MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, March 21, 1995 Tuesday, 9:09 A.M. The City Council met in regular session with Mayor Broadfoot in the Chair. Council Members Cole, Kamen, Reeser, Rogers; present. Council Member Cather, *Ferris; absent. Cathy Holdeman, representing the City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Bishop Lyle Cooper, Church of Jesus Christ of Latter Day Saints. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of March 14, 1995, were -- approved approved 5 to 0. (Cather, Ferris; absent) AWARDS AND PRESENTATIONS SERVICE CITATIONS Distinguished Service Citations were presented to those present. Kamen momentarily absent. PROCLAMATIONS Proclamations previously approved were presented. PUBLIC AGENDA MS. JOHANNINGSMEIER COMMENTS BY BELYNDAE JOHANNINGSMEIER. Ms. Johanningsmeier urged Police salary increases and Special Unit (Canine) funding be approved. Ms. Johanningsmeier also said the roads in the area the bomb squad diffuses bombs are so bad that emergency equipment cannot get through and should be repaired. *Council Member Ferris present. Council Member Reeser Council Member Reeser asked for additional information regarding the road where the bomb squad sets off bombs. If there is a problem it probably ought to be corrected. UNFINISHED BUSINESS CONDEMNATION REPORT STATUS REPORT ON CONDEMNATION OF 1744 NORTH GREEN. Continued from March 7, 1994. Deb Legge Central Inspection reviewed the Item. Agenda Report No. 94-063 B. This property was first cited for violations on April 28, 1993. Several notices were issued, and on September 28, 1994, a pre-condemnation letter was issued. Condemnation action was initiated on October 7, 1994. At the January 9, 1995 BCSA hearing, the owner did not appear, and the BCSA recommended 10 days to start demolition and an additional 10 days to complete. On March 7, 1995, the City Council held a condemnation hearing on the property and deferred action until March 21, 1995, in order to give a prospective buyer, Pearl Bowman, an opportunity to purchase the property. On March 15, 1995, Ms. Bowman contacted staff and reported that she had contacted the owner of the property and planned to make an offer to purchase it. No changes have been made to the property. The 1992, 1993, and 1994 taxes are unpaid. The total amount owed is $2,176.49. The owner has been notified of the date and time of this Hearing. Ms. Bowman has purchased the property and obtained transfer of title. Arrangements have been made for a contractor to start roof repairs within the next week to ten days. Ms. Bowman has said she can have the taxes paid within the week and has requested 60 days to complete exterior repairs. Motion -- Rogers moved that the taxes be paid by March 27, 1995; repairs be started within -- carried 30 days; and that Central Inspection review this after 30 days and advise the Council regarding the progress. Motion carried 6 to 0. (Cather absent) EMERGENCY SHELTER ALLOCATION OF EMERGENCY SHELTER GRANT FUNDS. Continued from March 14, 1995. Agenda Report. On March 14, the City Council considered recommendations for the City's 1995-96 HUD Consolidated Plan/Combined Application for CDBG, Emergency Shelter Grant (ESG), and HOME programs. At that time the Council requested that the Homeless Task Force be requested to review the requests and provide recommendations to the Council. A meeting of the Task Force was convened and their recommendations are attached. The total amount of the ESG grant is $144,000. Eligible categories for use of the funds are 1) rehabilitation or renovation; 2) Shelter operations and maintenance; 3) Essential services aimed at health care, employment, education, child care, transportation, assistance in accessing other Federal, state and local assistance programs, etc.; and 4) Homeless prevention. The task force includes members from all of the committees which examined in depth various issues and problem areas in resolving homelessness. In reviewing the requests for funding, the recommendations of the committees were considered along with information on recent funding awarded by other funding sources. Specific recommendations: The task force recommends that the $10,000 requested by InterFaith Ministries be funded from the CDBG funds previously set aside by the Council to address homelessness. The task force also recommends that $10,000 be awarded to United Methodist Urban Ministries for partial cost of a new van for transportation of the homeless. While there was not a request for this funding, the need for additional transportation services was identified as a need by several of the committees and the transportation committee recommended purchase of an additional van for the transportation program currently operated by UMUM. The task force feels that this is a high priority which should be addressed by these funds. The task force recommends that funds set aside for rent and utility assistance be awarded to a single agency, the Center of Hope, whose primary function is rent and utility assistance, and that a portion of the funds be reserved to assist clients moving from the shelters. The exception is that Harbor House be awarded limited funds for this purpose because of the requirements for confidentiality for victims of domestic violence. It is recommended that the Salvation Army's request for partial funding for a case manager to work with persons in their emergency shelter be granted. The task force also recommends funding of administrative costs in the amount of $6,700, or 4.8%. The balance of the funding is recommended for operating costs of the shelters as outlined on the list which also includes the recommendations of the Grants review committee as provided to the Council with the March 14 agenda item on the 1995-96 HUD Combined Allocations. The recommendations of the Grants review committee were based on proportional funding of all requests submitted. The total amount of ESG funds available is 144,000. In addition to recommending allocation of these funds, the task force recommends awarding $10,000 of CDBG funds to InterFaith Ministries for renovation of InterFaith Inn. The allocations made by the Council will be incorporated into the draft Consolidated Plan which will be made available for City Council review prior to being made available for a required thirty day public review and comment period. At the end of the comment period, the final plan will be submitted to the Council for approval and authorization to submit to HUD. Mike Reichenberger Human Services Planning and Administration Director reviewed the Item. The Funding Evaluation Committees and the Chairs of all the Committees that took part in the Study of the Homeless Problems. In addition to the Emergency Shelter Grant Funds, it is recommended that $10,000 of the CDBG money that was set aside last summer be allocated to InterFaith Inn to assist in that facility renovation. Motion -- Broadfoot moved that the recommendations of the Homeless Task Force for the allocation of 1995 and 1996 Emergency Shelter Grant Program Funds be approved. -- carried Motion carried 6 to 0. (Cather absent) CDBG - DETAMC ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR DETAMC. Continued from March 14, 1995. Cathy Holdeman Representing the City Manager reviewed the Item. DETAMC has recently purchased property at 2102 East 21st Street, and has indicated it will construct a building to serve as its operating and training center for persons under the KanWork and Job Training Partnership Act programs. DETAMC has applied for the $220,000 CDBG funding allocation designated for an Employment and Training Center and is seeking an additional $125,000 to aid in the project development. Public funding support is necessary for the project to be feasible. The applicant has requested that the CDBG allocation be in the form of a grant. However, because DETAMC is a for-profit business development, a deferred loan is recommended to assist in either acquisition of the property and/or construction of the building. This loan could be administered in various ways, including an annual write-off as long as the purpose and mission continues to focus on employment and training opportunities for the benefit of low income individuals. The City may administer and allocate the CDBG funding in a number of ways, including: 1. Grant - this method would provide the applicant with a restricted allocation of funds without the requirement for a payback. 2. Low Interest Loan - a loan could be provided to the applicant for specific purposes and conditioned on private funding support and equity investment by the business. Interest could be established at lower than market commercial rates. 3. Deferred and Amortized Loan - establishes a loan period whereby the applicant would be provided funding and each year an amount of the loan would be written off as long as the original purposes of the loan are met and the employment and training concept continues in operation. 4. Another option would be for the City to acquire the property, construct the building and lease it to DETAMC over a specified term to recover the initial investment (similar to the Cessna Training Center concept). Motion -- Rogers moved that $220,000 be allocated to DETAMC for the employment and training center on 21st and North Piatt; and that the funds be in the form of a deferred and amortized loan with a 10 percent decrease per year, providing that the original purposes of the loan are met and the employment and training concept continues in operation. Council Member Kamen Council Member Kamen said he would like to see more follow-up information be given to the Council on future projects and accomplishments of DETAMC. Some of the information desired would be costs, what happens to the students, what percentage of the students are able to continue working in the job market, what types of salaries are being received, what is the funding per student, what percentage is the City giving toward total funding of DETAMC, and other information as desired. Council Member Rogers Council Member Rogers said he hoped the City would not get locked into an update every thirty days or so. In the whole concept of providing incentives and eliminating obstacles for small businesses to begin to develop and thrive, the City needs to make sure organizations like this are tied into all the other organizations the City has funded. If one organization facilitates employment and training and another organization facilitates rehabilitation, the organizations ought to make an effort to employ the people that are trained. It is hoped Staff would pursue that concept. -- carried Motion carried 6 to 0. (Cather absent) NEW BUSINESS WDS - ALONG KESSLER WATER DISTRIBUTION SYSTEM ALONG KESSLER BETWEEN DOUGLAS AND FIRST STREET. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-164 A. On February 28, 1995, the City Council set March 21, 1995, as the public hearing date to consider a water line along Kessler, between Douglas and 1st Street. On March 9, 1995, CPO Council 4 voted 5 to 1 in opposition to the project. The area around Kessler was developed residentially in the 1950s. The homes are on private water wells. The estimated project cost is $36,000, with $32,100 assessed to the improvement district and $3,900 paid by Water Utility. The estimated rate of assessment is $00.25 per square foot of ownership. The utility share is for the cost of extending the proposed line to connect it with existing lines at each end. Kansas Statutes provide that the City Council has the authority to order in a water line. Property owners may block the project if there is a written protest signed by 51% or more of the property owners and representing more than 1/2 of the improvement district area. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Mary Dildine Mary Dildine, 126 North Kessler, said she did not feel she or other senior citizens could pay for the improvement and that she had never had trouble with her water. Ms. Dildine suggested others might get water from 1st Street or Douglas. Roger Smith Health Department, responding to a question regarding contaminated wells in the area, said the in-house facilities for testing wells can check for bacteria and nitrates. The Health Department does not have the capability to check for organic contaminates or the things that are typically seen as groundwater pollution problems near industrial areas. When test results are sent to a private well owner, the owner is told that the test results are for the conditions the day the water was tested and that the well water needs to be sampled on a regular basis. The construction of the well has a lot to do with how safe the water stays. From the public health standpoint, the recommendation would be to connect to a water distribution system. The organic compound test is done by an analytical lab and costs about $200 each. Council Member Kamen Council Member Kamen said he hoped the City, in areas like this, if it is known the direction of the groundwater flow, that the furthest well to the northeast be tested. Regarding hardship cases, the criteria is so hard to meet that too few can qualify. There should be more hardship deferrals. There ought to be a policy on wells that if testing is done, organic compounds should also be tested for. One test for $200 could be taken at the furthest well to the northeast and would give more information. Council Member Reeser Council Member Reeser said the formula for hardship cases probably should be adjusted because there are not enough people qualifying. Motion -- Reeser moved that the Petition be approved and the Resolution be adopted. Motion -- died died for lack of second. Motion -- Cole moved that this Item be deferred four weeks; and that staff return to the Council with recommendations on a modified deferral program. Council Member Kamen Council Member Kamen said he hoped some kind of well test would be done before four weeks. Gary Rebenstorf Director of Law said that if a policy change is made, specific projects could be indicated that would be reserved to be included in any policy change. Subst. Motion -- Reeser moved a substitute motion that this Item be deferred one week; Staff contact each of the owners and ask whether the owner is for or against the project and return this information to the Council in one week. Council Member Cole Council Member Cole said that whether the residents in the area are for or against the project may be dependent on whether they can qualify for the deferral program. Council Member Reeser Council Member Reeser said staff should not give people hope with regard to any possible hardship case rules, the call should be made with regard to the rules currently in effect. Council Member Rogers Council Member Rogers stated that specific health problems should also be looked at for future deferral cases. -- carried Substitute motion carried 6 to 0. (Cather absent) ICE RINK APPROVAL OF ICE RINK DEVELOPER AGREEMENTS AND ORDINANCE. Allen Bell Financial Projects Director reviewed the Item. Council Member Kamen momentarily absent. (a) Developer Agreement and Related Documentation. Agenda Report No. 94-654 C. On December 6, 1994, the City Council designated Canlan Investment Corporation of Vancouver, British Columbia to serve as Preferred Developer in the construction and management of a City-owned twin-sheet ice skating facility to be built on a site located at Maple and Sycamore, across the street from Lawrence- Dumont Stadium (the "Project"). On January 31, 1995, the City Council approved a letter of intent with Canlan that set forth the principal elements of the agreement between the parties to jointly develop the Project. Attorneys for both sides have drawn up the attached legal documents which incorporate all of the elements of the agreement contained in the letter of intent. The legal documents consist of the following: 1) Developer Agreement 2) Development and Management Agreement 3) Debt Service Shortfall Payment Agreement 4) Option to Purchase 5) Ground Lease The Developer Agreement will be executed immediately upon approval. It describes the site and requires the City to acquire and prepare the site for construction of the Project and names Canlan or their affiliate as Developer to carry out the completion of the Project. The Developer Agreement identifies the Project as consisting of one NHL-size and one olympic-size ice sheets, seating for not less than 1,000 spectators, a restaurant and other amenities. It provides for the procedures and steps to be followed by the Developer, including design of the base facility plus any enhancements that the City may require to be included at the City's cost, competitive bidding of the construction contract to not less than three local construction firms who will be strongly encouraged to use minority subcontractors, City approval of the design and construction budget and substantial completion of the Project within nine months of approval of the budget and issuance of a building permit. Finally, the Developer Agreements provides for the financing of the costs of the Project by the City with 15-year general obligation bonds and the guarantee of one-half of the bonds by Canlan. The Development and Management Agreement has been finally negotiated but will not be executed until the Project design has been completed and the construction budget approved by the City. This Agreement restates many of the provisions of the Developer Agreement and sets forth detailed requirements for the management of the completed Project by Canlan as Manager. The City will have final approval of all rates, fee and charges for ice skating-related activities, but covenants to approve rates that will provide a 120% coverage of debt service after operating and capital expenses have been met. A management fee equal to 5% of gross receipts is provided for, plus an incentive fee of 50% of any net revenues up to $50,000 and 60% of net revenues over $50,000. The management and incentive fees are subordinated to the payment of debt service. The term of the Agreement is fifteen years, same as the term of the bonds issued to finance the Project. The Development and Management Agreement gives the City the right to grant complimentary or discounted rates for admission to or use of the ice skating facilities to groups or individuals it identifies, up to a total dollar value of $35,000 per year, based on rates currently in effect. The City will also share in the