MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, May 9, 2000 Tuesday, 9:03 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Lambke, Martz, Pisciotte, Rogers; present. *Council Member Gale absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Daisy Kabagarama. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- approved The minutes of the regular meeting of May 2, 2000, were approved 7 to 0. AWARDS AND PRESENTATIONS *Council Member Gale present. PROCLAMATIONS Proclamations previously approved were presented. NEW BUSINESS KDOT AGREEMENT WITH THE KANSAS DEPARTMENT OF TRANSPORTATION FOR RECONSTRUCTION OF I-135. (Districts I and VI) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 00-0447. The Kansas Department of Transportation (KDOT) has retained Professional Engineering Consultants (PEC) to design improvements to I-135 from the north end of the elevated section (between 17th and 21st Streets North) to approximately 37th Street. The proposed improvements include modifications to the interchange at 21st Street, reconstruction of the roadway and softening of the curves. Construction is not anticipated to begin for two to three years. Because this section of I-135 is located within the city limits, it is necessary for the City and KDOT to enter into an agreement for this construction project. This project is being presented to the City Council because the project impacts 21st Street North, in that the project could close 21st Street North in order to rebuild the interchange. KDOT has researched alternatives to construct the project in a different manner to reduce inconvenience, but also be cost conscious. The four alternatives are summarized below. Alternative One: ? I-135 traffic is maintained. Ramps at 21st Street used for I-135 traffic. ? No access from I-135 to 21st Street during construction. ? Urban/diamond ramps at 21st Street constructed. ? Close 21st Street for approximately 9 months. ? Project at 21st Street would take 12 months to build. ? Project cost is $26,000,000. Alternative Two: ? I-135 traffic is maintained. Center lanes built first and then outside lanes. ? No access from I-135 to 21st Street during construction. ? Urban/diamond ramps at 21st Street constructed. ? Traffic on 21st Street North is maintained. ? Project at 21st Street North would take 24 months to build. ? Project cost is $27,400,000. Alternative Three: ? I-135 traffic is maintained. Build I-135 one half at a time. ? Traffic on 21st Street North is maintained. ? Urban/diamond ramps at 21st Street constructed. ? Project at 21st Street would take 24 months to build. ? Project cost if $26,750,000. Alternative Four: ? I-135 traffic is maintained. Widening occurs under traffic. ? Ramps at 21st Street North rebuilt in current configuration. ? Traffic is maintained on 21st Street. ? Project at 21st Street would take 16-18 months to build. ? Project cost is $26,750,000. The alternatives shown reflect a construction time frame at 21st Street North, but does not include the remainder of the work north of 21st Street. The time to finish the work north of 21st Street North is estimated to be another 12 months. The District Advisory Board voted to recommend Alternative One. The project will be funded from the KDOT budget; no City funds are involved. Mayor Knight Mayor Knight inquired whether anyone wished to be heard. Bob Connor Bob Connor, owner of the Amoco Station at 2001 East 21st Street North, said Alternate #1 would make 21st Street a dead-end one-fourth mile west of his business. Twenty-First Street carries 21,000 cars per day. It is estimated that up to 90 percent of the traffic would no longer come by his business if the street were closed. Mr. Connor said his main concern is keeping Amoco open seven days a week when a lot of the traffic is lost. James Barfield James Barfield stated that if Alternate #1 is approved, it will be the most expensive because of the economic impact and hardship on the 21st Street merchants. The businesses serve and provide vital goods and services in an area where there is a lack of goods and services. Alternate #3 would allow 21st Street to remain open. Mr. Barfield asked that 21st Street remain open. Mr. Barfield also mentioned a possible conflict of interest regarding purchase of property on 21st Street. Council Member Rogers Council Member Rogers said all businesses along 21st were invited to help arrive at a conclusion. The difficulties are to a different degree to different businesses. Business comes from different directions and it is believed traffic can be rerouted to allow access to businesses. Everything possible will be done to ensure access to businesses. Traffic will be rerouted and signage will be prevalent. Gary Rebenstorf Director of Law said there was not a conflict of interest with regard to the real estate purchase question. Mayor Knight Mayor Knight said he would utilize the service station to try to lessen the impact. Motion -- Rogers moved that Alternative One be approved, as follows: ? I-135 traffic is maintained. Ramps at 21st Street used for I-135 traffic ? No access from I-135 to 21st Street during construction ? Urban/diamond ramps at 21st Street constructed ? Close 21st Street for approximately 9 months ? Project at 21st Street would take 12 months to build ? Project cost is $26,000,000; the Agreement be approved; Staff be instructed to provide adequate signage and communication to the general public to lessen the impact of construction for those involved on 21st Street; and the necessary signatures be -- carried authorized. Motion carried 7 to 0. Mayor Knight momentarily absent; Vice Mayor Lambke in the Chair. CITY OF BEL AIRE 37TH STREET – OLIVER TO WOODLAWN. (Districts I and II) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 00-0448. The City of Bel Aire has requested the Metropolitan Area Planning Department change the priority of projects submitted under the Surface Transportation Program in the TIP. The City of Bel Aire is seeking to have its number one priority of 37th Street North (from Oliver to Woodlawn) replaced by Woodlawn (37th Street North to 49th Street North). The two sections of roadway listed above are both two-lane facilities described below: (1) 37th Street North has deep ditches for drainage with inadequate shoulders (6-12”) for motorists to pull off onto if vehicular problems exist, thus causing potential traffic hazards. Traffic volumes on 37th Street North between Oliver and Woodlawn is 6,400 vehicles per day with 27 drive approaches (23 on the north side and four on the south side). Seventeen accidents occurred within this mile stretch from January 1995 to January 2000. One additional accident occurred at 37th and Oliver and twelve accidents occurred at 37th and Woodlawn. Currently, 37th Street North is a four-lane facility from Hillside to Oliver, and Woodlawn to Rock Road. Constructing 37th Street North from Oliver to Woodlawn will provide continuity from Hillside to Rock Road, thus accomplishing the reason it was programmed into the TIP a number of years ago. (2) Woodlawn, north of 37th to 49th also has areas with deep ditches; however, it currently has wide asphalt shoulders to pull over onto if vehicle problems exist. Traffic volumes on Woodlawn north of 37th Street North is 12,500 vehicles per day with 14 drive approaches between 37th and 45th (seven on each side) and 11 drive approaches between 45th and 49th (seven on the west side and four on the east side). Twenty-eight accidents occurred on Woodlawn between 37th & 45th within the same time period. There were not any accidents reported north of 45th Street. Woodlawn is a four-lane facility south of 37th Street and is a two-lane facility from 37th Street to K-254. Bel Aire has annexed to the centerline of 37th Street between Oliver and Woodlawn. The south half of 37th Street is still Sedgwick County’s responsibility. The City of Wichita’s city limits extend to the south right-of-way line of 37th Street in this mile and east of the east right-of-way line of Woodlawn. Surface Transportation Program (STP) funds are available from the Federal Highway Administration through the Kansas Department of Transportation (KDOT) for projects in the “urbanized areas”. $5.7 million of Federal monies are allocated each year to the Wichita Urbanized Area (to include Bel Aire, Eastborough, Haysville, Kechi, and Park City) for STP projects. The Metropolitan Area Planning Commission is the Metropolitan Planning Organization responsible for weighing the needs and allocating funds for this area. In years past, the majority of the monies have been allocated to the City of Wichita. Currently, Park City has a mile of pavement on 61st Street North (Broadway to Hydraulic) scheduled in the TIP proposed to be let in March 2001. The City Of Wichita and Sedgwick County were ready to commit funds to construct 37th Street North, from Oliver to Woodlawn, at its scheduled time in the TIP. Widening 37th Street North from Oliver to Woodlawn has greater benefits to Wichita than does Woodlawn; namely providing continuity to the east and west and improving drainage, thus eliminating the narrow shoulders. Bel Aire’s request to construct Woodlawn – 37th Street to 49th Street ($4.4 million project) has greater project costs than the 37th Street project, thus it would take more funds away from other programmed projects in the TIP, consequently, delaying projects already programmed. