MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, April 4, 1995 Tuesday, 9:00 A.M. The City Council met in regular session with Mayor Broadfoot in the Chair. Council Members Cather, Cole, Kamen, Reeser, Rogers; present. *Council Member Ferris absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of March 28, 1995, were -- approved approved 6 to 0. (Ferris absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Proclamations previously approved were presented. PUBLIC AGENDA JIMMY MOORE COMMENTS BY JIMMY MOORE. Mr. Moore was not present. UNFINISHED BUSINESS CONDEMNATION REVIEW CONDEMNATION REVIEW, 1555 N. GREEN. Kurt Schroeder Acting Superintendent of Central Inspection reviewed the Item. Agenda Report No. 95-270. This property was first cited for violations on June 3, 1994. Several notices were issued, and on October 10, 1994, a pre-condemnation letter was issued. Condemnation action was initiated on October 7, 1994. At the January 6, 1995, BCSA hearing, the owner did not appear, and the BCSA recommended 10 days to start demolition and an additional 10 days to complete. On March 7, 1995, the City Council held a condemnation hearing on the property and adopted a resolution giving the owner 10 days to start and 10 days to complete demolition. On March 21, 1995, the owner's guardian, Jesse Junious, contacted staff to check the status of the condemnation action, and expressed a wish to sell the property. On March 24, 1995, Council Member Rogers requested staff bring back this item for review before the City Council. Bid specifications have been prepared, but the bid to demolish has not been awarded. Staff inspected this structure on March 24, 1995, and found that the structure was still open and there was junk and debris still on the premises. The taxes are current. The owner has been notified of the date and time of this Hearing. *Council Member Ferris present. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Jesse Junious Jesse Junious, owners' guardian, requested the maximum time possible to enable her to sell the property because court approval of the sale is needed. Ms. Junious said the grass has been mowed and there are no windows broken. Ms. Junious said she had contacted Mennonite Housing and CDC to find out whether either might be interested in purchasing the property but neither organization has given an answer. Motion -- Rogers moved that 60 days be given to sell the property; that one week be given to clear the property of debris and secure the property; and that the property -- carried remain secured and free of debris. Motion carried 7 to 0. LICENSE REVOCATION APPEAL OF LICENSE REVOCATION (ROGER CUNNINGHAM). Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-271. Roger Cunningham is appealing, for the second time, the decision of the Board of Appeals of Plumbers and Gas Fitters to deny renewal of his Master Plumbing Certificate. Mr. Cunningham's certificate/license lapsed in early 1994 when it was not renewed by December 31, 1993, or within the six-day grace period ending March 1, 1994. For such a lapse, the code requires re-testing for issuance of a new license. The Board of Appeals of Plumbers and Gas Fitters policies allow for exceptions to the code for documented extenuating circumstances (hospitalization, etc.) At the Board's December 6, 1994, meeting, the Board determined that Mr. Cunningham's situation did not meet these circumstances and denied his license renewal. On February 14, 1995, the Council heard Mr. Cunningham's appeal on the Board of Appeals of Plumbers and Gas Fitters. The Council voted to send the matter back to the Board of Appeals of Plumbers and Gas Fitters. On March 7, 1995, the Board of Appeals of Plumbers and Gas Fitters again denied his license renewal. Mr. Cunningham is bringing this back to Council to grant his appeal. Roger Cunningham Roger Cunningham said the he had appeared at the Board of Code Standards and Appeals on March 7, 1995, and the Board voted 2 to 1 against the appeal. Mr. Cunningham asked the City to reverse the Board's decision. Bill Hancock Bill Hancock, Sedgwick County Commissioner, speaking as Mr. Cunningham's friend, said Mr. Cunningham had fixed many houses for Mr. Hancock and Mr. Cunningham did everything a self- employed, licensed plumber should do. Mr. Cunningham looks at the certificate as an important part of his employment. Mr. Hancock said governments are guilty of letting rules, procedures, and regulations get in the way of what should be done in the interest of the constituency. Sometimes the processes are served and serving the public interest is forgotten. Mr. Cunningham simply forgot to renew his certificate. Although there is a time limit for renewing the certificate, sometimes it is important to remember that the Boards and Committees, such as the Plumbing board, is there to protect the public; and, while their job is to make sure there are qualified, certified plumbers, it is not in the public interest to deny a certificate to someone who does quality work and has performed well in the past because that person forgot to renew the certificate. There will always be some who forget to renew a certificate but it will not be the general rule. Mr. Hancock added that the County gives reciprocal licenses to those who are licensed in the City. The County does not give tests but relies on the City's testing. Motion -- Kamen moved that the appeal be denied and Mr. Cunningham be given a temporary -- died extension through May. Motion died for lack of second. Gary Rebenstorf Director of Law said there is no authority in the ordinance to give a temporary license from the City Council. Kurt Schroeder