MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, May 21, 1996 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Rogers; present. Council Members Ferris, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Tim Adams, University Baptist Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of May 14, 1996 were -- approved approved 5 to 0. (Ferris, Kamen; absent) AWARDS AND PRESENTATIONS SERVICE CITATIONS Mayor Knight presented Distinguished Service Citations to those present. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. AWARD The American Public Works Association Awards were presented. NEW BUSINESS IRB - WEYERHAEUSER PUBLIC HEARING AND ISSUANCE OF SOLID WASTE DISPOSAL REVENUE BONDS - WEYERHAEUSER COMPANY. (District IV) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 96-359 A. On November 9, 1993, the City Council approved a Letter of Intent for Kansas Fiber Recovery, a wholly owned company of the Weyerhaeuser Company, in the amount of not-to- exceed $6.0 million for the purpose of acquiring a site, and constructing and equipping a new recycling facility to be located in the Metrowest Industrial Park in southwest Wichita. Weyerhaeuser was granted a 100% abatement of ad valorem property taxes for a 5-year period. On April 30, 1996, the Council approved a request from Weyerhaeuser to allow the issuance of the industrial revenue bonds for their new recycling plant without the real or personal property thus financed being pledged as collateral security for the bonds. The request was approved with the proviso that the bonds could only be sold in minimum denominations of $100,000 which ensures that bondholders will be knowledgeable investors. Weyerhaeuser's recycling facilities process a variety of recyclable materials for shipment to both foreign and domestic mills. Weyerhaeuser processes over 1.9 million pounds of recyclable materials per month consisting of glass, tin, cardboard, office paper, phone books, plastic, aluminum and newspaper through its existing facility. Due to an increase in material flow through its existing plant, Weyerhaeuser is experiencing bottlenecks that interfere with serving customers and the public. Weyerhaeuser expects to increase business by 10% to 20% in the first 18 months after completion of the facility. The approximate 190 tons of material that is recycled by Weyerhaeuser is 150 tons less than that disposed of in the City's landfill. Weyerhaeuser has completed the construction of a 100,000 s.f. concrete and metal regional recycling facility on a 16.5 acre site in the Metrowest Industrial Park in southwest Wichita. The facility is served by rail with a 240 ft. long enclosed rail dock to ship its recycled materials. Loading and unloading and processing of the recycling material is be accomplished inside the facility keeping the blowing of the recyclable material to a minimum. The facility has been designed for the most efficient, clean, modern recycling operation in the region with future Weyerhaeuser facilities being modeled after it. The proceeds from the sale of the Bonds will be used to finance the costs to acquire the site, construct the new facility, and purchase of sorting conveyers, new crushing and compacting equipment to compact the recycling material into bales for shipment to the customer. When the project is completed, Weyerhaeuser expects to hire an additional 6 employees. The bonds will be purchased by First Commerce Capital, a division of Morgan, Keegan & Company, Inc. The firm of Hinkle, Eberhart & Elkouri, L.L.C. will serve as bond counsel in the transaction. The project costs to be financed by bond proceeds are as follows: USES OF BOND PROCEEDS Land Acquisition $ 142,000 Building Construction 2,810,479 Machinery & Equipment 1,901,477 Rail Spur 58,750 Cost of Issuance 37,294 Total: $4,950,000 Weyerhaeuser has a current approved EEO/AA Plan on file with the City's Human Resources Department. The cost/benefit analysis based on the fiscal and economic impact model by the University of Kansas Institute for Public Policy and Business Research for this specific type of use provided a ratio of 3.6 to 1 for the project. Weyerhaeuser agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. Weyerhaeuser was granted a 100% tax abatement of ad valorem property taxes on the project for a 5-year period. Estimated first year taxes abated on the proposed project are $133,090, of which $36,480 is the City's portion, $32,674 the County's portion, $62,193 USD 259's portion and $1,743 the State's portion based on the 1995 mill levy of 114.712 mills. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Public Hearing be closed; the Bond Ordinance which will approve the Bond Documents including the: Trust Indenture; Lease; Bond Purchase Agreement; and Administrative Service Fee Agreement and authorize the Vice Mayor to execute the same be placed on first reading; and that June 4, 1996, be set as -- carried the date for the second reading of the ordinance. Motion carried 5 to 0. (Ferris, Kamen; absent) ORDINANCE An Ordinance authorizing the City of Wichita, Kansas, to issue its Industrial Revenue Bonds, Series V, 1996 (Weyerhaeuser Company) in the aggregate principal amount of $4,950,000 for the purpose of acquiring, constructing, and equipping a solid waste disposal facility; prescribing the form and authorizing execution of a trust indenture between the City and NBD Bank in the City of Detroit, Michigan, as trustee; prescribing the form and authorizing execution of a lease agreement of the project between said City and Weyerhaeuser Company; prescribing the form of a guaranty agreement between Weyerhaeuser Company, as guarantor, and NBD Bank, Detroit, Michigan, as trustee; and prescribing the form and authorizing the execution of a bond purchase agreement between the City, Weyerhaeuser Company, and First Commerce Capital, Montgomery, Alabama, as purchaser of the Bonds, introduced and under the rules laid over. IRB Policy on Pledge of Facilities; Exception Motion -- Cather moved that the City's policy generally requiring a pledge of the project facilities in all cases, except for those very narrow circumstances where the Council may determine that an exception to such a policy is warranted be recognized and reaffirmed; and, those circumstances should be limited to financings in which: 1) the Bonds to be issued will be assigned a Standard and Poors rating of "A" or higher (or an equivalent rating from another nationally recognized rating agency); and, 2) the Bonds will initially be sold as variable rate securities, issued in increments no smaller than $100,000, which may be tendered by the holder(s) for mandatory repurchase at least as frequently as every seven days, and will be marketed and remarketed exclusively to institutional money market funds, or to purchasers that are qualified institutional purchasers or accredited investors (respectively), under SEC Rules 144(A) or 501(a)(1), (2), (3) and (7), promulgated under the Securities Act of 1933. -- carried Motion carried 5 to 0. (Ferris, Kamen; absent) NUISANCE ACTIVITY RESOLUTION ADOPTING A POLICY REGARDING NUISANCE ACTIVITY WITHIN THE CITY. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-413. Because of special public safety needs of night clubs and other businesses selling liquor, the Safety/Security Task Force was created by the City Council to work with the City Manager's Office, Law Department and Police Department to examine various security issues impacting such establishments, to investigate problems occurring around these establishments, and provide recommendations to resolve the problems. The Task Force reviewed Section 3.28.080 of the City Code to address problems at local night clubs which were also licensed as dance halls. This section of the Code authorizes the chief of police or fire chief to make a determination that a licensed dance hall requires special supervision by their respective departments, and as a result of such determination, the holder of the license for the dance hall is required to pay an additional sum of money to defray the cost of such special supervision. An ordinance was proposed which would have expanded the use of the special supervision fee to all establishments which are licensed to sell cereal malt beverage or alcoholic liquor. However, legal and practical concerns were identified which eliminated this approach. The Task Force developed alternative recommendations which have been assembled into the proposed resolution. The resolution advocates that a policy be adopted by the City Council which combines the efforts of city-wide community policing with the establishment of internal procedures by which state statutes regarding nuisances may be more effectively applied to problem establishments, along with continuing efforts by the City to seek amendment of state statutes by the Kansas legislature to include continuing acts of violence occurring at or upon real property as a criminal nuisance. The resolution offers several ways in which public safety needs of night clubs and establishments selling alcohol may be addressed. First, the implementation of city- wide community policing will result in individual community policing officers being able to more effectively address the unique problems resulting from night clubs and alcohol establishments within each officer's area of response. Further, the community policing process is an excellent vehicle by which to facilitate more varied and innovative ways in which to confront and resolve nuisance problems in a more pro-active manner. Second, existing state statutes could be used to address public nuisances within the City. K.S.A. 12-1617e authorizes the governing body to remove or abate any and all nuisances from any lot or parcel of ground within the city. The statute provides the abatement procedure may be set in motion through the following procedure: _ The governing body or its designee, makes a determination by resolution that a nuisance exists. _ The resolution shall state where the nuisance is located and that it is a menace and dangerous to the health of the city's inhabitants or of any neighborhood, family or resident of the city. _ Notice is issued to the owner or agent of the owner of the subject premises, directing that the owner remove or abate from the premises the things described in the resolution as a nuisance. _ The notice sets a particular time, not to exceed 10 days, in which the nuisance is to be abated, and sets forth provisions for hearings and appeals of the determination. _ If the owner fails to comply and abate the nuisance within the time provided in the notice, then the city is authorized to proceed to have the nuisance removed and abated from the property. _ The city then gives notice to the owner or agent by restricted mail of the cost of such abatement or removal incurred by the city, which costs can be collected as a civil judgment in district court, or by assessing the costs against the property upon which the nuisance was located and certifying the same to the county clerk. Several different activities have been declared by the Kansas courts to be nuisances. Criminal activity and incidents of violence occurring at a location are a danger to the health of the surrounding neighborhood. Therefore, by using this statute, criminal or violent activity could be pursued as a nuisance which may be abated by placing police officers at the subject property to prevent violent or illegal acts by patrons of the business, or until the offending behavior ceases. The cost to the City of providing extra police officers to "abate" the nuisance would become the cost assessed to the owner of the property, and taxed against the property or collected in a civil action in the event of non-payment. Other statutes exist which provide general powers to the City to address any and all nuisances. To utilize these statutes as an effective tool to address local nuisance establishments, an internal procedure should be developed by which potential nuisance property throughout the City is identified and information regarding the location presented to the City Council for determination as to whether a nuisance exists. The resolution calls for such a procedure to be established by City staff. The third prong of the proposed resolution calls for the City to continue with Kansas legislature for additional assistance in addressing nuisances by amending the criminal nuisance statute, K.S.A. 22-3901, to include continuing acts of violence