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion -- Pisciotte moved that the MAPC 37TH Street North Project remain as it is programmed in the Transportation -- carried Improvement Program. Motion carried 7 to 0. DRAINAGE CANAL TENTH STREET DRAINAGE OUTFALL AT WICHITA DRAINAGE CANAL. (District I) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 00-0449. In 1983, the City Council authorized the engineering firm of Mid-Kansas Engineering Consultants (MKEC) to develop a preliminary engineering report on various drainage problems in the area bounded by I-135 on the west, 18th Street on the north, Hillside on the east, and 9th Street on the south. At that time, this area was known as Area “K”. The result of the Area “K” drainage study recommended several capital drainage projects. The projects recommended included: 1. The 3rd Street drainage project (completed) 2. .Improvements to the Wichita Drainage Canal from English to 17th Street A. English to 10th Street (under construction) B. 10th Street to 17th Street (in final design) 3. Improvements to various storm sewer system outlets to the Drainage Canal, including one at 10th Street in the vicinity of the KU Medical School, the Wichita-Sedgwick County Department of Community Health, and the Sedgwick County Forensic Center. The area around 10th Street between the Drainage Canal and Piatt Street is particularly vulnerable to flooding because of the lack of storm sewers in the old Area “K” located to the north, which causes water in the basin to spill over divides during heavy storms which ultimately comes to rest on 10th Street, backing up as it waits to get into the Drainage Canal. On June 13, 1997, water ponded on 10th Street and flooded portions of the KU Medical Center. Extensive damage was also done to the Sedgwick County Forensic Building. The 10th Street Outfall Drainage Project would enlarge the storm sewers in this area, greatly improving drainage, and give the City the ability in the future to extend larger sewers to the east and north improving drainage in other sections of Area “K”. This project would include a larger storm sewer system in 10th Street between the Drainage Canal and Minnesota Street. Once this improvement is made and the Drainage Canal work is complete, the critical facilities in the neighborhood would have a highly reduced flood risk compared to what they have today. The estimated cost to construct this project is $1,370,000. Funding for this project is approved in the City’s current 2000-2001 Capital Budget. Project costs will be paid through storm water utility fees. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion -- Rogers moved that the project and expenditure be approved; the Resolution be adopted; and the necessary -- carried signatures be authorized. Motion carried 7 to 0. RESOLUTION NO. R-00-197 A Resolution authorizing the issuance of bonds by the City of Wichita at Large for public improvements in the Tenth Street drainage outfall - Construction (SW868002), presented. Rogers moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight.. INCENTIVES REPORT REDEVELOPMENT INCENTIVES REPORT. Terry Cassady Development Assistant Director reviewed the Item. Agenda Report No. 00-0450. On February 1, 2000, Staff presented to the City Council 50 recommendations for redevelopment/revitalization of Wichita’s core area. These recommendations focused on four categories: (1) Regulatory Barriers, (2) Leveraging Resources/Financial Incentives, (3) Enhanced Services, and (4) Marketing of Incentives. Council directed staff to: (1) refer the proposed incentives to various advisory boards for review/comment on the report; and (2) develop action plans for implementation of top priorities and return for Council consideration. The boards that reviewed the Incentives Report included the Metropolitan Area Planning Commission, Park and Recreation Board, Housing Advisory Board, and Board of Code Standards and Appeals. Following are the respective comments: MAPC: ? The boundaries should be expanded; (recommended utilizing boundaries in the Comprehensive Plan update). ? Focus on strategies to attract and retain middle and upper income residents to achieve balanced populations in core neighborhoods. ? Stakeholders should have included more core neighborhood residents. ? Economic development marketing recommendations relate to the entire city. Housing: ? Support use of incentives to build new single-family homes and for economic development projects since services and other infrastructure are already in place. ? The economic development initiatives will make retail more convenient for older neighborhoods. ? Reuse of existing buildings is encouraged to revitalize and reduce blight. ? A strategy for improving transportation in core areas should be added. ? Older neighborhood revitalization favored over fringe area development. ? Incentives should be developed that encourage socio-economic diversity. ? Code provisions that allow remodeling in the older neighborhoods would be beneficial. Park and Recreation Board: ? One question raised about neighborhood involvement in the development of the report. ? Another comment expressed disapproval of the incentives being targeted in the core area. Board of Code Standards and Appeals: ? Members supported the adoption of a rehabilitation code and would support implementation. In the original report presented to Council, Staff identified two tiers of recommendations: (1) those that could be implemented immediately; and (2) those that require considerable time, work and/or resources to implement. The financial impact of implementing the proposed incentives will, to a large degree, depend upon the specific programs that will ultimately be developed. As specific programs/incentives are further refined, actual financing will accompany the incentives for consideration. It is anticipated that many of the programs dependent upon the City government can be implemented within the current budget, designated or targeted federal/state assistance allocations, or be programmed in the upcoming annual operating budget. Some of the infrastructure enhancements will be dependent upon inclusion of Capital Improvement Program. Many of the incentives will require significant Staff time and reassignments to develop and administer. Wherever possible, specific funding sources have been identified. Legal reviews will be made prior to the implementation of the proposed incentives/programs to assure compliance with local ordinances and State statutes. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Chris Cherches City Manager, responding to a question, said the incentives would be included in the Comprehensive Plan. Motion -- Pisciotte moved that the report be received and the proposals/recommendations contained in the report be -- carried authorized. Motion carried 7 to 0. EATON RENOVATION HUD MINI ONE-YEAR ACTION PLAN; EATON BLOCK RENOVATION. Roy Johnson Director of Housing reviewed the Item. Agenda Report No. 00-0451. December 14, 1999, the City Council approved an amendment to the HOME agreement to provide for a loan from the HOME Investment Partnerships Program in the amount of $210,000, in order to complete the financing necessary for the renovation of the Eaton Block. The HOME loan is to be allocated from the City’s 2000-2001 federal HOME grant. HUD regulations permit eligible project costs to be incurred during the current program year, in an amount not to exceed 25% of the current HOME allocation amount, which may be charged to the following year’s HOME allocation. The HOME loan does not exceed the 25% threshold. In order to commit this funding to the project, HUD requires the City to: (1) develop a mini-action plan which describes the proposed pre-award project and costs, (2) publish for thirty day public comment the proposed use of the funds; (3) hold a public hearing to receive public comment; and, (4) approve the Mini-Action Plan. The allocation of 2000-2001 HOME funds is subject to the future availability of funds. The 2000-2001 grant year begins July 1, 2000. A thirty-day public comment period is required for the Mini-Action Plan. The comment period has expired, and no comments were received. A public hearing must be held before the Mini-Action Plan may be approved. An amendment to the HOME agreement, which includes a provision for the additional funding, as well as other technical amendments in connection with cost allocation and the designation of HOME-assisted units, has been drafted and approved as to form by the Law Department. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion -- Cole moved that the public hearing be closed; the Mini-Action Plan and amendments to the HOME Agreement -- carried be approved; and the necessary signatures be authorized. Motion carried 7 to 0. RETIRED/REHIRE WICHITA EMPLOYEES’ RETIREMENT SYSTEM AND POLICE AND FIRE RETIREMENT SYSTEM REHIRING OF RETIREES. Ray Trail Director of Finance reviewed the Item. Agenda Report No. 00-0452 In 1976, the City Council approved ordinance revisions permitting retirees meeting certain criteria to be rehired in positions covered by the retirement System in which they were not originally members. Such rehired retirees were permitted to receive their pension benefits, but were not allowed to participate in the new retirement System. Since that time, several individuals with specialized skills were rehired and receive both a pension benefit and salary as a City employee. In 1998, the law firm of Ice, Miller, Donadio & Ryan (the Firm) was retained by the Retirement Boards to review City ordinances for compliance with Internal Revenue Code requirements for Plan qualification. As a result of that review, the Firm, determined that the practice of rehiring retirees and allowing them to receive both a pension benefit and salary at the same time and not allowing them to participate in the retirement Plan associated with the rehired position, was not in compliance with such requirements. It is the desire of both Boards to seek new qualification letters from the Internal Revenue Service. The Firm has indicated that removal of the rehiring provisions is necessary prior to completion of the qualification process. Both Retirement Boards approved proposed ordinance revisions at their April 26, 2000 meetings to remove this provision. Continuing tax-exempt status of the Retirement Systems is dependent upon these revisions. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion -- carried Cole moved that the Ordinances be placed on first reading. Motion carried 7 to 0. CHARTER ORDINANCE A Charter Ordinance of the City of Wichita, Kansas, amending Charter Ordinance No. 146 related to the Police and Fire Retirement System of the City of Wichita and repealing the original of the amended section, introduced and under the rules laid over. ORDINANCE An Ordinance amending Section 2.28.070 of the Code of the City of Wichita, Kansas, pertaining to the incorporation of revisions to the Wichita Employees’ Retirement System, introduced and under the rules laid over. CITY COUNCIL AGENDA APPOINTMENTS BOARD/COMMISSION APPOINTMENTS. There were no appointments made. PROCLAMATION PROCLAMATION: --National Preservation Week Motion -- carried Knight moved that the Proclamation be approved. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 16a and 17, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MAY 8, 2000. Bids were opened May 5, 2000, pursuant to advertisements published on: Paving Regency Lakes from the south line of Lot 22, Block 1, to the west line of Lot 29, Block 1; Mainsgate from the west line of Lot 29, Block 1, to the west line of Brandon Circle; Brandon from the west line of Brandon Circle south to the south line of Lot 56, Block 1; Regency Lakes Court from the north line of Ayesbury to and including the cul-de-sac; Mainsgate Court from the north line of Mainsgate to and including the cul-de-sac; Brandon Circle from the north line of Mainsgate to and including the cul-de-sac to serve Regency Lakes Addition - north of 21st Street North, west of Greenwich Road. (472-82812 /765620/490731) Does not affect existing traffic. City Council approval date: 04/15/1997. (District II) Cornejo & Sons Construction - $301,603.75 Paving Suncrest from the west line of Westridge Village Addition to the west line of Holland Lane to serve Westridge Village Addition - west of Ridge, north of 13th Street North. (472-82504/762765/490379) Does not affect existing traffic. City Council approval date: 10/25/1994. (District V) Ritchie Paving - $42,560.50 Storm Water Sewer No. 531 to serve Wilson Farms Second Addition - south of 21st Street North, west of Webb. (468-83058/751285/485176) Does not affect existing traffic. City Council approval date: 02/15/2000. (District II) Nowak Construction - $82,927.00 NE Transmission Line Phase 2A from Shocker Drive to Woodlawn Avenue - south of 21st Street North, east of Hillside (448-89465/632540/750213) Traffic to be maintained during construction using flagpersons and barricades. City Council approval date: 07/18/1995. (District I) WB Carter Construction - $1,185,731.00 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 and the necessary signatures be authorized. Motion carried 7 to 0. HOUSING SERVICES DEPARTMENT; PUBLIC HOUSING DIVISION: Driveway, Sidewalk, Porch Step Replacement, and Wheelchair Ramp Installation. (127803) Barkley Construction - $19,300.00 (Group I/lump sum total) $17,200.00 (Group II/lump sum total) P & S Construction Co., L.L.C. - $23,287.00 (Group III/lump sum total) $14,393.00 (Group IV/lump sum total) $19,075.00 (Group V/lump sum total) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Furniture – Pews. (792310) National Equipment & Furniture - $7,344.00 (1% 10/Net 30) PARK DEPARTMENT RECREATION DIVISION: New Current Model Desktop Copy Machine. (785725) Electronic Business Machines, Inc. - $11,990.00 (Total base bid) $13.50 (Total Option 1/per copier/per month) $ 0.0135 (Total cost/per copy) PARK DEPARTMENT/RECREATION DIVISION: Exercise Equipment. (785725) Home Fitness - $6,390.00 (Item 1/total net bid) Mid-States Fitness Equipment - $3,490.00 (Item 2/total net bid) Nautilus - $9,692.50 (Item 3/total net bid) WATER & SEWER DEPARTMENT/SEWER MAINTENANCE DIVISION: Foaming Root Control Herbicide. (184804) Airrigation Engineering Co., Inc. - $96,000.00 (Total net bid - 2% 10 Net 30) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. LICENSE APPS. APPLICATION FOR LICENSE FOR ADULT ENTERTAINMENT ESTABLISHMENTS/SERVICES. Renewal – Escort Service. George Watley Enter 2000 1328 East Douglas Motion -- carried Knight moved that the license be approved subject to Staff approval. Motion carried 7 to 0. APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES: Renewal 2000 (Consumption on Premises) Miguel Reyes Rostizeria Los Reyes* 512 West 21st Street Juvenal G. Fernandez La Mexicana Restaurant* 408 West 21st Street Ron Barnhart AB of Wichita I, LLC 310 North Rock Road dba Atomic Burrito* Thang D. Dao Emperor of China Restaurant* 7011 West Central #116 New Establishment 2000 (Consumption off Premises) Charlotte Robson Wichita Marriott Hotel 9100 Corporate Hills Drive New Operator (Consumption on Premises) Gwenda Vandaveer Tropic’s Lounge* 2705 North Broadway *General/Restaurant -- 50% or more of gross receipts derived from sale of food. Motion -- carried Knight moved that the licenses be approved subject to Staff approval. Motion carried 7 to 0. PLANS AND SPECS SUBDIVISION PLANS AND SPECIFICATIONS. There were no sub-division plans and specifications submitted. PRELIMINARY EST. PRELIMINARY ESTIMATES: a) 2000 condemned sidewalk and wheelchair ramps - Phase I - at various locations. (/132100/785011/ 399125) Traffic to be maintained during construction using flagpersons and barricades. City Council approval date: 08/10/1999. $201,530.00 b) Water distribution system to serve Aberdeen Third Addition - north of 21st, east of 119th Street West. (448-89402/734958/470628) Does not affect existing traffic. City Council approval date: 06/22/1999. (District V) - $230,000.00 c) Lateral 137, Main 4, Sanitary Sewer No. 23 to serve Walnut Grove Addition - west of Arkansas, north of 33rd Street North. (448-83022/743814/480502) Traffic to be maintained during construction using flagpersons and barricades. City Council approval date: 09/14/1999. (District VI) - $11,000.00 d) 2000 contract maintenance raising and under-sealing concrete slabs by foam jacking. south of Harry and west of McLean. (/132274/) Traffic to be maintained during construction using flagpersons and barricades. City Council approval date: 12/07/1999. - $106,000.00. Motion -- carried Knight moved that the Preliminary Estimates be approved and filed. Motion carried 7 to 0. STREET CLOSURES STREET CLOSURE: WEST STREET AT CENTRAL. (Districts IV & VI) Agenda Report No. 00-0482. Wildcat Construction Company, Inc. has subcontracted with Cornejo and Sons, Inc. to install a new water line in conjunction with the improvements on Central between West Street and I-235. Wildcat is requesting a two-day partial closure of West Street to remove and replace a section of an old, existing line within the intersection area. The work is expected to begin on Thursday, May 11, 2000 or Friday, May 12, 2000. The contractor is responsible for the construction barricades and signs necessary to accomplish the traffic control. During the removal process West Street traffic will be limited to one through lane each direction. Although southbound left turns from West Street to eastbound Central must be prohibited, the northbound West Street turns to westbound Central will be maintained. Central Street traffic will be maintained as it has been during the construction with one through lane each direction and left turns to West Street allowed. Motion -- carried Knight moved that the street closure be approved. Motion carried 7 to 0. SOUTH LAKES SPORTS SOUTH LAKES SPORTS COMPLEX. (District IV) Agenda Report No. 00-0453 South Lakes Sports Complex currently consists of sixteen soccer fields, four-lighted softball diamonds, two concession/restroom buildings, and parking. The addition of four–lighted softball fields, concession/restroom building, bleachers, shade shelters, press boxes, plaza, fencing, additional parking areas and other related improvements are required to complete the park improvements. On January 25, 2000, City Council approved the project to complete the needed improvements and authorized the Staff Screening and Selection Committee to select a design consultant. Requests for Proposals were mailed to thirty architectural firms. Responses were received from five firms as follows: Gossen Livingston Associates, Howard & Helmer, Law/Kingdon, Inc., PBA Architects, and Randal Steiner. The Staff Screening and Selection Committee interviewed Gossen Livingston Associates, PBA Architects, and Randal Steiner. Gossen Livingston Associates was selected with a fee not to exceed $37,500. The 2000 – 2009 Capital Improvement Program (CIP) provides for $717,000 in 2000 and $482,000 in 2001 towards the completion of the facility (PB-390012, PROJECT #398-108, OCA #785766). Motion -- Knight moved that the Agreement/Contract be approved and the