ticket revenues generated by spectators at the facility, at a rate of $2.00 per ticket sold in excess of 750 tickets per event. Finally, the Agreement requires the Manager to negotiate lease arrangements with the Wichita Thunder for such office space, locker room and practice ice time as the Thunder may require. The Debt Service Shortfall Payment Agreement pertains to the debt service on the City's G.O. bonds that will be issued to pay the costs of the base facility, excluding the site costs and facility enhancements which will be financed separately. Canlan Investment Corporation (as opposed to any other Canlan entities) unconditionally agrees to pay the City an amount equal 50% of any shortfall in net receipts of the ice rink available to pay said debt service. The Purchase Option gives Canlan or its affiliates the right to purchase the ice rink facility from the City on any bond payment date during the first five years of the operation of the facility. The purchase price for the facility will be the amount that is require at the time of the purchase to retire or defease any outstanding bonds issued by the City to finance the construction of the facility. The land on which the facility is located will not be sold under the terms of the Purchase Option and the bonds issued to acquire and prepare the site are not included in the purchase price. The Ground Lease will go into effect in the event the Purchase Option is exercised by Canlan. The Ground Lease will have a 99-year term and provides for nominal rent payments as long as the facility is owned by Canlan or its affiliate. If Canlan ever sells, the rent goes to a market- based amount. The Ground Lease requires Canlan to maintain the facility in good condition and to keep it open as a public ice skating facility. It also provides for continuation of the City's right to provide discounted or complimentary ice time, with the dollar amount starting at $45,000 and escalating in line with general rate increases at the facility. The City Council previously approved a bonding resolution in the amount of $6.3 million for this project, including the site acquisition and preparation and construction of the facility. The City has spent or committed $1,162,220 plus closing costs on land acquisition and $186,912 on demolition. The Preferred Developer has estimated that the facility will cost between $4 and $5 million to construct. It is expected that the operation of the ice rink facility will result in sufficient cash flow to pay the debt service on the bonds issued to construct the facility. The Council has previously approved the amendment of the Core Area Initiatives in the Capital Improvement Program to provide for the costs of the Project site. Council Member Ferris momentarily absent. Allen Bell Financial Projects Director explained that one new item was not covered by the Letter of Intent and replacement pages were distributed to the council that covered the following change: The design of the project has the potential for an expansion from two sheets of ice to four sheets of ice. If that happens, there will be less parking available on site than there will be at the beginning during the first phase of the project. The developer has requested that they be allowed to use, on a shared parking basis, parking at Lawrence-Dumont Stadium if that happens. The provision written into the document, in the replacement pages, approves the use of shared parking, provided that such shared parking is in compliance with the City code at that time. Council Member Rogers Council Member Rogers asked whether the language in the Development Agreement (page 6, 2.4.3) could be adjusted so that Canlan would be encouraged to use minority and women contractors, subcontractors, and vendors. The language of the document should reflect the intent of the Council. Jack McIntyre Jack McIntyre, Attorney for Canlan, said he did not believe there was any problem with that at all. Simply, that would be submitting it to another firm, if another firm can be found that would show the capability of doing the job, and asking them to add another bid. That could not possibly hurt anything since it is a competitive bid project. Allen Bell Financial Projects Director, responding to questions regarding the seating, said 1,000 seats would face the olympic size rink and 500 seats would face the hockey side. The 1,000 seats would seat regional or sub-regional olympic events. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Raymond Cody Raymond Cody, President of the Wichita Amateur Hockey Association and zone coordinator for USA Hockey, urged approval of the project. Joyce Mercer Joyce Mercer, Wichita Youth Hockey, said a lot of ice time is in demand and the rink will be in use constantly. Mickey Leighter Mickey Leighter said the rink will pay for itself. Also, no rental skates are available now so when the rink is complete and skates are available to rent, there will be many more skaters, probably triple the amount currently using available skating surfaces. Karen Sinclair Karen Sinclair said she likes to just skate and asked whether the rink would be available to the public to just skate. Allen Bell Financial Projects Director stated there would be substantial public skating time, especially during prime times such as noon and evenings. Gary Clifton Gary Clifton, coach of 4 to 8 year olds, spoke in favor of the project. Motion -- Rogers moved that the Developer Agreement, with the recommended change in the wording of the prime contractor, the Development and Management Agreement, the Debt Service Shortfall Payment Agreement, the Option to Purchase Agreement, and the Ground Lease Agreement for the Ice Rink Project be approved and the Mayor be authorized to sign. Motion carried 6 to 0. (Cather absent) RECESS The Council recessed at 11:02 A.M. and returned at 11:14 A.M. (b) Public Hearing: Ordinance Implementing Provisions of Charter Ordinance Pertaining to Public Bidding. Allen Bell Financial Projects Director reviewed the item. Agenda Report No. 95-217. On February 28, 1995, the City Council adopted Charter Ordinance No. 158 which amends the City's requirements for bidding construction contracts for public improvement projects. The new charter ordinance exempts from the public bidding requirements projects that are to be constructed by a developer pursuant to a development agreement, provided that the City Council conducts a public hearing to consider whether to allow the exemption on a case-by-case basis and adopts an ordinance approving the exemption for each case. On December 6, 1994, the City Council designated Canlan Investment Corporation of Vancouver, British Columbia to serve as preferred developer in the construction of a City-owned public ice skating facility. Negotiation of the developer agreement with Canlan has been completed and is now ready for Council approval. In order to legally commit the City to the provisions of the developer agreement with Canlan, the City must approve the exemption from the public bidding requirements pursuant to Charter Ordinance No. 158. The Charter Ordinance is subject to a 61-day protest period which expires on May 3, 1995. The ordinance being presented for approval at this time will not be effective until and unless the expiration of the 61-day period without there being a sufficient protest petition filed. The implementation of the ice rink project as a turn-key design-build project pursuant to a developer agreement is expected to save the City money due to the involvement of the developer who has a great deal of experience in developing and operating ice skating facilities. Charter Ordinance No. 158 requires that the ordinance be approved by a two-thirds majority of the City Council. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- carried Cole moved that the Ordinance be placed on first reading. Motion carried 5 to 1. Reeser - No. (Cather absent) ORDINANCE An Ordinance of the City of Wichita, Kansas, implementing the provisions of Section 4 of Charter Ordinance No. 111, as amended by Charter Ordinance No. 158, pertaining to public bid requirements, introduced and under the rules laid over. PROPOSED ASSESSMENTS PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR PAVING, WATER AND SEWER PROJECTS. Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-219. The Council was notified on March 7, 1995, 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 March 8, 1995, ten days prior to the date of hearing, and affected property owners have been notified in writing. City personnel held an informal hearing March 15, 1995, for the paving, water and sewer projects. Statements of Special Assessment will be mailed March 31, 1995. 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, 1995 Bond Sale and put on the 1995 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: Paving Projects: Project No.: 472-82331 Ordered in by City Council - Cary Lane 472-82369 Ordered in by City Council - St. Louis 472-82382 Ordered in by City Council - 9th Street 472-82309 46% Petition - Hazel 472-82342 51% Petition - Sunrise Drive 472-82352 67% Petition - Everett 472-80826 68% Petition - 54th Street 472-82368 65% Petition - Joann 472-82377 59% Petition - Race Horse 472-82392 50.3% Petition - St. Louis 472-82424 51% Petition - Kessler 472-82449 97% Petition - Rainbow Lake Water Distribution System Projects: 448-88827 97% Petition - to serve North of Maple, East of 135th 448-88830 87% Petition - to serve along Nevada, South of Douglas Sewer Project: 468-82255 52% Petition - Lateral 17, Main 1, Cowskin Interceptor Sewer Water Projects Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Reeser moved that the public hearing be closed, the proposed assessments be -- carried approved, and the ordinances be placed on first reading. Motion carried 6 to 0. (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 constructing water Distribution System Number 448-88717, Lakeside Park and Unplatted Tracts (east of Ridge, south of 29th Street North) 448-88717/731786/ 470-255, introduced and under the rules laid over. 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 water Distribution System Number 448-88539, The Moorings Addition (west of Meridian, south of 53rd Street North) 448- 88539/731802/470-257, introduced and under the rules laid over. 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 water Distribution System Number 448-88540, The Moorings Addition (west of Meridian, south of 53rd Street North) 448- 88540/731810/470-258, introduced and under the rules laid over. 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 water Distribution System Number 448-88728, Lake Ridge 2nd Addition (north of 21st, east of Ridge) 448-88728/731877/470- 264, introduced and under the rules laid over. 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 water Distribution Number 448-88711, Belle Terre Addition (south of Central, west of 159th Street East) 448-88711/731927/470- 270, introduced and under the rules laid over. 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 water Distribution System Number 448-88772, (east of Maize, south of Harry) 448-88772/731943/470-272, introduced and under the rules laid over. 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 water Supply Line, White Tail Addition (south of 13th, west of 127th Street East) 448-88757/731950/470-273, introduced and under the rules laid over. 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 water Supply Line, White Tail Addition (south of 13th, west of 127th Street East) 448-88758/731968/470-274, introduced and under the rules laid over. 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 water Distribution System Number 448-88760, White Tail Addition (south of 13th, west of 127th Street East) 448- 88760/731976/470-275, introduced and under the rules laid over. 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 water Distribution System Number 448-88761, White Tail Addition (south of 13th, west of 127th Street East) 448- 88761/731984/470-276, introduced and under the rules laid over. 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 water Distribution System Number 448-88762, White Tail Addition (south of 13th, west of 127th Street East) 448- 88762/731992/470-277, introduced and under the rules laid over. 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 water Distribution System Number 448-88763, White Tail (south of 13th, west of 127th Street East) 448-88763/732008/470-278, introduced and under the rules laid over. 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 water Distribution System Number 448-88764, White Tail (south of 13th, west of 127th Street East) 448-88764/732016/470-279, introduced and under the rules laid over. 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 water Distribution System Number 448-88765, White Tail (south of 13th, west of 127th Street East) 448-88765/732024/470-280, introduced and under the rules laid over. 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 water Distribution System Number 448-88766, White Tail (south of 13th, west of 127th Street East) 448-88766/732032/470-281, introduced and under the rules laid over. 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 water Distribution System Number 448-88704 (north of 29th St North, west of Ridge) 448-88704/732073/470-285 , introduced and under the rules laid over. 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 water Distribution System Number 448-88705 (north of 29th St North, west of Ridge) 448-88705/732081/470-286, introduced and under the rules laid over. 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 water Distribution System Number 448-88802, Reflection Ridge 6th Addition (south of 29th Street North, west of Ridge) 448- 88802/732099/470-287, introduced and under the rules laid over. 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 water Distribution System Number 448-88609, Briarwood Estates 6th Addition (south of 13th, east of 119th Street West) 448-88609/732107/470-288, introduced and under the rules laid over. 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 water Distribution System Number 448-88827 (north of Maple, east of 135th Street West) 448-88827/732115/470-289, introduced and under the rules laid over. 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 water Distribution System Number 448-88658, Breezy Pointe 2nd Addition (north of Maple, west of 119th Street West) 448- 88658/732123/470-290, introduced and under the rules laid over. 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 water Distribution System Number 448-88641, Socora Village (east of Tyler, south of 17th) 448-88641/732131/470-291, introduced and under the rules laid over. 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 Water Distribution System Number 448-88751, Towne Parc 5th Addition (south of Pawnee, west of Webb) 448-88751/732149/470- 292, introduced and under the rules laid over. 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 Water Distribution System Number 448-88830 (Along Nevada, south of Douglas) 448-88830/732172/470-295, introduced and under the rules laid over. 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 Water Distribution System Number 448-88723 (south of Pawnee, west of Webb) 448-88723/732198/470-297, introduced and under the rules laid over. 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 Water Distribution System Number 448-88831 (south of Maple, west of 119th St West) 448-88831/732206/470-298, introduced and under the rules laid over. 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 water Distribution System Number 448-88792, Savanna at Castle Rock 5th Addition (north of 13th, east of 143rd Street East) 448-88792/732214/ 470-299, introduced and under the rules laid over. 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 water Distribution System Number 448-88267 (south of 13th, west of Maize) 448-88267/732230/470-301, introduced and under the rules laid over. 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 water Distribution System Number 448-88748, Wilderness at the Park (south of Pawnee, east of Maize) 448-88748/732248/470-302, introduced and under the rules laid over. 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 water Distribution System Number 448-88789, Kansas Surgery and Recovery Center Addition (east of Webb, south of K-96) 448- 88789/732263/470-304, introduced and under the rules laid over. 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 water Distribution System Number 448-88848, Stoneborough Addition, (north of 55th St South, west of Broadway) 448- 88848/732297/470-307, introduced and under the rules laid over. 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 water Distribution System Number 448-88850, Cottonwood Square Addition now platted as Northrock Crossing Addition (north of 29th, west of Rock) 448-88850/732339/470-311, introduced and under the rules laid over. 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 water Distribution System Number 448-88844 (south of Central, west of 159th Street East) 448-88844/732347/470-312, introduced and under the rules laid over. 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 water Distribution System Number 448-8866, Lord of Life Lutheran Church Addition (south of 13th, west of Maize) 448-88866/732412/470-319, introduced and under the rules laid over. Sewer Projects Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. (468-82237 - Lateral 13, Main 1, Cowskin Interceptor) Mike Lindebak City Engineer said a letter had been received that indicated a complaint regarding the resulting condition of a yard and drainage from the yard. Most of the complaint seems to be with the way the drain layer hooked up to the City sewer. The City Engineer said he would have this checked to see whether there were problems with any of the work with the City's contractor did on this property. (468-82377 - Storm Water Sewer No. 448) Dr. Cmeci Dr. Cmeci said he purchased the property in 1992 from an individual who had purchased the property from Taco Tico. Three months after Mr. Cmeci purchased the property it was learned that Taco Tico had been discharging water from the basement into the City's sanitary sewer. Dr. Cmeci said he had agreed to shoulder the construction of a storm sewer to resolve the problem but this was with the understanding that Taco Tico would be sued by Mr. Cmeci and the Water Department to help Dr. Cmeci defray the costs. The suit was dismissed by the Court on the basis of the technicality that the property was purchased from a third party rather than from Taco Tico. Dr. Cmeci asked for a sense of fairness and justice because the project stands to benefit other areas than just his property. Gary Rebenstorf Director of Law explained that the total cost of the project or the assessment to any parcel can be amended; but, no property that is not currently in the assessment district could be assessed. Motion -- Reeser moved that the public hearing be closed; the proposed assessments be -- carried approved; and the Ordinances be placed on first reading. Motion carried 6 to 0. (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 constructing of Lateral 12, Main 1, Cowskin Interceptor Sewer 468-82222/741298/ 480-221, introduced and under the rules laid over. 