as a basis upon which a criminal nuisance action can be maintained in district court. With such an amendment, the City could proceed to have problem locations declared a criminal nuisance, which could ultimately result in the court ordering the property padlocked, or ordering the owner to post a peace bond in order to continue operating the business. Nuisance enforcement procedures will require staff time. Nuisance abatement will be reimbursed by establishments. Motion -- carried Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) RESOLUTION NO. R-96-193 A Resolution adopting a policy regarding nuisance activity that impacts the health, safety, and welfare of the residents of Wichita, Kansas, and provides for the effective identification and abatement thereof, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. SOLID WASTE MANAGEMENT PUBLIC COMMENT ON SOLID WASTE MANAGEMENT. Mayor Knight Mayor Knight said that in several of the "Town Hall" meetings that have been held on Solid Waste Management, public values have been expressed which have reflected a very strong constituency and expectation that Wichita should promote recycling, waste reduction, and being better stewards of the environment on a whole range of issues. There is also a very strong value that there should be great concern about what is being passed on to the next generation. There are economic values being expressed at every meeting. Citizens would certainly hope that what is concluded would not create a rate shock for any group of citizens in the community. The value of cooperation is also coming through very clearly. Citizens expect a cooperative mode with other elected officials in the county and region in trying to bring about a strategy that reflects a cooperative spirit and a spirit of working together. The City's job is to listen as clearly and carefully as possible to the represented citizens, to try to anticipate consequences of actions, and to confront the realities of what is being dealt with. It is hoped that in the near future there will be a series of options before the Council for consideration. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. There were no public comments. PARKING - CORE AREA ORDINANCE AMENDMENT - PARKING IN THE CENTRAL CORE AREA. Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-444. In June of 1993, the City Council adopted the recommendations of a Task Force that had been assembled to address various parking concerns both city-wide and in the Downtown Core Area. The Council further directed that the recommendations of the task force be implemented, and as a result, on September 1, 1993, all parking meters in the Downtown Core Area had been removed and replaced with signs that designated these spaces to be two-hour parking zones. By changing the parking scheme in the Core Area, it was the intent of the Council to provide free two-hour parking on the street for persons coming downtown to conduct business or patronize the merchants located there. This change was also meant to address the problem created by downtown employees who were parking on the street in the formerly metered spaces for several hours each day. These employees would avoid citations by continually feeding the meters, which would make parking unavailable to citizens. In conjunction with this change in parking strategy, the Council also passed an ordinance increasing parking fines to discourage similar abuse of the free two-hour on-street parking. The two hour zones are currently enforced only between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, excluding legal holidays. The parking change has worked well in most respects, however there are still problems with employees parking in the two-hour free spaces. The proposed ordinance amendment provides an option to deal with this problem by authorizing one-hour on-street parking spaces as well as two- hour spaces. It is anticipated that the shorter duration of allowable parking time, along with stepped up enforcement of the time limits by police will correct the problem. The proposed ordinance amendment should enhance the original intent of the Council in changing the parking strategy in the Downtown Core Area, as free parking will still be provided for citizens coming downtown, but also, more spaces should be available as employees find other places to park during business hours. To enforce the one-hour on-street spaces provided for in the proposed ordinance amendment, new signs must be erected designating the time limit to be one hour, in place of the existing signs which designate all spaces in the Core Area to be two-hour spaces. To avoid a citation for overtime parking, citizens utilizing these on-street spaces will be responsible for noting the time limit of the particular space in which they park their vehicle. Changing the parking signs to designate a space as having a one-hour time limit instead of a two-hour time limit will cost approximately $75.00 per sign for both materials and labor. Chris Cherches City Manager said it will be Staff procedure that before the two hour parking would be changed, there would be a majority of property areas in the block(s) that would request the reduction in parking. Then, the one-hour parking signs would be installed and enforced. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Sophokles Anthimides Sophokles Anthimides said there are many problems with people parking all day leaving no parking for the short-term customer. Meters installed would be more appropriate in the area. Definitely, one-hour parking will be very helpful. Chris Cherches City Manager, responding to a question, said the process would be that if a request is received, the City will ask that the property owners in the area sign off on the request. Motion -- carried Cole moved that the Ordinance be placed on first reading. Motion carried 5 to 0. (Ferris, Kamen; absent) ORDINANCE An Ordinance amending Section 11.52.055 of the Code of the City of Wichita, Kansas, pertaining to parking in the central core area of the City, and repealing the original of said Section, introduced and under the rules laid over. Council Member Cole momentarily absent. POLLUTION - NIC NORTH INDUSTRIAL CORRIDOR. Joe Lang Joe Lang, First Assistant City Attorney, reviewed the Item. Mayor Knight momentarily absent with Vice Mayor Cather in the Chair. (a) Participation Agreement. Agenda Report No. 95-895 A. On October 31, 1995, the City approved a Settlement Agreement between the City and the Kansas Department of Health and Environment (KDHE) under which the City agreed to complete the RI/FS and conduct the clean-up of the NIC groundwater contamination site. The Settlement Agreement contains a number of conditions subsequent, the failure of which would allow the City to cancel the Settlement Agreement. The following events have been accomplished: + The City established a TIF District to guarantee funding for the project. + EPA removed the 29th & Mead site from the National Priority List in a Notice of Deletion published April 29, 1996. + KDHE approved a portion of the Remedial Investigation (RI) prepared by the WNID PRP Group. The City will be able to use this completed work. One of these conditions is a Participant Agreement to be negotiated "with a sufficient number of private parties to financially participate in the activities required" under the Settlement Agreement. The City has been negotiating with a number of businesses and property owners located in the Site since November. The proposed Participation Agreement is the result of those negotiations with approximately 25 private parties. The NIC Participation Agreement, if approved by the City Council, will be submitted to the approximately 25 private participants who have given Letters of Intent of their willingness to enter into this Agreement. This Agreement provides a funding mechanism for the RI/FS on a "no-fault" basis as well as a procedure for the parties to fund their "fair share" of the RD/RA (clean up) costs. It also contains provisions on sharing of information, access, and identification of additional parties. The private Participants agree to fund the completion of the RI/FS, up to $390,000. If the RI/FS costs exceed that amount, the City will seek contribution from other non-parties or use TIF funds. Upon completion of the RI/FS and identification of responsible parties, the City will refund the cash contributions of those participants who are found not to be responsible (from available funds). A number of the Participants (and the WNID Group) are also contributing the results of their own investigations or remediation projects. Each party is responsible for costs associated with remediation of contamination caused by that party, whether on or off site. The City, with KDHE and EPA help, will also seek contribution from non-participants found to be responsible. The City (through TIF funding) will be responsible for "orphan" shares and the shares of non-responsive parties. After the RI/FS and PRP identification, the parties will enter into an Allocation process that starts with informal negotiation for the parties' fair share. If that process is unsuccessful, the information will be turned over to a Neutral Allocator to make non-binding determination of responsibility (participants that use this process are responsible for expenses). Parties may also settle with City through Certificate of Release process. In the Allocation process, the responsible parties will be given credit for their cash contributions and for any costs incurred in work performed under separate agreement with KDHE or EPA or other work that is of value to the project. Allocation costs to be allocated to responsible parties include: + RI/FS costs (up to $625,000) not funded by the responsible parties. + PRP identification costs. + All expenses of the RD/RA including response costs, consultants, testing, subcontractors, and expenses of City employees in project. It does not include City management salary expenses or attorney costs. In the Agreement, there is an expression of intent of all parties to resolve fair share liability. Any private Participant retains the right to withdraw after the allocation process, however. If a Participant refuses to accept the neutral allocation, the City has the right to take legal action and will be in a position to seek to have that party share in costs beyond that covered by the "fair share." Participants will have an advisory committee and will have the opportunity to participate in important meetings and provide comments. The City will consider comments in good faith. The Participants have the first option to investigate and clean up their own property, provided it is agreed to by City and KDHE. The Parties are to provide information they generate and to allow access for the purpose of testing. They agree to toll the statute of limitations during the Agreement. The Agreement allows the City to modify provisions on access and the procedures for operation of a technical advisory committee without seeking formal Council approval. This Agreement provides a means of private funding for all or part of the RI/FS expenses for the NIC Project prior to the availability of TIF funds. The first third of the private payments will be due 30 days after the effective date of the Agreement. The Agreement also establishes a framework for future allocation of remediation costs. The TIF District will be responsible for those expenses that cannot be recovered from responsible parties. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. (b) Certificate and Release for Environmental Conditions. Agenda Report No. 95-895 B. On October 31, 1995, the City approved a Settlement Agreement between the City and the Kansas Department of Health and Environment (KDHE) under which the City agreed to complete the RI/FS and conduct the clean-up of the NIC groundwater contamination site. The Settlement Agreement contains a number of conditions subsequent which allow the City to cancel the Agreement if they cannot be completed. The following events have been accomplished: + The City established a TIF District to guarantee funding for the project. + EPA removed the 29th & Mead site from the National Priority List in a Notice of Deletion published April 29, 1996. + A Participant Agreement "with a sufficient number of private parties to financially participate in the activities required" has been negotiated. + A Lenders Agreement has NOT yet been entered, but key lending institutions have expressed support for the project based upon the Gilbert & Mosley experience. The time has expired for the City to exercise its conditions subsequent and the City and State are now in a position to begin the project under the terms of the Settlement Agreement. The Settlement Agreement authorizes the City for itself and on behalf of KDHE to grant releases from any liability for the costs of the environmental investigation and remediation. The release Certificate is a key part of the proposed Lending Institutions' Agreement: Lenders would agree to resume lending activities on otherwise qualifying properties that have been granted releases. The proposed forms for use in the NIC release program are essentially the same as those used in the Gilbert & Mosley project. Those forms were developed with input from numerous legal, real estate, and lending interests and have proved to be successful. There are thousands of parcels in the former 29th & Mead and 13th & Washington sites; those persons with interests in those parcels and who did not contribute to the contamination may be entitled to a release by the City. Since the City's public meeting announcing the NIC initiative in July of 1995, numerous property owners in the NIC site have expressed a desire for this program and are awaiting the City's ability to issue the certificates. EPA also intends to transfer to the City the applications it has received for innocent landowner status in the 29th & Mead area for consideration under this program. The City is authorized to grant a release to any person who can furnish a sworn statement to the effect that no hazardous substances or petroleum products were released or disposed of at the property during the time the person had an interest in the property. Upon the grant of a release, the property becomes a "Certified Property" under the City/KDHE Agreement. The release Certificate consists of three parts: 1. Application for Certificate and Release for Environmental Conditions. 2. Environmental Disclosure Form to Application 3. Certificate and Release for Environmental Conditions. Any person with an interest in a property in the NIC area may file an application for a release. There are two different applications: residential and non-residential. The forms are similar to the ones used for the Gilbert and Mosley environmental release program. Depending on current and past land use, most applicants will also be required to submit a disclosure form as to the current and past uses of the property. The City will review the applications and, if the property qualifies for a release under the terms of the City/KDHE Agreement, it may grant a Certificate. The Certificate may be filed with County Register of Deeds if the recipient so desires. The City will also publish the names of certified properties and allow public comment on the accuracy of information provided. These will be published in the official City newspaper. The City may require additional information in making the determination for issuance of the Certificate, if deemed necessary. The City retains the discretion on whether or not to grant a release. Applicants receiving a Certificate also grant the City the right of access to their property to conduct necessary environmental investigations. Staff will act on the individual applications according to procedures to be established. The Certificates are also an alternative mechanism of entering into settlements with any responsible party which agrees to pay its fair share of the clean-up costs. The costs of processing the applications, granting the releases, and publishing the lists of certificates will be part of the project expenses of the NIC project. The release program is authorized by Paragraph 134 of the City/KDHE Settlement Agreement. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the Agreement be approved and the Mayor be authorized to execute; the forms for application and grant of Certificate and Release for Environmental Conditions in the North Industrial Corridor (NIC) Site be approved; the Mayor be authorized to sign each Certificate and Release for Environmental Conditions when recommended and approved by appropriate City Staff; and that Staff be directed to prepare procedures for processing applications, granting certificates, and advertising the availability of applications and certificates. -- carried Motion carried 5 to 0. (Ferris, Kamen; absent) SOUTH LAKES PARK IMPROVEMENTS TO SOUTH LAKES PARK. (District VI) Chris Cherches City Manager reviewed the Item. Agenda Report No. 96-415. Over the last several years, the City has undertaken to develop a regional softball/soccer complex at South Lakes Park. Previously, 160 acres of land was purchased and initial installation of soccer fields completed. An urban fishing lake was constructed as part of the complex with a combination of City funds and a State grant. Additional complex development was scheduled in future years. The Capital Improvement Program includes 1996/97 funding for continued development of the complex. Improvements to the soccer portion of the complex will include restroom and concession facilities. The softball portion will include irrigation for four fields with capacity for an additional four fields at a later date (as well as a future championship soccer field), construction of dugouts, bleachers, fencing/backstops, restrooms, infields, and paving of walks and parking in various areas of the complex (the latter as funding permits). It was earlier anticipated that State Community Development Block Grant (CDBG) would be available to offset $300,000 of the complex development (to be used for athletic field lighting). The CDBG funding was provided through Haysville as part of a small city CDBG grant program. Subsequently, it has been determined that the South Lakes development cannot meet the CDBG grant requirements despite the best efforts of state and local officials. In order to provide relief to Haysville (which cannot financially participate in the project without the State CDBG grant) of the financial responsibility, Wichita must assume the cost for the lighting system. The 1996/97 capital project development costs total $1,050,000 and are included in the proposed 1996-2005 CIP as part of the City's commitment to new park development. The loss of State CDBG funding for the athletic field lighting system has occasioned a one-time $300,000 shortfall in the total project cost which is proposed to be paid by Wichita to Haysville from General Fund appropriated reserves. Mayor Knight Mayor Knight explained that while he served as Kansas Secretary of Commerce and Housing, one of the divisions for which he was responsible was Community Development. The Community Development Division under the Department of Commerce made this $500,000 Grant to the City of Haysville while Mayor Knight was Secretary of Commerce. Because of responsibilities and association with Wichita, as Secretary of Commerce, Mayor Knight thought it improper to influence beyond acceptable limits and advised his staff that, under no circumstances, should they do anything concerning this project, or any project, that could not withstand close public scrutiny and conform with the appropriate way of conducting State affairs. There was commitment made by the former Secretary of Commerce to this project. It is understood that the project was not funded previously because of limitations on CDBG money available and that the subject would be revisited during the next round. Mayor Knight's tenure as Secretary of Commerce was the next round. Mayor Knight said he was approached by staff members who had some of the same concerns about the thirty-four full-time jobs that would be developed by the complex. For whatever reason, those concerns were satisfied - "it certainly was not as a result of anything I said to force a favorable decision. Mayor Knight said he was personally gratified that the staff concluded favorably because of his sense that this would represent an investment in the potential of southwest Wichita and the southwest part of the County. Mayor Knight said he has conferred with both Topeka's attorneys and the City's Law Department and that he did not have and does not have a conflict of interest with this matter. Mayor Knight momentarily absent with Vice Mayor Cather in the Chair. Chris Cherches City Manager, responding to a question, said Sedgwick County has committed to $200,000. The proforma indicated that income and private contributions would go toward the full improvement with some modest expenditures by the City. The total City of Wichita commitment, when the project is completed with today's dollars, would be a little over $3 million. The City's proposal in the Capital Improvement Program, phased in, would be $1 million. It is hoped the City will be able to tap some sources of State funding perhaps in the form of grants. And, private contributors from the League play might help gain the remainder. In the proposed CIP for future Council consideration, the City's commitment will be $1,050,000 while the attempts to try to find additional funding to make-up the balance of the total project. Motion -- Cather moved that the project be approved, General Fund appropriated reserve in- lieu-of State CDBG funding be authorized, and the capital project resolution be -- carried adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) RESOLUTION NO. R-96-194 A Resolution finding it necessary to make certain improvements to South Lakes Park and authorizing the issuance of General Obligation Bonds of the City of Wichita to finance such improvements, presented. Cather moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. CITY COUNCIL AGENDA TRAVEL APPROVAL APPROVAL OF MAYOR KNIGHT'S TRAVEL TO VIRGINIA BEACH, VIRGINIA, JUNE 27-29, 1996, TO ATTEND NATIONAL LEAGUE OF CITIES ADVISORY COUNCIL SUMMER MEETING. Motion -- carried Cather moved that the travel expenses be authorized. Motion carried 5 to 0. (Ferris, Kamen; absent) APPOINTMENTS APPOINTMENT TO HISTORIC PRESERVATION BOARD. One appointment (Kamen), for a term to expire June 30, 1997. Motion -- carried Knight moved that this Item be deferred two weeks. Motion carried 5 to 0. (Ferris, Kamen; absent) APPOINTMENT TO CONVENTION AND TOURISM COMMITTEE. One appointment (Rogers), for a term to expire June 30, 1997. Motion -- carried Rogers moved that this Item be deferred two weeks. Motion carried 5 to 0. (Ferris, Kamen; absent) APPOINTMENT TO CIVIL RIGHTS AND SERVICES BOARD. One appointment (Cole) for a term to expire June 30, 1997. Motion -- carried Cole moved that this Item be deferred two weeks. Motion carried 5 to 0. (Ferris, Kamen; absent) NOTICE OF VACANCY - COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. One vacancy (Rogers), due to the nonattendance of Theresa Black, for a term expiring June 30, 1997. The appointment will be in order June 4, 1996. PROCLAMATIONS PROCLAMATIONS. -- Charlie Daniels Gold Classic and Stars for Starkey Concert Days -- Good Sam Clean-Up Day -- Festival of Neighborhoods Month -- Durley and Friends Days -- Arson Awareness Month Motion -- carried Knight moved that the proclamations be authorized. Motion carried 5 to 0. (Ferris, Kamen; absent) CONSENT AGENDA Knight moved that the Consent Agenda, except Item 21, be approved in accordance with the recommended action shown thereon. Motion carried 5 to 0. (Ferris, Kamen; absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MAY 20,1996. At 10:00 a.m., Friday, May 17, 1996, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes 5/20/96) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Bikeway System along the Big River, Central from Waco to the Big River and along I-135. (472-82535/785394/440070) Traffic to be maintained through construction. (Council approval date 11-01-94) (District I, II, III, V) Ferguson Paving - $56,805.00 (Engineer's Estimate) Sidewalk and Wheelchair Ramp construction or replacement at Swanson Park ad vicinity (Phase II). (472- 82352/785352/440066) Traffic to be maintained through construction. (Council approval date 11-01-94) (District I,II,III,V) Ferguson Paving - $72,512.00 (Engineer's Estimate) Lateral 67, Main 22, War Industries Sewer to serve Mediterranean Plaza Addition (north of 29th, east of Rock). (468- 82517/742619/480353) Does not affect existing traffic. (Council approval date 09-19-95) (District II) Nowak Construction - $44,421.00 (Negotiated Engineer's Estimate) Lateral 4, Main 16, Southwest Interceptor Sewer to serve Horseshoe Lake Addition (north of 21st, east of Ridge). (468-82596/742692/480361) Does not affect existing traffic. (Council approval date 04-23-96) (District V) Nowak Construction - $114,346.00 (Negotiated Engineer's Estimate) Water Distribution System to serve Mediterranean Plaza Addition (north of 29th, east of Rock). (448- 88950/733097/470387) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 09-19-95) (District II) WBW Construction - $92,980.