necessary signatures be authorized. Motion -- carried carried 7 to 0. WATER SUPPLY PUBLIC WHOLESALE WATER SUPPLY DISTRICT FEASIBILITY. Agenda Report No. 00-0454. Wichita has been contacted by the City of El Dorado seeking to explore the possibility of forming a public wholesale water supply district to supply water to Butler County and eastern Sedgwick County. Wichita is currently completing its conceptual design for the development of aquifer storage and recovery (ASR) facilities that will be a part of the integrated local water supply plan adopted by the City Council in 1993. Staff asked the City’s water supply plan consultants, Burns & McDonnell to provide a supplemental agreement for an analysis of the feasibility of a joint venture with El Dorado. Burns & McDonnell has provided the City a supplemental agreement with a fee of $23,972. The City will receive a letter report from Burns & McDonnell addressing the financial efficacy of the proposed water supply partnering enterprise. The work is expected to take about 30 days. The Water Supply Plan CIP Project (W-549) has adequate budget authority to cover the proposed supplemental agreement amount. The City Council has the authority to approve contracts in excess of $10,000. Motion -- Knight moved that the Agreement/Contract be approved and the necessary signatures be authorized. Motion -- carried carried 7 to 0. (Agenda Item No. 16a) DESIGN SERVICES DESIGN CONTRACT:- TWO-WAY MAIN STUDY – DOUGLAS TO MURDOCK. (Districts I and VI) Agenda Report No. 00-0456. On August l0, 1999, the City Council authorized the Staff Screening and Selection Committee to select design engineers for the 2000 Arterials Program. On February 22, 2000, the Staff Screening and Selection Committee selected HWS Consulting Group, Inc. to design two-way Main, from Douglas to Murdock. The project is included in the 2000-2009 Capital Improvement Program. Payment will be made on a lump sum basis of $31,106.75. The funding source is General Obligation Bonds. Motion -- Cole moved that the Agreement/Contract be approved and the necessary signatures be authorized; Staff be asked to negotiate and bring back a Contract for Council approval; and the project be extended to add the area from -- carried Murdock to 13th Street. Motion carried 7 to 0. DESIGN SERVICES AGREEMENT FOR DESIGN SERVICES FOR THE INTERSECTION OF WOODLAND AND MAINSGATE. (District I) Agenda Report No. 00-0457. The City Council approved the project on March 21, 2000. The proposed Agreement between the City and Savoy, Ruggles & Bohm, P.A. (SRB) provides for designing a left turn lane and traffic signal at the intersection of Woodlawn and Mainsgate. The Staff Screening & Selection Committee selected SRB for the design on April 10, 2000. Payment will be on a lump sum basis of $20,800, and will be paid by General Obligation Bonds. Motion -- Knight moved that the Agreement/Contract be approved and the necessary signatures be authorized. Motion -- carried carried 7 to 0. DESIGN SERVICES AGREEMENT FOR DESIGN SERVICES FOR WOODLAND-WESTFIELD SECOND ADDITION AND WESTFIELD ACRES – NORTH OF MAPLE, WEST OF TYLER. (District V) Agenda Report No. 00-0458. The City Council approved the project on March 7, 2000. The proposed Agreement between the City and Baughman Company, P.A. provides for the design of bond financed improvements in Woodland-Westfield 2nd Addition & Westfield Acres. Per Administrative Regulation 7a, staff recommends the selection of Baughman because Baughman provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation. Payment will be on a lump sum basis of $23,700, and will be paid by special assessments. Motion -- Knight moved that the Agreement/Contract be approved and the necessary signatures be authorized. Motion -- carried carried 7 to 0. VIA CHRISTI AGREEMENT FOR DESIGN SERVICES FOR VIA CHRISTI REGIONAL MEDICAL CENTER, INC. ADDITION – NORTH OF MURDOCK, EAST OF TOPEKA. (District VI) Agenda Report No. 00-0459. The City Council approved the project on March 21, 2000. The proposed Agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for the design of bond financed improvements in Via Christi Regional Medical Center, Inc. Addition. Per Administrative Regulation 7a, staff recommends the selection of PEC because PEC provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation. Payment will be on a lump sum basis of $15,000, and will be paid by special assessments. Motion -- Knight moved that the Agreement/Contract be approved and the necessary signatures be authorized. Motion -- carried carried 7 to 0. SANITARY SEWER AGREEMENT FOR DESIGNS SERVICES FOR THE RECONSTRUCTION OF THE SANITARY SEWER IN PAWNEE AND TOPEKA. (District III) Agenda Report No. 00-0460. The City Council approved the project on January 25, 2000. The proposed Agreement between the City and Savoy, Ruggles & Bohm, P.A. (SRB) provides for the design of the sanitary sewer reconstruction in Pawnee & Topeka. The Staff Screening & Selection Committee selected SRB for the design on April 4, 2000. Payment will be on a lump sum basis of $15,500, and will be paid by Sewer Utility. Motion -- Knight moved that the Agreement/Contract be approved and the necessary signatures be authorized. Motion -- carried carried 7 to 0. (Agenda Item No. 17) IRB-VOICE STREAM EXTENSION OF LETTER OF INTENT FOR INDUSTRIAL REVENUE BONDS – VOICE STREAM/VS PROPERTY, L.L.C. (District I) Agenda Report No. 00-0461. On March 21, 2000, the City Council approved a six-month Letter of Intent to issue Industrial Revenue Bonds for VoiceStream Wireless Corporation, a Bellevue, Washington based wireless communication provider, in the amount of $11,500,000 and a 100% five-plus-five-year tax exemption on property purchased with bond proceeds. VoiceStream will use a local developer to build a new 70,000 SF facility on Woodlawn north of 21st, in northeast Wichita. The developer has requested a six-month extension to the term of the Letter of Intent. The developer, VS Property L.L.C., has requested the extension because they have decided to use conventional financing for construction. The revenue bonds will be issued upon completion of the project in late 2000. The company is now requesting an extension of an additional six-months of the Letter of Intent until March 21, 2001. There is no financial impact on the City resulting from the requested extension. Motion -- Rogers moved that extension of the Letter of Intent to VS Properties, L.L.C. for Industrial Revenue Bonds in an amount not-to-exceed $11.5 million for an additional term of six-months, ending March 21, 2001, be approved. -- carried Motion carried 7 to 0. CONSOLIDATED PLAN HUD CONSOLIDATED PLAN. Agenda Report No. 00-0462. The U.S. Department of Housing and Urban Development (HUD) requires submittal of a Consolidated Plan/Combined Application for the Community Development Block Grant (CDBG), the HOME Investment Partnerships (HOME) and the Emergency Shelter Grant (ESG) program. Staff have prepared the plan which includes the priority needs, a five-year Strategic Plan (2000-2004), a One-Year Action Plan (2000-2001), and the Citizen Participation Plan. On April 4, 2000, the City Council approved the draft HUD Consolidated Plan/Combined Application and authorized the thirty-day public comment period. The City’s final 2000-2004 five-year Strategic Plan identifies needs and general strategies to be employed to address the needs. The final 2000-2001 One-Year Action Plan lists the specific federal resources expected to be available from various grant assistance programs to address priority needs (as adopted by the City Council), a description of the activities funded by the City Council, and the geographic location of the activities to undertaken during the fiscal year. The 2000-2001 One-Year Action Plan covers the period July 1, 2000 through June 30, 2001. The 2000-2001 One-Year Action Plan totals $5,855,000 and is comprised of grant funds and estimated income (primarily from revolving funds such as Historic Loans). Other funds include unexpended funds from prior year completed projects. All of the Consolidated Plan funds have been previously allocated by the City Council and committed to revolving funds or approved projects. The City has met all federal requirements to submit the final Consolidated Plan/Combined Application to HUD. A thirty-day public comment period was held and one comment was received. Where appropriate, changes to the Plan have been made to address the concern. Motion -- Knight moved that the consolidated plan/combined application be approved and the necessary signatures be -- carried authorized. Motion carried 7 to 0. WIC FUNDING. SUPPLEMENTAL WIC FUNDING. Agenda Report No. 00-0463. The Women, Infants and Children (WIC) program, offered through the Health Department, is a short-term intervention program designed to influence lifetime nutrition and health behaviors in a targeted, high-risk population. WIC provides quality nutrition and education services, breastfeeding education and support, monthly supplemental nutritious foods, and access to prenatal and pediatric health care services. To qualify for WIC, participants must be women who are pregnant, postpartum, or breastfeeding with infants or children under the age of five; and participants must have an income level of 185% of the poverty level or less. In addition, they must have a medical or nutritional risk as defined by a health care professional. WIC is an often used health program that serves as a "draw" for clients, getting them to Health facilities and making available