 11 through 26, Block B, Lark 2nd Addition (south of Kellogg, east of 119th Street West), introduced and under the rules laid over. (472-82550/762989/490-401) 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 Oaks and Pepperwood from the south line of 28th Street North to the west line of Edgemoor Circle; Edgemoor Circle from the north line of Pepperwood to and including the cul-de-sac; Pepperwood Circle from the east line of Edgemoor Circle to the east line of Lot 47, Block 2, Meadow Oaks Addition; Meadow Oaks from the south line of Pepperwood to and including Meadow Oaks Circle; and both Meadow Oaks Courts adjacent to Lots 51 through 54 and Lots 56 through 68 in said Block 2 (south of 29th street, east of Oliver), introduced and under the rules laid over. (472-82354/762997/490-402) 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 constructing an Accel/Decel Lane on the west side of Broadway from the north line of Lot 1, Block 1 to the south line of Lot 1, Block 1 and on 47th Street South from the east line of Lot 1, Block 1 to the major entrance; and sidewalk constructed on the west side of Broadway and the north side of 47th Street South (Broadway and 47th Street South), introduced and under the rules laid over. (472-82539/763029/490-405) 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 reconstructing the median in Broadway from a point 200 feet more or less north of the south line of Lot 1, to a point 420 feet more or less north of the south line of Lot 1, Dillons 11th Addition (north of 47th Street South, west of Broadway), introduced and under the rules laid over. (472-82540/763037/490-406) 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 Tee Time from the south line of Lot 5, Block 3, Reflection Ridge 7th Addition and the south line of Lot 39, Block 1, Reflection Ridge 8th Addition to the south line of 29th Street North; Meadow Park Circle from the west line of Tee Time to and including the cul- de-sac; Meadow Park Court serving Lots 7 through 13, Block 1, Reflection Ridge 8th Addition; Meadow Park Court serving Lots 14 through 22, Block 1, Reflection Ridge 8th Addition; Tee Time Court serving Lots 1 through 4, Block 1, Reflection Ridge 8th Addition; Tee Time Court serving Lots 35 through 39, Block 1, Reflection Ridge 8th Addition; and Sidewalk on both sides of Tee Time (south of 29th , west of Ridge), introduced and under the rules laid over. (472-82562/763045/490-407) 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 18th Street and Covington from the east line of Chambers to the north line of Lot 10, Block G and the north line of Lot 10, Block 1; Gray from the north line of Westport to the east line of Covington; Denise Marie from the north line of Westport to the north line of Westport to the north line of Lot 1, Block 1 and the north line of Lot 13, Block J; Westport and Shefford from the east line of Chambers to the south line of Lot 18, Block J and the south line of Lot 15, Block K, all in Sunridge Second Addition; and that sidewalk be constructed on the north and west sides of 18th Street and Covington from the east line of Chambers to the north line of Lot 10, Block G, in Sunridge Second Addition (north of 13th, east of 119th Street West), introduced and under the rules laid over. (472- 82160/763201/490-423) 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 from the east line of 119th Street West to the northwest corner of Lot 22, Block A, Lark Addition; Carr Courts from the south line of Carr Avenue to and including the cul-de-sac to serve Lots 1 through 12, Block B and from the south line of Carr Avenue to and including the cul-de-sac to serve Lots 13 through 24, Block B; and Carr Circle from the north line of Carr Avenue to and including the cul-de-sac to serve Lots 10 through 22, Block A, Lark Addition (south of Kellogg, east of 119th Street West), introduced and under the rules laid over. (472- 82548/763219/490-424) 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 Rock Road to serve Lots 6 and 7, Block 1, Comotara Power Center 2nd Addition (west of Rock, south of 37th Street North), introduced and under the rules laid over. (472-82624/763250/490-428) a. (472-82358) Rock Island (north of Douglas to First Street). Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole 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 Rock Island Avenue from the First East-West Alley north of Douglas to First Street, East Wichita Addition (south of Central, east of Broadway), introduced and under the rules laid over. (472- 82358/705707/405-124) b. (472-82373) Rock Island (First Street to Washington). Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole 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 Rock Island from First Street to approximately 360.5 feet north of the north line of First Street, East Wichita Addition (north of First Street, west of Washington), introduced and under the rules laid over. (472-82373/705749/405-128) h. (472-82397) Victoria (49th South to 47th South). Mayor Knight Mayor Knight inquired if anyone wished to be heard. Don Dasis Don Dasis, representing the Harmony Baptist Church at 4907 South Hydraulic, protested the assessment on the basis that there was no benefit to the Church property. The Church has no access to the street that was paved. Mike Lindebak City Engineer explained that the Church was only assessed for a small portion of their property, the west 65 feet. Glen Foster Glen Foster, American Freightways, stated that their property had been assessed for two entries to the property and only one entry was constructed. Mike Lindebak City Engineer responded that a correction had been made for the incorrect assessment amount. Motion -- Cather 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 Victoria from 49th Street South to 47th Street South (west of Hydraulic, south of 48th), introduced and under the rules laid over. (472-82397/762245/490-327) i. (472-82405) Allen between Douglas and William (Topeka to Emporia). Mayor Knight Mayor Knight inquired if anyone wished to be heard. Mrs. Moses Mrs. Moses stated that the entire alley was only three driveways long and that the total cost of $55,000 was too much and is ridiculous. In addition to the paving, brick was placed at the sidewalk and the property owners should not be required to pay for the brick. Mike Lindebak City Engineer said the alley is immediately north of the parking garage for the State Office Building. The alley is one block long and was repaved with concrete after the parking garage was constructed. The alley has other features to fit in with the area. The actual cost of the project, including the temporary note financing is $55,000. The properties adjacent to the alley share the cost based on their pro rata frontage along the alley. Mayor Knight Mayor Knight asked, if the alley was for a public purpose, the public garage, what the logic was of requiring other property owners to pay for the alley. Mike Lindebak City Engineer responded that the property owners received a new alley to serve their parking lots and the back sides of their buildings. Brick pavers were placed in the approach areas to be compatible with the rest of the area. Council Member Ferris Council Member Ferris stated that the benefit district should not be paying for the brick pavers. If the City is going to put in brick pavers, then the City ought to pay for the pavers. If the City has to pay for the brick, then maybe the City will not be as likely to use the brick. There is no question that there is benefit to Mrs. Moses parking lot but there is no benefit to Mrs. Moses parking lot for the cost of the brick pavers. Mike Lindebak City Engineer, responding to a question, said the alley was not really necessary for the State Office Building parking garage because the parking garage was constructed to the south of the alley and all of the access from the parking garage is to other streets. The alley was constructed primarily to serve the properties that front on Douglas. Mrs. Moses Mrs. Moses said patrons using the parking garage go through the alley to the parking garage. Council Member Cole Council Member Cole said the project went through the bid process and the prices were established by people doing work for the City, not by the City. The cost for the brick is a miniscule difference. Council Member Kamen present. Council Member Ferris Council Member Ferris said he would not support the benefit district paying for anything other than the concrete and labor for the actual alley itself. Motion -- Cole moved that this Item be deferred two weeks and the City Engineer return with the difference in total project cost versus the cost less enhancements. Motion -- carried carried 7 to 0. j. (472-82376) North Shore Boulevard (21st North, east of Ridge); and s. (472-82478) North Shore Circle (21st North, east of Ridge). Mayor Knight Mayor Knight inquired if anyone wished to be heard. Mayor Knight momentarily absent with Vice Mayor Kamen in the Chair. Richard Seng Richard Seng, representing 28 of 40 homeowners in Barefoot Bay, stated that the street assessments amount to about $17,000 per residence. There are two major components of the street assessments. The issue is that the property owners were assessed the full cost of installing a railroad crossing ($129,000) between North Shore Boulevard and the Barefoot Bay Addition (25th Street). The $129,000 assessment is the first time a residential area has been asked to pay for the cost of a railroad crossing. It is not clear whether the property owners are also going to be required to pay for the annual inspection and maintenance for the railroad crossing. The property owners would like the City, the Railroad, or the Developer to absorb the cost of the railroad crossing and maintenance. Another issue is that, if the property owners are going to be required to pay for the maintenance of the railroad crossing, there is a paving plant just to the south of the residential development which uses the crossing as a main entrance to and from their plant - and the plant (which runs 80,000 pound vehicles across the crossing on a daily basis) received no assessment for the railroad crossing. The paving plant has a sister plant to the northwest and the trucks go back and forth from plant to plant. The North Shore Boulevard properties have been assessed approximately $2,400 annually for the street and the Lakeridge Addition was assessed about $1,300 annually. As it is understood, the Lakeridge Addition lots are smaller but the Lakeridge residents use the street the same amount as the North Shore Boulevard residents on a per property basis. Dave Gordon Dave Gordon again spoke of the other plant to the northwest side which uses the North Shore Boulevard and the railroad crossing. Mike Lindebak City Engineer said one of the conditions of the Barefoot Bay Plat was that access to the plat would be by a new public street which would cross the railroad. The developers had to get permission from the railroad to build another street across the railroad tracks. The railroad agreed to the crossing with the requirement that the developer pay for the crossing material (concrete) and railroad signals. The railroad's requirement then became a platting requirement and the railroad crossing was constructed to serve the plat. Since the street is a City street and the railroad agreement is with the City. The City will be responsible for the annual street crossing maintenance and inspection. The Development is only being assessed for the cost of the agreement. The benefit districts were the districts the developers agreed upon at the amounts the developers agreed to share with the individual