Acting Superintendent of Central Inspection said the Code does provide that if a person is denied a certificate (such as in this case) and the person has a journeyman's expertise, that person could continue as a journeyman for up to 90 days during the testing period. The Board can give that authority. Motion -- Kamen moved that the appeal be denied but that Mr. Cunningham be granted the possibility of getting a temporary journeyman's license through the month of May. -- failed Motion failed 5 to 2. Cather, Ferris, Reeser, Rogers, Broadfoot - No. Motion -- Reeser moved that the appeal be granted and the renewal of the plumber's license -- carried be authorized. Motion carried 5 to 2. Cole, Kamen - No. WDS - KESSLER WATER DISTRIBUTION SYSTEM ALONG KESSLER BETWEEN DOUGLAS AND FIRST STREET. (District IV) Mike Lindebak City Engineer reviewed the Item. On March 28, 1995, the City Council requested that additional contact be made with residents in the area to found out whether they were for or against the project. As a result of that effort, responses were received from all but one person in the improvement district. There are five people in favor of the project, six people are against the project, and one person who has not been contacted. Council Member Ferris Council Member Ferris said the one person who was not contacted would be counted as being against the project so there are six against the project and five for the project. Council Member Kamen Council Member Kamen said there is no health problem present so he is against the project. Motion -- Reeser moved that the project not be approved due to a less than 50 percent response in favor of the project; and that the Public Works Department work with those who are able to connect to the system and that any residents in favor of the project be directed with regard to the petition process. Council Member Ferris Council Member Ferris, regarding well testing, said the Council had talked about going ahead with well testing to make sure there was no public health problem but the Council decided not to do the tests if a majority of the people were for the project anyway. The tests would be done if a majority of the people were not for the project. Council Member Ferris Council Member Ferris clarified that the Council had decided not to do the well tests because the Council was not going to spend the money for the tests if a majority of the people were in favor of the project. The decision for or against the testing was to be made by the Council today. Council Member Reeser Council Member Reeser said the original information the City Council has is that there is no problem with the wells. If anyone is extremely concerned and thinks there is evidence that there is a problem with the wells, private individuals can make the decision to have their wells tested. It could be very expensive for the City to have all the individual wells tested. -- carried Motion carried 6 to 1. Cather - No. ART MUSEUM BOARD CHARTER ORDINANCE PERTAINING TO THE ART MUSEUM BOARD. Deferred from March 28, 1995 Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-304. On February 21, 1995, the City Council approved ordinance no. 42-615 under which the terms of the Wichita Art Museum Board members expired and new members were appointed. The ordinance provided that, upon the adoption of a charter ordinance, the Board would consist of nine members appointed by the Council, two of them nominated by the Friends of the Wichita Art Museum. Until a charter ordinance was adopted, the Friends nominees would serve as ex officio members. A charter ordinance has not been approved. On March 21, 1995, the City Council requested that the Law Department provide alternative ordinances relative to the make-up of the Wichita Art Museum Board as a seven- or nine-member board. Several alternative ordinances are presented: 1. Charter Ordinance - This is the same charter ordinance previously considered by the Council. It would amend the current charter ordinance (seven members) and allow the number of WAM Board members to be set by simple ordinance. The Council has already adopted a simple ordinance to make the Board a nine-member board upon the effective date of the charter ordinance, with two members nominated by the Friends. 2. Simple Ordinance. A. The seven-member Board consists of five members appointed by the Council and two members appointed by the Council upon nomination by the Friends. B. The seven-member Board consists of seven members appointed by the Council. In addition, two ex officio members are appointed by the Council from Friends nominations. (This is the current status without the charter ordinance; reference to the Charter Ordinance is removed from the current simple ordinance.) Motion -- Reeser moved that the Charter Ordinance which has a seven-member Board which consists of five members appointed by the Council and two members appointed by the Council upon nomination by the Friends be placed on first reading. Gary Rebenstorf Director of Law clarified that the change in the motion could be done by simple ordinance. Amendment -- Reeser, with consent of the second, amended the motion to read that the simple Ordinance which has a seven-member Board which consists of five members appointed by the Council and two members appointed by the Council upon nomination by the Friends be placed on first reading. Council Member Ferris Council Member Ferris said he thought the change should be by charter ordinance because a simple ordinance is easier to change than a charter ordinance. The form of the make-up of the Board is as important as the number of the make- up of the Board. It