not only needed WIC services, but other Health services, such as immunizations or maternal and infant care. State funding for WIC has not increased with demand, thereby exerting ever-greater pressures on WIC staff to keep up with the client load. The WIC program currently is experiencing a backlog of clients waiting for services. This situation has led the State to recommend consolidation of the WIC program into fewer sites so that the backlog can be addressed and State performance standards met. As staff prepares to integrate WIC into the "mini City Halls" now under development, it has become clear that some purchases of technology and employment of temporary clerical and professional staff are necessary to address the backlog and improve the effectiveness of the WIC program. To meet these challenges, additional funds are being proposed on a one-time basis to meet the service load. Vacancies in the City/County Health budget allow for sufficient funding to allow for a budget adjustment to meet these additional service and support needs. An amount of $45,000 is requested. Council approval is required for budget adjustments of $10,000 or more. Motion --carried Knight moved that the budget transfer be approved. Motion carried 7 to 0. NE FACILITY NORTHEAST TRANSMISSION FACILITY. (Districts I, II and VI) Agenda Report No. 00-0464. On July 18, 1995, the City Council approved the design of the Northeast Transmission Facility, and on February 27, 1996, the City Council entered into an agreement with Professional Engineering Consultants, P.A., (PEC) to design the facility. The project was first included in the 1996 Capital Improvement Program (CIP W-511). The design for Phase I is complete and the project is under construction. The Northeast Transmission Facility will provide for additional transmission capacity from the water treatment plant/Hess Pump Station to the Webb storage tank and pump station at 21st and Webb Road. This main will help relieve a chronic low-pressure condition in the area of 21st and Woodlawn and will provide improved water delivery to the rapidly growing area of east Sedgwick County. The project plans for the remaining phases are nearing completion and construction will begin this year. The Capital Improvement Program (CIP W-511) budget is $20.42 million, of which $12.33 million has been authorized. The remaining $8.09 million is required to fund the construction of the balance of the project. Motion -- Knight moved that the project expenditure and notice of intent to publish be approved; and the Resolution be -- carried adopted. Motion carried 7 to 0. RESOLUTION NO. R-00-198 A Resolution of the City of Wichita, Kansas, declaring it necessary to construct, reconstruct, alter, repair, improve, extend, and enlarge the water and sewer utility owned and operated by the City, and to issue revenue bonds in a total principal amount which shall not exceed $8.09 million, exclusive of financing costs, for the purpose of paying certain costs thereof, and providing for the giving of notice of such intention in the manner required by law, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. WATER PIPELINE 48” RAW WATER PIPELINE REPAIRS. (District VI) Agenda Report No. 00-0465. Untreated water is brought from the City’s two major supply sources via large diameter pipelines. One of these is a 48” cast iron pipe that was constructed in the 1940s. The pipeline’s route travels through developed areas of the City directly east of the Big Arkansas River and in a number of locations is immediately adjacent to housing and/or commercial buildings. Due to the material used to seal joints at the time this line was built, and the soil conditions in which the pipe is buried, the pipeline has experienced a number of breaks. On August 17, 1999, City Council authorized a project for $296,000 to fund engineering and design work to identify locations having the potential to cause significant property damage, create risk to human life and/or cause significant traffic disruption. A Contract was approved with Mid-Kansas Engineering Consultants (MKEC) to provide the services. The majority of the breaks in the 48” pipeline have occurred north of 53rd Street North in areas that are rural in character. Breaks in these areas usually do no more than damage a small area of crops; however, breaks in the pipeline adjacent to a building or under a major traffic artery have significantly greater potential for causing damage, creating risk to human life and/or significant traffic disruption. The lack of availability of the 48” pipeline also limits the City’s ability to meet peak water demands. With these concerns in mind, MKEC evaluated sites having the greatest potential risks and designed alternate locations for the pipeline in order to avoid high-risk sites. Staff is recommending a project to relocate portions of the 48” raw water pipeline. The relocation of vulnerable locations of the pipeline will help protect high-risk sites. However, there is no guarantee that a pipeline break will, or will not, occur at a high-risk site. The City Council has the option of deferring the relocations to a future date, or continuing the existing policy of repairing the line after a break occurs. The estimated cost of the completed project is $3.7 million with the cost of repairing the pipeline at identified “high-risk” locations being $3.2 million. Project costs are included in CIP W-806, “48” Raw Water Line Floodway to WTP.” The City's Administrative Regulations require that projects with costs in excess of $10,000 be submitted to the City Council for approval. Motion -- Knight moved that the notice of intent to publish be approved; Staff be authorized to begin construction; the -- carried remainder of the budget be allocated; and the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-00-199 A Resolution of the City of Wichita, Kansas, declaring it necessary to construct, reconstruct, alter, repair, improve, extend, and enlarge the water and sewer utility owned and operated by the City, and to issue revenue bonds in a total principal amount which shall not exceed $3.7 million, exclusive of financing costs, for the purpose of paying certain costs thereof, and providing for the giving of notice of such intention in the manner required by law, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. PROPERTY ACQ. ACQUISITION OF 466 COURTLEIGH EAST KELLOGG IMPROVEMENT PROJECT. (District II) Agenda Report No. 00-0466. In October of 1998, staff was instructed to pursue opportunity purchases in the Kellogg corridor. Opportunity purchases arise when an owner contacts the City and indicates a willingness to sell their property. The owner of 466 Courtleigh, Patsy B. Hunter, has expressed an interest in selling this property to the City. The site contains 13,000 square feet and is improved with a 1,944 square foot brick, ranch-style single family residence. The property has three bedrooms and one and a half baths. The planned expansion of Kellogg will require the removal of the improvements and utilization of the entire site. The property was appraised at $102,000 and the owner has agreed to sell the property for this amount. The property appears to be in good condition with no deferred maintenance noted. The residence will be leased until is needed for highway project. The Capital Improvement Program includes funds for opportunity acquisitions. The funding source will be General Obligation Bonds. A budget of $108,000 is requested. This includes $102,000 for the acquisition and $5,000 for demolition and $1,000 for closing costs and title insurance. Motion -- Knight moved that the budget and the Contract be approved; and the necessary signatures be authorized. Motion -- carried carried 7 to 0. PARK & RECREATION RESTRUCTURING OF PARK AND RECREATION DEPARTMENT. Agenda Report No. 00-0403A. Maintenance and recreation programming are pivotal, highly interrelated public services provided by the City and expected in neighborhoods throughout Wichita. Maintenance of City parks, playgrounds, greenways, rights-of-way, and athletic fields have historically been provided by the Maintenance Division of the Park and Recreation Department. The Landscape and Forestry Division has maintained high visibility landscape areas in the downtown area and provided tree planting/pruning, and tree removal services. Neighborhood recreational programming—focused at ten recreation centers, twelve swimming pools, Watson Park, and various other Park and Recreation Department facilities and athletic fields— has been developed and carried out by the Recreation Division. The existing Park and Recreation Department organizational structure can be improved to promote the effective coordination and delivery of quality leisure services to neighborhoods, families, and citizens of Wichita. Under the proposed reorganization, maintenance staff can be held accountable for the timing and impact of their work product on recreational programming. At the same time, recreation staff will be able to coordinate the scheduling of recreational programming with routine, essential activities carried out by maintenance staff. Perhaps most importantly, residents and neighborhoods will have a point of contact that can be counted on to respond to their leisure needs. Park and Recreation has more revenue-generating cost centers than any other taxpayer-supported department. The majority of these cost centers (over 91%) are tied to maintenance and recreation functions. As currently structured, the department does