property owners. The improvement district was formed simultaneously with the platting. The assessments are done on the basis that the developer wants the property to share in the costs. The term arbitrary could probably be used but the developers probably think they have some logic in how they distribute the cost to different parcels of property. The developer usually gives the prospective property owner an estimate as to the special assessments amount. The fact that there are project petitions on file are also recorded with the Register of Deeds. Persons checking on property can get an estimate from the City on the amount of money that has been petitioned for the various projects. The projects in this development were constructed within the estimates. The developer did repetition one of the projects and the project was through the design process before bids were taken. The amount of the project was then increased to agree with the new petition. All of this should have been done while the developer was still in control of the property. Council Member Ferris Council Member Ferris said the property owners' argument is with the developer - not with the City. The Developer chose the amount of money to be spent on the area and submitted a 100 percent petition which indicated willingness to pay 100 percent of the cost. The state law is designed to allow the developer to subdivide the property through the platting process and assign the costs to the resulting lots on a rational method basis. Mike Lindebak City Engineer said that in this case the cost was distributed on a fractional basis. Square footage and other factors were used to determine how much of the cost would be placed on the different pieces of property. It is thought all of the lots in Barefoot Bay were made equal in the share of costs. The costs originally came through with the petitions for improvement at the time the plats were approved. The costs were known at that time to be high. The only thing that did happen was the repetition, previously referred to, for which the cost was known. It is unknown what disclosure the developer made to the landowners with regard to the assessments. Richard Seng Richard Seng said disclosure has ambiguous from the beginning. Early-on the property owners were told the assessments would be "between $200 and $300 per month" but none of the detail was known regarding how that was going to happen. The entire railroad matter was completely new - "we had no knowledge of that whatsoever." "Last Spring, Mr. Ritchie, at a homeowners association meeting, said the specials were going to be $155 a month. He said that in front of about twenty of us potential homeowners." When Mr. Seng purchased his lot from the builder, the builder told him the specials were only going to be $155 a month based on his knowledge of what went on at the homeowners meeting. Council Member Cather Council Member Cather said that if there was adequate disclosure nothing much could be done. If adequate disclosure not made, Council Member Cather would like to know. Mike Lindebak City Engineer, answering a question, said the street can be extended to the area northwest (where now being used for industrial purposes) and the area it is extended to would pay the assessment. Gary Rebenstorf Director of Law, regarding disclosures, said the City has no ordinance which covers this matter. Council Member Ferris Council Member Ferris said the City is not going to absorb the cost of a railroad crossing which was voluntarily installed by a developer who stated that he would pay for the crossing. Unfortunately, when a developer says he will pay for an improvement, what the developer means is that the cost of the improvement will be attached to the price of the lot to be paid for by whomever purchases the property. Documents are on file and should be noted in the title that there are special assessments, petitions, and what they are for. Council Member Ferris said he would like answers regarding whether there is other unplatted land that can be developed (that will be able to use the railroad crossing) to which part of the cost can be assessed. Council Member Ferris stated that he would not be opposed to some type of vehicle which would allow the City to pay for a portion of the project today and pass the assessment on to an area which would have to use the railroad crossing. Motion -- Ferris moved that Items (j) and (s) be deferred two weeks; that Staff visit with the Developer regarding when, how, and the kind of disclosure made; and that Staff provide the information requested. Council Member Cather Council Member Cather said he would like this matter referred to the MAPD to let them see what happens when these types of costs are dumped on the ultimate purchaser. Council Member Kamen Council Member Kamen said full disclosure should be the obligation of the developer. The problem of disclosure also occurs with regard to what school district prospective property owners are told the property lies within. There should be an ordinance which would require property purchasers to sign off on disclosures. Amendment -- Ferris, with consent of the second, amended the motion to add that the Director of Law look into an ordinance which would require property purchasers to sign off on disclosures. -- carried Motion, as amended, carried 7 to 0. k. (472-82436) Evergreen, etc. (Floyd Bailey Third Addition). Mike Lindebak City Engineer said that the project was initiated for $975,000 with $850,000 for street construction. The City was going to pay 9 percent ($76,500). The street assessments were estimated to be $700,073.50. In actual construction, the street assessments are $762,051. The original estimate per square foot cost was approximately $.30 per square foot. The precise calculation was higher. The question now being asked is regarding the original letter with the $.30 square foot estimate (not including driveways or temporary note interest). The costs were within the budget but the square foot amounts were higher. Mayor Knight Mayor Knight said the Council has just been considering the responsibility of the developer. The City ought to meet or exceed the expectations it places on others. If City staff cites an amount, "then they ought to live with it." Mike Lindebak City Engineer stated that a staff person made an error in a calculation which made the difference of about $.028 per square foot. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Dennis Main Dennis Main asked the Council to reconsider the assessment to the property owners. Karen Whiting Karen Whiting said she had talked to a staff person in Special Assessments who indicated a letter was being drafted which would give the property owners until April 22nd to pay the bill ($8,006.24) in full. What was also found out was that the bond money has not been called for and will not be called for until July. So, the property owners will not know what the overall figure will be if a lump sum is paid now or paid out over a 15- year assessment period. "I would like, as a homeowner, to see those figures before we are asked to pay one figure versus something that is an unknown at this time." Also, Ms. Whiting said she was one of the persons who carried the petition for the Floyd Bailey Addition. The original papers sent to her give the amount of the assessment as $6,640 plus driveway costs. "They told us it will never be more than that figure - and it could be less." The total owed at this time would have been about $7,300. The bill is for $8,000 - a difference of over $700. A random check was done of various property owners with a variation of $600 to $800 per owner over the original estimate. Ms. Whiting asked that this Item be deferred until a meeting of the Addition can be held to find out if everyone has been assessed this much. Also, the group would like to meet with Council Member Ferris and the City Engineer to review the figures. Council Member Ferris Council Member Ferris stated that many meetings were held and this was a good project. Council Member Ferris said he told the property owners the $.30 per square foot maximum amount. This was said based on some assurances from Staff. Council Member Ferris appealed to the Council that when an error is made and the public is told an amount, the City should take care of the mistake. Regarding the cost to be paid at this time, the dollar amount is unknown at this time because a certain amount of bonds must be sold and the bonds must for only the cost of the project plus the temporary financing cost. The exact cost of the project can be given but the exact interest rate of the bond sale is an unknown at this time. An estimate of the interest rate can be given. This is different from other projects because, in this case, the property owners were told that their charge would be $.30 per square foot. In other instances estimates are given based on engineering cost estimates. Then when the projects are bid, if the estimates are higher the projects are not done - rather, new petitions are done for the higher cost. This is an exception because the mistake was unknown until afterwards when the square footage of the area was made. The square footage was computed and the people were told $.30 per square foot. The mistake was not in the construction cost but in the square footage of the area calculation. The petitions were signed based on the $.30 per square foot amount and that the project would not be approved if the costs were greater. Mike Lindebak City Engineer said the error was in the amount of approximately $100,000. Motion -- Ferris moved that this Item be deferred two weeks; the City Engineer return to the Council with the exact cost of the error and an explanation of the error and how it could have been made. Dean Hinkley Dean Hinkley asked that Council Member Ferris' concern be approved in this matter. Mr. Hinkley said a savings was made for the area because the water line was put in at the time the street was constructed. Gary Lowe Gary Lowe expressed appreciation for Council concern as the residents were sold on the project based on the maximum cost of the improvements. -- Withdrawn Ferris, with consent of the second, withdrew the motion. Motion -- Ferris moved that the $.30 per square foot, plus driveway costs, plus the temporary note interest be approved; that the City pay the difference; that Staff return with two weeks with options of where the $100,000 is to come from; and the -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Evergreen from the south line of Robin to the south line of Maple; Socora from the east line of Evergreen to the south line of University; Floyd from the east line of Evergreen to the south line of Maple; Topaz from the south line of Lot 8, Block 3, Carriage House Plaza 2nd Addition and the south line of Lot 5, Block E, Floyd Bailey 3rd Addition to the south line of University; Turquoise from the north line of Hendryx to the south line of Maple; and University from the east line of Evergreen to the west line of Woodchuck (south of Maple, east of Tyler), introduced and under the rules laid over. (472- 82436/762369/490-339) r. (472-81968) Left turn lane on Rock Road at Oxford Circle. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Bill Klugge Bill Klugge, Attorney representing the Oxford Addition, said the specials were undisclosed by the developer. There is an absolute necessity for a vehicle for disclosure of special assessments. The result in this case has been 100 percent of the assessment being against the Oxford Addition with nothing being assessed to property across the street. The improvement to Rock Road should be assessed to the City at-large. Mayor Knight momentarily absent with Vice Mayor Kamen in the Chair. Mike Lindebak City Engineer explained that when the Plat was approved it was known that more residences would add traffic to Rock Road. The plat was approved with the requirement of the left turn lane to keep the traffic flow as smooth as possible. Conditions for approval of plats are often reason for some of the costs that go to the property owners via developer petition to the City. The City Council ultimately approves the petitions and the amount to be assessed to the area because of the use of the Special Assessment law in the development process. The costs are passed on as the platted area is sold to individual property owners. Marvin Krout Director of Planning said it has been a tradition for decades for development in this community to use special assessments as a way to pass on the costs. The developer, in one way or another (home, lot, or other means), is going to pass on the costs in order to make the development profitable. The special assessments method is convenient and does not require the developer to put up front-end costs and allows the costs to be spread to the buyer. It may be that there have not been good disclosures by the developers in the past. Council Member Kamen Council Member Kamen said the City helps projects develop by allowing the use of the City's lower interest rate which transcends to lower building costs. The facts have to be disclosed. Property owners should have to sign off that these matters have been disclosed. Council Member Ferris Council Member Ferris asked that the Director of Law be directed to research whether or not cities have the authority to do these kinds of things and, if so, to draft the appropriate document; and that Council Members Ferris and Kamen be authorized to take the document to various appropriate groups. Greg Jessup Greg Jessup, Oxford Place Addition, said that since the Northwest Expressway went in, increased traffic north/south has now made it so that Oxford residents have no benefit from the left turn lane because of the wait for oncoming traffic. Jim Roth Jim Roth, attorney representing apartment owners in the area, said the advantage of the turn lane is to the public using Rock Road. Council Member Ferris Council Member Ferris said the Council was aware of the traffic on Rock Road and the left turn lane was a requirement of the plat before the area could be developed as it would add traffic to Rock Road. Motion -- Kamen moved that the public hearing be closed; the assessments be approved; and -- carried the Ordinance be placed on first reading. Motion carried 6 to 1. Knight - No. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of a left turn lane on Rock Road at Oxford Circle to serve the proposed access point to Windemere Second Addition, (east of Rock, south of 29th Street North), introduced and under the rules laid over. (472-81968/762559/490-358) Council Member Cather left the Bench. u. (472-82485) Mead Avenue (1st to 2nd Streets North). Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole 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. (Cather 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 Mead Avenue from 1st to 2nd Streets North and necessary transitions (Old Town Phase III, Part 2), introduced and under the rules laid over. (472-82485/762666/490-369) v. (472-82486) Moore Avenue (1st to 2nd Streets North). Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Dennis Wilkey Dennis Wilkey, 709 E. 2nd, said the use of the street has changed to accommodate traffic for the Coleman buildings. Now the street is one lane to the south with no exit. To exit his property, vehicles have to cut through the parking lot. The improvements were cosmetic, not functional. Mr. Wilkey's property is used as a warehouse, not for retail, and his property receives no benefit from the improvements. Mr. Wilkey said he spoke against this in August of 1994, trying to stop the project, and was assured at the time that the Council position was that the street was going to be paved and when it is done the City would decide who would pay the bill. The City is the only other owner and will derive benefit. Council Member Ferris said he would need to meet with the Law Department and review a transcript of the August 30, 1994, Council meeting. Council Member Kamen Council Member Kamen stated that warehouse owners are being forced to move out of the Old Town area - against their will - and that, at the least, the City ought to work out some type of deferment where warehouse owners who derive no benefit from this type of situation can have assessments deferred until such time as the property used for a different purpose. Council Member Kamen also clarified that Marketplace Properties owns the other property, not the City. Motion -- carried Ferris moved that this Item be deferred two weeks. Motion carried 6 to 0. (Cather absent) z. (472-82510) Custer (18th Street North to McLean Boulevard). Mayor Knight Mayor Knight inquired if anyone wished to be heard. Paul Pritchard Paul Pritchard asked how this project came about and whether there was a petition signed. Mr. Pritchard said his notification of the project indicated the project was to cost $.25 or $.26 per square foot. Now, he is told the cost is $.30 or so per square foot. Mike Lindebak City Engineer said the project was ordered in because there were a number of streets in the area being paved and this street was one some of the people in the area had asked to be improved but did not want to go through the process of circulating the petition. The City Engineer said he would need some time to review the file. Motion -- Ferris moved that this Item be deferred two weeks; the City Engineer be allowed to meet with Mr. Pritchard and then give the City Council a full report of the -- carried outcome of that meeting. Motion carried 6 to 0. (Cather absent) ll. (472-82053) Prescott (north of Pawnee, west of Lark). Mike Lindebak City Engineer said two petitions were submitted for this project and the developer has asked that the assessments be figured on the other petition which has two fewer lots. The City Engineer recommended a two week deferral so the assessments could be figured on the second Petition. Motion -- Ferris moved that this Item be deferred two weeks and the the assessments be -- carried figured on the second Petition. Motion carried 6 to 0. (Cather absent) mm. (472-82006) 50th Street South (east of Broadway, south of 47th South). Mayor Knight Mayor Knight inquired if anyone wished to be heard. Council Member Ferris left the Bench. Bill Morris Bill Morris, owner of the Glen Acres Mobile Home Park at the east end of 50th Street South, said he found out this meeting via a FAX from his attorney this morning. Mr. Morris said the final figure presented here is double what he had anticipated when this project was first brought up in 1990. Mr. Morris also said he had not received any information from the City which informed him of anything. Chris Cherches City Manager explained that there is an agreement between Mr. Morris and the property owner. Gary Rebenstorf Director of Law stated that only the property owner can object to assessments. Motion -- Gale moved that this matter be deferred two weeks and that Staff contact -- carried Mr. Morris and answer his questions. Motion carried 5 to 0. (Cather, Ferris; absent) Council Members Cather, Ferris; present. CONDEMNATIONS HEARINGS ON DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 96-059 A. On January 23, 1996, a report was submitted with respect to the dangerous and unsafe conditions of the buildings located on properties. The Council adopted resolutions providing for public hearings to be held on each of these condemnation actions at 11:00 a.m. on March 5, 1996. On November 15, 1995, and December 8, 1995, the Board of Code Standards and Appeals (BCSA) held a hearing on the following properties: Property Address Council District (1) 317 S. Dodge 6 (2) 1041 N. Spruce 1 Pursuant to State Statute the Resolutions were duly published twice, on January 24th and 31st, 1996. 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. Motion -- Cole moved that the public hearing be closed, the resolution declaring the buildings dangerous and unsafe structures be adopted, and the BCSA recommended time frame to alleviate the code violations be accepted. Any extensions of time granted to repair the structures would be conditioned on the following: (1) All taxes have been paid to date, as of March 5, 1996; (2) the structure(s) has/have been secured as of March 5, 1996 and will continue to be kept secured, and (3) the premises are mowed and free of debris as of March 5, 1996 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 action and also instruct the City Clerk to have the resolutions published once in the official -- carried city paper and advise the owners of these findings. Motion carried 7 to 0. RESOLUTION NO. R-96-073 A Resolution finding that the structure located on Lot 19, Dodge Avenue in Lawrence's Second Addition to Wichita, Sedgwick County, Kansas, commonly known as 317 South Dodge, 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 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Motion -- Rogers moved that the public hearing be closed, the resolution declaring the buildings dangerous and unsafe structures be adopted, and the BCSA recommended time frame to alleviate the code violations be accepted. Any extensions of time granted to repair the structures would be conditioned on the following: (1) All taxes have been paid to date, as of March 5, 1996; (2) the structure(s) has/have been secured as of March 5, 1996 and will continue to be kept secured, and (3) the premises are mowed and free of debris as of March 5, 1996 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 action and also instruct the City Clerk to have the resolutions published once in the official -- carried city paper and advise the owners of these findings. Motion carried 7 to 0. RESOLUTION NO. R-96-074 A Resolution finding that the structure located on Lots 9 and 11, Penn Avenue, now Spruce, Solomon's Second Addition to Wichita, Sedgwick County, Kansas, commonly known as 1041 North Spruce, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. 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 and legal advice; and preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed at approximately 2:30 p.m. in the City Council -- carried Chambers. Motion carried 7 to 0. RECESS Council recessed at 1:50 p.m. and reconvened in regular session at 2:45 p.m. Council Members Cather, Gale; absent. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADDENDUM ITEM 10a. FIRE EQUIPMENT DONATION FIRE PUMPERS FOR CANCUN, MEXICO Chris Cherches City Manager reviewed the Item. Council Member Gale present. Agenda Report No. 96-206. Cancun, Mexico has been a Sister City to the City of Wichita since 1975. The Sister Cities program is designed to further international understanding and appreciation through the exchange of information and resources. Specifically, the program provides an avenue to share professional, cultural and technical information to other cities across the world. The Fire Department has five surplus fire pumpers that would be sold in a City auction. However, to assist the efforts of the Sisters Cities Program, the Fire Department is offering to give two of the fire pumpers to Cancun. Fire Officials in Cancun have indicated that the pumpers are desperately needed and would be of great use to their community. The fire pumpers would have been sold at a surplus auction. The pumpers are valued at approximately $$ (Purchasing will provide). Cancun will cover all shipping cost for the pumpers. Cancun will also cover travel expenses for a City firefighter to provide training to the Cancun firefighters. Council Member Kamen Council Member Kamen said his opinion was that these pumpers should be offered to the cities surrounding Wichita and Sedgwick County to see if there is any interest if those two are to be donated; then, if there is no interest, then they should all be auctioned with a minimum and if the minimum is not met for at least two of the pumpers - then they could be donated to Cancun. There is no problem with donating them to Cancun except that the cities around Wichita should have the first chance. Council Member Cather present. Chris Cherches City Manager, responding to a question, said that when the City previously had surplus fire pumpers, he thought the City received about $1,300 to $1,500. Council Member Kamen Council Member Kamen suggested a minimum of $5,000 to $7,000 and then see whether the pumpers would bring that at an auction. Chris Cherches City Manager explained that there have been lengthy discussions with Cancun representatives relative to this matter. If the donation is not to be made, Cancun representatives will need to be advised. Mayor Knight Mayor Knight suggested that the City's highest regard for Cancun as a sister City be conveyed to Cancun; and that they be told that out of public responsibility, this matter must be handled in a way that fits the mood of the community, and that the neighboring communities will be checked and then a decision will be made. Council Member Cather Council Member Cather said he was in Cancun two years ago and they were asking about this proposal at that time. Council Member Cole momentarily absent. Council Member Kamen Council Member Kamen explained that relations with Cancun are important but relations with communities in Sedgwick County are the same or more important. Mayor Knight Mayor Knight suggested the City check with communities in the region and then set a minimum bid amount. If the minimum bid is not reached and the neighboring communities do not have a use for the equipment, then the pumpers should be given to Cancun. Council Member Rogers Council Member Rogers said Cancun has an extreme need and this matter should be expedited as much as possible. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that three of the pumpers be auctioned off as the City recommends; the other two pumpers be offered to cities in the Sedgwick County area; if the cities in the area have no use for the pumpers, the two be auctioned off (minimum bid of $7,000) with the other three (or separately); and if the minimum is not received, the two pumpers be donated to Cancun without coming back to the Council. Council Member Rogers Council Member Rogers said all pumpers ought to be auctioned for the same minimum bid - not just two of the pumpers with a minimum. The City also needs to determine what kind of money (based on a reasonable assessment from the City Manager) the City can get for the pumpers. That amount needs to be coupled with what the City thinks donating the pumpers to Cancun is worth. That would give the City a reasonable estimate of how tax dollars are being handled. If a surrounding city has a need for a pumper, there is no problem with that. But, the City's commitment to Cancun is worth something. Council Member Kamen Council Member Kamen suggested auctioning off the three pumpers, see what they bring, and then a decision be made on the other two pumpers if no city in Sedgwick County wants the pumpers. Council Member Ferris Council Member Ferris said Wichita is a big enough city that if there are five cities in the surrounding area that want pumpers, the City would be glad to get rid of all five. What this would do long-term for the City's benefit far outweighs the $2,000 that the City might get. The City has never done five pumpers at once so, obviously, there would not be as much demand for the fifth pumper as for the first pumper. Subst. Motion -- Ferris moved a substitute motion that the City Manager be authorized to contact communities within our State and see if there is any interest in any of the five pumpers and, if there is not interest, that two be given to Cancun and three be auctioned off. If there is interest in the other ones that we just go ahead and -- carried auction off the three. Motion carried 7 to 0. CITY COUNCIL AGENDA NAMING OF EXPO HALL NAMING OF EXPO HALL CONVENTION FACILITY IN HONOR OF FORMER COMMISSIONER BOB CONVENTION FACILITY BROWN. (Requested by Mayor Knight) Mayor Knight Mayor Knight said Bob Brown served with great distinction on the Wichita Committee Commission and on the subsequent Wichita City Council for eight years, and he was mayor twice. Bob Brown was a super elected official. Bob Brown did a lot in terms of leading the way and was primarily responsible for the Expo Hall building which was constructed beside the Century II facility. There is a process the Council would typically go through in the facility naming process but it is hoped that there is such support in this effort that the naming process could be waived. Bob Brown's wife has been contacted and has indicated that this would be a very appropriate tribute to his memory. Motion -- Knight moved that the facility naming process be waived and the Expo Hall be renamed in honor of Bob Brown. Mayor Knight said he would like a plaque and picture placed in the facility; and he would like to have a get together some Sunday to have a formal dedication. -- carried Motion carried 7 to 0. APPOINTMENTS APPOINTMENTS TO CITY BOARDS AND COMMISSIONS. Civil Rights and Services Board (1 vacancy - Cole) Police & Fire Retirement Board of Trustees (1 vacancy - Cole) Wichita Public Building Commission (1 vacancy - Kamen) Appointments will be for terms expiring June 30, 1997. Motion -- Cole appointed Bill Owings - Police and Fire Retirement and moved that the -- carried appointment be approved. Motion carried 7 to 0. SOLID WASTE NOTICE OF VACANCIES - WICHITA/SEDGWICK COUNTY SOLID WASTE MANAGEMENT COMMITTEE. (terms expire June 30, 1997) Two vacancies (Knight and Cather), due to the nonattendance of Kenneth Hartstein and Amber Bogle. Motion -- Knight appointed Karen Gale and moved that the appointment be approved. Motion -- carried carried 7 to 0. Council Member Cather Council Member Cather explained that Amber Bogle had missed meetings due to a broken foot and let and that he desired to reappoint her to the position. Motion -- Cather reappointed Amber Bogle and moved that the appointment be approved. -- carried Motion carried 7 to 0. NOTICE OF VACANCY NOTICE OF VACANCY - HUMAN SERVICES BOARD. (term expires June 30, 1997) One vacancy (Council-at-large) due to the resignation of Vella Sillah. Motion -- Knight moved that the rules be set aside and an appointment be made off the -- carried Agenda. Motion carried 7 to 0. Motion -- Knight appointed Virginia White and moved that the appointment be approved. -- carried Motion carried 7 to 0. NOTICE OF VACANCY - COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. (term expires June 30, 1997) One vacancy (Kamen) due to the death of Anna Shinkle. Appointment will be made March 19, 1996. PROCLAMATIONS PROCLAMATIONS. -- Children First Day -- Women's History Month -- Polka Days -- Doctors' Appreciation Day -- Safety Week Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 42, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MARCH 4, 1996. At 10:00 a.m., Friday, March 1, 1996, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes 3/4/96) WATER & SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: MISCELLANEOUS ELECTRICAL SUPPLIES (182154 - 182170 - 182048) AS PER SPECIFICATIONS Item 1 - Stanion Wholesale Elec. - $ 450.00 (Total Net Bid) Item 2 - Kriz Davis Co. - $ 118.00 (Total Net Bid) Item 3 - Consolidated Electrical Dist.- $15,283.24 (Total Net Bid) Item 4 - Stanion Wholesale Elec. - $ 358.10 (Total Net Bid) HEALTH DEPARTMENT/ENVIRONMENTAL SERVICES DIVISION: PRIVATE LOT CLEAN-UP AND PRIVATE LOT MOWING (220418 - 220400) AS PER SPECIFICATIONS Group 1 - Green Glo Turf Maint. Inc. Item 1 - $20.00 Per Hour Item 2 - 10.00 Per Hour Item 3 - 50.00 Per Hour Item 4 - 55.00 Per Hour Item 5 - 45.00 Per Hour Item 6 - 10.00 Per Hour Item 7 - 30.00 Per Locationn Item 8 - 40.00 Per Location Item 9 - 50.00 Per Acre Item 10 - 10.00 Per Each Item 11 - 10 Percent Item 12 - 10 Percent Group 2 - Complete Landscaping System Inc. Item 1 - $29.90 Per Location Item 2 - 29.90 Per Location Item 3 - 29.90 Per Location Item 4 - 29.90 Per Location Item 5 - 29.90 Per Location Item 6 - 29.90 Per Location VARIOUS DEPARTMENTS, BOARDS & AGENCIES: RIDING FRONT DECK MOWER AS PER SPECIFICATIONS Western Implement Co. Inc. - Total Net Bid - $23,200.00 Option 1 - Lump Sum - Deduct $3,701.00 WATER & SEWER DEPARTMENT/WATER TREATMENT PLANT: 42" VALVE AND OPERATOR AS PER SPECIFICATIONS Henry Pratt Company - $18,088.00 (Total Net Bid Plus Applicable Sales Tax) PUBLIC WORKS/FLEET & BUILDINGS: BASEMENT ROOF REPLACEMENT FOR THE HEARTSPRING ADMINISTRATION BUILDING (617886 - 2505) AS PER SPECIFICATIONS Vander-Roofven Co. Inc. - $49,500.00 (Alternate Total Net Bid) Knight moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1996 (Consumption off Premises) John R. Leftwich C Mart #9109 400 So. West St. John R. Leftwich C Mart #9102 7101 E. Lincoln New Operator 1996 (Consumption off Premises) Nancy Kuhl 7-Eleven Store #9506330 E. 21st New Establishment 1996 (Consumption off Premises) Roy E. Brockmeier QuikTrip #368R 626 W. 21st St. John Boyd Phillips 66 2001 S. Oliver 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. 1996 Contract Maintenance Surface Milling and Asphalt Concrete Overlay of Arterial Streets at various locations. (132282/630418 - MH Adj) (112000/533000) Traffic to be maintained through construction. (Council approval date 01- 23-96) (District all) b. 1996 Contract Maintenance Quickset Slurry Seal of Asphalt Streets at various locations. (131557/112000) Traffic to be maintained through construction. (Council approval date 01-23-96) (District all) c. 1996 Arterial Sidewalk and Wheelchair Ramp Construction (Phase I) at various locations. (472- 82685/706317/405185) Traffic to be maintained through construction. (Council approval date 01-23-96) (District all) d. Eisenhower Avenue from the south line of Elm to the south line of Murdock, West Central Gardens Addition. (472-82595/763128/490415) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 06-13-95) (District V) e. 16" Water Line along Hoover from Hendryx to Taft, and along Taft from Hoover to Meadowhaven (north of Kellogg, west of Hoover). (448-88954/633115/544376) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District V) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., March 15, 1996. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. 