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 of Lateral 13, Main 1, Cowskin Interceptor (north of Kellogg, west of Maize) 468-82237/741306/480-222, introduced and under the rules laid over. 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 of Lateral 17, Main 1, Cowskin Interceptor Sewer (west of Maize, north of Kellogg) 468-82255/741314/480-223, introduced and under the rules laid over. 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 of Lateral 80, Sanitary Sewer #23 (west of Meridian, south of 53rd Street North) 468-82273/741561/480-248, introduced and under the rules laid over. 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 of Lateral 12, Main 17, Southwest Interceptor (east of Ridge, south of 29th St North) 468-82323/741645/480-256, introduced and under the rules laid over. 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 of Lateral 32, Main 15, Southwest Interceptor, Lake Ridge 2nd Addition (north of 21st, east of Ridge) 468-82334/741736/480- 265, introduced and under the rules laid over. 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 of Lateral 32, Main 12, Southwest Interceptor Sewer (south of 21st, east of 119th Street West) 468-82157/741751/480-267, introduced and under the rules laid over. 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 of Lateral 317, Southwest Interceptor (south of Macarthur, west of Hoover) 468-82287/741769/480-268, introduced and under the rules laid over. 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 of Lateral 5, Main 11, Southwest Interceptor, Prairie Park 2nd Addition (south of Kellogg, east of Maize) 468- 81107/741785/480-270, introduced and under the rules laid over. 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 of Lateral 108, Westlink Sewer, Sterling Farms Addition (south of 29th Street North, west of Tyler) 468-82320/741819/480-273, introduced and under the rules laid over. 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 of Lateral 7, Main 17, Southwest Interceptor (north of 29th, west of Ridge) 468-82305/741835/480-275, introduced and under the rules laid over. 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 of Lateral 8, Main 17, Southwest Interceptor (north of 29th, west of Ridge) 468-82306/741843/480-276, introduced and under the rules laid over. 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 of Lateral 22, Main 15, Southwest Interceptor (south of 29th Street North, west of Ridge) 468-82099/741850/480-277, introduced and under the rules laid over. 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 of Lateral 21, Main 1, Cowskin Interceptor Sewer (north of Maple, west of 119th Street West) 468-82264/741876/480-279, introduced and under the rules laid over. 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 of Lateral 14, Main 14, Sanitary Sewer #22 (east of West Street, north of K-42) 468-82381/741884/480-280, introduced and under the rules laid over. 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 of Lateral 28, Main 15, Southwest Interceptor (east of Tyler, south of 17th) 468-82251/741892/480-281, introduced and under the rules laid over. 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 of Lateral 333, Southwest Interceptor (north of 21st, east of 119th Street West) 468-82382/741900/480-282, introduced and under the rules laid over. 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 of Lateral 2, Cowskin Interceptor Sewer (south of Maple, west of 119th St West) 468-82389/741918/480-283, introduced and under the rules laid over. 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 of Lateral 121, War Industries Sewer (south of Pawnee, west of Webb) 468-82330/741926/480-284, introduced and under the rules laid over. 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 of Lateral 261, Southwest Interceptor (south of 13th, west of Maize) 468-81775/741934/480-285, introduced and under the rules laid over. 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 of Lateral 154, Sanitary Sewer #22 (east of West St, south of 2nd) 468-82395/741942/480-286, introduced and under the rules laid over. 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 of Lateral 50, Main 3, SWI (west of Seneca, south of 48th Street South) 468-82387/741967/480-288, introduced and under the rules laid over. 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 of Lateral 327, Southwest Interceptor, Wilderness at th e Park (south of Pawnee, east of Maize) 468-82352/741975/480-289, introduced and under the rules laid over. 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 of Lateral 26, Main 24, War Industries Sewer (east of Webb, south of K-96) 468-82390/741991/480-291, introduced and under the rules laid over. 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 of Lateral 338, Southwest Interceptor (north of 55th St South, west of Broadway) 468-82403/742015/480-293, introduced and under the rules laid over. 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 of Lateral 50, Main 7, Sanitary Sewer #23 Cottonwood Square Addition now platted as Northrock Crossing Addition (north of 29th, west of Rock) 468-82404/742049/480-296, introduced and under the rules laid over. 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 of Lateral 79, Westlink Sewer 468-81400/742064/480-298, introduced and under the rules laid over. 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 of Lateral 50, Main 9, Sanitary Sewer #23 (south of 37th Street North, west of Rock) 468-82414/742098/480-301, introduced and under the rules laid over. 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 of Storm Water Drain No. 100, Sterling Farms 2nd and 3rd Additions and Unplatted Tracts (south of 29th Street North, west of Tyler) 468-82322/750455/485-081, introduced and under the rules laid over. 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 of Storm Water Sewer No. 418, (west of Meridian, south of 53rd Street North) 468-82134/750463/485-082, introduced and under the rules laid over. 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 Storm Water Drain 71, 468-81590/750471/485-083, introduced and under the rules laid over. 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 Storm Water Sewer No. 448, Douglas Heights Addition (south of Douglas, east of Hillside) 468-82377/750505/485-086, introduced and under the rules laid over. 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 of Storm Water Drain No. 449, Forest Lakes Addition (north of 29th, west of Ridge) 468-82379/750513/485-087, introduced and under the rules laid over. 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 of Storm Water Sewer No. 422 (north of 13th, east of 119th St West) 468-82159/750521/485-088, introduced and under the rules laid over. 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 of Storm Water Drain No. 105 (north of 21st, east of 119th Street North) 468-82384/750539/485-089, introduced and under the rules laid over. 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 of Storm Water Sewer No. 452 (east of Webb, south of K-96) 468- 82393/750547/485-090, introduced and under the rules laid over. 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 of Storm Water Drain No. 103, Wilderness at the Park, (south of Pawnee, east of Douglas) 468-82354/750562/485-092, introduced and under the rules laid over. 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 of Storm Water Sewer No. 454, (south of Merton, west of Seneca) 468-82410/750596/485-095, introduced and under the rules laid over. Paving Projects Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. (472-82309 - Hazel, Seneca to Osage) Charles Hancock Charles Hancock said a majority of owners signed the petition, including a dead man. A letter was received from the City Engineer's Office on February 5, 1993, which gave the estimated cost as $150,000/$.29 sq.ft. The final cost of the project was $176,522 - too large an amount over the estimate. There was an oil well which was plugged but the project was charged $7,987 to plug the oil well. Kansas Paving did the paving work. The yards are still torn up and parking is not leveled. Fescue 31 was the contractor's choice and Mr. Hancock said he did not want that "trash" on his yard. Mike Lindebak City Engineer said the contractor is to put back, as near as possible, the kind of grass originally in the yard. The difference in the project cost was probably largely due to finance charges but the project was built within the budget and within the estimate. With regard to the oil well, the KCC was called, a probe was done and it was determined that it was not capped properly so the well was capped and sealed. Council Member Rogers Council Member Rogers said a project was recently done in his area and the same grass was not installed in front of his home. And, he wondered how the situation could be rectified. There is sometimes a big gap between policy and implementation. The City might need to begin looking at this type of situation. Mike Lindebak City Engineer said the policy with the utility companies and the contractors is that the right-of-way will be restored in such a fashion that is comparable to what it was before the work began. A variety of grass is to be used that is similar to what is already there. In some areas it is difficult to tell what the original grass was. Francis Belton Francis Belton said the property next door to his was the same size but the two properties were charged different amounts. Council Member Ferris Council Member Ferris asked that someone double check all the driveway measurements. Motion -- Reeser moved that the public hearing be closed; the proposed assessments be approved; and the ordinance be placed on first reading; with the addition that Staff double check the measurements of the drive approaches and adjustments be -- carried made if necessary. 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 Hazel from the east line of Seneca to the west line of Osage, Hankin's Second Addition (east of Seneca, north of 55th Street South) 472-82309/761742/490-277, introduced and under the rules laid over. (472-82315 - 29th Street North) Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the public hearing be closed; the proposed assessments be approved; and the ordinance be placed on first reading, with the addition that Staff double check the measurements of the drive approaches and adjustments be -- carried made if necessary. 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 29th Street North from the west line of Lot 1, Block 4, Forest Lakes to the west line of Ridge Road, in Forest Lakes and Reflection Ridge 6th, 7th and 8th Addition (on 29th Street North, west of Ridge) 472-82315/761809/490-283, introduced and under the rules laid over. (472-82352 - Improving Everett) Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Helen M. Adams Helen M. Adams, 1847 South Everett, said her assessment was $7,000 but a neighbor to the north with a smaller area had an assessment of $3,000. Mike Lindebak City Engineer said Ms. Adams assessment would be $2,354.78. Also, Ms. Adams may be eligible for the deferral program. Motion -- Reeser moved that the public hearing be closed; the proposed assessments be -- carried approved; and 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 Everett from the north line of Dora to the south line of Orient Blvd, South University Place Addition, (west of Seneca, north of Pawnee) 472-82352/761940/ 490-297, introduced and under the rules laid over. (472-82369 - Improving St. Louis) Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Gloria Meyer Gloria Meyer, on behalf of her mother, Marguerite Meyer owner of a home at 440 North Knight, said her mother's only income of about $15,000 is from a farm. The home at 440 North Knight is rented out for $450/month and one other property on north high is owned by other relatives and rented out with the net income being given to her 91 year-old mother to help defray nursing home costs of $25,000/year. This is to try to keep her mother from going on welfare. At the present rate, it is estimated her mother can be kept off welfare for three more years. Ms. Meyer asked that the special assessments for the home at (Lots 3 and 4) 440 North Knight and the property on (Lot 11) North High be set aside so her mother can be kept off welfare as long as possible. The property on North Knight will probably be sold in three years and at that time the specials could be collected. Gary Rebenstorf Director of Law said Marguerite Meyer did not qualify for the hardship deferral because she is not a resident of the property to be assessed and because her income, based upon her 1994 income tax forms, is beyond the level required in the ordinance. Motion -- Ferris moved that the public hearing be closed; the assessments be approved; and -- carried the Ordinance be placed on first reading. Motion carried 5 to 1. Broadfoot - No. (Cather absent) Council Member Cole Council Member Cole said there are families in the situation of trying to care for an elderly parent and it is something that needs to be looked at in the hardship deferral program. Motion -- carried Ferris moved that this Item be reconsidered. Motion carried 6 to 0. (Cather absent) Motion -- Ferris moved that this Item be deferred one week; and the Director of Law report back to the Council on whether or not this could be included if there were -- carried changes made in the hardship deferral policy. Motion carried 6 to 0. (Cather absent) Council Member Kamen Council Member Kamen said he hoped the Director of Law would look at the other projects passed recently to see whether there were others that might fall under any new guidelines retroactively. (472-82368 - Improving Joann) Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Broadfoot moved that the public hearing be closed; the assessments be approved; -- carried and 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 Joann from the south line of Caroline Avenue to the south line of St Louis Avenue (south of Central, east of West Street) 472- 82368/762005/490-303), introduced and under the rules laid over. (472-82381 - Improving 44th Street South) Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Douglas Pitzer Douglas Pitzer, Master-Halco, Inc., said that during the construction of the project he talked to the resident engineer many times in concern about the driveway that was being put into his property off of 44th Street. The answer continuously given was "it will be taken care of." Now, Master-Halco has a residential style driveway on which 10 semi-trailer trucks, ranging from 50,000 to 80,000 pounds each, are driven on each week. "I would like to know who is going to pay for the repairs of this driveway in five to ten years when it just disintegrates." This was addressed with the engineers many times and the engineers did not seem to want to change anything. Mr. Pitzer said he addressed this with the engineer (Rob) last week and the following day, his words were, "You know, we're not really concerned about your driveway as it is the trucks that you run across the street that we put in." The City Engineering staff and design staff put a residential street in front of a commercial property which runs semi-trailer trucks across. Mr. Pitzer requested that City Engineering mail out a letter to every resident in the area that states that when Master-Halco, in doing business daily, destroys the street, the residents should contact City Engineering, not Master-Halco. Also, Mr. Pitzer requested City Engineering be directed to write a letter to Master-Halco stating that, when Master-Halco's driveway falls apart, a new driveway will be installed at City Engineering expense to the standard it should have been originally. Council Member Ferris Council Member Ferris asked for information, in letter form addressed to Council Member Ferris and the City Council, in the next week to ten days as to why a residential street was built abutting commercial property, and that a copy of the letter be sent to Mr. Pitzer. Of more concern is that if Mr. Pitzer expressed concern, why the driveway was installed at residential standards. Council Member Ferris asked that this matter also be investigated. If the driveway was installed to residential standards by the contractor, and if City Staff directed the contractor to put in a substandard driveway, then the City has the responsibility. If it was on the shoulder of the contractor, then the contractor should be responsible for replacing the driveway to the correct standards. Mr. Pitzer has a right to the information and correspondence with regard to how the matter is going to be handled. Mike Lindebak City Engineer said Mr. Pitzer might be talking about a 6-inch versus an 8-inch driveway thickness. Before Mr. Lindebak became City Engineer, all drive approaches in the City of Wichita were 6-inch standard. Council Member Ferris Council Member Ferris inquired whether it was in the bid documents that the driveway was to be constructed to standards - and City standards are 6-inches for residential and 8-inches for commercial. Motion -- Ferris moved that the public hearing be closed; the assessments be approved; and -- carried the Ordinance be placed on first reading. Motion carried 6 to 0. (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 44th Street South, Main Street, Shadyside Avenue and Market Street from the west line of Broadway to the south line of 44th Street South, South Broadway Gardens 2nd Addition (west of Broadway, north of 47th Street South) 472-82381/762088/490-311) (472-82382 - Improving 9th Street) Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Council Member Kamen momentarily absent. Mervin Pore Mervin Pore, 5519 West 9th, said he received a corrected statement which shows the improvement district cost as $83,931. The direct assessment is $5,789.61 which was subtracted from the $83,931 leaving a total of $78,141.39. The improvement district south of 9th Street will pay one-half of $78,141.39. The total assessment to Mr. Pore will be $6,726.56, of which $825 is for the driveway. Mr. Pore said $825 and $5,789.61 total $111.95 less than the $6,726.56 stated in the letter. Council Member Reeser left the Bench. A neighbor has 252 square feet more than Mr. Pore but the neighbor's taxes are $171.00 more, making the 252 square feet cost about $.68 per foot. Motion -- Ferris moved that this Item be deferred one week and the City Engineer meet with Mr. Pore to review the numbers. Mervin Pore Mervin Pore said he was given a choice of the kind of grass installed but they did not ask what depth of concrete he wanted. The dirt is higher than the sidewalk then the sidewalk is there and then the yard drops down about ten inches and creates a water hole. A good job was not done on the sidewalk. Council Member Ferris Council Member Ferris asked that the sidewalk issue also be discussed with the City Engineer and that the inspectors look at it and make sure the contractor fulfilled the obligations to City standards. -- carried Motion carried 5 to 0. (Cather, Reeser; absent) (472-82392 - Improving St. Louis) Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Broadfoot moved that the public hearing be closed; the assessments be approved; -- carried and the Ordinance be placed on first reading. Motion carried 5 to 0. (Cather, Reeser; 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 St Louis from the east line of Sheridan to the west line of Mt. Carmel and from the east line of Mt. Carmel to the west line of Custer (south of Central, east of West Street) 472- 82392/762187/490-321), introduced and under the rules laid over. Motion -- Broadfoot moved that the public hearing be closed on the remaining paving projects; the assessments be approved; and the Ordinances be placed on first -- carried reading. Motion carried 5 to 0. (Cather, Reeser; 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 elevated walkway, landscaping, and associated improvements to serve the properties on Mosley, between 1st and 2nd Streets, (west side Mosley, north of 1st) 472-82468/705939/450-147, introduced and under the rules laid over. 