not have the desired level of management and research capabilities. Challenges associated with increasingly complex budget issues, outside funding sources, and cash-handling have necessitated the department being dependent on other City departments for the provision of basic financial and management services, weakening the department’s ability to focus on its primary mission of delivering a quality package of leisure services to neighborhoods in Wichita. The City Council deferred action on the proposed restructuring pending input from the Park Board. The May 8, 2000, Park Board consideration will be provided. The Park and Recreation Department currently has three (3) management-level supervisors assigned to supervise maintenance and recreation programming. These supervisors include a Superintendent of Landscape and Forestry (maintenance), a Superintendent of Parks (maintenance), and a Recreation Director (recreation). Each supervisor directs a division within the department. Consolidation of the Landscape and Forestry, Maintenance, and Recreation Divisions into one Parks and Recreation Division offers the opportunity to creatively enhance and coordinate maintenance and recreation programming across all neighborhoods. The new Parks and Recreation Division would centralize City-wide forestry operations, landscape construction and maintenance, and basic maintenance support functions in the downtown area of the city. Other maintenance and recreation staff would be divided among two geographic zones—one in the north and one in the south--with staffing levels and other resources divided equally. To promote enhanced service delivery, existing management-level supervisor positions would be restructured to provide leadership within the new Parks and Recreation Division, with a focus on neighborhood park maintenance and recreation functions. Under the restructuring, the Superintendent of Landscape and Forestry would be assigned to supervise centralized downtown operations, and the Superintendent of Parks and Recreation Director positions would be replaced with two (2) Parks and Recreation Superintendent positions, with one position assigned to the north and one assigned to the south area of the City. Each of these positions would have complete responsibility for leadership and supervision of coordinated maintenance and recreation programming in their respective areas. The restructuring would provide a “one-stop” point of contact for neighborhoods, promote accountability, and provide better quality leisure services programming. In connection with restructuring and consolidation of maintenance and recreation functions, an Assistant to the Director position would replace an existing Administrative Assistant. This position would lead and coordinate financial management and reporting functions, budget, personnel, and research responsibilities. Restructuring of Park and Recreation maintenance, recreation, and administrative operations to enhance service delivery can be achieved with no net increase to the operating budget. Targeted management-level and exempt positions will be implemented immediately, with funding redirected from budgeted salaries for existing positions. The net cost impact of the restructuring is negligible. Budgeted allocations will be shifted but are not projected to increase. Budget revisions will be addressed in the 2000 Revised and 2001 Proposed budgets. Budget adjustments in excess of $10,000 require City Council approval. Motion -- Knight moved that the budget adjustment be approved and the positions be authorized. Motion carried -- carried 7 to 0. LENDER SUPPORT REVISED LENDER SUPPORT AGREEMENT. Agenda Report No. 00-0468. On November 16, 1999, the City Council adopted an ordinance approving a modified Lender Support Agreement between the City, the Bank of America and MetroPlains Development to facilitate a loan from the Bank to MetroPlains for construction and permanent financing of the commercial portion of the Eaton Place project. The Lender Support Agreement commits the City to pay the Bank of America up to $165,000 per year during the 15- month period of the construction loan (plus any excusable delays), plus seven years after the construction loan is converted to the permanent loan, in the event MetroPlains is unable to make full loan payments. In addition to the City’s Lender Support Agreement, MetroPlains has placed $510,000 in escrow to support the loan. The Bank of America provided MetroPlains with a written loan commitment but never signed the Lender Support Agreement, as originally negotiated and approved by the City Council. The Eaton Place project is underway and is now in need of drawing loan funds from the Bank. As a condition to disbursing loan funds, the Bank has presented the City with a revised draft of the Lender Support Agreement and asks that it be approved and signed. The revised Lender Support Agreement contains many changes of a ministerial nature which adjust the Agreement to reflect the passage of time since the Council last approved the Agreement. Certain terms, dates and amounts have been updated, but with one notable exception the material terms and conditions of the Agreement remain substantially unchanged. The one provision that has changed materially relates to the sharing of collateral in the event of a loan default. Referred to in the Agreement as “subrogation,” this provision is intended to allow the City to share proportionally in the collateral to the extent that the City pays any potion of the loan on behalf of the borrower. The revised Lender Support Agreement presented by the Bank of America allows the City to claim repayment of funds expended pursuant to the Agreement, but only after the Bank has recouped all monies owed under the terms of the loan. The City’s financial obligations are limited to $165,000 per year for the 15-month period of the construction loan (plus any excusable delays), plus seven years after the construction loan is converted to the permanent loan. Any expenditures are subject to annual appropriations by the City Council. The funding source for any expenditures arising from this agreement will be the Self Insurance Fund. The revised Lender Support Agreement can be approved by ordinance citing the City’s home rule authority. Motion -- carried Knight moved that the Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance of the City of Wichita, Kansas, prescribing the form and authorizing the execution of a lender support agreement by and among MDI Limited Partnership #72, the City of Wichita, Kansas, and Bank of America, N.A., and repealing Ordinance No. 44-435, introduced and under the rules laid over. ORDINANCES SECOND READING ORDINANCES: (FIRST READ MAY 2, 2000) a) Building Condemnations. ORDINANCE NO. 44-645 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 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. b) Sewer Service Assessments. ORDINANCE NO. 44-644 An Ordinance making a special assessment to pay the cost of unpaid sewer service charges and/or water service charges in the City of Wichita, Kansas. Be it ordained by the governing body of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. c) Z-3333 – East Side of Broadway, South of MacArthur. (District IV) ORDINANCE NO. 44-646 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. Z-3333 d) Z-3361 – North of Shade Lane and East of Ridge Road. (District V) ORDINANCE NO. 44-647 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. Z-3361 e) ZON 2000-00001 – East of Hillside (1213 North Hillside). (District I) ORDINANCE NO. 44-648 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight.. ZON 2000-00001 PLANNING AGENDA Marvin Krout Director of Planning stated that Items26-33, 35, and 37 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 26-33, 35, and 37 be approved as consensus Items. -- carried Motion carried 7 to 0. DED 2000-08 DED 2000-08 – DEDICATION OF ADDITIONAL STREET RIGHT-OF-WAY FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF CENTRAL AND WEST STREET. (District VI) Agenda Report 00-0469. MAPC Recommendation: Accept the Dedication. This Dedication is a requirement of an associated Lot Split No. L/S 1029 and is being dedicated for additional street right-of-way along West Street. The Dedication has been reviewed and approved by the Planning Commission. Motion -- carried Knight moved that the dedication be received and filed. Motion carried 7 to 0. DED 2000-09 DED 2000-09 – DEDICATION OF ACCESS CONTROL LOCATED ON THE NORTHEAST CORNER OF CENTRAL AND WEST STREET. (District VI) Agenda Report No. 00-0470. MAPC Recommendation: Accept the Dedication. This Dedication is a requirement of an associated Lot Split No. L/S 1029 and is being dedicated for access controls on West Street and Central. The Dedication has been reviewed and approved by the Planning Commission. Motion -- carried Knight moved that the dedication be received and filed. Motion carried 7 to 0. S/D 98-13 S/D 98-13 – PLAT OF WHISPERING LAKES ESTATES ADDITION LOCATED ON THE WEST SIDE OF 159TH STREET EAST, SOUTH OF HARRY. (District II) Agenda Report No. 00-0471. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (11-0) This replat is zoned SF-6, Single-Family Residential and was annexed in December 1999. The Four Mile Creek sanitary sewer system will be used and petitions for improvements will be handled by the County. Another petition, 100%, has been submitted for City water, paving and drainage improvements. Both City and County Certificates of Petitions have also been submitted. Due to the reconfiguration of the lots, a respread agreement for special assessments has been submitted. In order to provide for the ownership and maintenance of the reserves, the applicant has submitted a restrictive covenant. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. The Certificates of Petitions and restrictive covenant will be recorded with the Register of Deeds. Motion -- Knight moved that the documents and plat be approved; the Resolutions be adopted; and the necessary signatures -- carried be authorized. Motion carried 7 to 0. RESOLUTION NO. R-00-200 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89475 (west of 159th Street East, south of Harry),in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. RESOLUTION NO. R-00-201 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89476 (west of 159th Street East, south of Harry) ,in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. RESOLUTION NO. R-00-202 Resolution of findings of advisability and Resolution authorizing improving of Woodcreek from Teakwood Court to the east line of Lot 22, Block 5; Teakwood Courts (Lots 5-8, Block 5) from the north line of Woodcreek to and including cull-de-sac, (Lots 4-7, Block 3) from the west line of Hazel Nut to and including cul-de-sac; Teakwood from Teakwood Court (Lots 5-7, Block 3) to Teakwood Court (Lots 5-8, Block 5); Weeping Willow from the west line Lot 1, Block 5, to the west line Teakwood; Weeping Willow Circle from the east line of Teakwood to and including cul-de-sac; Hazel Nut from Teakwood Court (Lots 5-7, Block 3) to the west line of Rosewood,; Hazel Nut Court (Lots 15-20, Block 3) from the south line of Hazel Nut to and including cul-de-sac; Rosewood from the south line of Woodcreek to the east line of Lot 1, Block 1; Rosewood Court from the west line of Rosewood to and including cul-de-sac; Hazel Nut Circle (Lots 26-31, Block 1) from the east line Rosewood to and including cul-de- sac; Brookhaven from the south line of Lot 1, Block 2, to the south line of Rosewood, and; Rosewood Courts (Lots 9-16, Block 1) from the north line Rosewood to and including cul-de-sac, (Lots 1-8, Block 1) from the north line Rosewood to and including cul-de-sac, Project No. 372-89339 (west of 159th Street East, south of Harry), in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. S/D 99-40 S/D 99-40 – PLAT OF HARBOR ISLE THIRD ADDITION LOCATED ON THE EAST SIDE OF MERIDIAN, SOUTH OF 53RD STREET NORTH. (District VI) Agenda Report No. 00-0472. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (10-0) This plat is zoned SF-6, Single-Family Residential. Petitions, 100%, have been submitted for City water, sanitary sewer, 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 also been submitted requiring that four (4) off-street spaces be provided for such lot. In order to provide for the ownership and maintenance of the reserves, the applicant has submitted a restrictive covenant. In accordance with City Fire Department’s request, the Applicant has provided a restrictive covenant limiting the location of structures to be no greater than 150 feet from the front property line. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. The Certificates of Petitions and restrictive covenants will be recorded with the Register of Deeds. Motion -- Knight moved that the documents and plat be approved; the Resolutions be adopted; and the necessary signatures -- carried be authorized. Motion carried 7 to 0. RESOLUTION NO. R-00-203 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89473 (east of Meridian, south of 53rd Street North), in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. RESOLUTION NO. R-00-204 Resolution of findings of advisability and Resolution authorizing construction of construction of Lateral 101, Sanitary Sewer No. 23 (east of Meridian, south of 53rd Street North), Project No. 468-83106, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. RESOLUTION NO. R-00-205 Resolution of findings of advisability and Resolution authorizing improving of Driftwood from the east line of Meridian Avenue to the east line of Blue Harbor; Driftwood Court adjacent to Lots 35 to 64, Block 1; Blue Harbor from the north line of Driftwood to the north line of Harbor Isle Third Addition; Captiva from the south line of Driftwood to the south line of Harbor Isle Third Addition, and; sidewalks along one side of Driftwood and on one side of Blue Harbor, Project No. 472-83237, (east of Meridian, south of 53rd Street North),in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. S/D 99-49 S/D 99-49 – PLAT OF BELLE TERRE SOUTH SECOND ADDITION LOCATED NORTH OF KELLOGG AND WEST OF 159TH STREET EAST. (District II) Agenda Report No. 00-0473. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (11-0) This replat is zoned SF-6, Single-Family Residential and is located in the County within three miles of Wichita’s City limits. The site will use the County’s Four Mile Creek sanitary sewer system and petitions for sewer and paving improvements will be handled by the County. Although this site is located in the County, water service will be provided from Wichita and a petition, 100%, has been submitted for municipal water improvements. An Outside-the-City Water Agreement has also been provided. Both a City and County Certificate of Petitions have also been submitted. Due to the reconfiguration of the lots, a respread agreement for special assessments has been provided. In order to provide for the ownership and maintenance of the reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking for lots adjacent to narrow streets, a covenant has also been submitted requiring that four (4) off-street spaces be provided for each such lot. In order to allow for the platting of a street with a narrow or nonstandard right- of-way dedication, a 15-foot street, drainage, and utility easement was platted with a covenant restricting the use of easements. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. The Certificates of Petitions and restrictive covenants will be recorded with the Register of Deeds. Motion -- Knight moved that the documents and plat be approved; the Resolution be adopted; and the necessary signatures -- carried be authorized. Motion carried 7 to 0. RESOLUTION NO. R-00-206 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89460, (north of Kellogg, east 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. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. S/D 99-51 S/D 99-51 – PLAT OF HOLY TEMPLE CGC ADDITION LOCATED ON THE NORTHEAST CORNER OF 11TH STREET NORTH AND HYDRAULIC AVENUE. (District I) Agenda Report No. 00-0474. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (12-0) This replat is zoned B, Multi-Family Residential and municipal services are available to serve the site. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Motion -- carried Knight moved that the Plat be approved and the necessary signatures be authorized. Motion carried 7 to 0. S/D 99-53 S/D 99-53 – PLAT OF UNIVERSAL FOURTH ADDITION LOCATED ON THE NORTHWEST CORNER OF GREENWICH ROAD AND KELLOGG. (District II) Agenda Report No. 00-0475. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (11-0) This plat is zoned LC, Limited Commercial and municipal services are available to serve the site. A joint access easement was provided to allow for shared access between the lots. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. The joint access easement will be recorded with the Register of Deeds. Motion -- Knight moved that the documents and Plat be approved and the necessary signatures be authorized. Motion carried -- carried 7 to 0. S/D 00-08 S/D 00-08 – PLAT OF WOODLAKE SECOND ADDITION LOCATED ON THE NORTHEAST AND NORTHWEST CORNER OF DOUGLAS AND SHERIDAN. (District VI) Agenda Report No. 00-0476. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (10-0-1) This plat is zoned MF-29, Multi-Family Residential and is also subject to the Woodlake Community Unit Plan (DP-61). Petitions, all 100%, have been submitted for sanitary sewer, paving, and water improvements. A Certificate of Petitions has also been submitted. A Community Unit Plan Certificate was provided identifying the approved Community Unit Plan. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. The Certificate of Petitions and Community Unit Plan Certificate will be recorded with the Register of Deeds. Motion -- Knight moved that the documents and plat be approved; the Resolutions be adopted; and the necessary signatures -- carried be authorized. Motion carried 7 to 0. RESOLUTION NO. R-00-207 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89474 (north of Douglas, east of Sheridan), in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. RESOLUTION NO. R-00-208 Resolution of findings of advisability and Resolution authorizing construction of Lateral 39, District A, Sanitary Sewer No. 21 (north of Douglas, east of Sheridan), Project No. 468-83112, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. RESOLUTION NO. R-00-209 Resolution of findings of advisability and Resolution authorizing improving of Sheridan from the north line of Douglas to the south line of Second Street; Mt. Carmel from the east line of Sheridan to the south line of First Street; First Street from the east line of Sheridan to the west line of St. Paul avenue; and; sidewalks on one side of each street, Project No. 472-83238), (north of Douglas, east of Sheridan),in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Gale, Lambke, Martz, Pisciotte, Rogers, Knight. (Agenda Item No. 34) SUB 2000-12 SUB 2000-12 – PLAT OF SEWAGE TREATMENT PLANT NO. 3 (NW) ADDITION LOCATED ON THE NORTH SIDE OF 37TH STREET NORTH, ON THE EAST SIDE OF 135TH STREET WEST. (District V) Agenda Report No. 00-0477. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (9-0) This plat is zoned SF-6, Single-Family Residential and has been approved for a Conditional Use for a wastewater treatment plant, public park and fishery. County Engineering has required a guarantee for the construction to the two-lane rural pavement standard of 37th St. North from 119th St. West to 135th St. West, and the paving of 135th St. West from 37th St. North to the northern entrance of the site. The Applicant – the Wichita Water and Sewer Department - is appealing this condition. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Motion -- Martz moved that the Plat be approved, subject to removal of the Street Paving requirement, and the necessary -- carried signatures be authorized. Motion carried 7 to 0. Z-3252 Z-3252 – PLAT EXTENSION FOR COMPLETION OF BRADLEY FAIR FOURTH ADDITION; AND Z- 3308 – PLAT EXTENSION FOR COMPLETION OF BRADLEY FAIR FOURTH ADDITION (ASSOCIATED WITH DP-191 WILSON PROPERTY) LOCATED AT THE SOUTHEAST CORNER OF BRADLEY FAIR PARKWAY AND ROCK ROAD. (District II) Agenda Report No. 00-0478. Staff Recommendation: Approve, subject to platting within 1 year. The applicant has requested an extension for platting of property located at the southeast corner of Bradley Fair Parkway and Rock Road. A portion of the subject property was approved for rezoning to “LC” Limited Commercial by the rezoning request, Z-3252. The remaining portion was approved for rezoning to “LC” Limited Commercial by the subsequent zoning request, Z-3308. The plat for the property, Bradley Fair 4th Addition, was filed October 27, 1997 and was approved by MAPC (11-0) on December 4, 1997. A revised final plat was submitted and received MAPC Subdivision Committee approval (5-0) on March 4, 1999. However, the plat was deferred from MAPC for final action until traffic issues were resolved. In the interim, the applicant has submitted and received approval of Amendment #11 for the area to be included in Bradley Fair 4th Addition. This amendment was approved by MAPC (12-0) on April 13, 2000 and the action was final on April 27, 2000. With the approval of this amendment, the applicant should seek to resolve the traffic issues and proceed with platting. Motion -- Knight moved that the extension for platting of Z-3252 to December 21, 2000, and the extension for platting of -- carried Z-3308 to January 14, 2001, be approved. Motion carried 7 to 0. (Agenda Item No. 36) ZON 2000-00002 ZON 2000-00002 – ZONE CHANGE FROM “LC” LIMITED COMMERCIAL DISTRICT TO “GC” GENERAL COMMERCIAL, LOCATED 600 FEET NORTH OF 53RD STREET NORTH AND EAST OF MERIDIAN. (District VI) Agenda Report No. 00-0479. MAPC Recommendation: Deny (7-1). Staff Recommendation: Deny. One of the applicants currently operates a paint and body shop in Sedgwick. He also lives near the application area that is located approximately 600 feet north of 53rd Street North and east of Meridian. The applicant would like to move his vehicle repair business to the application area. The site is a platted lot containing 1.02 acres. The applicant’s site plan depicts a 5,000 square foot single-story building with metal siding located in the center of the site. Access to the site would be from Meridian with parking shown on the east, south and west of the building. Thirty-two parking spaces are shown. The plan depicts a 40-foot front yard building setback along Meridian. The building is shown 70 feet west of the east property line, 50 feet north of the south property line and 84 feet south of the north property line. A 24-foot landscaped buffer is shown along the east property line, and a 10-foot landscaped buffer along the west and most of the south borders. A six-foot solid screening fence would be provided. The fence would run from the northeast corner of the building north five feet then east to the property line then south along the property line then west until it is even with the back of the building and then north to the southeast corner of the building. Surrounding uses include vacant “LC”, Limited Commercial and “GO”, General Office land (Lot 3, Leewood Heights 3rd) located immediately north of the application area. North of the “LC” and “GO” lot, is a corner lot zoned “SF-6”, Single-family with a residence that faces 54th Street. There are other single-family homes along 54th Street North on “SF-6” zoned lots. There are also single-family residences located along Sedgwick. Sedgwick is the first street east of the application area. There is vacant residentially zoned land located immediately east of the application area (Lots 10 and 11). The closest residential lot with a house is approximately 120 to 150 feet northeast of the applicant’s proposed building (Lot 12). The “LC”, Limited Commercial land to the south is developed with a convenience store. The “LC”, Limited Commercial land located west, across Meridian, is vacant. The southwest corner of the intersection is zoned for single-family use while the southeast corner is zoned “LC” and is used for a nonconforming machine shop/welding shop type use. Parking requirements for “vehicle repair, general”, are 1 space per 500 square feet of building plus 3 spaces. The applicant would need 13 spaces to meet code. The site plan depicts 32, 17 of which are screened and evidently intended for storage of vehicles that have been or will be repaired. “Vehicle Repair, General” is defined by the UZC as an establishment that is primarily engaged in painting of or body work to motor vehicles or heavy equipment, and is first permitted in the “GC”, General Commercial district. The MAPD heard this case on March 30, 2000. The Commission voted 7-1 to recommend denial based on the findings found in the staff report. The primary concern centered on the fact that this site is in close proximity to existing residences, and the impact potential “G-C” General Commercial uses would have on these residences. Three citizens spoke in opposition, citing odor, loss of property value and lack of public sewer in the area. Motion -- Cole moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, that Council concur with the findings of the MAPC, and the application be denied. Motion -- carried carried 7 to 0. ZON 2000-00007 ZON 2000-00007 – ZONE CHANGE FROM “SF-20” SINGLE-FAMILY RESIDENTIAL TO “TF-3” TWO-FAMILY RESIDENTIAL, LOCATED SOUTH OF 13TH STREET ON THE EAST SIDE OF GREENWICH. (District II) Agenda Report No. 00-0480. MAPC Recommendation: Approve, subject to platting within 1 year (11-0). Staff Recommendation: Approve, subject to platting within 1 year. The applicant indicates that he wishes to rezone property currently zoned “SF-20” Single-Family District to the “TF-3” Two-Family District. The property is 9.82 acres in size and is currently being platted. The applicant intends to construct 22 “twin homes” (duplexes) or 44 dwelling units on the site. The adjoining properties are zoned “LC” Limited Commercial and “SF-20” Single-Family Residential. The application area is a rectangular shaped parcel and is located south of 13th Street on the eastside of Greenwich. The property north of the application area, platted as the Gateway Center Commercial CUP, is a vacant lot and zoned “LC” Limited Commercial District with an approved CUP, the property south is a vacant lot and is zoned “SF” Single-Family Residential, east is property zoned “SF-20” Single-Family Residential, which is adjacent to K- 96, and the property to the west is also vacant and zoned “LC” Limited Commercial. Access to the site will be from Greenwich per the platting process. At the MAPC meeting held on April 13, 2000, the MAPC voted (11-0) to recommend approval subject to terms of the MAPD staff report. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the -- carried City Council. Motion carried to 0. AIRPORT AGENDA AIRPORT NAT. GAS NATURAL GAS SERVICE ON WICHITA MID-CONTINENT AIRPORT. Agenda Report No. 00-0481. The Bill of Sale clarifies the actual ownership of the entire natural gas distribution system on Wichita Mid- Continent Airport. The WAA executed the Transportation Agreement and the Technical Services Agreement in August of 1999 with PNG. The Kansas Corporation Commission (KCC) ordered the transfer of the agreements from PNG to KGS in Docket No. 99-KGSG-233-GIG. At this time there is no alternative but to abide by the orders of the KCC in order to continue the flow of natural gas to the facilities on Wichita Mid-Continent Airport at the agreed upon prices. The KGS Transportation Agreement represents an additional savings to the WAA of $.05/MCF or an additional estimated annual savings of $4,076. The original estimate was an annual saving of $15,078, which will now make total annual savings of $19,078. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion -- Knight moved that the purchase of the entire natural gas distribution system located within Wichita Mid-Continent Airport in the amount of Ten Dollars ($10.00) from Kansas Gas Service (KGS) be approved, the Agreement for Sale or Transportation of Industrial Gas or Commercial Gas with KGS be executed, and the transfer of the Technical Services Agreement from Peoples Natural Gas (PNG) to KGS. be authorized. Motion carried -- carried 7 to 0. ADJOURNMENT The City Council meeting adjourned at 10:50 a.m. Pat Burnett CMC City Clerk CITY COUNCIL PROCEEDINGS JOURNAL 171 May 9, 2000 PAGE 3