1. Storm Water #468 to serve Wildwood Addition (south of 21st, west of Maize). (468-82524/750760/485112) Does not affect existing traffic. (Council approval date 02-27-96) (District 5) 2. Storm Water Sewer #278 to serve Graf- Goldston and West Towne Baptist Church Addition (south of 21st, east of Maize). (468-81426/750786/485114) Does not affect existing traffic. (Council approval date 02-05-85) (District 5) 3. Storm Water Sewer #117 to serve Hickory Creek Estates Addition (south of 13th, west of 119th St. West). (468-82564/750778/485113) Does not affect existing traffic. (Council approval date 01-23-96) (District 5) 4. Water Distribution Systems to serve (88309) Cranmer Addition (north of 21st, west of Maize), (88348) Agape Addition (east of Maize, south of 23rd), (88633) Timber Ridge 2nd Addition (south of 21st, east of Maize), and (88939) Chadsworth Commercial 2nd Addition (north of 21st, east of Maize). (448-88309/732834/470361) (448-88348/732842/470362) (448-88633/732859/470363) (448-88939/732917/470369) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-12-88/12-20-88/09-15- 92/08-01-95) (District 5) 5. Water Distribution System to serve Hickory Creek Estates Addition, Phase I (south of 13th, west of 119th St. West). (448-88981/733089/470386) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 01-23-96) (District 5) 6. Water Supply Line to serve Hickory Creek Estates Addition (south of 13th, west of 119th Street West). (448-88980/733071/470385) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 01-23-96) (District 5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., March 15, 1996. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1996 Contract Maintenance Asphalt Street Heater-Scarification at various locations - $335,720.00. (132266/112000) Traffic to be maintained through construction. (Council approval date 01-23-96) (District all) b. Lateral 1, Main 18, Southwest Interceptor Sewer to serve Hickory Creek Estates Addition (south of 13th, west of 119th Street West) - $307,000.00. (468- 82562/742601/480352) Does not affect existing traffic. (Council approval date 01-23-96) (District V) c. Water Distribution System to serve Robbins Farm Fourth Addition (west of Broadway, north of 55th Street South) - $53,000.00. (448-88929/732982/470376) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 10-17-95) (District IV) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. CPO Coordinating Board, 2/7/96 CPO Northeast Council 1, 2/12/96 CPO East Council 2, 2/12/96 CPO Northwest Council 5, 2/14/96 CPO North Central Council 6, 2/14/96 Wichita Metropolitan Transit Authority, 1/25/96 Wichita/Sedgwick County Alcohol and Drug Abuse Advisory Board, 2/8/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 96-205. In accordance with 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: 8th Annual St. Pat's Run Date of event: March 16, 1996 Location: Central Riverside Park/Old Town Street Closures: Riverside loop; and Rock Island (12 Noon to 3 p.m.) St. Joseph Catholic Church Annual Parish Dinner Date of event: March 17, 1996 Location: 145 South Millwood Street Closures: Millwood, South of Douglas to Burton MS Walk Date of event: April 13, 1996 Location: Downtown area (sidewalks/bikepath) Street Closures: none Heart & Sole Classic Corporate Run Date of event: April 24, 1996 Location: Downtown Area Street Closures: Douglas McLean,Lewis Street Bridge March of Dimes Annual Walk America 10K Walk Date of event: April 27, 1996 Location: Downtown Area Street Closures: None (sidewalks/bikepath) 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 Sponsor 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 respect to the event's use of the closed City streets. Motion carried -- carried 7 to 0. CLAIMS ALLOWED REPORT ON CLAIMS ALLOWED - JANUARY, 1996. Name of Claimant Amount Michael Corns $527.61 Harold J. Dohr $425.00 Julie Thimmesch $534.80* Melinda Lee Jacobs $264.54* *Settled for lesser amounts. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. FINANCIAL REPORT MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDING JANUARY 31, 1996. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. LIMOUSINE SERVICE APPROVAL OF CERTIFICATES OF CONVENIENCE AND NECESSITY FOR CHARTER LIMOUSINE SERVICE. a. Artistic Limousine Service. Agenda Report No. 96-182. Artistic Limousine Service is the oldest operating limousine service in Wichita. It was first licensed in 1991 and is owned and operated by Dale Steven. Artistic's fleet is comprised of: a 1988 Lincoln St. Tropaz, a 1986 Lincoln Towncar, and a Lincoln super-stretch Towncar. All three vehicles have been inspected by WMTA staff. Mr. Steven's application includes a letter of request, payment of $200.00 filing fee, insurance binder, police records check on drivers, and a coy of the public hearing notice. All current licensed operators received a copy of the same notice. A Public Hearing was conducted on this request before the WMTA Board at its meeting of February 22, 1996. Notice was published in The Wichita Eagle in addition to being sent to each of the city's licensed operators. The WMTA Board adopted a resolution recommending that the Certificate of Convenience and Necessity be granted Artistic Limousine Service. Artistic Limousine Service is currently one of eight licensed operators in Wichita. Considering their years of experience and good performance of service, their continued operation of service in the city would be a benefit to the community. Renewal of the certificate is recommended. There will be no financial liability for the City of Wichita. Artistic Limousine's existing insurance policy has been reviewed and approved by the City's Law Department for ordinance compliance. Motion -- Knight moved that the Certificate of Convenience and Necessity for Artistic Limousine Service to operate up to a maximum of five (5) limousines be approved. -- carried Motion carried 7 to 0. b. Executive Limousine Service. Agenda Report No. 96-183. Artistic Limousine Service is a current city- licensed limousine service in Wichita. A Certificate of Convenience and Necessity to operate up to three (3) limousines was issued to Mr. Gary Hoover, owner, on November 9, 1993. His certificate is valid up to November 9, 1998. However, Mr. Hoover currently operates three (3) vehicles: a white 9193 ten (10) passenger Lincoln Towncar, a black 1993 eight (8) passenger Lincoln Towncar, and a white 1989 six (6) passenger Lincoln Towncar. All three of these vehicles have recently passed WMTA inspections and bear 1996 license decals. On January 18, 1996, WMTA received notice from Mr. Hoover requesting to change his current certificate to allow for the operation of up to six (6) limousines. Executive Limousine has expressed a desire to license a fourth car soon should a new certificate be issued. It is its plan to license a newly converted ExCaliber package (18988 Lincoln Towncar). A Public Hearing was conducted on this request before the WMTA Board at its meeting of February 22, 1996. Notice was published in The Wichita Eagle in addition to being sent to each of the city's licensed operators. The WMTA Board adopted a resolution recommending that the Certificate of Convenience and Necessity be granted Executive Limousine Service. Executive Limousine Service has been operating in Wichita for over two (2) years. There have been no complaints received from any of their customers about poor service. They were the first service to bring in a super- stretch vehicle to Wichita. They were also the first service to bring in a black super-stretch limousine. They will now have a unique ExCaliber package vehicle (converted from their 1988 Lincoln Towncar) to put into service should their Certificate be changed to accommodate more vehicles. Executive Limousine Service seems to be dedicated toward bringing new, fashionable, classy, service to the citizens of Wichita. There will be no financial liability for the City of Wichita. Executive Limousine's existing insurance policy has been reviewed and approved by the City's Law Department for ordinance compliance. Motion -- Knight moved that the Certificate of Convenience and Necessity for Executive Limousine Service to operate up to a maximum of six (6) limousines be approved. -- carried Motion carried 7 to 0. SIDEWALK/RAMP PROGRAM 1996 ARTERIAL SIDEWALK AND WHEELCHAIR ACCESS RAMP PROGRAM. Agenda Report No. 96-184. 1996 Capital Improvement Program includes a project to continue constructing sidewalks on arterial streets and wheelchair access ramps (MS-9309). The wheelchair access ramp project is in the third year of a ten-year program. The locations for the sidewalk construction and the wheelchair access ramps were identified as part of a study that emphasized serving institutional areas, high traffic locations and responses to citizen requests. The wheelchair access ramps will be constructed at various sites throughout the City. On January 17, 1996, the Traffic Commission voted 5-0 to recommend that sidewalks be installed on the west side of Woodlawn, from Rockhill to 14th and on the north side of 29th, from Longfellow to Rock. The estimated project cost is $450,000. The funding source is General Obligation Bonds. Federal law requires that wheelchair access ramps be installed at all locations where sidewalks are located. Motion -- Knight moved that the project be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-075 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements for sidewalks on the west side of Woodlawn, fromRockhill to 14th Street and on the north side of 29th, from Longfellow to Rock, and wheelchair access ramps (1996 Arterial Sidewalk Program) 472-82685, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. ENGINEERING AGREEMENTS STREET RESURFACING PROJECT ON KELLOGG FROM THE WEST SIDE OF WAVERLY TO THE WEST SIDE OF ROCK ROAD; AND THE INTERSECTION OF KELLOGG AVENUE AND GREENWICH ROAD. Agenda Report No. 96-185. The Kansas Department of Transportation (KDOT) has available a KLINK program for cities which have highway connecting links within their city limits. The KLINK program is intended for resurfacing improvements on the connecting links which are maintained by the cities. KDOT has advised the City of Wichita that KLINK Fiscal year 1996 funds in the amount of $100,000 have been allocated for a resurfacing project on Kellogg from the west side of Waverly to the west side of Rock Road; and the intersection of Kellogg Avenue and Greenwich Road. The Agreement provides that KDOT will reimburse the City in the amount of 50 percent of the approved construction cost including construction engineering and contingencies, but not to exceed a maximum of $100,000 as KDOT's total share of the cost to construct the resurfacing project. On December 12, 1995, the City Council approved a contract with Ritchie Paving, Inc. for the KLINK resurfacing improvements. $225,000 is available in the Street Maintenance budget. Fifty percent of the costs, not to exceed $100,000, will be reimbursed to the City by KDOT. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. AGREEMENT FOR DESIGN SERVICES FOR HICKORY CREEK ESTATES. Agenda Report No. 96-186. The City Council approved the Hickory Creek Estates Addition development on January 23, 1996. The proposed Agreement between the City and Baughman Co., P.A. provides for the design of Main 18, Southwest Interceptor Sewer; Lift Station and Force Main in connection with Laterals 1 and 2, Main 18, Southwest Interceptor Sewer; Lateral 1, Main 18, Southwest Interceptor Sewer; Storm Water Drain No. 117, Water Distribution System No. 448-88980; Water Distribution System No. 448-88981; and paving Hickory Creek, Hickory Creek Courts and sidewalk (south of 13th, west of 119th Street West). Because Baughman Co., P.A. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $114,500 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. SUPPLEMENTAL AGREEMENT FOR GYPSUM BIKEPATH FROM CESSNA PARK TO TURNPIKE DRIVE. Agenda Report No. 96-187. On November 28, 1995, the City Council approved an Agreement with the Kansas Department of Transportation (KDOT) for 80% federal funding for the construction of Gypsum Bikepath from Cessna Park to Turnpike Drive. The above bikepath will connect to a proposed bikepath north of Cessna Park and will terminate at Turnpike Drive. KDOT has submitted a Supplemental Agreement which revises the fiscal information to exclude federal funding for preliminary engineering which was erroneously included in the original agreement. There is no cost to the City associated with this Supplemental Agreement. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized -- carried to execute. Motion carried 7 to 0. ASSESSMENT ROLLS PROPOSED ASSESSMENT ROLLS Proposed Assessment Rolls have been prepared for 27 water and 29 sewer projects, and it is necessary to set a public hearing date. Informal hearing with City personnel will be held March 13, 1996, on the water projects, and March 14, 1996, on the sewer projects. Motion -- Knight moved that the hearing on the Proposed Assessment Rolls be set for 11:00 a.m., Tuesday, March 19, 1996, and the notices of hearing be published at least once not less than 10 days prior to the date of the hearing. Motion carried -- carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF 457 LEXINGTON (TRACT 28) FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-188. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September 1995 and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located at 457 Lexington (Lot 6, Block H, Second Addition to the Village, City of Wichita) and is owned by Betty T. Caro. The property has 11,700 square feet of land and is improved with a 2,503 square foot one-story, brick, single-family home. The property is owner- occupied. The property was appraised at $84,000 and the review appraiser concurred with this value. This amount was offered to the owner and accepted. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $181,900 includes: $84,000 for acquisition, $5,000 for eventual demolition, $90,900 for relocation and $2,000 for closing costs and title insurance. Motion -- Knight moved that the budget be approved; the Real Estate Purchase Contract be approved; and the Mayor be authorized to sign the necessary documents. Motion -- carried carried 7 to 0. PROPERTY DISPOSITION SALE OF HOUSE LOCATED AT 637 NORTH MCLEAN - INFILL HOUSING PROJECT. Agenda Report No. 96-189. The Infill Housing Project, approved by council on August 30, 1994, will require that several houses be auctioned in "as is" condition for privately financed moves to other lots. Sealed bids on twelve properties, including the subject house, were solicited in December. No bids for these properties were received at that time. Subsequent to the bid opening, an offer of $3,000 for the house at 637 N. McLean was received from Charles and Tamara Barkley. Other bids received from the December auction ranged from $10 to $1,900. the City will receive a total of $4,000 for the sale of the structure. The relocation of these structures within the City limits will place additional value into the tax base. Motion -- Knight moved that sale of the structures be approved and the Mayor be authorized -- carried to sign the necessary documents. Motion carried 7 to 0. ACQUISITION OF PROPERTY AT 803 NORTH BROADWAY (TRACT 8) - MURDOCK IMPROVEMENT PROJECT. Agenda Report No. 96-190. The Murdock Improvement Project from Waco to Wabash, approved by Council on June 14, 1994, will require the partial acquisition from fourteen tracts along Murdock from Waco to Wabash. One of these tracts is tract #8, which is owned by Phil G. Ruffin (Total Petroleum). The property is more accurately described in the tract map and legal description. Murdock will be upgraded to a five lane arterial standard. The subject tract contains approximately 50 square feet. Due to the small size of the takings, the estimated value of the properties are minimal. The property owner has agreed to sell the property for $200. The 1994 Capital Improvement Program includes $150,000 to acquire the necessary right-of-way for the project along Murdock from Waco to Wabash. The funding source is General Obligation Bonds. The budget of $325 includes $200 for acquisition and $125 for closing costs, and title insurance. A budgeted amount of $2,700 has already been approved for the purchase of eight other tracts. After the purchase of this parcel, there will be five more left to purchase for the project. Motion -- Knight moved that the budget be approved; the Real Estate Purchase Contracts be approved; and the Mayor be authorized to sign the necessary documents. Motion -- carried carried 7 to 0. HEATING AND COOLING COMBINED EAST BANK - HYATT HOTEL/CENTURY II/LIBRARY HEATING AND COOLING EQUIPMENT EQUIPMENT ENERGY PLANT ENERGY PLANT. Agenda Report No. 96-191. The City of Wichita has an agreement with Stormont Trice Corporation, Stormont Trice Development Corporation and Stormont Trice Management Corporation to provide cooling, water heating, and related services for the Hyatt- Regency Hotel in a new combined energy plant. The existing Century II energy plant now provides Century II and the Main Library with heating and cooling, and Expo Hall with cooling. It has neither the capacity nor the space to provide the additional heating and cooling for the Hotel. In addition, major renovation of the existing plant was scheduled for 1995, but this work was abandoned in light of the Hotel involvement. Rather than renovate the existing plant and build an additional plant for the Hotel, it is preferred to build one combined plant and demolish the existing plant. The City Council approved a Resolution on June 13, 1995 in an amount of $550,000 to replace limited cooling equipment in the existing energy plant, and another Resolution in the amount of $45,000 to renovate the existing boilers in the plant. A Revised Resolution is submitted which combines these projects, and increases the scope of the projects to construct a new combined energy plant and demolish the existing plant. It has been determined that construction of one combined plant is both more cost-effective and energy efficient than to renovate the existing plant and construct a separate plant for the Hotel. Although the City's up-front cost is higher than was planned for the scheduled plant renovation, the new combined plant will provide all-new highly efficient equipment, cutting the City's share of energy costs by as much as 40 percent, or approximately $100,000 annually. Agreements require that the new energy plant is to be in operation no later than January 17, 1997, which makes prompt action necessary. The 1995 Capital Improvement Program Projects (PB-131 and PB-129) identified combined funds of $595,000 for renovations to the existing plant. PB-129 has been revised, and now identifies: City's Share $2,535,000 Hotel's Share $2,103,000 Total $4,638,000 The Hyatt-Regency Hotel will participate in the cost of the energy plant through contractual agreements which will provide for reimbursements to the City of Wichita for energy consumption, maintenance costs, and construction costs related to the Hotel's share in these costs. The Hotel's share of the plant is calculated at approximately 45 percent of the cost. This construction cost will be amortized and included with the Hotel's payment for energy plant operating costs. Motion -- Knight moved that the project be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-96-076 A Resolution amending Resolution No. R-95-263 by increasing the bonding authority in Section 4 thereof from $550,000 to $4,638,000.00, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. MUSEUM CARPET WICHITA ART MUSEUM CARPET REPLACEMENT. (District VI) Agenda Report No. 96-192. The Wichita Art Museum at 619 Stackman Drive was renovated in 1976. The carpeting was installed at that time and now has become unsightly. In places, it has become a trip hazard. Due to the deterioration of the carpeting, it should be replaced. The 1996 Capital Improvement Program (CIP PB- 9501) identifies $200,000 for design and the replacement of the carpet. Motion -- Knight moved that the Project be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-96-077 A Resolution declaring it necessary to replace floor covering in the Wichita Art Museum, located at 619 Stackman Drive in Wichita, Kansas; directing that a preliminary estimate of the cost thereof be prepared and declaring it to be the intention of the governing body to issue City of Wichita general obligation bonds in an amount not to exceed $200,000 to pay all or a portion of the costs thereof, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. MUSEUM CHILLER WICHITA ART MUSEUM CHILLER REPLACEMENT. (District VI) Agenda Report No. 96-193. The Wichita Art Museum at 619 Stackman Drive was renovated in 1976. The air conditioning chillers that were installed at that time have become undependable and troublesome over the years. In 1994, one of the two chillers was replaced on an emergency basis and the other chiller is scheduled for replacement in the 1996 Capital Improvement Program. Due to the contents of the building, it must be kept at constant temperature and humidity which requires a year- round chiller operation. The situation demands two chillers that are both reliable. The 1996 Capital Improvement Program (PB-128) identifies $120,000 for the replacement of the chiller. Motion -- Knight moved that the Project be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-96-078 A Resolution declaring it necessary to replace cooling equipment in the Wichita Art Museum, located at 619 Stackman Drive in Wichita, Kansas; directing that a preliminary estimate of the cost thereof be prepared and declaring it to be the intention of the governing body to issue City of Wichita general obligation bonds in an amount not to exceed $120,000 to pay all or a portion of the costs thereof, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PARK BUILDINGS REPAIR PARK BUILDINGS REPAIR. Agenda Report No. 96-194. Public Works assumed the responsibility of maintaining an additional group of Park buildings in 1995. Among these are all structures at Watson Park and Riverside Tennis Center, and all Family Pool Houses throughout the City. Many of these buildings are in need of roof repair or replacement and other structural repairs. The operating budget is not adequate to make all of these repairs. In order to prevent further undue deterioration of these buildings, repairs should be undertaken promptly. The 1996 Capital Improvement Program (PB-9608) identifies $100,000 for these repairs. Motion -- Knight moved that the Project be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-96-079 A Resolution declaring it necessary to perform repair work to various park buildings in the City of Wichita in Wichita, Kansas; directing that a preliminary estimate of the cost thereof be prepared and declaring it to be the intention of the governing body to issue City of Wichita general obligation bonds in an amount not to exceed $100,000 to pay all or a portion of the costs thereof, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. 