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 South Broadway Gardens 2nd Addition, construct a driveway approach or approaches to serve Lot 2, Block D (Hearing-121 E 44th) 472- 82514/762773/450-380, introduced and under the rules laid over. 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 South Broadway Gardens 2nd Addition, construct a driveway approach or approaches to serve Lot 7, Block C, (Brozek-130 E 44th) 472- 82520/762781/450-381, introduced and under the rules laid over. 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 South Broadway Gardens 2nd Addition, construct a driveway approach or approaches to serve Lot 3, Block D, (Burton-131 E 44th) 472- 82522/762799/450-382, introduced and under the rules laid over. 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 South Broadway Gardens 2nd Addition, construct a driveway approach or approaches to serve Lot 4, Block D, (Brown-141 E 44th) 472- 82517/762807/450-383, introduced and under the rules laid over. 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 South Broadway Gardens 2nd Addition, construct a driveway approach or approaches to serve Lot 10, Block D, (Trussell-100 E Shadyside) 472-82518/762815/ 450-384, introduced and under the rules laid over. 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 South Broadway Gardens 2nd Addition, construct a driveway approach or approaches to serve Lot 1, Block D, (Saindon-4500 S Main) 472-82523/762823/ 450-385, introduced and under the rules laid over. 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 South Broadway Gardens 2nd Addition, construct a driveway approach or approaches to serve Lot 13, Block C, (Buckley-4513 S Main) 472- 82521/762831/450-386, introduced and under the rules laid over. 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 South Broadway Gardens 2nd Addition, construct a driveway approach or approaches to serve Lot 24, Block C, (Rentfrow-4526 S Market) 472-82515/762849/ 450-387, introduced and under the rules laid over. 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 Sunrise Drive and 51st Street South from the east line of Seneca Street to the west line of Gold Avenue, South Seneca Gardens 2nd Addition (Seneca to Gold) 472-82342/761841/490-287, introduced and under the rules laid over. 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 Cary Lane from the east side of Clarence to the east side of Seneca; and construct sidewalk on both sides of Cary Lane from the east side of Clarence to the east side of Seneca, 472- 82331/761858/490-288, introduced and under the rules laid over. 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 34th Street North/Inwood from the east line of Killarney West Residential to the south line of Lot 17, Block 2, Leewood Village at Northrock; Governeour/35th Street North from the north line of 34th Street North to the west line of Lot l0, Block 2, Leewood Village at Northrock; Governeour Circle from the north line of 35th Street North to and including the cul-de- sac serving Lots 10 through 20, Block 1, Leewood Village at Northrock; Inwood Court from the north line of 34th Street North to and including the cul-de-sac serving Lots 22 through 33, Block 2, Leewood Village at Northrock; the "eyebrow" serving Lots 18 through 21, inclusive, Block 2, Leewood Village at Northrock 472-82222/761908/490-293, introduced and under the rules laid over. 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 Sterling from the east line of Lot 48, Block 3, and the east line of Lot 22, Block 6, Sterling Farms to the west Line of Tyler Road; Watersedge, Chartwell, and Baytree from the north Line of Sterling to the north Line of Sterling; Watersedge Court Serving Lots 30 thru 40, Block 1; Chartwell Circle Serving Lots 8 thru 11, Block 1; Chartwell Circle serving Lots 18 thru 29, Block 1; Baytree Court serving Lots 10 thru 13, Block 2; that there be constructed a sidewalk on the north Side of Sterling from the east line of Lot 48, Block 3, Sterling Farms to the west Line of Watersedge; that there be constructed sidewalk on the south side of Sterling from the west Line of Watersedge to the west Line of Tyler Road; and that there be constructed a sidewalk from the north Line of Reserve "A", Sterling Farms to the south Line of Sterling, (west of Tyler, north of 21st) 472- 82337/761916/490-294, introduced and under the rules laid over. 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 Watersedge Circle from the south line of Sterling to and including the cul-de-sac; Watersedge Court serving Lots 15 through 25, Block 1, Sterling Farms 3rd Addition (north of 21st Street North, west of Tyler) 472-82349/761924/490-295, introduced and under the rules laid over. 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 Wedgewood from the east line of Ridge Road to the east line of Lot 1, Block 1, Lakeside Park Addition (east of Ridge, south of 29th Street North) 472-82339/761957/490-298, introduced and under the rules laid over. 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 54th Street South from the east line of Seneca Street to the west line of Handley Avenue; and on Handley Avenue, from the north line of 55th Street South to the north line of Blocks 2 and 3, South Seneca Gardens Fourth Addition 472-80826/761981/490-301, introduced and under the rules laid over. 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 34th Street North from a point 120 feet east of the west line of Lot 18, Block 2, Willowood to the east line of Killarney West Residential Addition and constructing sidewalk along or near the property line of both sides of a point 120 feet east of the west line of Lot 18, Block 2, Willowood to the east line of Killarney West Residential Addition (north of 29th Street North, east of Woodlawn) 472-82070/762096/490-312, introduced and under the rules laid over. 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 Racehorse from the north line of Lot 36, Block 2, Rainbow Lakes West Third Addition to the west line of Rainbow Lake Road, and Rainbow Lake Road from the south line of Lot 2, Block 2, Rainbow Lakes West Third Addition to the north line of Lot 4, Block 1, Rainbow Lakes West Third Addition, (north of Maple, west of 119th Street West) 472-82377/762104/490-313, introduced and under the rules laid over. 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 Fieldcrest from the north line of Pawnee to the north line of Stafford, Park Glen Addition, (north of Pawnee, west of Lark) 472-82275/762120/490-315, introduced and under the rules laid over. 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 the west half of Woodchuck from the point where full pavement ends, at approximately the south line of Cottontail, to a point north where full pavement begins, near the south point of Lot 1, Block 8, Country Acres Addition, (north of Central, east of Tyler Road) 472-81282/762146/490-317, introduced and under the rules laid over. 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 Meribeau Court from north line Meribeau to and including the cul-de-sac to serve Lots 11 through 18, Block 4, and on Meribeau Court from Meribeau to and including the cul-de-sac to serve Lots 29 through 38, Block 1, Breezy Pointe Second Addition, (north of Maple, west of 119th Street) 472-82399/762179/490- 320, introduced and under the rules laid over. 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 Pine Grove from the north line of Westport to the north line of Lot 2, Block B and the north line of Lot 26, Block C; 18th Street from the east line of Pine Grove to the west line of Chambers; Westport from the east line of 119th Street West to the west line of Chambers; Chambers from the south line of Sunridge Second Addition to the north line of Lot 14, Block C and the north line of Lot 6, Block G all in Sunridge Second Addition; and that sidewalk be constructed on the north side of 18th Street from the west line of Chambers to the east line of Pine Grove and on the east side of Pine Grove from the north line of 18th Street to the north line of Lot 26, Block C, in Sunridge Second Addition (north of 13th, east of 119th Street West) 472- 82159/762203/490-323, introduced and under the rules laid over. 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 decel lane on the north side of 21st Street North from Crestline to the east line of Chadsworth 2nd Addition and median improvements in 21st Street North adjacent to Chadsworth Second Addition (north of 21st, east of Maize) 472-82190/762211/490- 324, introduced and under the rules laid over. 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 Crestline Court from the east line of Crestline to and including the cul-de-sac to serve Lots 51 through 55, Block 2, and Lots 13 through 16, Block 3; Crestline Court from the west line of Crestline to and including the cul-de-sac to serve Lot 48 through 53, Block 4; and Britton, Valleyview, and Greenspoint from the east line of Crestline to the east line of Crestline (north of 21st, east of Maize) 472-82189/762237/490-326, introduced and under the rules laid over. 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 May from the west line of Lot 28, Block 5, Prairie Park 2nd Addition to the west line of Carrwood Drive; Crestline from the north line of May to the west line of Carrwood Drive; May Court in Block 6, Prairie Park 2nd Addition from the north line of May to and including cul-de-sac; and, Carrwood Drive from the south line of Prairie Park 2nd Addition to the south line of Lot 1, Block 5, Prairie Park 2nd Addition, (south of Harry, east of Maize) 472-81444/762286/490-331, introduced and under the rules laid over. 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 Kessler from the north line of St Louis to the north line of Newell (south of Central, east of West Street) 472- 82424/762310/490-334, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of 27th Street North and Battin from the east line of Oliver to the south line of Lot 21, Block 1; 27th Street North Court from the south line of 27th Street North to and including the cul-de-sac; sidewalk on the north side of 27th Street North and east side of Battin, Pembrook Addition (east of Oliver, north of 25th) 472-82393/762328/490-335, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Wild Rose from the north line of 29th Street North to the north line of Lot 68, Block 3 and the north line of Lot 104, Block 4; Wild Rose Court serving Lots 113 through 120, Block 4; Wild Rose Court serving Lots 104 through 112, Block 4; and construct a sidewalk on the west side of Wild Rose, from the north line of 29th Street North to the north line of Lot 68, Block 3 (north of 29th, west of Ridge) 472-82323/762377/490-340, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Wild Rose from the south line of Lot 67, Block 3 and the south line of Lot 103, Block 4 to the north line of Lot 58, Block 3 and to the north line of Lot 90, Block 4; Wild Rose Court serving Lots 97 through 103, Block 4; and construct a sidewalk on the west side of Wild Rose from the south line of Lot 67, Block 3 to the north line of Lot 58, Block 3, Phase 8 (north of 29th, west of Ridge) 472-82324/762385/490-341, introduced and under the rules laid over. ORDINANCE An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of Wild Rose from the north line of Lot 20, Block 2 to the south line of 29th Street; Wild Rose Court from the west line of Wild Rose serving Lots 39 through 47, Block 1; Wild Rose Court from the east line of Wild Rose serving lots 21 through 30, Block 2; Wild Rose Court from the west line of Wild Rose serving Lots 48 through 57, Block 1; Wild Rose Court from the east line of Wild Rose serving Lots 31 through 38, Block 2; and sidewalk on the west side of Wild Rose, (south of 29th Street North, west of Ridge) 472-82082/762393/490-342, introduced and under the rules laid over. 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 Rainbow Lake Road and Rainbow Lake Terrace from the northwesterly line of Lot 3, Block 2, to the southwesterly line of Rainbow Lake Road, Rainbow Lakes West 3rd Addition (north of Maple, east of 135th Street West) 472-82449/762401/490-343, introduced and under the rules laid over. 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 16th Street North from the west line of Lot 27, Block 1 and the west line of Lot 29, Block 3, to the west line and extended west line of Lot 1, Block 4; Socora from the north line of Lot 46, Block 1, and north line of Lot 1, Block 2 to the south line of Lot 53, Block 3 and the south line of Lot 1, Block 5; 16th Street Court from the north line of 16th Street North to and including the cul-de-sac, serving Lots 27 through 39, Block 1; Aberdeen Circle from the west line of Socora to and including the cul-de-sac, serving Lots 38 through 53, Block 3; and a sidewalk along the north side of 16th Street North (east of Tyler, south of 17th) 472-82278/762419/490-344, introduced and under the rules laid over. 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 Harvest Lane from the west line of Manchester to the west line of Lot 21, Block 1, Huntington Place Third Addition, and; Manchester Court from the west line of Manchester to and including the cul-de-sac, (south of 13th, west of Maize) 472- 82450/762492/490-352, introduced and under the rules laid over. 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 Denene from the north line of Yosemite Drive to east line of Maize Road, Wilderness at the Park (south of Pawnee, east of Maize 472-82384/762534/ 490-356, introduced and under the rules laid over. 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 Stoneborough from the north line of Lot 34, Block 1, to the south line of Hazel Circle; Hazel from the south line of Hazel Circle to the east line of Lot 51, Block 1, Stoneborough Addition; Stoneborough Court from the east line of Stoneborough to and including the cul-de-sac to serve Lots 22 through 42, Block 3; Stoneborough Court from the east line of Stoneborough to and including the cul-de-sac to serve Lots 43 through 49, Block 3; and Hazel Circle from the north line of Stoneborough to and including the cul-de-sac to serve Lots 46 through 51, Block 1, Stoneborough Addition 472-82483/762617/490-364, introduced and under the rules laid over. 