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 5 to 0. (Ferris, Kamen; absent) FINANCE/DATA CENTER: NEW CURRENT MODEL COMPUTER EQUIPMENT (035105) AS PER SPECIFICATIONS CABLEXPRESS Corporation - $197,423.29 HUMAN SERVICES/WHA: INTERIOR, EXTERIOR AND ADA RENOVATIONS FOR ROSSA GRAGG (127720/2803/WHA 196) AS PER SPECIFICATIONS Williamson Construction Co. - $393,379.73 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 5 to 0. (Ferris, Kamen; absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1996 (Consumption on Premises) Don C. Norton LaChinita Mex. Rest., Inc.*1451 N. Broadway (Consumption off Premises) Paul A. Dawson Metro Oil Co., Inc. 1826 W. 13th dba Metro Beverage Co. Paul A. Dawson Metro Oil Co., Inc.324 W. Harry dba Metro Beverage Co. Paul A. Dawson Metro Oil Co., Inc.731 N. Ridge Rd. dba Metro Beverage Co. Paul A. Dawson Metro Oil Co., Inc.851 S. Meridian dba Metro Beverage Co. Paul A. Dawson Metro Oil Co., Inc.1622 S. West St. dba Metro Beverage Co. Paul A. Dawson Metro Oil Co., Inc.240 S. West St. dba Metro Beverage Co. Paul A. Dawson Metro Oil Co., Inc.3919 W. Pawnee dba Metro Beverage Co. Paul A. Dawson Metro Oil Co., Inc.223 E. 21st St. dba Metro Beverage Co. Paul A. Dawson Metro Oil Co., Inc.106 S. Hydraulic dba Metro Beverage Co. Paul A. Dawson Metro Oil Co., Inc.4003 S. Broadway dba Metro Beverage Co. Paul A. Dawson Metro Oil Co., Inc.3128 E. Harry dba Metro Beverage Co. Paul A. Dawson Metro Oil Co., Inc.960 E. Pawnee dba Metro Beverage Co. New Operator 1996 (Consumption off Premises) Lisa L. Hunt Bud's Place 7011 E. Harry *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 5 to 0. (Ferris, Kamen; absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1996 Contract Maintenance Bridge Deck Resurfacing at 2nd Street over the Canal, 21st Street over the Big Arkansas River and westbound Harry Street over I-135. (132449/112000) Traffic to be maintained through construction. (Council approval date 01-23-96) (District I & VI) b. Pawnee Prairie Park Pedestrian Bridges located at 1931 South Tyler Road. (472-82534/785402/785402) Does not affect existing traffic. (Council approval date 10-18-94) (District V) c. Water Main Extension on 27th Street North from Volutsia to Hillside. (448-89050/635060/544606) Does not affect existing traffic. (Council approval date 07-18-95) (District I) d. Sanitary Sewer from 18th St. North to 300 ft. north of 19th St. North to serve Viola Addition alley between Mead & Mosley. (468-82572/621250/533236) Closed to traffic. (Council approval date 07/18/95) (District VI) e. Lateral 75, Main 1, Sanitary Sewer #12 Oliver & 9th St. North. (468-82482/621110/533215) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07/18/95) (District I) f. 8" Water Main along Broadway, from Zimmerly to Lincoln. (448-88989/634246/544424) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07/18/95) (District IV) g. Water Main along Hendryx Avenue, from Osage Avenue to Laclede Court and Laclede Court from Hendryx Avenue to Taft east of Seneca, south of Kellogg. (448-88986/634212/544421) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7/18/95) (District VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., March 31, 1996. Motion carried 5 to 0. (Ferris, Kamen; absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Shadow Lakes from the west line of Lakecrest to the east line of Lot 26, Block 3 and the east line of Lot 13, Block 4; Lakecrest from the north line of Shadow Lakes to the north line of Lot 36, Block 3 and the north line of Lot 2, Block 5; and sidewalk on the north side of Shadow Lakes, from the west line of Lakecrest to the east line of Lot 26, Block 3, Forest Lakes Addition (north of 29th, west of Ridge). (472-82698/763615/490464) Does not affect existing traffic. (Council approval date 04-02-96) (District 5) b. Lateral 25, Main 1, Cowskin Interceptor Sewer to serve Peppermint Park Addition (south of Maple, east of 119th Street West). (468-82508/742643/480356) Does not affect existing traffic. (Council approval date 08-29-95) (District 5) c. Lateral 68, Main 5, Sanitary Sewer #23 to serve Meadow Oaks 2nd Addition (south of 29th Street North, west of Woodlawn). (468-82570/742684/480360) Does not affect existing traffic. (Council approval date 02-13-96) (District 1) d. Lateral 69, Main 5, Sanitary Sewer #23 to serve Meadow Oaks 2nd Addition (south of 29th Street North, west of Woodlawn). (468-82571/742676/480359) Does not affect existing traffic. (Council approval date 02-13-96) (District 1) e. Lighthouse Cove from the east line of Shore Boulevard to the east line of North Shore Boulevard in Horsehoe Lake Addition (north of 21st, east of Ridge). (472- 82711/763599/490462) Does not affect existing traffic. (Council approval date 04-23-96) (District 5) f. Water Distribution System to serve Horsehoe Lake Addition (north of 21st, east of Ridge). (448- 89031/733154/470393) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-23-96) (District 5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 31, 1996. Motion carried 5 to 0. (Ferris, Kamen; absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Sidewalk and Wheelchair Ramp construction or replacement at Swanson Park and vicinity (Phase II). (472- 82352/785352/440066) - $84,000.00. Traffic to be maintained through construction. (Council approval date 11-01-94) (District I, II, III, V) b. 1996 Contract Maintenance Repair of Intersections of Waco at 12th, 11th, 10th, and the west 1/2 of 9th Streets. (132423) (706317 WCR 621326 MH Adj) (112000) - $102,510.00. Traffic to be maintained during construction. (Council approval date 01-23-96) (District all) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 5 to 0. (Ferris, Kamen; absent) BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Housing Commissioners, 4/18/96 CPO Coordinating Board, 5/1/96 Historic Preservation Board, 4/8/96 Wichita Art Museum Board, 4/30/96 Wichita Commission on the Status of Women, 5/1/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 5 to 0. (Ferris, Kamen; absent) ANNUAL REPORTS ADVISORY BOARDS AND COMMISSIONS' 1995 ANNUAL REPORTS. Administrative - Art Museum Board Semi-Administrative - Wichita/Sedgwick County Metropolitan Planning Commission Advisory - Wichita/Sedgwick County Solid Waste Management Committee, 4/15/96 Motion -- carried Knight moved that the Reports be received and filed. Motion carried 5 to 0. (Ferris, Kamen; absent) EASEMENTS/DEDICATIONS EASEMENTS AND DEDICATIONS. a. Water Resources Permit dated May 9, 1996, from Division of Water Resources (McLean Boulevard, Meridian to Seneca, Index #705897) (no cost to City). b. Easement dated May 8, 1996, from Joe H. Lee for a tract in Fox Pointe 2nd Addition (Sanitary Sewer, Index #742718) (no cost to City). c. Easement dated March 13, 1996, from Marvin Schellenberg for a tract in Forest Lakes Addition (Paving, Index #763615) (no cost to City). d. Easements dated April 19, 1996 and April 26, 1996, from Richard & Paula Kunkle and Bradley & Rhonda Dopps for tracts in Marshall Addition (Lateral 26, Main 1, Cowskin Interceptor Sewer, Index #742635) (no cost to City). e. Easement dated May 1, 1996, from Heartspring for tracts in Mediterranean Plaza Addition (Water Project, Index #733097) (no cost to City). f. Easement dated May 3, 1996, from Heartspring for a tract in Mediterranean Plaza Addition (Lateral 67, Main 22, War Industries Sewer, Index #742619) (no cost to City). g. Dedication dated April 25, 1996, from KGE for a tract in Niederlander's Addition (Relocation of McLean, Taft to Seneca, Index #706143) (no cost to City). Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 5 to 0. (Ferris, Kamen; absent) (Item No. 21) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 96-441. Cornejo & Sons, Inc. is requesting the complete closure of McLean on the east side of Seneca, beginning approximately June 1, 1996. This closure will allow the installation of a large drainage system on the east side of the intersection and Seneca, along with the reconstruction of the east side of the intersection. The closure is allowed by the project specifications, and McLean east of Seneca will remain closed through the period of reconstruction/realignment of McLean between Seneca and Second in connection with the Science Center project. McLean Boulevard between Seneca and Second is expected to be reopened in December 1996. The contractor is responsible for construction barricades and detour signing during the project. During the closure, McLean traffic will be detoured using Seneca and 2nd Streets. Motion -- carried Knight moved that the street closure be approved. Motion carried 5 to 0. (Ferris, Kamen; absent) FINANCIAL REPORT MONTHLY FINANCIAL REPORT FOR THE MONTH ENDING Motion -- carried Knight moved that the Report be received and filed. Motion carried 5 to 0. (Ferris, Kamen; absent) K-96 BIKEPATH AGMT. ACCESS AGREEMENT WITH KOCH INDUSTRIES (K-96 BIKEPATH). (District II) Agenda Report No. 96-416. The Comprehensive Bicycle Plan's number one recommendation was to build a bicycle path that follows the K-96 Bypass from Grove Park to the East City Limits. The project is in design and the preferred alignment of the K-96 Bikepath requires access across a portion of Lot 11, Block 2, Mediterranean Plaza Addition which is located at the northwest corner of 29th and Cypress. The owner of the property, Koch Properties, has agreed to donate the needed access to its property at no cost if the City agrees to hold them harmless, and be responsible for the construction and maintenance of the bikepath. There is no cost to the City in connection with the Agreement. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Ferris, Kamen; absent) HARRY & WEST AGMT. CONSTRUCTION AGREEMENT FOR HARRY AND WEST STREET. (District IV) Agenda Report No. 96-417. On January 9, 1996, the City Council approved including the intersection of Harry and West Street as a part of the 1996 Intersection Reconstruction Program (CIP #MS-412). The project consists of installing left turn lanes on West Street and upgrading the traffic signals. The project budget for the 1996 Intersection Reconstruction project is $2,800.000. The estimated cost for the work covered under this Agreement is $350,000. KDOT will pay 90% of the cost of construction and construction engineering. The City's share will be paid by General Obligation Bonds authorized by Ordinance No. 42-985. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Ferris, Kamen; absent) CONSULTANT ENGINEER AGREEMENT FOR DESIGN SERVICES FOR HORSESHOE LAKE ADDITION. (District V) Agenda Report No. 96-418. The City Council approved the Horseshoe Lake Addition on April 23, 1996. The proposed Three-Party Agreement between the City, Grandview, Inc., and Professional Engineering Consultants, P.A. (PEC) provides for the design of a water distribution system, sanitary sewer, paving and drainage improvements in Horseshoe Lake Addition (north of 21st Street North, east of Ridge). Because PEC is providing subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $36,400 and will be paid by Special Assessments. The developer is responsible for payment of the consultant engineering services until certain guarantees and requirements are met. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Ferris, Kamen; absent) PROPERTY ACQUISITION Acquisition of a portion of property located at the Southwest corner of Seneca and Orient (Tract #5) for the Seneca Improvement Project. (District IV & VI) Agenda Report No. 96-419. The South Seneca Improvement Project from Pawnee to McCormick, approved by Council on July 18, 1995, will require seven partial takes of additional right-of-way. One of these tracts is tract #5, which is owned by J. R. Johnson. The property is more accurately described in the tract map and legal description. Seneca will be upgraded to a five lane arterial standard. The subject tract contains approximately 49.27 square feet. Due to the small size of the takings, the estimated value of the properties are minimal. The property owner has agreed to sell the property to the City of Wichita for $300. The 1994 Capital Improvement Program includes $50,000 to acquire the necessary right-of-way for the project along Seneca from Pawnee to McCormick. The funding source is General Obligation Bonds. The budget of $425 includes $300 for acquisition and $125 for closing costs, and title insurance. This will be the first purchase for the project. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 5 to 0. (Ferris, Kamen; absent) ACQUISITION OF 466 S. OLIVER (TRACT #16) FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-420. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September, 1995, and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located at 466 S. Oliver (Lot 6 excluding the south 10 feet, Lot 8 and the south 10 feet of Lot 10 on Oliver Street in the Highland View Addition to Wichita) and is owned by R. C. Nuss Revocable Trust. The property has 6,875 square feet of land. The site is improved with a 535 square foot retail liquor store. The acquisition was appraised at $69,500 and the review appraiser concurred with this value. This amount was offered to the owner. She found this offer to be unacceptable and countered at $88,600. After negotiation, a sale price of $75,000 was agreed to. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. The subject tract was approved for condemnation but continued negotiations proved successful. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $102,000 includes: $75,000 for acquisition, $5,000 for eventual demolition, $20,000 for relocation and $2,000 for closing costs, title insurance, etc. Council action has approved $17,781,134 of Local Sales Tax for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisitions on an 80%/20% basis for a total budget of $26,601,134. The total project encompasses 75 acquisitions. Excluding pending Council action, 35 parcels have been acquired, seven are under contract, and the rest are in condemnation. Total expenditures to date total $5,843,516. An additional $1,750,171 has been approved for a total encumbrance of $7,593,687. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 5 to 0. (Ferris, Kamen; absent) ACQUISITION OF 476-482, 484-490, AND 492-498 SOUTH ELPYCO AND 492, 495 AND 497 SOUTH BLECKLEY (TRACT #26) FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-421. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September, 1995, and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located in the 400 Block South between Bleckley and Elpyco (Lots 14, 15, 16, 17, 18, and 19, Block 5, in the Lincoln Terrace Addition to Wichita) and is owned by the George L. Yates Testamentary Trust and the Marian M. Yates Testamentary Trust. The property has 48,060 square feet of land. The site is improved with six 2,340 square foot quadplexes. The acquisition was appraised at $450,600 and the review appraiser concurred with this value. This amount was offered to the owners. They found this offer to be unacceptable. They produced a survey which indicates that the site actually has 49,617 square feet. Based on the larger site, the owners countered at $525,000. After negotiation, a sale price of $500,000 was agreed to. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. The subject tract was approved for condemnation but continued negotiations proved successful. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $672,000 includes: $500,000 for acquisition, $30,000 for eventual demolition, $140,000 for relocation and $2,000 for closing costs, title insurance, etc. Council action has approved $17,781,134 of Local Sales Tax for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisitions on an 80%/20% basis for a total budget of $26,601,134. The total project encompasses 75 acquisitions. Excluding pending Council action, 35 parcels have been acquired, seven are under contract, and the rest are in condemnation. Total expenditures to date total $5,843,516. An additional $1,750,171 has been approved for a total encumbrance of $7,593,687. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. WATER RIGHTS WATER RIGHTS CONSERVATION PROGRAM. Agenda Report No. 96-422. City Staff, with legal counsel, and the state water regulatory staff, has developed a contract and procedure for the acquisition of certified water rights in the Equus Beds (where the City presently has water wells, transmission lines, etc. and obtains about one-half of its water supply), which the Council approved on August 21, 1991. Staff has advertised the City's interest in purchasing water rights in the Equus Beds, and has successfully acquired several existing water rights, including No. 10,815, which is a right for 174 acre feet, and No. 29,106, which is a right for 111 acre feet. When the City originally sought to acquire additional water rights in the Equus Beds Wellfield, the intent was to purchase irrigation water rights and then convert them to municipal water rights and use that water to supplement the City's other water supplies. However, research done as part of the Water Supply Plan has revealed that the wellfield is over- appropriated....there are more water rights than there is water. Using the State's recognized recharge rate of 6 inches per year, the wellfield would have a "safe yield" of approximately 50,000 acre feet per year, but there are a total of over 83,000 acre feet of water rights allocated in the wellfield. The City's approved Water Supply Plan recommends that the City continue to acquire existing water rights in the Equus Beds wellfield, but for the purpose of protecting its current and projected investments, and not to convert them to municipal water rights. The State of Kansas Division of Water Resources has developed a program called the Water Rights Conservation Program. That program will allow a water right owner to suspend the use of an existing water right for up to ten years. Under normal conditions, if a water right is not used for three years, it can be declared abandoned, and the water right can be withdrawn. The Water Rights Conservation Program will allow the City to protect the water rights it has purchased without having to utilize that water right for either irrigation or municipal purposes. The two water rights that are recommended to be enrolled in this program at this time are irrigation water rights that are no longer being used to irrigate crops. If the City does not use these water rights for three years, or does not put these water rights into this program, it would risk having these water rights revoked. Water rights can be put in the program for a minimum of three years and a maximum of 10 years. Staff recommends that these water rights be put into the program for the maximum time allowed. There are no fees associated with participation in this conservation program. In order to participate in the Water Rights Conservation Program the City needs to submit a contract that specifies the affected water right and the amount of time that the right would be held in the program. While a water right is enrolled in this program it cannot be used for any purpose. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Ferris, Kamen; absent) CENTURY II PARKING CENTURY II PARKING PLAN. Agenda Report No. 96-423. The construction for the Hyatt Hotel has eliminated some parking around Century II that had been utilized in the past by Century II patrons. To date, approximately 175 spaces have been removed, but more spaces will be removed in 1997. To assist users of Century II, the City has identified approximately 3,000 spaces in a 3 block radius around Century II. A map was created to identify the parking spaces available. Of those parking spaces, almost 2,000 of them are located on privately owned surface parking lots are garages. Owners or managers of the private parking lots or garages were contacted by the City to receive permission for patrons to use their facilities. The cooperation from the private businesses was tremendous and ensured parking would be available for Century II patrons. Two businesses have requested letters from the City acknowledging release of liability of any damages to Century II patrons while using the privately-owned parking lots or garages. The risk to the City for financial liability is considered to be minimal. Motion -- Knight moved that the liability be accepted and the City Manager be authorized to -- carried sign the letters. Motion carried 5 to 0. (Ferris, Kamen; absent) CLAIMS ALLOWED REPORT REPORT ON CLAIMS ALLOWED - APRIL, 1996. Stephen P. Selby $ 37.00 Albert Klein 110.00 Melanie Perkins 212.94 Susan P. Henry 215.94 Su Fox 392.53 Evelynn Lee 116.49 Motion -- carried Knight moved that the Report be received and filed. Motion carried 5 to 0. (Ferris, Kamen; absent) CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 96-424. 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: 1061 1/2 Ohio District 1 311 W. Skinner District 3 1836 S. Glenn District 4 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 -- Knight moved that the Resolutions placing this matter on the Agenda for a Hearing before the Governing Body on July 2, 1996, at 11:00 a.m. be adopted. Motion -- carried carried 5 to 0. (Ferris, Kamen; absent) RESOLUTION NO. R-96- 190 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: odd Lots 41 through 47, inclusive, in Wabash Addition to Wichita, Sedgwick County, Kansas, known as 1061 1/2 Ohio, 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. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 191 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 east 55 feet of Lots 145 and 147, on Waco Avenue, in English's Eighth Addition to Wichita, Sedgwick County, Kansas, known as 311 West Skinner, 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. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 192 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 28, 30, and 32, Block 9, Whitlock's replat of Orchard Grove Addition to Wichita, Sedgwick County, Kansas, known as 1836 S. Glenn 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. Knight moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First Reading May 14, 1996) a. Building Condemnations. ORDINANCE NO. 43-143 An Ordinance making a special assessment to pay for the removal of certain structures, being dangerous and unsafe buildings which have been declared a nuisance under the provision of Sections 18.16.010 to 18.16.090 of the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. b. Eminent Domain - Public Water Utility Facility. ORDINANCE NO. 43-144 An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of Public Water Utility Facility improvements and to be known as a Public Water Utility Facility in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RECESS The City Council recessed at 11:07 a.m. and reconvened at 11:10 a.m. PRIDE OF THE CITY AWARD PRIDE OF THE CITY AWARD: TREES FOR LIFE. A reception followed the presentation of the Award to Balbir Mathis, President, Trees for Life. RECESS The City Council recessed at 11:50 a.m. and returned at 12:20 p.m. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 30 through 41 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Cole moved that Planning Agenda Items 30 through 41 be approved as consensus -- carried Items. Motion carried 5 to 0. (Ferris, Kamen; absent) A 96-8 A96-8 - ANNEXATION OF PROPERTY ADJOINING THE CITY OF WICHITA GENERALLY LOCATED (Item No. 30) 1/4 MILE SOUTH OF 47TH STREET SOUTH AND 1/4 MILE WEST OF MERIDIAN (HAROLD E. LANGE). Agenda Report No. 96-425 (Revised). Harold E. Lange requested that property under his ownership be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the May 21, 1996 City Council meeting. The tract of land is approximately 40 acres in size. The property owner has indicated that the property will be developed with 100 single-family units. The property is located 1/4 mile south of 47th Street South and 1/4 mile west of Meridian. The property is zoned "SF-20" single-family district under the new Wichita-Sedgwick County Unified Zoning Code. Upon annexation, the County "SF-20" single-family residential district will convert to the "SF-6" single-family dwelling district. The conversion will accommodate the proposed use of the property. City water lines are in the area. An 12 inch supply line will need to be extended west from Edwards. Interior mains will need to be extended to all platted lots. Fees associated with the cost of hookup will be plant equity fees and tap fees. Property owners will have to extend sewer services from a main located on 47th Street South. Fire protection can be extended to the requested annexation area within a 7 minute response time from City Fire Station No. 19, located at 600 West MacArthur. Upon annexation, police protection will be provided to the requested annexation area by the officers and equipment of the Patrol West Division of the Wichita Police Department serving the western portion of the City. This property is located within the urban growth area of the City of Wichita as delineated by the comprehensive plan for the metropolitan area, and is also inside the Policy 32 urban service area. The property is located within an area that can be served with the extension of water and sewer services. The property owner will be responsible for the cost of connecting to water and sewer when the service is requested. On the basis of the foregoing information, it is concluded that the annexation of the property in question will not result in an extraordinary expense to the City-at- large. Motion -- Cole moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 5 to 0. (Ferris, Kamen; absent) ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A- 96-8 A 96-11 A96-11 - ANNEXATION OF PROPERTY ADJOINING THE CITY OF WICHITA GENERALLY LOCATED (Item No. 31) SOUTH OF K-42 HIGHWAY AND WEST OF RIDGE ROAD (CALDWELL EQUIPMENT COMPANY). Agenda Report No. 96-426 (Revised). Caldwell Equipment Company requested that property under its ownership be annexed into the City of Wichita. The tract of land is approximately 12.69 acres in size. A final plat was approved by the Metropolitan Area Planning Commission (MAPC) on January 11, 1996. The land owners have indicated that the property will be developed as an industrial site. The property is located south of K-42 Highway and west of Ridge Road. The property is zoned "RR" rural residential district under the new Wichita-Sedgwick County Unified Zoning Code, and will convert to the City's "SF-20" single-family district on annexation. The property owners have received approval from the Board of County Commissioners to rezone the "RR" rural residential district to "E" light industrial (now "LI" limited industrial) district. Upon annexation, and when the plat (approved in January by MAPC) is submitted to the City Council for approval, the ordinance enacting the "LI" limited industrial district will be approved. The "LI" limited industrial district will accommodate the proposed use of the property. City water lines are in the area. A main would need to be extended north from the north end of 35th Street South. A requirement to extend this line was part of the MAPC's plat approval. Sewer services are not in the area. The closet sewer main stops at 31st Street South and Hoover. Conditions placed on the plat state that property owners will petition the City for sewer services when sewer is brought out to this area. For now, property owners will petition the County for permission to build temporarily outside sewer facilities. Fire protection can be extended to the requested annexation area within a 5 minute response time from City Fire Station No. 13, located at 1702 S. West Street. Upon annexation, police protection will be provided to the requested annexation area by the officers and equipment of the Patrol West Division of the Wichita Police Department serving the western portion of the City. These properties are located outside the current urban growth area of the City of Wichita as delineated in various elements of the comprehensive plan for the metropolitan area but the growth area was expanded in early 1995 by the MAPC to include these parcels as part of the revised Comprehensive Plan. The properties are also outside the Policy 32 urban service area. The property is located within an area that can be served with water and sewer services. The property owners will be responsible for the cost of connecting to water and sewer when the service is requested. On the basis of the foregoing information, it is concluded that the annexation of the property in question will not result in an extraordinary expense to the City-at- large. Motion -- Cole moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 5 to 0. (Ferris, Kamen; absent) ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A- 96-11 A 96-12 A96-12 - ANNEXATION OF PROPERTY ADJOINING THE CITY OF WICHITA GENERALLY LOCATED (Item No. 32) NORTH OF 21ST STREET NORTH AND 1/4 MILE EAST OF 119TH STREET WEST (ED NEVILLE). Agenda Report No. 96-427 (Revised). Ed Neville requested that property under his ownership be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the May 21, 1996 City Council meeting. The tract of land is approximately 10.0 acres in size. A final plat was approved by the Metropolitan Area Planning Commission (MAPC) on March 14, 1996. The property owner has indicated that the property will be used for a church site. The property is located north of 21st Street North and 1/4 mile east of 119th Street West. The property is zoned "SF-20" single-family district under the new Wichita-Sedgwick County Unified Zoning Code. Upon annexation, the County "SF-20" single-family residential district will convert to the "SF-6" single-family dwelling district. The conversion will accommodate the proposed use of the property. There is an existing 12 inch water main on the south side of 21st Street North. Property owners will have to extend a sewer line from the Aberdeen Subdivision located to the west of the property in order to obtain sewer services. Fire protection can be extended to the requested annexation area within a 5 minute response time from City Fire Station No. 16, located at 1632 North Tyler Road. Upon annexation, police protection will be provided to the requested annexation area by the officers and equipment of the Patrol West Division of the Wichita Police Department serving the western portion of the City. This property is located within the urban growth area of the City of Wichita as delineated by the comprehensive plan for the metropolitan area, and is also inside the Policy 32 urban service area. The property is located within an area that can be served with the extension of water and sewer services. The property owner will be responsible for the cost of connecting to water and sewer when the service is requested. On the basis of the foregoing information, it is concluded that the annexation of the property in question will not result in an extraordinary expense to the City-at- large. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 5 to 0. (Ferris, Kamen; absent) ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A- 96-12 A 96-13 A96-13 - ANNEXATION OF PROPERTY ADJOINING THE CITY OF WICHITA GENERALLY LOCATED (Item No. 33) SOUTH OF 55TH STREET SOUTH AND 1/4 MILE EAST OF SENECA (CLAYTON KISSACK). Agenda Report No. 96-428 (Revised). Clayton Kissack has requested that property under his ownership be annexed into the City of Wichita. This request is scheduled for consideration by the Wichita City Council during the May 21, 1996 City Council meeting. The tract of land is approximately 4.67 acres in size. Mr. Kissack is requesting annexation so that he can receive city water services. The property is located south of 55th Street South and 1/4 mile east of Seneca. The property is zoned "SF-20" single-family district under the new Wichita-Sedgwick County Unified Zoning Code. Upon annexation, the County "SF-20" single-family residential district will convert to the "SF-6" single-family dwelling district. The conversion will accommodate the existing single-family dwelling use of the property. City water lines are in the area. There is an existing water main on 55th Street South between Gold (north) and the Union Pacific Railroad. There is a main sewer along 55th Street South. If the property owner wants service, he will need to build an extension from a manhole to be served. Fire protection can be extended to the requested annexation area within a 6 « minute response time from City Fire Station No. 19, located at 600 West MacArthur. Upon annexation, police protection will be provided to the requested annexation area by the officers and equipment of the Patrol South Division of the Wichita Police Department serving the southern portion of the City. This property is located within the urban growth area of the City of Wichita as delineated by the comprehensive plan for the metropolitan area, and is also inside the Policy 32 urban service area. The property is located within an area that can be served with the extension of water and sewer services. The property owner will be responsible for the cost of connecting to water and sewer when the service is requested. The total appraised value for the property and improvements is $109,490 resulting in an annual city tax revenue of $396.00 based on 1995 ad valorem tax levies. On the basis of the foregoing information, it is concluded that the annexation of the property in question will not result in an extraordinary expense to the City-at- large. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 5 to 0. (Ferris, Kamen; absent) ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A- 96-13 S/D 95-59 S/D 95-59 - PLAT OF THE WOODLAND LAKES ESTATES ADDITION LOCATED WEST OF 127TH (Item No. 34) STREET EAST AND SOUTH OF KELLOGG AND CONSENT BY THE CITY TO CREATION OF COUNTY SEWAGE DISPOSAL DISTRICT. (District II) Agenda Report No. 96-429. The site was recently annexed into the City in order to allow for the subsequent platting of the property under City Zoning. The City Council approved this plat on March 5, 1996. However, the site is within the County's Four Mile Creek Sanitary Sewer District and will consequently be served by that sewer system. The City's consent for the County to provide such sewer services is typically covered by inclusion of a statement in the Mayor's signature block, on such plats, noting such consent. This statement, though, had not been on the Woodland Lakes Estates plat as signed by the Mayor. The County Clerk has provided a separate form which has been used previously in order to acknowledge the City's consent for County Sewer Districts within the City. The County is requesting that the City approve and sign the consent as requested. Motion -- Cole moved that the request for consent of a County Sewer District to serve the Woodland Lakes Estates Addition be approved and the Mayor be authorized to sign -- carried the consent form. Motion carried 5 to 0. (Ferris, Kamen; absent) S/D 95-49 S/D 95-49 - PLAT OF THE GRAF-GOLDSTON SECOND ADDITION LOCATED SOUTH OF 21ST (Item No. 35) STREET NORTH AND EAST OF MAIZE ROAD. (District V) Agenda Report No. 96-430. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) Although this Addition involves a replat, new petitions, all 100%, have been submitted for sanitary sewer, municipal water, drainage and paving improvements. 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. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Certificate and Restrictive Covenant from Courtland Development Corporation. Water 100 Percent Petition for Water Distribution System Number 448- 88966 (south of 21st, east of Maize) ($59,000 S.A.) (Hold for development) Water 100 Percent Petition for Water Distribution System Number 448- 88967 (south of 21st, east of Maize) ($14,000 S.A.) (Hold for development) Water 100 Percent Petition for Water Distribution System Number 448- 88968 (south of 21st, east of Maize) ($7,000 S.A.) (Hold for development) Water 100 Percent Petition for Water Distribution System Number 448- 89030 (south of 21st, east of Maize) ($26,000 S.A.) (Hold for development) Storm Water Sewer 100 Percent Petition for Storm Water Sewer No. 278 (south of 21st, east of Maize) ($91,000 S.A.) (Hold for development) Sewer 100 Percent Petition for Lateral 120, Westlink Sewer (south of 21st, east of Maize) ($72,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Bella Vista from the east line of Maize to the west line of Valleyview, Project No. 472- 82652 (south of 21st, east of Maize) ($108,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Bella Vista Court from the north line of Bella Vista to and including cul-de-sac, Project No. 472-82653 (south of 21st, east of Maize) ($31,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of 19th Street Circle from the west line of Valleyview to and including cul-de-sac Project No. 472-82710 (south of 21st, east of Maize) ($79,000 S.A.) (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 5 to 0. (Ferris, Kamen; absent) RESOLUTION NO. R-96- 195 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88966 (south of 21st, 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. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 196 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88967 (south of 21st, 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. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 197 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88968 (south of 21st, 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. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. NO. R- 96-198 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89030 (south of 21st, 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. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 199 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 278 (south of 21st, 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. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 200 Resolution of findings of advisability and Resolution authorizing construction of Lateral 120, Westlink Sewer (south of 21st, 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. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 201 Resolution of findings of advisability and Resolution authorizing improving of Bella Vista from the east line of Maize to the west line of Valleyview, Project No. 472- 82652 (south of 21st, 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. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 202 Resolution of findings of advisability and Resolution authorizing improving of Bella Vista Court from the north line of Bella Vista to and including cul-de-sac, Project No. 472-82653 (south of 21st, 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. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 203 Resolution of findings of advisability and Resolution authorizing improving of 19th Street Circle from the west line of Valleyview to and including cul-de-sac Project No. 472-82710 (south of 21st, 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. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. S/D 95-78 S/D 95-78 - PLAT OF THE BRADLEY FAIR SECOND ADDITION LOCATED SOUTH OF 21ST STREET (Item No. 36) NORTH AND EAST OF ROCK ROAD. (district II) Agenda Report No. 96-431. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) Petitions, all 100%, have been submitted for sanitary sewer, municipal water, storm sewer, paving, and traffic improvements (signalization, decel lane, accel lane, turn lane, medial, etc.). A Certificate of Petitions has also been submitted. Temporary utility easements are being granted in order to cover existing sewer lines that will eventually be abandoned when actual development occurs on the site. In order to assure access among the lots of this Addition, a cross-lot circulation agreement has been provided. In order to provide for the ownership and maintenance of Reserves, the applicant has submitted a restrictive covenant. This site is within the noise impact area of McConnell AFB and an avigational easement and restrictive noise covenant were required. A zone change (Z-3177 and 3190) from "AA" ("SF-6") to "LC" ("LC") zoning has been approved for this site subject to platting. This site is also subject to various restrictions in regard to a Community Unit Plan (CUP) and notice of such restrictions has been submitted for recording. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Certificate of Petitions, Sanitary Sewer Easement, Avigational Easement, Cross Lot Access and Easement, Restrictive Covenants, and Notice of CUP from Wilson Estates. Paving 100 Percent Petition for improving of left turn lane on 21st Street North to serve Bradley Fair Boulevard, Project No. 472- 82728 (south of 21st, east of Webb) ($150,000 S.A.) (Hold for development) Paving 100 Percent Petition for installation of a fully actuated traffic signal and pavement markings as necessary, traffic signal to serve the intersection of Rockhill/Bradley Fair Parkway and Rock Road, (south of 21st, east of Webb) Project No. 472-82729 ($100,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of right turn lane on Rock Road to serve Bradley Fair Parkway and Lot 1, Block 1, Bradley Fair Second Addition; left turn lane and median from the north line of Rock Road Court to the north line of Lot 1, Block 1, Bradley Fair Second Addition, and; median reconstruction from the northline of Lot 1, Block 1, Bradley Fair Second Addition, to the south line of 21st Street, Project No. 472-82730 (south of 21st, east of Webb) ($350,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Bradley Fair Parkway from the east line of Rock Road to the east line of Lot 2, Block 1, Bradley Fair Second Addition, and; sidewalk along both sides of Bradley Fair Parkway from the east line of Rock Road to the east line of Lot 2, Block 1, Bradley Fair Second Addition, Project No. 472-82731 (south of 21st, east of Webb) ($200,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Bradley Fair Parkway from the east line of Lot 2, Block 1, Bradley Fair Second Addition to the south line of 21st Street, and; sidewalk along both sides of Bradley Fair Parkway from the east line of Lot 2, Block 1, Bradley Fair Second Addition, to the south line of 21st Street, Project No. 472-82732 (south of 21st, east of Webb) ($630,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 68, Main 22, War Industries Sewer, (south of 21st, east of Webb) Project No. 468-82600 ($30,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 69, Main 22, War Industries Sewer, (south of 21st, east of Webb) Project No. 468-82601 ($75,000 S.A.) (Hold for development) Storm Water 100 Percent Petition for construction of Storm Water Drain No. 119, Project No. 468-82602 (south of 21st, east of Webb) ($300,000 S.A.) (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-89035 (south of 21st, east of Webb) ($75,000 S.A.) (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-89036 (south of 21st, east of Webb) ($24,000 S.A.) (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-89037 (south of 21st, east of Webb) ($65,000 S.A.) (Hold for development) Motion -- Cole 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-3177 and Z-3190 Ordinances be placed on first reading with publication of the Ordinance being withheld until such time as the plat has -- carried been recorded with the Register of Deeds. Motion carried 5 to 0. (Ferris, Kamen; absent) RESOLUTION NO. R-96- 204 Resolution of findings of advisability and Resolution authorizing improving of left turn lane on 21st Street North to serve Bradley Fair Boulevard, Project No. 472- 82728 (south of 21st, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 205 Resolution of findings of advisability and Resolution authorizing installation of a fully actuated traffic signal and pavement markings as necessary, traffic signal to serve the intersection of Rockhill/Bradley Fair Parkway and Rock Road, (south of 21st, east of Webb) Project No. 472-82729 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 206 Resolution of findings of advisability and Resolution authorizing improving of right turn lane on Rock Road to serve Bradley Fair Parkway and Lot 1, Block 1, Bradley Fair Second Addition; left turn lane and median from the north line of Rock Road Court to the north line of Lot 1, Block 1, Bradley Fair Second Addition, and; median reconstruction from the northline of Lot 1, Block 1, Bradley Fair Second Addition, to the south line of 21st Street, Project No. 472-82730 (south of 21st, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 207 Resolution of findings of advisability and Resolution authorizing improving of Bradley Fair Parkway from the east line of Rock Road to the east line of Lot 2, Block 1, Bradley Fair Second Addition, and; sidewalk along both sides of Bradley Fair Parkway from the east line of Rock Road to the east line of Lot 2, Block 1, Bradley Fair Second Addition, Project No. 472-82731 (south of 21st, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 208 Resolution of findings of advisability and Resolution authorizing improving of Bradley Fair Parkway from the east line of Lot 2, Block 1, Bradley Fair Second Addition to the south line of 21st Street, and; sidewalk along both sides of Bradley Fair Parkway from the east line of Lot 2, Block 1, Bradley Fair Second Addition, to the south line of 21st Street, Project No. 472-82732 (south of 21st, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 209 Resolution of findings of advisability and Resolution authorizing construction of Lateral 68, Main 22, War Industries Sewer, (south of 21st, east of Webb) Project No. 468- 82600 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 210 Resolution of findings of advisability and Resolution authorizing construction of Lateral 69, Main 22, War Industries Sewer, (south of 21st, east of Webb) Project No. 468- 82601 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 211 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 119, Project No. 468-82602 (south of 21st, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 212 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89035 (south of 21st, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 213 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89036 (south of 21st, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 214 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89037 (south of 21st, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. 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-3177 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-3190 S/D 95-82 S/D 95-82 - PLAT OF THE SAVANNA AT CASTLE ROCK RANCH EIGHTH ADDITION LOCATED WEST (Item No. 37) OF 143RD STREET EAST AND NORTH OF 13TH STREET NORTH. Agenda Report No. 96-432. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) Although this plat is a replat of a recently approved subdivision, new petitions, all 100%, have been resubmitted for sanitary sewer, municipal water, drainage, and paving (including paving of adjacent 143rd Street East) improvements. While the water petitions will be with the City, other petitions will be handled by the County. Certificates of Petitions (City and County) have also been submitted. Since this site will use a City of Wichita water line in 143rd Street East, an Outside-the-City water agreement has been submitted. Because of the manner in which this area is being replatted, restrictions (a covenant) were required on the development of the remaining portion of the original plat (Savanna at Castle Rock Ranch 6th). In order to provide for the ownership and maintenance of Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking for lots adjacent to narrow streets, this covenant also requires that four (4) off-street spaces be provided for each such lot. In order to allow for the platting of streets with narrow or nonstandard right-of-way dedication, 15-foot street, drainage and utility easements were platted with this restrictive covenant further limiting how these easements can be used. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Water Agreement, Restrictive Covenants, Certificates of Petitions from Castle Rock Ranch, Inc. Water 100 Percent Petition for construction of Water Distribution System Number 448-89048 (north of 13th, west of 143rd Street East) ($45,000 S.A.) (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-89049 (north of 13th, west of 143rd Street East) ($55,000 S.A.) (Hold for development) Motion -- Cole 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. (Ferris, Kamen; absent) RESOLUTION NO. R-96- 215 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89048 (north of 13th, west of 143rd Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 216 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89049 (north of 13th, west of 143rd Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. S/D 96-8 S/D 96-8 - PLAT OF THE WEBB ROAD COMMERCIAL ADDITION LOCATED SOUTH OF 21ST STREET NORTH AND WEST OF WEBB ROAD. (District II) Agenda Report No. 96-433. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) Petitions, all 100%, have been submitted for sanitary sewer, municipal water and traffic improvements (decel lane). A Certificate of Petitions has also been submitted. This site is within the noise impact area of McConnell AFB, and an avigational easement and restrictive noise covenant were required. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Avigational Easement, Restrictive Covenant, and Certificate from Wilson Estates. Water 100 Percent Petition for construction of Water Distribution System Number 448-89043 (east of 21st, west of Webb) ($27,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 30, Main 24, War Industries Sewer (east of 21st, west of Webb) ($80,000 S.A.) (Hold for development) Paving 100 Percent Petition for construction of a deceleration lane in Webb Road, Project No. 472-82725 (east of 21st, west of Webb) ($50,000 S.A.) (Hold for development) Motion -- Cole 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. (Ferris, Kamen; absent) RESOLUTION NO. R-96- 217 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89043 (east of 21st, west of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 218 Resolution of findings of advisability and Resolution authorizing construction of Lateral 30, Main 24, War Industries Sewer (east of 21st, west of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 219 Resolution of findings of advisability and Resolution authorizing construction of a deceleration lane in Webb Road, Project No. 472-82725 (east of 21st, west of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. S/D 96-17 S/D 96-17 - PLAT OF THE LARK THIRD ADDITION LOCATED SOUTH OF KELLOGG AND WEST OF (Item No. 39) LARK. (District V) Agenda Report No. 96-434. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (10-1) Petitions, all 100%, have been submitted for sanitary sewer, municipal water, storm sewer and paving improvements. A Certificate of Petitions has also been submitted. As required by this site's sanitary sewer and utility plan, off-site utility easements have been submitted. A dedication for a temporary off-site turnaround has also been provided. 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. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Restrictive Covenant and Certificate from Paul Kelsey, and Easement and Dedication from John and Marilyn Dugan. Water 100 Percent Petition for construction of Water Distribution System Number 448-89051 (south of Kellogg, east of 119th Street West) ($71,000 S.A.) (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-89052 (south of Kellogg, east of 119th Street West) ($127,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 13, Main 13, Southwest Interceptor Sewer (south of Kellogg, east of 119th Street West) Project No. 468-82611 ($215,000 S.A.) (Hold for development) Sewer 100 Percent Petition for construction of Lateral 14, Main 13, Southwest Interceptor Sewer (south of Kellogg, east of 119th Street West) Project No. 468-82612 ($157,500 S.A.) (Hold for development) Storm Water Drain 100 Percent Petition for construction of Storm Water Drain No. 121 (south of Kellogg, east of 119th Street West) Project No. 468-82613 ($225,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Dora from the west line of Lot 34, Block 5, to the east line of Prescott Circle; Prescott from the east line of Prescott Circle to the south line of Carr Avenue; Shefford from the south line of Lark Third Addition to the south line of Dora; Esthner from the east line of Prescott to the east line of Lark Third Addition; Dora Court from the south line of Dora to and including the cul-de-sac; Prescott Circle from the south line of Dora to and including the cul-de- sac, and; sidewalk along one side of Prescott and Dora and along Esthner and Shefford, Project No. 472-82726 (south of Kellogg, east of 119th Street West) ($321,500 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Carr Avenue from the east line of Lark Third Addition to the west line of Lark Third Addition; Shefford Circle from the south line of Carr Avenue to and including the cul-de-sac and from the north line of Carr Avenue to and including the cul-de-sac; Prescott Circle from the north line of Carr Avenue to and including the cul-de-sac, and; sidewalk along both sides of Carr Avenue, Project No. 472-82727 (south of Kellogg, east of 119th Street West) ($324,000 S.A.) (Hold for development) Motion -- Cole 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. (Ferris, Kamen; absent) RESOLUTION NO. R-96- 220 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89051 (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. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 221 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89052 (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. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 222 Resolution of findings of advisability and Resolution authorizing construction of Lateral 13, Main 13, Southwest Interceptor Sewer (south of Kellogg, east of 119th Street West) Project No. 468-82611 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 223 Resolution of findings of advisability and Resolution authorizing construction of Lateral 14, Main 13, Southwest Interceptor Sewer (south of Kellogg, east of 119th Street West) Project No. 468-82612 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 224 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 121 (south of Kellogg, east of 119th Street West) Project No. 468- 82613 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 225 Resolution of findings of advisability and Resolution authorizing improving of Dora from the west line of Lot 34, Block 5, to the east line of Prescott Circle; Prescott from the east line of Prescott Circle to the south line of Carr Avenue; Shefford from the south line of Lark Third Addition to the south line of Dora; Esthner from the east line of Prescott to the east line of Lark Third Addition; Dora Court from the south line of Dora to and including the cul-de-sac; Prescott Circle from the south line of Dora to and including the cul-de- sac, and; sidewalk along one side of Prescott and Dora and along Esthner and Shefford, Project No. 472-82726 (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. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. RESOLUTION NO. R-96- 226 Resolution of findings of advisability and Resolution authorizing improving of Carr Avenue from the east line of Lark Third Addition to the west line of Lark Third Addition; Shefford Circle from the south line of Carr Avenue to and including the cul-de-sac and from the north line of Carr Avenue to and including the cul-de-sac; Prescott Circle from the north line of Carr Avenue to and including the cul-de-sac, and; sidewalk along both sides of Carr Avenue, Project No. 472-82727 (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. Cole moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Kamen; absent) Yeas: Cather, Cole, Gale, Rogers, Knight. D-1702 D-1702 - DEDICATION OF UTILITY EASEMENT AND ACCESS CONTROL TO 29TH STREET NORTH (Item No. 40) IN AN AREA WEST OF ARKANSAS. Agenda Report No. 96-435. As a condition of an approved lot split (L/S- 871), the applicant was required to grant additional utility easement adjacent to an existing easement and dedicate access control to the adjacent arterial (29th Street North). The dedication has been reviewed and approved by the Planning Commission. Motion -- Cole moved that the Dedication be accepted and the documents be recorded -- carried with the Register of Deeds. Motion carried 5 to 0. (Ferris, Kamen; absent) D-1703 D-1703 - DEDICATION OF UTILITY EASEMENT AND ACCESS CONTROL TO GROVE IN AN AREA NORTH OF LINCOLN. Agenda Report No. 96-436. MAPC Recommendation: Accept the dedication. As a requirement of an approved lot split (L/S-920), the applicant was required to grant additional easement adjacent to an existing easement and dedicate access to Grove Street from the adjacent property and Grove Drive. The dedication has been reviewed and approved by the Planning Commission. Motion -- Cole moved that the Dedication be accepted and the documents be recorded -- carried with the Register of Deeds. Motion carried 5 to 0. (Ferris, Kamen; absent) V-1959 V-1959 - REQUEST TO VACATE A UTILITY EASEMENT IN AN AREA EAST OF WOODLAWN AND SOUTH OF 29TH STREET NORTH. (District I) Agenda Report No. 96-437. Staff Recommendation: Approve vacation of utility easement. MAPC Recommendation: Approve vacation of utility easement. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Rogers moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 5 to 0. (Ferris, Kamen; absent) V-1960 V-1960 - REQUEST TO VACATE A UTILITY EASEMENT IN AN AREA WEST OF ROCK AND SOUTH OF 37TH STREET NORTH. (District II) Agenda Report No. 96-438. Staff Recommendation: Approve vacation of utility easement. MAPC Recommendation: Approve vacation of utility easement. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried Motion carried 5 to 0. (Ferris, Kamen; absent) V-1962 V-1962 - REQUEST TO VACATE A UTILITY EASEMENT NORTH OF CENTRAL AND EAST OF 119TH STREET WEST. (District V) Agenda Report No. 96-439. Staff Recommendation: Approve vacation of utility easement. MAPC Recommendation: Approve vacation of utility easement. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 5 to 0. (Ferris, Kamen; absent) COMPREHENSIVE PLAN COMPREHENSIVE PLAN AMENDMENT. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-440. The "Development Plan for Downtown Wichita" was officially adopted by the Metropolitan Area Planning Commission in 1989, and was referenced in the 1993 Comprehensive Plan, "Preparing for Change," as the official plan element for Wichita's downtown area. The downtown plan, commonly known as the "RTKL Plan" in recognition of the consultants who prepared it, has served well as a guide to downtown development since its adoption. Nearly all of the plan's recommendations have been implemented or are being actively pursued. However, in reviewing the necessary steps to complete the development of the proposed new Science Center, it was determined that the downtown plan needs to be amended. Because the Science Center site was acquired under urban renewal authority, any "transfer" of the land must be for a use that is consistent with the urban renewal plan. The 1972 general urban renewal plan still identifies the land and the surrounding area along the West Bank for "industrial" uses, so the plan must be amended to reflect the "public buildings" that are planned. In Order to amend the urban renewal plan, the Planning Commission and the City Council must review the general plan for the community and find that the proposed urban renewal amendment is consistent with the general plan. The 1989 downtown plan identified the Science Center site, along with nearby land to the south and west, for residential and support retail development. The plan also called for the improvement of McLean Boulevard "in place." Therefore, the Planning Commission is proposing that the downtown development plan be amended to reflect the arrangement of uses now planned for the west bank area. On April 25, 1996, the MAPC recommended approval, by a vote of 12-0, of the following amendments to the downtown plan: 1. McLean Boulevard be designated in the new alignment west of the Arkansas River, between Seneca Street and Douglas Avenue, which was approved by the City Council in 1995. 2. The land between the Arkansas River and realigned McLean Boulevard be designated for the proposed new Science Center north of Second Street, and for the outdoor amphitheater south of Second Street. The land west of McLean Boulevard in this area is probably still appropriate for residential use, as indicated in the downtown plan. No other changes are proposed to the plan at this time. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the amendments to the downtown element of the Comprehensive Plan, as recommended by the MAPC, be adopted; and the Ordinance be placed on -- carried first reading. Motion carried 5 to 0. (Ferris, Kamen; absent) ORDINANCE An Ordinance amending the Comprehensive Plan, under the authority granted by K.S.A. 12-747, and as approved by the Wichita-Sedgwick County Metropolitan Area Planning Commission, introduced and under the rules laid over. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to potential litigation, legal advice, and contract negotiations, and the regular meeting be resumed at 12:50 p.m. in the -- carried City Council Chambers. Motion carried 5 to 0. (Ferris, Kamen; absent) RECESS Council recessed at 12:30 p.m. and reconvened in regular session at 12:54 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 12:54 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 161 MAY 21, 1996 Page