1996 CIP DESIGN PROJ. 1996 CAPITAL IMPROVEMENT PROGRAM (CIP) DESIGN PROJECTS. Agenda Report No. 96-195. All the listed projects are in the 1996 CIP. The following is the list of projects included in the CIP for 1996. Project # Location/Description B-123 119th Street Bridge & Calfskin Creek B-9502 37th Street Bridge at the Little Arkansas River CA-9217 Amphitheater - West Bank MS-477 Meridian, Maple to Central MS-9305 Ridge, 21st to 29th N. MS-9603 Zoo, 13th to Windmill Road D-9204 Drainage in the area from Kellogg to 2nd from the Arkansas River to West St. D-9602 Drainage in the area from 2nd to Central, from Meridian to West St. MS- Corridor Studies: Rock, S. City Limits to N. City Limits Pawnee, McLean to George Washington Blvd. 13th, McLean to I-135 Hillside, Kellogg to 21st I-235 Connector - Ridge Central, I-235 to Tyler Following negotiations with consultant engineers, staff will make recommendations to the City Council for awarding design contracts and request project approvals. Motion -- Knight moved that the Staff Screening and Selection Committee be authorized to -- carried select Consultant Engineers. Motion carried 7 to 0. FIRE SUPPRESSION IMPR. FIRE SUPPRESSION IMPROVEMENTS. (Districts I & VI) Agenda Report No. 96-196. Some areas in the Wichita Art Museum, City Hall and the Main Library use Halon, an inert gas, as a fire suppression agent in areas containing art works or computer equipment. The primary function of Halon is to provide safe egress in the event of fire, while causing little, if any damage, to the contents. Conventional fire suppression systems can potentially cause more water damage than the fire itself. Although Halon is safe for people to work around, it is suspected of contributing to the depletion of the atmospheric ozone. Halon is now strictly regulated, resulting in very high replacement costs when re-installing Halon. On June 6, 1995, the City Council approved the design of the project. Conversion of the fire suppression system is required to assure that the Wichita Art Museum and City Hall Data Processing Center contents will be property protected. All Halon that is removed during the conversion will be stored for future use in the remaining systems. The 1995 Capital Improvement Program (CIP PB- 9506) identified $7,000 for design services; the 1996 Capital Improvement Program has $130,000 and the 1997 CIP has $70,000 identified for the construction necessary to accomplish the conversion to an approved fire suppressant. Funds previously approved for expenditures in 1997 for the Exterior Seal of the Indian Center (PB-119) will be used for this project. The funding source is General Obligation Bonds. Motion -- Knight moved that the Project be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-96-080 A Resolution amending Resolution No. R-95-253 by increasing the bonding authorityin Section 4 thereof from $7,000 to $207,000, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PAWNEE IMPROVEMENTS PAWNEE AVENUE IMPROVEMENT, MAIZE TO YELLOWSTONE. Agenda Report No. 96-197. The 1996 Capital Improvement Program (CIP) includes a project to pave Pawnee, from Maize to Yellowstone. New subdivisions are being developed along both sides of Pawnee. The developers of those subdivisions previously submitted, and the Council approved, petitions to pave Pawnee from Maize to Crestline. The project contained in the CIP continues the paving east to Pawnee's termination at Yellowstone. Pawnee Avenue, east of Maize, is a sand road that provides the primary connection from Maize to Tyler between Kellogg and 31st Street South. It also provides direct access to the west side of Pawnee Prairie Park. The project budget is $100,000. The funding source is General Obligation Bonds. Motion -- Knight moved that the project be approved and the Ordinance be placed on first -- carried reading. Motion carried 7 to 0. ORDINANCE An Ordinance declaring Pawnee, from Maize to Yellowstone (472-82678) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. CONSULTANT CONTRACT SUPPLEMENTAL PROFESSIONAL SERVICES AGREEMENT - MORRIS, LAING FIRM. Agenda Report No. 96-198. The Kansas Department of Revenue audited sales and compensating use tax payments by the City's water utility. The City sought expert advice on sales tax issues and strategy to deal with the audit. The City retained the Morris Laing law firm which is experienced in sales tax matters, and the City Manager approved a professional services contract dated December 21, 1995. The Department of Revenue has now made an assessment against the City and additional legal services are needed beyond the scope of the initial contract. By the Supplemental Agreement, the City of Wichita will continue to use the services of the Morris Laing law firm to provide legal advice and representation in the response to the Department of Revenue's sales tax assessment against the water utility. The scope of the agreement will include representation before the Secretary of Revenue as well as litigation through the appellate level if that becomes necessary. The firm will also be available for legal advice on other sales and compensating use issues on an as-needed basis. The Supplemental Agreement is for a not-to- exceed sum of $50,000 in addition to the $9,999 original contract. These services will be paid out of the Water Utility operating budget. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized -- carried to execute. Motion carried 7 to 0. RIDGE ROAD IMPROVEMENT RIDGE ROAD IMPROVEMENT, 13TH STREET NORTH TO 21ST STREET NORTH. (District V) Agenda Report No. 96-199. The 1996 Capital Improvement Program includes funding to upgrade Ridge Road between 13th Street and 21st Street (MS-434). Sedgwick County has agreed to pay 50% of the cost. Ridge Road is a two-lane asphalt mat street that was originally built by the County. The improvement will provide four through lanes and a center two-way left turn lane. The area west of Ridge is a single-family neighborhood. The County park adjoins Ridge on the east. The estimated project cost is $1,500,000, with $750,000 paid by the City and $750,000 by the County. The funding source for the City share is General Obligation Bonds. The County has agreed to let the project and provide construction administration. An Agreement with Sedgwick County and the authorizing Ordinance have been approved as to legal form by the Law Department. The agreement establishes the City's share at 50% of the $1,500,000 estimated cost, with an amount not to exceed $1,000,000. The County is proposing that Ridge Road be closed to through traffic during construction. The homes on the west side have access to side streets. A temporary road will provide access to the ball fields in the County Park. There are no businesses adjacent to the construction area. Construction is expected to begin in March 1996 and be completed in July 1996. Motion -- Knight moved that the Project be approved; the Agreement with Sedgwick County be approved and the Mayor be authorized to sign; the street closure be approved; and -- carried the Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance declaring Ridge Road, from 13th Street North to 21st Street North (472-82688) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. ORDINANCES SECOND READING ORDINANCES. Item No. 42 a. Industrial Revenue Bonds - Midland/MacArthur Park, L.P. Motion -- Knight moved that this Item be deferred to the March 19, 1996, Agenda. Motion -- carried carried 7 to 0. b. DR-95-26 - MAPD Filing Fees. (Publication will be withheld and published at the same time as the sign code and zoning code after adoption on March 19, 1996.) ORDINANCE NO. 43-004 MAPD Filing Fees An Ordinance amending Sections 2.26.010, 2.26.020, and 2.26.030 of the Code of the City of Wichita, Kansas, pertaining to fees and charges for planning and zoning applications and proceedings, and repealing the originals of said sections, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. c. Acquisition by Eminent Domain of Property for the Science Center Project. ORDINANCE NO. 43-003 Eminent Domain An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the McLean Realignment/Science Center Project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, introduced and under the rules laid over, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. d. Z-3166. ORDINANCE NO. 43-005 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3166. e. Z-3183. (Pulled - placed on Agenda in error.) FIRST READING ORDINANCES. Motion -- Knight moved that the following ordinances be placed on first reading. Motion -- carried carried 7 to 0. ORDINANCE Sign Code An Ordinance amending Chapter 24.04.193 and creating Section 24.04.199 of the Code of the City of Wichita, Kansas, pertaining to the sign code and repealing the original of Section 24.04.193, introduced and under the rules laid over. ORDINANCE Zoning Code An Ordinance adopting by reference the Wichita-Sedgwick County Unified Zoning Code (March 4, 1996 edition), prepared by the Wichita-Sedgwick County Metropolitan Area Planning Department, and repealing the original of Chapter 28.04 of the Code of the City of Wichita, introduced and under the rules laid over. PLANNING AGENDA V-1941 PUBLIC HEARING: V-1941 - REQUEST TO VACATE A UTILITY EASEMENT IN AN AREA NORTH OF 34TH STREET NORTH AND EAST OF WOODLAWN. (District II) Agenda Report. Staff Recommendation: Approve vacation of utility easement. MAPC Recommendation: Approve vacation of utility easement. Marvin Krout Director of Planning reviewed the Item for the City Council. Documents Easement from Sheldon C. Coleman, William J. Walsh, Trustee, and John M. Reiff, Trustee - Part Lot 1, Block 1, Valentine Addition. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Kamen moved that the public hearing be closed, the vacation and Easement be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the Easement be recorded with the Register of -- carried Deeds. Motion carried 7 to 0. V-1945 PUBLIC HEARING: V-1945 - REQUEST TO VACATE A PORTION OF A FLOODWAY IN AN AREA SOUTH OF PAWNEE AND EAST OF HOOVER. (District V) Agenda Report. Staff Recommendation: Approve vacation of portion of platted floodway. MAPC Recommendation: Approve vacation of portion of platted floodway. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Ferris moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. Council Member Kamen left the Bench. S/D 95-59 S/D 95-59 - PLAT OF THE WOODLAND LAKES ESTATES ADDITION LOCATED WEST OF 127TH STREET EAST AND SOUTH OF KELLOGG. (District II) Agenda Report No. 96-202. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (10-1) The area in which this plat is located has just recently been annexed to Wichita. Petitions, all 100%, have been submitted to the City for municipal water, drainage, storm sewer and paving of interior streets. Other guarantees are being submitted to the County for sanitary sewer improvements (Four Mile Creek System) and paving of off-site streets (127th Street East and Lincoln west of the plat). Certificates of Petitions have also been submitted. In regard to the interior streets, the plat is proposing for one of the main streets running through the site to be constructed to an open ditch, non-curb and gutter design. As a non-standard urban street, the City Council needs to waive the urban paving standard for this situation. The City Engineering has reviewed and approved the alternate design. An off-site dedication of right-of-way for Lincoln has also been obtained. Being still in the County, this dedication is being forwarded to County Engineering for processing through the County. An off-site easement, in the City, has also been provided for sewer and other utility extensions. In order to provide for the ownership and maintenance of Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, this covenant also requires that four (4) off-street spaces be provided for each such lot. A covenant is also being provided concerning restrictions on the use of easements being platted along the non-standard street noted above. The easements are essentially being provided for the installation of sidewalks. This plat has been reviewed and approved by the Planning Commission subject to conditions and recording within 30 days. The one negative Planning Commission vote was in response to the non-standard street being requested for the site. Water 100 Percent Petition for construction of Water Distribution System Number 448-89020 (south of Kellogg, west of 127th Street East) Project No. 448-89020 ($300,000 S.A.) (Hold for development) Storm Sewer 100 Percent Petition for construction of StormWater Sewer No. 475 (south of Kellogg, west of 127th Street