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 and deceleration lane and major entrance on the west side of Maize Road to serve Lots 1, 2, and 3, Timber Grove Lakes Addition 472-81387/762922/490-395, introduced and under the rules laid over. EXECUTIVE SESSION Motion -- Broadfoot moved that the Council recess to executive session to consider consultation with legal council on matters privileged in the attorney-client relationship relating to legal advice, contract negotiations, confidential data relating to the financial affairs or trade secrets of a business, and the regular meeting be resumed at 2:00 P.M. Motion carried 6 to 0. (Cather absent) RECESS Council recessed at 12:33 P.M. and reconvened in regular session at 2:00 P.M. (Cather, Cole, Kamen; absent) Mayor Broadfoot Mayor Broadfoot announced that no action was necessary as a result of the executive session. FIREARMS USE THEATRICAL USE OF FIREARMS. Cathy Holdeman Representing the City Manager reviewed the Item. Agenda Report No. 95-218. The City Code prohibits the discharge of firearms within the city limits. During the discussions over the amendments to the firearms ordinances made last summer, it was determined that in the case of theatrical performances and re-enactments such as those which take place at Cowtown, an exception might be made to this prohibition if there was no increased danger to the public. Meetings were held with representatives of the Wichita-Sedgwick County Re-enactment Society and the 9th Texas Volunteers Infantry Regiment, Company B, both of which participate in these events at Cowtown, and the ordinance has been reviewed by both organizations. The proposed ordinance amends Section 5.88.010 of the City Code so it is not unlawful for historical re- enactors and actors to carry a loaded firearm when engaged in performances or demonstrations. The ordinance further amends Section 5.88.020 of the City Code so it is not unlawful for a historical re-enactor or actor to discharge a firearm as a part of a performance or demonstration when the powder charge does not exceed 30 grains for pistols, 65 grains for long guns, and one-quarter pound for a cannon; and the gun contains no projectile other than the minimum amount of wadding necessary to hold the powder in place. It is believed this limitation will protect the public while at the same time permitting realistic performances and demonstrations. Council Member Kamen present. Discussion was had and concern was expressed that the ordinance, in its present form, would allow anyone engaged anywhere in the City to participate in a theatrical performance. Gary Rebenstorf Director of Law said the reason for the Declaration of Emergency is that there is a group putting on a re-enactment this weekend at Cowtown. Patrick Glynn Patrick Glynn said his organization would have no objection to having the ordinance restrict re-enactments to Cowtown. Council Member Rogers Council Member Rogers said he did not want to eliminate other groups from the Ordinance but it would be reasonable to have some provisions for some approval by event. Council Member Ferris Council Member Ferris suggested addition of a sentence that would add that any provision of this Ordinance must be approved by the City Manager or Manager's designee. Motion -- Ferris moved that the Declaration of Emergency be approved and the Mayor be authorized to sign; and the Ordinance, with the change that any group using the ordinance would have to have written permission from the City Manager or Manager's designee, be placed on its passage and adopted on the date of its -- carried introduction, all in accordance with K.S.A. 12-3001. Motion carried 5 to 0. (Cather, Cole; absent) ORDINANCE NO. 42-636 An Ordinance amending Sections 5.88.010 and 5.88.020 of the Code of the City of Wichita, Kansas, pertaining to the unlawful use of weapons and unlawful discharge of a firearm, air rifle, pellet gun and BB gun, and repealing the originals of said sections. Broadfoot moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. CITY COUNCIL AGENDA ART MUSEUM BOARD CHARTER ORDINANCE PERTAINING TO THE ART MUSEUM BOARD. (Requested by Council Member Reeser) Council Member Reeser Council Member Reeser stated that he would prefer to have a full City Council when the Item is discussed. Also, Staff would be asked to give the Council the alternate that at least two of the seven appointees would be Friends of the Wichita Art Museum Board. This would give the opportunity to debate whether seven or nine members would be the best. Motion -- carried Reeser moved that this Item be deferred one week. Motion carried 5 to 0. (Cather, Cole; absent) Council Member Reeser Council Member Reeser clarified that he was requesting two separate ordinances for consideration next week. Council Member Ferris Council Member Ferris said it was always his intent that there be two people from the Friends Board involved and if this were put in an Ordinance then there would be assurance of two of seven Friends Board representatives. Motion -- Broadfoot moved that Staff be directed to draft a Resolution that asks the Wichita Art Museum Board to agree to a Memorandum of Understanding within 60 -- carried days. Motion carried 5 to 0. (Cather, Cole; absent) APPOINTMENTS APPOINTMENTS TO WICHITA PUBLIC BUILDING COMMISSION. Two appointments (Cather, Rogers), for terms to expire June 30, 1995. Motion -- Broadfoot moved that Cather's appointment be deferred one week. Motion carried -- carried 5 to 0. (Cather, Cole; absent) Motion -- Rogers appointed Carlene Hill and moved that the appointment be approved. Motion -- carried carried 5 to 0. (Cather, Cole; absent) APPOINTMENTS TO COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. Two appointments (Reeser, Rogers), for terms to expire June 30, 1995. Motion -- Reeser moved that his appointment be deferred for three weeks. Motion carried -- carried 5 to 0. (Cather, Cole; absent) Motion -- Rogers moved that his appointment be deferred for two weeks. Motion carried -- carried 5 to 0. (Cather, Cole; absent) NOTICE OF VACANCY - HISTORIC PRESERVATION BOARD. One vacancy (Rogers), due to the resignation of Pamela Kingsbury, for a term expiring June 30, 1995. The appointment will be made April 4, 1995. PROCLAMATIONS PROCLAMATIONS. Motion -- carried Broadfoot moved that the proclamations be authorized. Motion carried 5 to 0. (Cather, Cole; absent) OFF AGENDA ITEM APPOINTMENT TO THE SOLID WASTE MANAGEMENT COMMITTEE. Kent Carter, Chair, of the Solid Waste Management Committee has resigned. Motion -- Broadfoot appointed Patrick A. Craig as Chairperson to the Solid Waste Management -- carried Committee and moved that the appointment be approved. Motion carried 5 to 0. (Cather, Cole; absent) OFF AGENDA ITEM LEGISLATIVE ISSUE. Motion -- carried Reeser moved that an Item be taken up off the Agenda. Motion carried 5 to 0. (Cather, Cole; absent) Council Member Reeser Council Member Reeser said, regarding the Bill regarding car taxes, is that the last information received is that proposed legislation could cost local units about one-half billion dollars per year which would create a shift to property taxes. Cathy Holdeman Intergovernmental Relations Director said the estimated revenue loss to Sedgwick County, based on the House version, would have been $29 million over a 5-year period. The current discussion is that there is no way to make up the revenue loss and it could become a shift to property taxes if units of local government decided to do so. Council Member Reeser Council Member Reeser stated that, somehow, a better job of communicating with the local media needs to be done to inform them that the Legislature's "tax cuts" are not actually tax cuts. It will only be a tax cut if local government can come up with the difference. Cathy Holdeman Intergovernmental Relations Director explained that the new Bill is over a seven-year period of time and the loss of revenue would be phased in at a more gradual rate; and the assessed valuation will be phased down from 30 percent to 15 percent over that seven-year period of time. Council Member Reeser Council Member Reeser said it is disturbing this is being published as a tax cut because the other side of the story is not being told. Council Member Ferris Council Member Ferris added that because of the archaic formula the State uses, Sedgwick County and the schools will take a bigger hit because, if the formula were reasonable the City would be losing $22 million. Council Member Reeser Council Member Reeser said it would also be interesting if the public could be shown how many people the tax decrease, in this one specific area, actually helps. The taxes are already substantially low for most of the vehicles and only those persons with newer vehicles will see any reduction in vehicle taxes. Council Member Ferris Council Member Ferris stated that one advantage would be, if the City levied subsequent taxes in the City to compensate for the loss, the City would keep 100 percent. With the car taxes, the City does not receive any amount close to what should be received. If motor vehicle taxes were abolished and the shift were put on property taxes, the City of Wichita would benefit. The City would receive 100 percent of the property tax instead of the 57 to 58 percent of vehicle tax received. Due to the State's formula, if the property taxes were increased, Wichita would also receive a larger share of the sales tax the following year. Cathy Holdeman Intergovernmental Relations Director, responding to a question regarding the gun control legislation, said she would research the status and inform the Council. Mayor Broadfoot Mayor Broadfoot requested an update on the NRA action taking place in Topeka and in Wichita later in the week. Council Member Ferris Council Member Ferris said the Legislature believes Wichita has adopted an Ordinance which would cause people to be put in jail by just driving through Wichita with a weapon. Gary Rebenstorf Director of Law said if persons were just driving Wichita and did nothing to give a police officer probable cause to stop them, the City would not even know anyone was driving through with a gun. The Ordinance adopted had to do with possession of weapons by juveniles and the Ordinance contains a provision enabling juveniles to go to shooting matches or target practice areas. Council Member Ferris Council Member Ferris asked that information be taken to the Legislature informing them that there is no City law anyone just driving through the City could violate. Council Member Reeser Council Member Reeser said it was discussed in a caucus and it is a deliberate strategy of confusing the issue and telling people they could be arrested just driving through Wichita. CONSENT AGENDA Broadfoot moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 5 to 0. (Cather, Cole; absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MARCH 13, 1995. At 10:00 a.m., Friday, March 10, 1995, 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 3/13/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains as per specifications 1995 Contract Maintenance Micro-Surface Seal of Arterial Asphalt Streets at various locations. (132274) Does not affect existing traffic. (Council approval date 12-20-94) (District all) as per specifications Ballou Construction - $166,710.00 (Engineer's estimate) 1995 Contract Maintenance Asphaltic Concrete Overlay of Asphalt Streets at various locations. (132324) Does not affect existing traffic. (Council approval date 12-20-94) (District all) as per specifications Cornejo & Sons - $140,100.00 (Engineer's estimate) 1995 Sanitary Sewer Rehabilitation Program - Phase II (various locations). (621060) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-14-93) (District all) as per specifications WB Carter Construction Co., Inc. - $246,226.80 1995 Sanitary Sewer Rehabilitation Program - Phase III (various locations). (621078) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-14-93) (District all) as per specifications Insituform - $297,929.60 North Shore Circle from the east line of North Shore Boulevard 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 Addition (north of 21st, East of Ridge). (472-82478/762641/490367) Does not affect existing traffic. (Council approval date 07-12-94) (District 5) as per specifications Ritchie Paving - $399,134.20 The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid and within the Engineer's construction estimate. Broadfoot moved that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign the contract for the City. Motion carried 5 to 0. (Cather, Cole; absent) PARK DEPARTMENT: Miscellaneous Feritilizers, Fungicides, Herbicides, and Insecticides Item 1 - Estes, Inc. $10,606.60 Item 2 - Estes, Inc. $ 3,150.00 Item 3 - Grass Pad, Inc. $ 3,706.20 Item 4 - Professional Turf Spec $ 595.70 Item 5 - Robert Wise $17,645.76 Item 6 - United Horticultural Sup. $ 859.90 Item 7 - United Horticultural Sup. $ 1,998.00 Item 8 - Estes, Inc. $ 682.50 Item 9 - United Horticultural Sup. $ 1,600.00 Item 10 - The Scotts Co. $ 1,589.76* Item 11 - Grass Pad, Inc. $ 387.40 Item 12 - Estes, Inc. $ 864.72 Item 13 - Robert Wise $ 3,515.73 Item 14 - United Horticultural Sup. $ 737.50 Item 15 - United Horticultural Sup. $11,160.00 Item 16 - Grass Pad, Inc. $ 454.50 Item 17 - Grass Pad, Inc. $ 2,046.00 Item 18 - United Horticultural Sup. $ 625.24 Item 19 - Cornbelt Chemical Co. $ 4,122.30 Item 20 - Estes, Inc. $ 8,215.35 Item 21 - Estes, Inc. $ 911.50 Item 23 - Robert Wise $ 399.16 Item 24 - Robert Wise $ 1,958.65 The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, same being the lowest and best bid. Broadfoot moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 5 to 0. (Cather, Cole; absent) SEWER REHABILITATION 1995 SANITARY SEWER REHABILITATION PROGRAM - PHASE V (VARIOUS LOCATIONS). (Deferred from March 7, 1995) 1995 Sanitary Sewer Rehabilitation Program - Phase V (various locations). (468-82399/623124/533004) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 05-17-94) (District 2/4/6) as per specifications Bradshaw Construction - $122,500.00 The Board of Bids and Contracts recommended that the contract be awarded as outlined above, subject to check, same being the lowest and best bid and within the Engineer's construction estimate. Broadfoot moved that the contract be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign the contract for the City. Motion carried 5 to 0. (Cather, Cole; absent) LICENSE APPLICATIONS APPLICATION FOR ADULT ENTERTAINMENT ESTABLISHMENT. Robert Floyd Kellogg Gift Shop, Inc.6143 W. Kellogg dba Christies Toy Box Motion -- Broadfoot moved that the license be approved subject to Staff review and -- carried approval. Motion carried 5 to 0. (Cather, Cole; absent) PLANS AND SPECS PLANS AND SPECIFICATIONS. a. 1995 Contract Maintenance Asphalt Rehabilitation of St. Paul from the north side of Central to the south side of 13th Street. (132316/621029) Traffic to be carried through construction. (Council approval date 12-20-94) (District IV) b. Lateral 19, Main 1, Cowskin Interceptor Sewer to serve Lexington and Miles Hidden Lakes Estates Additions (west of Maize, south of Maple). (468-82260/ 742031/480495) Does not affect existing traffic. (Council approval date 01-31-95) (District V) c. Lateral 335, Southwest Interceptor Sewer to serve unplatted tracts (south of 55th Street South, east of Kansas Turnpike Authority). (468-82388/741959/ 480287) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 05-24-94) (District IV) d. Water Distribution System to serve Meadow Creek Addition (south of 29th Street North, west of Broadway). (448- 88889/732560/470334) Traffic to be maintained through construction. (Council approval date 01-10-95) (District VI) e. Water Distribution System to serve KUMC Addition (north of 9th, east of I-135). (448-88895/732586/470336) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 03-07-95) (District I) Motion -- Broadfoot 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 31, 1995. Motion carried 5 to 0. (Cather, Cole; absent) 1995 Contract Maintenance Diamond Grinding of Arterial Streets at various locations. (132431) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-20-94) (District all) Motion -- Broadfoot moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 7, 1995. Motion carried 5 to 0. (Cather, Cole; absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1995 Contract maintenance micro-surface seal of arterial asphalt streets at various locations - $182,700. (132274) Does not affect existing traffic. (Council approval date 12-20-94) (District all) b. 1995 Contract maintenance asphaltic concrete overlay of asphalt streets at various locations - $155,300. (132324) Does not affect existing traffic. (Council approval date 12-20-94) (District all) c. 1995 Sanitary Sewer Rehabilitation Program - Phase II (various locations) - $388,630. (621060) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-14-93) (District all) d. 1995 Sanitary Sewer Rehabilitation Program - Phase III (various locations) - $358,700. (621078) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-14-93) (District all) e. Improving North Shore Circle from the east line of North Shore Boulevard 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 Addition (north of 21st Street, East of Ridge) - $697,000. (472-82478/762641/490367) Does not affect existing traffic. (Council approval date 07-12-94) (District V) f. Improving Custer Court from the west line of Custer to and including Hammerhead, Ebersole Addition (west of Custer, south of 13th Street) - $30,210. (472-82496/762906/490383) Does not affect existing traffic. (Council approval date 08-23-94) (District VI) Motion -- Broadfoot moved that the preliminary estimates be approved and filed. Motion -- carried carried 5 to 0. (Cather, Cole; absent) PETITION PETITION (100%) FOR PAVING, STORM WATER SEWER, AND WATER DISTRIBUTION SYSTEM TO SERVE PART OF REFLECTION RIDGE SEVENTH AND EIGHTH ADDITIONS. (District V) Agenda Report No. 95-220. On April 21, 1992, the City Council approved Reflection Ridge 7th and 8th Additions, new single-family developments south of 29th Street, west of Ridge Road. At the same time, the Council approved paving, sewer, drainage and water petitions. The developer has submitted new paving, storm water sewer and water petitions. The signature on the petitions represents 100% of the improvement districts. The purpose of the new petitions is to rephase the street construction to provide a connection to 29th Street. The petitions total $717,500. The funding source is Special Assessments. Motion -- Broadfoot moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 5 to 0. (Cather, Cole; absent) RESOLUTION NO. R-95-127 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88898, Reflection Ridge Seventh Addition (south of 29th, west of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-128 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88899, Reflection Ridge Seventh Addition (south of 29th, west of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-129 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 459 Project No. 468-82460 Reflection Ridge Seventh Addition (south of 29th, west of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-130 Resolution of findings of advisability and Resolution authorizing improving Spring Meadow from the south line of Lot 29, Block 1, and the south line of Lot 21, Block 3, Reflection Ridge Seventh Addition to the east line of Tee Time; Spring Meadow Court serving Lots 36 through 38, Block 1, Reflection Ridge Seventh Addition; Spring Meadow Court serving Lots 16 through 21, Block 3, Reflection Ridge Seventh Addition, Project No. 472-82561 Reflection Ridge Seventh Addition (south of 29th, west of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. (SEE PAGE A) RESOLUTION NO. R-95-131 BOARDS MINUTES MINUTES OF THE ADVISORY BOARDS AND COMMISSIONS. Board of Appeals of Plumbers and Gas Fitters, 3/7/95 CPO Northeast Council 1, 3/6/95 CPO Southwest Council 4, 3/9/95 CPO North Central Council 6, 3/8/95 Civil Rights and Services Board, 2/27/95 Human Service Board, 2/9/95 Public Art Advisory Board, 2/9/95, Committee on 11th Street Bridge, 2/9/95 Wichita Art Museum Board, 2/17/95 Wichita Convention and Tourism Committee, 2/27/95 Wichita Employees' Retirement