is the Council's intent to make sure there are two members on the Board, now and forever, from the Friends Board. Subst. motion -- Ferris moved a substitute motion that a Charter Ordinance which has a seven-member Board which consists of five members appointed by the Council and two members appointed by the Council upon nomination by the Friends be placed on first reading; and the appropriate amendments to go along with this change would be made to the ordinance originally adopted. Council Member Rogers Council Member Rogers said it was his intent to have at least two Friends members, but not more than two Friends members. Council Member Ferris Council Member Ferris said it was not his intent that the Friends members be limited to two. The intent was that any appointments could be made as long as there were at least two appointments of persons who were also Friends Board members. Council Member Cather Council Member Cather said it would be a mistake to limit the number of appointments to the Wichita Art Museum Board to only two members of the Friends Board. Council Member Cole Council Member Cole said it was also important that the Friends organization decide who they would like to have as representatives. Clarification -- Ferris clarified that the substitute motion should include that appointments from the Friends Board should be made from nominations from the Friends organization. -- failed Substitute motion failed 4 to 3. Cole, Rogers, Broadfoot - No. (Charter Ordinance requires 5 votes) -- carried Motion, as amended, carried 4 to 3. Cole, Rogers, Broadfoot - No. ORDINANCE An Ordinance amending Section 2 of Ordinance No. 42-615 establishing Section 2.12.090 of the Code of the City of Wichita, pertaining to membership of the Wichita Art Museum Board, and repealing the original of said Section, introduced and under the rules laid over. NORTHEAST LIBRARY APPROVAL TO CONSTRUCT AND/OR LEASE NORTHEAST LIBRARY FACILITY. Deferred from March 28, 1995. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-272. On March 7, l995, the City Council selected two sites for the proposed relocation of the Northeast Branch Library, now located in the Madison Square building. Because of redevelopment of this area by UBI, it is necessary to move the branch library facility. In l993, the City acquired the St. Marks Church property for renovation and relocation of the Northeast Library. Since that time, plans have been developed and ready for bid on this renovation. Because of the condition of the building, consideration has since been given to reconstructing a new building, essentially because of cost efficiencies. In l994, the City solicited preferred developers for the development of the parcel of land between the Bank IV building and the N/E Police Substation. At the February 1, l994, Council meeting, the City Council directed Staff to negotiate with JM Ltd. based upon JM Ltd.'s proposal for an office building. Subsequently, JM Ltd. proposed a facility with space to be leased to the City for the Northeast Branch relocation. Prior to making a determination on building versus leasing, the City Council requested that the options be evaluated in terms of costs and other determining factors. The City has a number of options. Recently, three options were discussed at the Council Workshop, including: 1. Remodeling & expanding the St. Marks Church bldg. 2. Building a new Library on the St. Marks Church site. 3. Leasing space from JM Ltd. in its proposed office bldg. Another option, of course, is to solicit proposals for other sites and leasing arrangements if the Council wishes to pursue the leasing (versus buy) option. An analysis of the options (above) addresses the costs (on a square foot basis) of the various options. It likewise provides information on land costs associated with both sites. The analysis does not take into consideration and policy or Council goals that might be associated with the development of the Library at the two locations, that is which might better serve the public or which might be the better overall site/option. For example, no consideration was given to one of the Council's strategies to encourage minority business development/investment in the 21st Street Corridor, or the number of jobs that might be created as a result of new construction. Since the analysis, JM Ltd. has reduced its leasing rate to $13.00 sq. ft. (from $14.00), for a total of $18.00 sq. ft. This compares with the other options, as follows: 1. Remodeling = $14.79 2. Construction of new bldg. = $15.30 3. JM Ltd. Leasing = $18.00 4. Alternative bidding = $15.75 (Build to suit) An additional consideration to the leasing costs contained in the JM Ltd. proposal, is the offer to dedicate the office building to the City at the end of the twenty (20) year amortization of the construction debt. It is anticipated that the building would be a two-story office-type building, with approximately 11,000 - 12,000 sq. ft., depending upon the ultimate footage of the library (currently anticipated to be a maximum of 5,000). The intent would be for the owners to receive a charitable donation deduction for federal income purposes. The legalities of this condition would have to be explored further with legal staff and IRS rulings. The Wichita Library Board met and reviewed the options and the JM Ltd. proposal. Action of the Board was to own the building on City land rather than lease the facility. Currently, the City has $125,000 in Community Development Block funding available for the remodeling of the church building. An additional $100,000 is was proposed in the l995-96 Consolidated HUD Plan. The Capital Improvements