East) Project No. 468- 82581 ($314,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Lincoln from the west line of the NE 1/4, Section 27, T27S, R2E to the west line of 127th Street East; LaGuna from the west line of Lot 23, Block 1, to the west line of Lincoln; Lincoln Courts serving Lots 1 through 7 and 8 through 15, Block 1, Lots 10 through 21, Block 2, and Lots 17 through 21, Block 5, from the west line of Lincoln to and including the cul-de-sac; lots 1 through 22, Block 3, from the east line of Lincoln to and including the cul-de-sac; Lots 1 through 9, Block 4, from the north line of Lincoln to and including the cul-de-sac; Lots 1 through 16, Block 5, from the south line of Lincoln to and including the cul-de-sac; LaGuna Courts serving Lots 17 through 20, Block 1, from the west line of Lincoln to and including the cul-de-sac, and; Lots 1 through 4, Block 2, from the north line of LaGuna to and including the cul-de-sac. and; sidewalk be constructed adjacent to the north and west line of Lincoln from the west line of the NE 1/4, Section 27, T27S, R2E to the west line of 127th Street East and along or near the south line of Lincoln from the west line of said quarter section to Reserve C and through Reserve C to the north line of Reserve C (south line of Lincoln) and across Reserve C to the site of Seltzer School and along the north line of LaGuna from the west line of Block 1 to the west line of Lincoln, Project No. 472-82695 (south of Kellogg, West of 127th Street East) ($900,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Lincoln from the east line of Greenwich Road to the west line of Woodland Lake Estates, Project No. 472-82696 (south of Kellogg, west of 127th Street East) ($322,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of 127th Street East from the north line of Woodland Lakes Estates Addition to the south line of Woodland Lakes Estates Addition, Project No. 472-82697 (south of Kellogg, west of 127th Street East) ($52,000 S.A.) (Hold for development) Documents Restrictive Covenants, Certificate of Petitions, and Utility Easement (adjacent to Lot 23, Block 1, and to Lot 1, Block 2, Woodland Lakes Estates, from Kancel L.C. by Joe Lee, President. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Kamen absent) RESOLUTION NO. R-96-081 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89020 (south of Kellogg, west of 127th Street East) Project No. 448-89020 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 6 to 0. (Kamen absent) Yeas: Cather, Cole, Ferris, Gale, Rogers, Knight. RESOLUTION NO. R-96-082 Resolution of findings of advisability and Resolution authorizing construction of StormWater Sewer No. 475 (south of Kellogg, west of 127th Street East) Project No. 468- 82581 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 6 to 0. (Kamen absent) Yeas: Cather, Cole, Ferris, Gale, Rogers, Knight. RESOLUTION NO. R-96-083 Resolution of findings of advisability and Resolution authorizing improving of Lincoln from the west line of the NE 1/4, Section 27, T27S, R2E to the west line of 127th Street East; LaGuna from the west line of Lot 23, Block 1, to the west line of Lincoln; Lincoln Courts serving Lots 1 through 7 and 8 through 15, Block 1, Lots 10 through 21, Block 2, and Lots 17 through 21, Block 5, from the west line of Lincoln to and including the cul-de-sac; lots 1 through 22, Block 3, from the east line of Lincoln to and including the cul-de-sac; Lots 1 through 9, Block 4, from the north line of Lincoln to and including the cul-de-sac; Lots 1 through 16, Block 5, from the south line of Lincoln to and including the cul-de-sac; LaGuna Courts serving Lots 17 through 20, Block 1, from the west line of Lincoln to and including the cul-de-sac, and; Lots 1 through 4, Block 2, from the north line of LaGuna to and including the cul-de-sac. and; sidewalk be constructed adjacent to the north and west line of Lincoln from the west line of the NE 1/4, Section 27, T27S, R2E to the west line of 127th Street East and along or near the south line of Lincoln from the west line of said quarter section to Reserve C and through Reserve C to the north line of Reserve C (south line of Lincoln) and across Reserve C to the site of Seltzer School and along the north line of LaGuna from the west line of Block 1 to the west line of Lincoln, Project No. 472-82695 (south of Kellogg, West of 127th Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cather, Cole, Ferris, Gale, Rogers, Knight. RESOLUTION NO. R-96-084 Resolution of findings of advisability and Resolution authorizing improving of Lincoln from the east line of Greenwich Road to the west line of Woodland Lake Estates, Project No. 472-82696 (south of Kellogg, west of 127th Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cather, Cole, Ferris, Gale, Rogers, Knight. RESOLUTION NO. R-96-085 Resolution of findings of advisability and Resolution authorizing improving of 127th Street East from the north line of Woodland Lakes Estates Addition to the south line of Woodland Lakes Estates Addition, Project No. 472-82697 (south of Kellogg, west of 127th Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cather, Cole, Ferris, Gale, Rogers, Knight. Council Member Kamen present; Council Member Ferris left the Bench. Z-3194/DP-183 Z-3194 - REQUEST FOR ZONE CHANGE FROM 'A' TWO FAMILY DWELLING DISTRICT TO 'LC' LIGHT COMMERCIAL, AND DP-183 - REQUEST FOR AN AMENDMENT TO THE DAVIS-MOORE COMMUNITY UNIT PLAN. Agenda Report No. 96-203 MAPC Recommendation: Approve, subject to conditions (10-0). Staff Recommendation: Approve, subject to conditions. CPO Recommendation: Approve, (6-0). The applicant requests a zone change from the 'A' Two Family Dwelling District to the 'LC' Light Commercial District for Lot 19, Drivers Addition (536 S. Lightner Dr.), located south of Kellogg on the east side of Lightner Drive. The applicant also requests an amendment to the Davis-Moore Community Unit Plan to add the lot proposed for re-zoning to the CUP. The zone change and CUP amendment are requested to allow for an expansion of the Davis-Moore automotive dealership. The subject property is currently developed with a single family home and is bordered by the Davis- Moore Service Center to the north, a parking lot for the automotive dealership to the east, single family homes to the south, and a duplex and single family homes to the west. The existing single family home has a garage and driveway that enters from Lightner Drive. The existing CUP requires 30 feet of complete access control and a 10' by 60' landscape planting strip at the south side of the CUP along Lightner Drive (directly north of the subject property), as well as a wood fence between the auto dealership and adjacent residential properties. As part of the CUP amendment, the applicant initially proposed to permit vehicular access to the auto dealership from Lot 19. However, the applicant has agreed to establish complete access control to Lot 19. The CUP amendment would move the screening requirements (i.e. wood fence) to the south side of Lot 19, vacate the existing access controls north of Lot 19, eliminate the requirement for the landscape planting strip north of Lot 19, but establish a required planting strip along Lightner Drive in Lot 19. The planting strip would be installed when any improvements are initiated on that lot. The applicant indicates that the existing single family home will be retained, at least initially, and it will be used as a waiting area for customers of the auto service center. Also, it is likely that the home's garage will be removed and rebuilt with a larger drive-thru garage to allow customers to drop off vehicles and then directly enter the waiting area. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen 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 6 to 0. (Ferris absent) ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3194 HISTORIC NOMINATION NOMINATION OF A SCULPTURE ENTITLED "HANDS OF GOD AND MAN" TO THE WICHITA REGISTER OF HISTORIC PLACES. Agenda Report No. 96-204. Staff Recommendation: Approve the nomination. Historic Preservation Board Recommendation: Approval (4-1) Metropolitan Area Planning Commission Recommendation: Approval (unanimous) This sculpture is a cast-concrete relief mural which was originally incorporated as an exterior wall of the Reformation Lutheran Church, when the church was located at 6909 East Kellogg. The congregation has relocated to Broadmoor, just south of east 13th Street. As part of the church relocation, the congregation has moved the sculpture to the new church site, and intends use the sculpture as the focal point of a meditation garden. The church is asking for the designation for two reasons: The church was told by charitable foundations that if the sculpture was designated, the charitable foundations would look more favorably on requests for assistance in constructing the meditation garden, and designation would assist with making sure the sculpture would be maintained as a focal point. The area proposed for designation is approximately 100 by 75 feet in the southwest corner of the church's overall ownership. The sculpture was erected in 1954, and is 32 feet tall, 16 feet wide and 2 feet thick. Bernard Frazier created the artwork. Mr. Frazier was a sculptor of international significance having taught abroad. He was educated at the University of Kansas and taught there, introducing sculpture in to the curriculum of the University. He was also Director of the Philbrook Museum in Tulsa. Examples of his work include: the bronze doors on the Campanile at K.U., the university's memorial to the dead of World War Two, the mosaic on the First United Methodist Church in downtown Wichita, four sculptures in the library courtyard at Friends University, and the "Hunters and Bison" outside the Board Room on the first floor of City Hall. The City's zoning code and the Preservation Ordinance provide for the historic designation of deserving resources by the Council. The determination of eligibility for designation should be based on the conclusions and findings of fact of the Historic Preservation Board (HPB) and the Metropolitan Area Planning Commission, after they have held public hearings. The HPB approved the request based on the finding that the sculpture meets criteria (b) and (c) below. The one dissenting HPB member felt the sculpture was religious in nature and not historic. The MAPC also recommended approval of designation. Section 5 of the City's Historic Preservation Ordinance indicates the Council shall consider designation if a building, structure, object...meets one or more of the following criteria: (a) is associated with events that have made a significant contribution to the broad pattern of history of the city, county, state or nation; (b) is associated with a significant person...in the history of the city, county, state or nation; (c) embodies distinctive characteristics of a type, period, or method of construction, represents the work of a master builder/architect, possesses high artistic values, or represents a distinguishable entity whose components may lack individual distinction; (d) yields or is likely to yield information important in prehistory or history; or (e) is fifty years old. Approval of this request would not impact the city financially. Motion -- Kamen moved that it be found that the request meets the requirements for designation on the Wichita Register of Historic Place and the "Hands of God and -- carried Man" be placed on the register. Motion carried 6 to 0. (Ferris absent) ADJOURNMENT The City Council meeting adjourned at 2:15 p.m. Pat Burnett Workshop: Municipal Court COUNCIL PROCEEDINGS JOURNAL 160 MARCH 5, 1996 Page