System, 2/22/95 Wichita Police & Fire Retirement System, 2/22/95 Wichita/Sedgwick County Alcohol & Drug Abuse Advisory Board, 2/28/95 Wichita/Sedgwick County Emergency Communications Advisory Board, 2/16/95 Motion -- carried Broadfoot moved that the Minutes be received and filed. Motion carried 5 to 0. (Cather, Cole; absent) STREET CLOSURES CONSIDERATION OF STREET CLOSURES. There were no street closures considered. CLAIMS ALLOWED REPORT REPORT ON CLAIMS ALLOWED - FEBRUARY, 1995. Name of Claimant Amount Suellen Cantrell $710.00 Erin B. Green $197.03 Arnold D. Grimsley $211.80* William & Selena Carter $111.91* Verna Rae Clark $120.17 Don Harp $127.97 Jamie D. Matchett $253.87 *Settled for lesser amounts than claimed. Motion -- carried Broadfoot moved that the Report be received and filed. Motion carried 5 to 0. (Cather, Cole; absent) CERTIFICATE OF CANVASS CERTIFICATE OF CANVASS. Certificate of Canvass of the votes cast in the Primary Election on February 28, 1995, determining that the following candidates were duly nominated for the General Election to be conducted April 4, 1995: Mayor: Council Member, District 2 Council Member, District 4 Elma Broadfoot Sally Dewey Bill Gale Bob Knight Sheldon Kamen Stan Reeser Motion-- Broadfoot moved that the Certificate be received and filed. Motion carried -- carried 5 to 0. (Cather, Cole; absent) TRAFFIC STUDY NORTHWEST TRAFFIC CONGESTION STUDY. Agenda Report No. 95-221. The City of Wichita and Sedgwick County entered into a contract with Booker Associates, Inc. of Kansas on August 23, 1994, to study how the City and County can relieve the traffic congestion on the existing arterial crossings over I-235 and the adjacent floodway. To complete the project, it will be necessary for the consultant to perform additional work that was not included in the original contract. The consultant has determined that the increased scope of work will cost an additional $8,070. This will increase the total contract of $83,900 to $91,970. The additional $8,070 will be paid entirely from federal funds (PL funds). Motion -- Broadfoot moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 5 to 0. (Cather, Cole; absent) UWP - 1996 UNIFIED WORK PROGRAM FOR FISCAL YEAR 1996. Agenda Report No. 95-222. MAPC Recommendation: The Metropolitan Area Planning Commission approved the FY-1996 Unified Work Program (UWP) and enabling resolution on March 9, 1995. Staff Recommendation: Approve the attached FY-1996 (July 1, 1995 to June 30, 1996) UWP and adopt the attached resolution authorizing the Director of the Metropolitan Area Planning Department (MAPD) to submit applications, negotiate agreements, and execute contracts in support of the UWP. This approval also includes provisions of matching funds in support of the UWP not to exceed $91,956. The United States Department of Transportation (DOT) stipulates that a UWP must accompany the Planning Department's annual application for federal moneys. After the UWP is approved by various officials and agencies, it will be used as the authorization document for making applications for funds to support our local transportation planning programs. The availability of local funds for other planning projects will be determined later this summer in the City and County budget processes. Application for the federal funds must be submitted by April 1, 1995. A resolution to authorize the Director of the MAPD to make application for federal funds up to a total of $374,130 is also being presented for approval on March 21. Federal funds being requested will provide funding for 6.25 staff positions plus miscellaneous expenses, which will allow the MAPD to continue to evaluate the feasibility of short and long-range transportation options and to develop strategies for implementing elements of the Transportation Plan. This will allow the City of Wichita to continue to receive federal and state construction and operating funds for implementing projects and operating the MTA. The Coordinating Committee for Transportation Planning (Winters, McKay, Steinbrenner, Clements, the Kansas Department of Transportation) reviewed and approved the FY-1996 UWP on February 27, 1995. The Planning Commission approved the UWP on March 11. The Sedgwick County Commission is scheduled to review the document on March 22, 1995. The activities described in the UWP are funded from several sources including the Federal Highway Administration (FHWA) through the Kansas Department of Transportation (KDOT), the Federal Transit Administration (FTA), and the Federal Aviation Administration (FAA). The Planning Department will make available nonfederal matching funds in support of the UWP. The amount of local match (provided as in- kind staff services) required to receive the federal assistance is shown below: Federal Local Funding Agency Funds Match Ratio Total KDOT/FHWA $311,068 $77,767 80/20$388,835 FTA 51,710 12,928 80/2064,638 FAA 11,352 1,261 90/10 12,613 TOTAL $374,130 $91,956 $466,086 Motion -- Broadfoot moved that the UWP be approved; the matching funds (in-kind staff salaries) not to exceed $91,956 be approved; and the Resolution be adopted. -- carried Motion carried 5 to 0. (Cather, Cole; absent) RESOLUTION NO. R-95- 132 A Resolution of the Wichita-Sedgwick County Metropolitan Area Planning Commission, authorizing the request of planning funds, the filing of applications and the execution of contracts and agreements for federal and state grants, and the undertaking of the necessary planning work, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. CONNECTING LINK AGMT. CONNECTING LINK AGREEMENT FOR STATE AND FEDERAL HIGHWAYS. Agenda Report No. 95-223. Sections of federal and state highways within the City limits of Wichita are designated as Connecting Links by the Kansas Secretary of Transportation. These Connecting Links include the Interstate Routes (I-135, I-235 and I-35), Federal Highways (U.S. 54, U.S. 81 and U.S. 400) and State Highways (K- 2142, K-15, K-96 and K-254). Kansas Statutes provide that the Secretary of Transportation shall be responsible for maintenance of all fully access controlled (freeway) connecting links. The statutes also authorize the Secretary to enter into agreements with cities for the maintenance of other connecting links. If the Secretary does not maintain the connecting link, the City shall be reimbursed an amount of $2,000 per lane mile for all connecting link mileage within the City limits. Because of recent completions of K-96 Highway within the City limits of Wichita and the Kellogg Flyover, which now provides a fully access controlled section for U.S. 54 and U.S. 400 from I-235 to I-135, the Kansas Department of Transportation (KDOT) will assume the maintenance responsibility for these two roadways. However, due to the extensive landscaping, irrigation and drainage systems contained in the section of Kellogg from I-235 to I-135, the City will retain the responsibility for mowing and erosion control and the maintenance of the underground drainage system, the irrigation system and plant materials. Total mileage the City is responsible for maintaining will be reduced from 89.4 lane miles to 67.7 lane miles, with a corresponding annual reduction in reimbursement from $178,800 to $135,400. The Connecting Links that the City will continue to maintain include: Kellogg (U.S. 54/U.S. 400) - 119th Street west to I-235 - I-135 to the east city limits Broadway/47th Street South (U.S. 81) - 55th Street, north to 47th, then east to I-135 Southwest Blvd. (K-2/42) - Hoover Road to U.S. 54 Southeast Blvd. (K-15) - KTA to I-135 The City is reimbursed for maintenance expenditures at the rate of $2,000 per lane mile. Total reimbursement to the City will reduce from $178,800 to $135,400 per year. Motion -- Broadfoot moved that the Agreements be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Cole; absent) CONSULTANT CONTRACT LEGAL SERVICES CONTRACT - H.E. JONES. Agenda Report No. 95-224. H. E. Jones handles litigation for the City involving alleged police misconduct type cases brought under the civil rights law and cases that arise under a general tort liability theory; and reviews and analyzes claims filed against the City involving areas of this expertise. The legal fee Mr. Jones will be paid will be $44,630 for 1995, the same amount paid during 1994. Motion -- Broadfoot moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Cather, Cole; absent) PARATRANSIT VANS PURCHASE OF PARATRANSIT VANS. Agenda Report No. 95-225. The Metropolitan Transit Authority received a grant for $500,000 from the Federal Transit Administration ($400,000) and Kansas Department of Transportation ($100,000) to purchase paratransit vans. The City must purchase the vans prior to receiving reimbursement from the State. The Metropolitan Transit Authority has submitted a requisition to purchase (14) fourteen Paratransit Vans funded 80% from the FTA and 20% by KDOT. The State selected Diamond Coach Corporation to supply the paratransit vans for the State through a competitive bid process. City of Wichita Purchasing Ordinance No. 38-122 Section 2.64(J) provides for purchase supplies, services and equipment from contracts and agreements of other governmental entities which have been awarded, subject to public bidding and approved by the proper governmental entities authority. Paratransit van prices are guaranteed until March 31, 1995 from Diamond Coach Corporation for $33,000.00 each for a total of $462,000. The Paratransit Vans will be purchased with grants from the FTA (80%) and KDOT (20%). Motion -- Broadfoot moved that purchase (14) fourteen Paratransit Vans from Diamond Coach -- carried Corporation be authorized. Motion carried 7 to 0. PROPERTY DISPOSITION SALE OF HOUSES LOCATED AT 621 AND 625 MCLEAN BOULEVARD FOR THE INFILL HOUSING PROJECT. (District VI) Agenda Report No. 95-226. The Infill Housing Project, approved by Council on August 30, 1994, will require that 8 of the 22 McLean Boulevard houses be auctioned in "as is" condition for privately financed moves to other lots. Sealed bids on on these properties were opened in January. The high bidder was unable to obtain the financing needed for the purchase. After contacting the other bidders and re-exposing the property to the market, Lee Cropp submitted an offer to purchase the houses. The houses are to be moved within the City limits. Bids on 621 McLean ranged from $25 to $5,800 and bids on 625 ranged from $25 to $4,000. The high bidder did not perform after the process. The next highest bids for 621 and 625 McLean were $3,650 and $2,551 respectively. Mr. Cropp has offered $4,250 each, or $8,500 for both houses. The City will receive $8,500 on the sale of the structures. Motion -- Broadfoot moved that the sale of the structures be approved and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 5 to 0. (Cather, Cole; absent) PROPERTY ACQUISITION DONATION OF INDIAN HILLS FOURTH ADDITION AT 21ST STREET AND MERIDIAN. Agenda Report No. 95-227. Fidelity Financial Corporation has offered to donate approximately 8.1 acres located at Meridian Avenue and 21st Street North (Indian Hill 4th Addition to the City of Wichita, Sedgwick County, Kansas) to the City. The donation is predicated on the site being used for park uses for a period of ten years. The City owns approximately 3.9 acres immediately south of the subject parcel. The City parcel, which lies along the north bank of the Big Arkansas River, was dedicated to the City for park purposes and to stabilize the river bank. The Department of Parks and Recreation has indicated that the resulting assemblage can be developed into soccer fields and other public uses. The property is currently undeveloped. The site was operated as a landfill by the City in the late 1950's. The owners have requested that the City be precluded from taking any legal action against them for this prior use. Because of its prior use, the site suffers from settling and is unsuitable for construction. There are $1,827 of taxes and specials due for 1994 property taxes and specials. In addition, future specials totaling $9,492 are also applicable. There are $1,827 of taxes and specials due for the second half of 1994. In addition, specials totaling $9,492 are outstanding. Funds to payoff these amounts will be provided from the Park Department's CIP budget. This is an unbudgeted expenditure, and as such, 1995 funding for another park project will have to be reduced to account for this acquisition. Total budget is projected to be $11,319 for taxes and specials and $500 for closing costs. Motion -- Broadfoot moved that the donation of property, the covenants and conditions be approved; and the Mayor be authorized to sign the necessary documents. Motion -- carried carried 5 to 0. (Cather, Cole; absent) LAND USE RESOLUTION RESOLUTION PERTAINING TO RECLASSIFICATION OF LAND USE. Agenda Report No. 95-228. On August 30, 1994, the City Council approved a resolution designating a site south of Lawrence-Dumont Stadium for acquisition of land and construction of an ice rink facility. Fifty-five (55) parcels of land were included as part of the project. Staff has now identified the western 33 parcels as necessary to the construction of the ice rink. The remaining 22 eastern parcels are to be designated for other private redevelopment. At this time, it is necessary to separate the portion of the total site to be used for the ice rink from the portion of the total site which will be used for other redevelopment. As the two projects proceed (ice rink on the west and private redevelopment on the east,) separate cost accounting will be accomplished. To effect this fiscal separation, a new resolution has been prepared under which all costs for land acquisition, demolition and other site development costs of the 22 parcels on the east portion of the site will be separately paid and monitored. The ice rink project will remain under the previously adopted resolution. There would be no increase in costs above the amounts authorized by the Council. The cost of acquisition of the 22 parcels is estimated at not-to-exceed $1.25 million plus demolition and other costs bringing the total east site cost to not-to-exceed $1.4 million. Estimated financing would be as follows: A. $650,000 from tax increment financing, B. $680,000 from the long-term lease of the east site for private redevelopment, and C. $70,000 from the issuance of City-at- large general obligation bonds. Motion -- carried Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95- 153 A Resolution determining certain property in the City of Wichita, Kansas, to be slum or blighted and designating such property as an area appropriate for an urban renewal project; approving the acquisition of certain real property generally located in the area bounded by Kellogg on the south; the Arkansas River on the east; Laclede Street on the West; and Maple Street on the north, all in the City of Wichita, Kansas, and declaring it to be the intention of the governing body to issue general obligation bonds of the City of Wichita in an amount not to exceed $1,400,000 for the acquisition of such real property interests, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. LAWSUIT SETTLEMENT SETTLEMENT OF LAWSUIT. Agenda Report No. 95-229. On May 19, 1992, Wanda (Tucker) Burnside was terminated from employment in the Health Department. Ms. Tucker believed the termination was wrongful; subsequently a lawsuit was filed against the City. The liability of the City is disputed. After investigation of the claim and extent of the claimed damages, the risks associated with a trial in the case were considered by all parties. After some discussion, the City has been offered an opportunity to resolve the claim with a lump sum payment of $70,000.00 as full settlement of all claims against the City. Funding for the settlement of $70,000 is from the City's tort claims fund. Motion -- Broadfoot moved that payment of $70,000 as full settlement be authorized. Motion -- carried carried 5 to 0. (Cather, Cole; absent) EMINENT DOMAIN COSTS PAYMENT OF APPRAISERS' AWARD AND FEES FOR PROPERTY ACQUISITION FOR LATERAL 49, MAIN 3, SOUTHWEST INTERCEPTOR - EMINENT DOMAIN (CASE NUMBER 94C3002). Agenda Report No. 95-230. On October 31, 1994, an eminent domain action was filed in the District Court to acquire permanent and temporary easements over property located near 51st Street South and South Seneca in connection with a project to construct a lateral sanitary sewer line to serve properties along the south side of 51st Street between Osage and Gold. The Court appointed three Appraisers and on March 15, 1994, they filed their award. The Appraisers valued the interests that the City sought to acquire at $3,659. In addition to the award, the Court ordered the City to pay each the three Appraisers the total sum of $1125 for fees. Court costs are to be paid by the City in the amount of $66.50. The award of the Appraisers covers one tract of land. This tract is vacant land owned by the Jordan family. Acquisition of this tract is necessary in connection with the City's planned construction of the sanitary sewer lateral line to serve the nearby properties, and in order to acquire the easements the City must pay the amount of the appraisers' award, together with fees and costs, to the Clerk of the District Court within 30 days of the date of the award (on or before April 14, 1995). The cost of these fees, court costs and expenses are to be charged to the project. The amount to be paid to the Clerk of the Court for the award, fees and costs is $4850.50. Motion -- Broadfoot moved that payment to the Clerk of the District Court of the appraisers' award, fees, and related court costs in the total amount of -- carried $4,850.50 be authorized. Motion carried 5 to 0. (Cather, Cole; absent) IRB - HARTER, INC. TRUSTEE REQUEST TO SELL IRB PROPERTY - COMMERCIAL PLAZA BUILDING, SERIES LXVIII, 1977 (HARTER, INC.) Agenda Report No. 95-231. On June 7, 1977, the Wichita City Council approved the issuance of $2,500,000 in Industrial Revenue Bonds, Series LXVIII, 1977 to finance the acquisition and renovation of a building at 401 E. Douglas for use as an office facility by Harter, Inc. (the "Tenant"). In June of 1980, a limited partnership known as Wichita Associates, as sublessee, assumed the Tenant's obligations under the bond documents, and within the course of the next year, Harter, Inc. filed a Chapter 11 bankruptcy. The bond issue subsequently went into default in 1988, following the failure of Wichita Associates to meet the Tenant's obligations under the bond Lease. The Trustee brought litigation to protect the interest of the Bondholders, and in July of 1989, terminated the Lease and sublease through a court approved Journal Entry and took possession of the facility. The facility has been operated for the benefit of the Bondholders since 1989, with recurrent Trustee attempts to arrange an advantageous sale of the property. For some time, the property has been under threat of tax sale due to some $323,000 in property taxes that are past due and unpaid on the property. Some $1,645,000 of the original face amount of the Bonds remains outstanding. Recently, the Trustee received an offer of $421,000 from Les and Courtney Ruthven. After payment of real property taxes, real estate commission (6%, to be paid one-half each by buyer and seller) and closing costs, the Trustee estimates that the Bondholders would net approximately $70,000 ($218.75 per $5,000 Bond)from the sale. When combined with other funds on hand, net proceeds from the sale are expected to help make a total of approximately $240,000 (about $750.00 per $5,000 Bond) available for final distribution to the Bondholders. The Bondholders' other option would be to let the property go to sheriff's sale for taxes. By this means, they might continue to derive rent at approximately $5,000 per month for 4-6 months, prior to the sale of the property for taxes. The chance of realizing an equal or higher sales price through competitive bidding at the sheriff's sale is unknown and unpredictable. Although a higher bid price is a theoretical possibility, it is also possible that the bid-price would be impacted negatively, as the character of the sale will no longer be voluntary. The Trustee has conducted a Bondholder poll by mail ballot, and the holders of approximately 67% (by principal amount) of the Outstanding Bonds have responded. Of the responding Bondholders, the holders of Bonds representing 88% (by principal amount) of the Bonds whose owners responded voted in favor and 12% (by principal amount)were opposed. Overall, those Bondholders voting in favor hold approximately 59% (by principal amount) of the amount of all the Outstanding Bonds, while those opposed to the sale hold approximately 8% (by principal amount) of the amount of the Outstanding Bonds. Based upon the support expressed by the larger number of the responding Bondholders, the Trustee has proceeded with the sale effort, subject to the approval and direction of the Sedgwick County District Court, and a subsequent approval by the City of Wichita. The sale is conditioned upon a closing date on or prior to March 23, 1995, and the Trustee has indicated a desire to close as soon as possible, subject to receipt of the necessary approvals of the District Court and the City Council. The Trustee's Motion for a court Order authorizing and approving the sale was set for hearing at 1:30 p.m. on March 15, 1995, before Judge Paul Buchanan. Both the Trustee and most of the responding holders (by amount) of Outstanding Bonds desire to consummate the sale for the amount of the bid made by Les and Courtney Ruthven. Accordingly, it would further the goals of the holders of the greater amount of the responding Bonds to approve the sale. The Trustee believes that the net proceeds of the proposed sale, when distributed to Bondholders together with other funds from the Project held by the Trustee, will result in a recovery by the Bondholders of approximately $750.00 per $5,000 bond. In light of other options, the Trustee believes that it is in the best interests of the Bondholders to pursue this recovery, rather than the less certain alternatives. Based on these opinions of the Trustee, which is familiar with the condition and operations of the facility, it appears to be in the best financial interests of the Bondholders to approve the sale. Closing costs of the transaction will be covered from the sales proceeds and funds of the buyers (half by each), and hence, it will be without financial cost to the City. The City Attorney's Office has prepared the form of the Special Warranty Deed and Termination of Lease attached to the Resolution. The Trustee is bound by the powers and duties specified in the Bond Ordinance, and is under a fiduciary duty to manage trust property, and conduct any authorized disposition of trust property, in accordance with the best interests of the Bondholders. The sale is conditioned upon, and will not take place without, an Order or Court approving the sale and authorizing and directing the Trustee to sell the property. The City Attorney's Office will monitor the hearing on March 15, 1995, and will secure a file-stamped copy of the Journal Entry of any Order approving the proposed sale prior to the Agenda setting on this item. Upon entry of such a Court Order, the Trustee's proposed disposition of the property will be lawful and appropriate. Motion -- Broadfoot moved that the Resolution be adopted; the necessary documents be -- carried approved and the Mayor be authorized to sign. RESOLUTION NO. R-95- 127 A Resolution approving the request of Southwest National Bank ("Trustee"), to convey certain property, approving the execution and delivery of a special warranty deed, and termination of lease, and approving the execution and delivery of any further documents reasonably necessary to accomplish the sale as requested by the Trustee, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. CONDEMNATIONS RESOLUTIONS PERTAINING TO CONDEMNATION OF DANGEROUS AND UNSAFE STRUCTURES. (Districts I and IV) Agenda Report No. 95-232. On March 6, 1995, the Board of Code Standards (BCSA) held a hearing on the following eleven (11) properties. These properties are considered dangerous and unsafe structures, and are being presented to schedule a condemnation hearing before the Governing Body. Improvement notices have been issued on these structures, however, compliance has not been achieved. Pre- condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove the following properties. (1) 419 E. Lewis (2) 1410 N. Belmont (3) 1036 N. Poplar (4) 1336 N. Washington (5) 427 N. Minnesota (6) 547 N. Ash (7) 548 N. Ash (8) 2521 E. 11th (9) 1754 N. Spruce (10) 1941 S. St. Clair (11) 2342 W. Dora These structures have defects that under Ordinance No. 28-251 of the Code of the City of Wichita, shall cause them to be deemed as dangerous and unsafe buildings, as required by State Statute for condemnation and consideration. Motion -- Broadfoot moved that the Resolutions placing this matter on the Agenda for a hearing before the Governing Body on May 2, 1995, at 11:00 A.M. be adopted. -- carried Motion carried 5 to 0. (Cather, Cole; absent) RESOLUTION NO. R-95- 116 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: the west half of the north 194 feet of Clark's Reserve, N.A. English's Fifth Addition to Wichita, Sedgwick County, Kansas, known as 419 East Lewis in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 117 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lot 8, Block U, in University Park, an Addition to Wichita, Sedgwick County, Kansas, known as 1410 North Belmont in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 118 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 33 and 35, Block 2, Esterbrook Park Addition to Wichita, Sedgwick County, Kansas, known as 1036 North Poplar in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 119 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 26 and 28, Washington Avenue, H.O. Burleigh's Third Addition to Wichita, Sedgwick County, Kansas, known as 1336 North Washington in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 120 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 19 and 20, Ben Bailey's Addition to Wichita, Sedgwick County, Kansas, known as 427 North Minnesota in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 121 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 25 and 27, Ash Street, Stites Brothers Second Addition to Wichita, Sedgwick County, Kansas, known as 547 North Ash in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 122 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 26 and 28, on Ash Street, Stites Brothers Second Addition to Wichita, Sedgwick County, Kansas, known as 548 North Ash, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 123 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: the west 50 feet of Lots 97-99-101 on Green Street, Fairmount Park Addition to Wichita, Sedgwick County, Kansas, known as 2521 East 11th, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 124 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 2 and 4 on Spruce Avenue in Logan Addition to Wichita, Sedgwick County, Kansas, known as 1754 North Spruce, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 125 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 32 and 34, Block O, South University Place Addition to Wichita, Sedgwick County, Kansas, known as 1941 South St. Clair, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 126 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 39, 41, 43, 45, and 47, Block J, South University Place Addition to Wichita, Sedgwick County, Kansas, known as 2342 West Dora, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCES SECOND READING ORDINANCES. (First Reading 3/14/95) Solicitation ORDINANCE NO. 42-637 An Ordinance amending Section 5.68.210 of the code of the City of Wichita, Kansas, pertaining to loitering for the purpose of soliciting, and repealing the original of said section, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. Anti-prostitution ORDINANCE NO. 42-638 An Ordinance creating Section 5.68.215 of the Code of the Code of the City of Wichita, Kansas, establishing an anti-prostitution emphasis area, and providing enhanced penalties for certain acts committed therein, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. Mapping restrictions ORDINANCE NO. 42-639 An Ordinance creating new Section 5.68.218 of the Code of the City of Wichita, Kansas, creating the crime of failure to comply with mapping restrictions imposed as a condition of probation, and the penalty therefore, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. 3221 South Clifton ORDINANCE NO. 42-640 An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of street improvements and to be known as the 31st Street South 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 and easements therein taken and providing for payment of the cost thereof, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. 2414 S. Meridian ORDINANCE NO. 42-641 An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of street improvements and to be known as the Meridian/McCormick Intersection Upgrade 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 and easements therein taken and providing for payment of the cost thereof, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. 921 South Seneca ORDINANCE NO. 42-642 An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of street improvements and to be known as the Seneca/McCormick Intersection Upgrade 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 and easements therein taken and providing for payment of the cost thereof, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. 1002 S. Richmond ORDINANCE NO. 42-643 An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of street improvements and to be known as the Meridian/McCormick Intersection Upgrade 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 and easements therein taken and providing for payment of the cost thereof, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. Reserve A, Builders ORDINANCE NO. 42-644 An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of street improvements and to be known as the Northeast Community Investment 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 and easements therein taken and providing for payment of the cost thereof, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. 2.12.1024 ORDINANCE NO. 42-645 An Ordinance amending Section 2.12.1024 of the Code of the City of Wichita, Kansas, pertaining to historic preservation and repealing the original of said section, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 2 through 7 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Broadfoot moved that Planning Agenda Items 2 through 7 be approved as consensus -- carried Items. Motion carried 5 to 0. (Cather, Cole; absent) V-1896 PUBLIC HEARING V-1896 - REQUEST TO VACATE ACCESS CONTROL TO 21ST STREET NORTH, (Item 1) WEST OF TYLER ROAD. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 95-233. Staff Recommendation: Approve vacation of access control. MAPC Recommendation: Approve vacation of access control. The vacation is to relocate an opening rather than create an additional opening. A dedication of access control will eliminate the opening originally allowed for that lot. Dedication Dedication of Abutter's Access Rights dated December 30, 1994, from Caro Properties, L.L.C. 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 Broadfoot Mayor Broadfoot inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Broadfoot moved that the public hearing be closed, the vacation and dedication be approved as recommended, the Mayor be authorized to sign the documents, and a certified copy of the Vacation Order and the Dedication be recorded with the -- carried Register of Deeds. Motion carried 5 to 0. (Cather, Cole; absent) V-1901 V-1901 REQUEST TO VACATE A BUILDING SETBACK SOUTH OF HARRY ON THE WEST SIDE OF ELLISON AVENUE. Agenda Report No. 95-234. Staff Recommendation: Approve vacation of building setback. MAPC Recommendation: Approve vacation of building setback. The vacation of a portion of the setback to Ellison will provide additional area for planned expansion to the existing residence. Marvin Krout Director of Planning reviewed the Item for the City Council. Motion -- Broadfoot moved that the vacation be approved as recommended. Motion carried -- carried 5 to 0. (Cather, Cole; absent) S/D 94-69 S/D 94-69 PLAT OF THE LARK SECOND ADDITION LOCATED SOUTH OF KELLOGG AND WEST OF LARK LANE. (District V) Agenda Report No. 95-235. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Petitions, all 100%, have been submitted for sanitary sewer, municipal water, and paving. A Certificate of Petitions has also been submitted. To provide for off-street parking, for lots adjacent to narrow streets, a covenant has been submitted requiring that four (4) off- street spaces be provided for each such lot. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Water 100 Percent Petition for Water Distribution System Number 448- 88888 to serve Lark Second Addition (south of Kellogg, east of 119th Street West) $94,500 S.A. (Hold for development) Sewer 100 Percent Petition for Lateral 12, Main 13, Southwest Interceptor, Project Number 468-82443 to serve Lark Second Addition (south of Kellogg, east of 119th Street West) $145,000 S.A. (Hold for development) Paving 100 Percent Petition to pave Esthner, Mars, and Dora, Project Number 472-82550, to serve Lark Second Addition (south of Kellogg, east of 119th Street West) $234,000 S.A. (Hold for development) Certificate Certificate of Petitions dated December 2, 1994, from Kelsey Investments. Covenant Restrictive Covenant dated December 2, 1994, from Kelsey Investments. Motion -- Broadfoot 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 5 to 0. (Cather, Cole; absent) RESOLUTION NO. R-95- 133 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88888 to serve Lark Second Addition (south of Kellogg, east of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 134 Resolution of findings of advisability and Resolution authorizing construction of Lateral 12, Main 13, Southwest Interceptor, Project Number 468-82443 to serve Lark Second Addition (south of Kellogg, east of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 135 Resolution of findings of advisability and Resolution authorizing improving of Esthner, Mars, and Dora, Project Number 472-82550, to serve Lark Second Addition (south of Kellogg, east of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. SD 94-78 S/D 94-78 PLAT OF THE PRAIRIE WOODS ADDITION LOCATED AT THE NORTHEAST CORNER ON MAIZE ROAD AND PAWNEE. (District V) Agenda Report No. 95-236. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Petitions, all 100%, have been submitted for sanitary sewer, municipal water, storm sewer, and paving improvements. A Certificate of Petitions has also been submitted. 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, the covenant also requires that four (4) off-street parking spaces be provided for each such lot. In order to serve this site an off-site utility easement and an off-site drainage easement have been provided. A zone change (Z-3152) from "LC" to "A" and "AA" and from "AA" to "A" zoning has been approved for this site subject to platting. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Water 100 Percent Petition for Water Distribution System Number 448- 88900, Phase I, to serve Prairie Woods Addition (north of Pawnee, east of Maize) $88,000 S.A. (Hold for development) Water 100 Percent Petition for Water Distribution System Number 448- 88901, Phase II, to serve Prairie Woods Addition (north of Pawnee, east of Maize) $64,000 S.A. (Hold for development) Water 100 Percent Petition for Water Distribution System Number 448- 88902, Phase III, to serve Prairie Woods Addition (north of Pawnee, east of Maize) $40,000 S.A. (Hold for development) Water 100 Percent Petition for Water Distribution System Number 448- 88903, Phase IV, to serve Prairie Woods Addition (north of Pawnee, east of Maize) $30,000 S.A. (Hold for development) Water 100 Percent Petition for Water Line in Maize Road, Project No. 448-88905, to serve Prairie Woods Addition (north of Pawnee, east of Maize) $65,000 S.A./ $32,000 Water Utility Improvement Reserves (Hold for development) Water 100 Percent Petition for Water Distribution system, Project Number 448-88907, to serve Prairie Woods Addition (north of Pawnee, east of Maize) $27,500 S.A./ $185,000 Water Utility Improvement Reserves (Hold for development) Sewer 100 Percent Petition for Lateral 345, Southwest Interceptor Sewer, Phase I, Project Number 468-82462, to serve Prairie Woods Addition (north of Pawnee, east of Maize) $212,000 S.A. (Hold for development) Sewer 100 Percent Petition for Lateral 346, Southwest Interceptor Sewer, Phase II, Project Number 468-82463, to serve Prairie Woods Addition (north of Pawnee, east of Maize) $128,000 S.A. (Hold for development) Sewer 100 Percent Petition for Lateral 347, Southwest Interceptor Sewer, Phase III, Project Number 468-82464, to serve Prairie Woods Addition (north of Pawnee, east of Maize) $76,000 S.A. (Hold for development) Storm Sewer 100 Percent Petition for Storm Water Sewer, Phase I, Project Number 468-82467, to serve Prairie Woods Addition (north of Pawnee, east of Maize) $157,000 S.A. (Hold for development) Storm Sewer 100 Percent Petition for Storm Water Sewer, Phase II, Project Number 468-82468, to serve Prairie Woods Addition (north of Pawnee, east of Maize) $50,000 S.A. (Hold for development) Paving 100 Percent Petition to pave Haskell, Prairie Woods, and Prairie Woods Court, and sidewalk, Phase I, Project Number 472-82563, to serve Prairie Woods Addition (north of Pawnee, east of Maize) $278,000 S.A. (Hold for development) Paving 100 Percent Petition to pave Crestline, Phase II, Project Number 472-82564 to serve Prairie Woods Addition (north of Pawnee, east of Maize) $132,000 S.A. (Hold for development) Paving 100 Percent Petition to pave Haskell, Phase III, Project Number 472-82565 to serve Prairie Woods Addition (north of Pawnee, east of Maize) $162,000 S.A. (Hold for development) Paving 100 Percent Petition to pave Haskell and Haskell Courts, Phase IV, Project Number 472-82566 to serve Prairie Woods Addition (north of Pawnee, east of Maize) $124,000 S.A. (Hold for development) Paving 100 Percent Petition to pave Stafford Court and Stafford Circle, Phase V, Project Number 472-82567 to serve Prairie Woods Addition (north of Pawnee, east of Maize) $100,000 S.A. (Hold for development) Paving 100 Percent Petition to pave Pawnee, Project Number 472-82568 to serve Prairie Woods Addition (north of Pawnee, east of Maize) $43,000 S.A. (Hold for development) Certificate Certificate dated February 16, 1995, from Builders' Inc. Easement Drainage Easement dated February 13, 1995, from Sedgwick County Board of Park Commission. Easement Utility Easement dated February 13, 1995, from Sedgwick County Board of Park Commission. Covenants Restrictive Covenant dated February 16, 1995, from Builders' Inc. Motion -- Broadfoot 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; and the associated zone change Z-3152 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has been -- carried recorded with the Register of Deeds. Motion carried 5 to 0. (Cather, Cole; absent) RESOLUTION NO. R-95- 136 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88900, Phase I, to serve Prairie Woods Addition (north of Pawnee, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 137 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88901, Phase II, to serve Prairie Woods Addition (north of Pawnee, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 138 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88902, Phase III, to serve Prairie Woods Addition (north of Pawnee, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 139 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88903, Phase IV, to serve Prairie Woods Addition (north of Pawnee, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 140 Resolution of findings of advisability and Resolution authorizing construction of Water Line in Maize Road, Project No. 448-88905, to serve Prairie Woods Addition (north of Pawnee, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 141 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution system, Project Number 448-88907, to serve Prairie Woods Addition (north of Pawnee, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 142 Resolution of findings of advisability and Resolution authorizing construction of Lateral 346, Southwest Interceptor Sewer, Phase II, Project Number 468-82463, to serve Prairie Woods Addition (north of Pawnee, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 143 Resolution of findings of advisability and Resolution authorizing construction of Lateral 347, Southwest Interceptor Sewer, Phase III, Project Number 468-82464, to serve Prairie Woods Addition (north of Pawnee, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 144 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer, Phase I, Project Number 468-82467, to serve Prairie Woods Addition (north of Pawnee, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 145 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer, Phase II, Project Number 468-82468, to serve Prairie Woods Addition (north of Pawnee, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 146 Resolution of findings of advisability and Resolution authorizing 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' wide sidewalk in Reserve B from the east line of Prairie Woods to the east line of Prairie Woods Addition, Project Number 472-82563, to serve Prairie Woods Addition (north of Pawnee, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 147 Resolution of findings of advisability and Resolution authorizing improving of Crestline from the north line of Pawnee to the south line of Prairie Woods including the eyebrow serving Lots 55 through 58, Block 1, and the eyebrow serving Lots 15 through 19 inclusive, Block 3; and a sidewalk along the east side of Crestline from the north line of Maize Road to the south line of Prairie Woods, Project Number 472- 82564 to serve Prairie Woods Addition (north of Pawnee, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 148 Resolution of findings of advisability and Resolution authorizing improving of Haskell from the south line of Lot 7, Block 1, to the east line of Lot 22, Block 1, and sidewalk on the south side of Haskell; and Haskell Court serving Lots 1 through 22 inclusive, Block 1, from the north line of Haskell to and including the cul-de-sac, Project Number 472- 82565 to serve Prairie Woods Addition (north of Pawnee, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 149 Resolution of findings of advisability and Resolution authorizing construction of Lateral 345, Southwest Interceptor Sewer, Phase I, Project Number 468-82462, to serve Prairie Woods Addition (north of Pawnee, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 150 Resolution of findings of advisability and Resolution authorizing improving of Haskell from the east line of Lot 22, Block 1, to the north line of Lot 37, Block 1, and sidewalk on the south side of Haskell; and Haskell Courts serving Lots 23 through 28 inclusive, Block 1, and Lots 29 through 35 inclusive, Block 1, from the north line of Haskell to and including the cul-de-sac, Project Number 472-82566 to serve Prairie Woods Addition (north of Pawnee, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 151 Resolution of findings of advisability and Resolution authorizing improving of Stafford Court serving Lots 1 through 5 inclusive, Block 3, from the north line of Stafford Circle to and including the cul-de-sac; and Stafford Circle serving Lots 6 through 13 inclusive, Block 3, from the east line of Maize Road to and including the cul-de-sac, Project Number 472-82567 to serve Prairie Woods Addition (north of Pawnee, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 152 Resolution of findings of advisability and Resolution authorizing improving of Pawnee from the east line of Maize Road to the east line of Crestline, Project Number 472- 82568 to serve Prairie Woods Addition (north of Pawnee, east of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. 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-3152 Z-3158/DP-215 Z-3158 - ZONE CHANGE REQUEST FROM THE "BB" OFFICE DISTRICT AND THE "C" COMMERCIAL DISTRICTS TO THE "LC" LIGHT COMMERCIAL DISTRICT; AND DP-215 AMENDMENT #1 - REQUEST FOR AMENDMENT TO C.C.R. COMMERCIAL COMMUNITY UNIT PLAN, LOCATED 1/2 MILE NORTH OF 13TH STREET NORTH ON THE WEST SIDE OF ROCK ROAD. Agenda Report No. 95-237. Staff Recommendation: Approve. MAPC Recommendation: Approve, subject to conditions. CPO Recommendation: CPO Council "2" voted 6- 0 to recommend approval of the request, subject to MAPD staff recommended conditions. On October 4, 1994, the Wichita City Council approved the C.C.R. Commercial Community Unit Plan (DP-215) and a zone change request (Z-3146) from 'BB' Office District to 'LC' Light Commercial and 'C' Commercial for an 11.7 acre site, generally located ½ mile north of 13th Street North on the west side of Rock Road. On February 23, 1995, the MAPC considered a request for a zone change from the "BB" Office and "C" Commercial Districts to the "LC" Light Commercial District, and amendment to C.C.R. Commercial Community Unit Plan. The site is bordered on the north by the St. Louis & San Francisco Railroad, an existing residential subdivision, and an office development. The site is also bordered by Coleman Middle School on the west, Security Self-Storage to the south, and agricultural property on the east side of Rock Road. The plat for the property (C.C.R. 2nd Addition) received approval by the City Council in 1994 and was recorded with the Register of Deeds on December 26, 1994. The existing C.U.P. permits retail furniture and/or appliance stores and associated warehouses in Parcel 1 along Rock Road, which is zoned 'LC'. Construction is currently under way in Parcel 1 for Haverty's Furniture Showroom. A smaller parcel (Parcel 2) along Rock Road, also zoned 'LC', permits a number or retail uses. The remaining western portion of the site (Parcel 3) currently permits either residential or nonresidential uses and is zoned 'C' Commercial. Since the C.U.P. was approved and the property was platted, the applicant has identified a 25,000 square foot book store as a potential user for Parcel 2, which is currently restricted to 12,600 square feet of maximum gross floor area. In order to accommodate the proposed book store, the applicant requests an amendment to the C.C.R. Commercial Community Unit Plan to expand Parcel 2 to include a portion of Parcel 1 and to add a 0.3 acre portion of the Security Self- Storage property located to the south (currently zoned 'BB'). Parcel 1 (zoned 'LC') would also be extended an additional 242 feet to the west into Parcel 3 (zoned 'C') to accommodate necessary parking for Haverty's Showroom. Thus resulting in the requested zone change 'C' to 'LC'. As part of the amended C.U.P., all residential uses would be removed from Parcel 3 and the net area, maximum building coverage, and maximum gross floor area would be adjusted for all three parcels based on the revised parcel sizes. The amount of maximum gross floor area (MGFA) for the furniture store in Parcel 1 would remain the same (lower traffic generator), while 19,907 square feet of MGFA would be transferred from Parcel 3 to Parcel 2. Overall, the MGFA for the entire C.U.P. would increase by 2,493 square feet with the additional property being added to the development. All other general provisions of the C.U.P. would remain the same, including requirements for architectural and lighting controls, access controls, and a plan for a pedestrian walk system. Traffic along this stretch of Rock Road between 13th and 21st Streets North currently ranges from 27,000 average daily trips (ADT) to 29,500 ADT, and is projected to increase to approximately 32,000 ADT by 2020. Therefore, in order to address traffic concerns due to increasing the maximum gross floor area in Parcel 2, the applicant proposes to remove financial institutions and restaurants as permitted uses on this site (generally high traffic generators). According to MAPD's Transportation Division, fast food restaurants typically generate 777 trips / 1,000 sq. ft. and banks generate 291 trips / 1,000 sq. ft. versus 41 trips / 1,000 sq. ft. for specialty retail uses and 95 trips / 1,000 sq. ft. for shopping center uses. Therefore, even with the additional 0.3 acres being added to the C.U.P. and converted from residential storage uses ('BB' Office District) to retail uses ('LC' Light Commercial), transportation planners indicate that traffic could be lower than what could be generated by the uses currently permitted on the site. Motion -- Broadfoot moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 5 to 0. (Cather, Cole; absent) DR 95-3 DR 95-3 - REQUEST FOR SPECIAL USE PERMIT TO ALLOW A FRONT-ENDED CORRECTIONAL PLACEMENT RESIDENCE, LOCATED AT THE SOUTHWEST CORNER OF BROADWAY AND KELLOGG. (District VI) Agenda Report No. 95-238. Staff Recommendation: Approve, subject to conditions. MAPC Recommendation: Approve, subject to conditions. CPO Recommendation: CPO Council "6" recommended approval subject to MAPD staff comments by a vote of 7-1. On February 23, 1995, the MAPC considered a Special Use Permit for a front-ended correctional placement residence for the Wichita Intervention Program (WIP) for DUI offenders, to be located in the Family Inns motel at the southwest corner of Kellogg and Broadway. A front- ended correctional placement residence is defined by the City Zoning Code as "a facility that provides residential and rehabilitation services to offenders who have been placed in such facilities prior to or instead of being sent to a prison or as part of a local sentence of not more than one year. This would include persons receiving deferred or suspended sentences who are placed by the courts in these facilities." The WIP was established by the Municipal Court in 1984 as a response to heavy enforcement of DUI offenders. Currently, the law requires all first-time offenders to serve 48 hours of confinement or enter a diversion program. The facility in the Family Inns motel is used as an alternative to placing offenders in the County jail which is already at capacity. The offenders attend classes and receive counseling during their required confinement. The WIP operation facility is located on the south wing of the fourth floor of the Family Inns motel. This wing is used exclusively for WIP participants, and no guests are permitted in this area. All WIP participants are restricted to this wing, except for classes and meals, and a security guard is posted in a small lounge to monitor traffic. The maximum number of participants at any one time would be 30 persons, all of which are first-time DUI offenders. No other offenders are allowed. The maximum time that the participants would be housed in the facility would be 48 hours. Motion -- Broadfoot 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 -- carried conditions, and the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) RESOLUTION NO. R-95- 154 A Resolution authorizing a Special Use Permit to allow a front-ended correctional placement residence, located at the southwest corner of Broadway and Kellogg, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. Z-3157 Z-3157 - ZONE CHANGE REQUEST FROM THE "LC" LIGHT COMMERCIAL AND "A" TWO-FAMILY DWELLING DISTRICTS TO THE "BB" OFFICE DISTRICT, LOCATED AT THE SOUTHWEST CORNER OF 21ST STREET NORTH AND MADISON. (District I) Agenda Report No. 95-239. Staff Recommendation: Approve. MAPC Recommendation: Approve. CPO Recommendation: CPO Council "1" voted 7- 0 to recommend approval of the request, but indicated that Madison Street should remain open and not vacated as proposed. On February 23, 1995, the MAPC considered a zone change from the 'A' Two Family Dwelling District and the 'LC' Light Commercial District to the 'BB' Office District for 2.06 acres located at the southwest corner of 21st Street North and Madison. An elderly housing complex, with an associated activities center to serve both the residents of the housing center and the general public, is proposed for this site. Approximately 76 dwelling units are planned for the housing center. The activities center would include facilities such as dining facilities for the residents, arts/crafts, billiards, TV lounge, exercise / music area, library, and a gift shop. The subject property is currently developed with a liquor store and restaurant along 21st Street North and several single family homes along Stadium Drive. The subject property is bordered by the Cessna Training Center and the Piatt Manor multiple family complex to the west and southwest, Heartspring (institutional use for children with special needs) to the north, single family homes to the south, and a convenience store to the east. The proposed housing center and activities center is part of a larger redevelopment project planned on the south side of 21st Street North between this site and Grove. The redevelopment project would include a Union National Bank branch facility at the southwest corner of 21st / Grove and a commercial center between the branch bank and the housing center. The plans call for Madison Avenue to be closed north of Stadium to accommodate parking for the housing center. Madison Avenue would be vacated as part of a replat for the subject property after receiving approval of this zoning request. A preliminary plat has already been filed for the area west of Madison Avenue so that the bank facility can begin construction as soon as possible. Council Member Ferris left the Bench. Council Member Rogers Council Member Rogers asked that the residents having a concern about the closing of Madison have ample opportunity to discuss that issue. Marvin Krout Director of Planning said this Item does not make the decision regarding closing Madison. Motion -- Rogers 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 4 to 0. (Cather, Cole, 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-3157 ADJOURNMENT The City Council meeting adjourned at 2:33 P.M. Pat Burnett Deputy City Clerk POLICE FACILITY SOUTH PATROL FACILITY GRAND OPENING. The City Council participated in the dedication of the new police facility located at 211 East Pawnee. RESOLUTION NO. R-95- 131 Resolution of findings of advisability and Resolution authorizing improving of Tee Time from the SL of Lot 5, Block 3, Reflection Ridge Seventh Addition and the SL of Lot 39, Block 1, Reflection Ridge Eighth Addition to the SL of 29th Street North; Meadow Park Circle from theWL 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 Eighth Addition; Tee Time Court serving Lots 1 through 4, Block 1, Reflection Ridge Eighth Addition; Tee Time Court serving Lots 35 tyhrough 39, Block 1, Reflection Ridge Eighth Addition; and sidewalk on both sides of Tee Time Project No. 472-82562 (south of 29th, west of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 5 to 0. (Cather, Cole; absent) Yeas: Ferris, Kamen, Reeser, Rogers, Broadfoot. JOURNAL 158 MARCH 21, 1995 Page