Program provided funding to support this project in an amount of $225,000, less $20,475 expended for design and related costs associated with development. In conjunction with the 21st Street widening project, the City has expended $148,771.95 for the St. Marks Church property. Approximately $202,500 has been expended for the property JM Ltd. wishes to acquire for its office building (between Bank IV and N/E Police facility). The Library Board has the authority, with the approval of the City Council, to purchase or lease sites and to erect buildings for the use of the Library. The City Council must approve budgets and expenditures of funds for such purposes. Motion -- Kamen moved that this Item be deferred two weeks for additional information. Council Member Ferris momentarily absent. -- carried Motion carried 5 to 2. Cather, Rogers - No. TRAFFIC COMMISSION TRAFFIC COMMISSION ITEMS -- 47TH STREET SOUTH AND EMPORIA INTERSECTION AREA. (District IV) Deferred from March 28, 1995. Bill McKinley Traffic Engineer reviewed the Item. Agenda Report No. 95-245. On February 15, 1995, the Traffic Commission held two public hearings. 47th Street South Intersection Area The City has received several requests for traffic signalization and traffic flow modifications at the intersection of 47th Street South and Emporia. Business owners have cited the need for traffic changes to reduce accidents at the intersection and to improve accessibility to businesses in the immediate area. The section of 47th Street South from Broadway to the interchange at I-135/I-235 is signed as U.S. 81 Highway; therefore, although the City maintains the street, improvements or modifications must be approved by the Kansas Department of Transportation (KDOT). Staff and KDOT have reviewed the traffic characteristics of the intersection several times, including the 1994 Christmas holiday season. Staff has prepared numerous alternate pavement configurations for this area. The South Wichita Business Association and CPO Council 4 both recommended Option 4, which would close a section of the north frontage road west of Emporia. KDOT and the Traffic Commission recommended Option 5, which is similar to Option 4, but also includes a possible rear access road to connect the businesses on the north side of 47th Street west of Emporia. 47th Street South Intersection Area Recent traffic counts taken on December 22, 1994 were compared to traffic counts taken on April 14, 1994. The December traffic counts indicated that volumes on 47th Street were up by about 10%, but volumes on Emporia did not increase. Staff believes that a 10% increase near a major shopping area during the holiday season is not uncommon. In addition to counting the traffic, accident data was updated. The traffic engineering information was submitted to KDOT for review. The results of staff and KDOT's analysis of the data and characteristics of the area resulted in the following conclusions and recommendations: 1. The intersection of 47th Street and Emporia does not warrant traffic signalization at this time. 2. A section of the north frontage road west of Emporia should be closed. 3. A rear access road connecting the businesses on the north side of the frontage road west of Emporia would improve accessibility to the commercial properties. The exact costs of the proposed changes have not been determined at this time, but rough estimates are $10,000- $15,000 for the frontage road changes and up to $50,000 for the rear access road. If the Council concurs with staff's recommendations, staff will explore possible funding options, including requesting funding from KDOT and suggesting special assessments or private financing for the rear access road. Bill McKinley Traffic Engineer said Option 4 or Option 5 (with private rear access to buildings) is recommended. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Duane Green Duane Green, Past President of the South Wichita Business Association, said the problem with moving the entry to the west is that it is impossible to make a turn back around. If the first entry is missed, there is no way to get back. Motion -- Reeser moved that Option 4 be approved with the understanding that if the three businesses come up with a private agreement on an access road in Option 5, Option 4 would not prevent Option 5 from occurring; and that Staff proceed with KDOT funding for the project for at least the frontage road. Council Member Reeser Council Member Reeser clarified that the intent is that the entrance would stay the same in both but that by approving Option 4 the Council is not excluding the possibility that Option 5 could happen if there is a private agreement. -- carried Motion carried 7 to 0. NEW BUSINESS Council Member Reeser momentarily absent. MARTIN SCHOOL SITE USE USE AGREEMENT WITH BOARD OF EDUCATION FOR MARTIN SCHOOL SITE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-273. The use agreement between the City of Wichita and the Board of Education of USD 259 will allow the Park Department to use the Martin School site, Richmond and 27th Street South, as a public playground. The Park Department will install appropriate playground equipment and maintain the site. The Contract would be for 10 years and would be automatically renewable each year thereafter. The site is in an area where the City has a deficit of neighborhood parks, and development of a playground at this site would help satisfy recommendations within the Comprehensive Plan. The City will pay USD 259 $1.00 each year of the ten-year contract, and $1.00 each year the contract is renewed thereafter. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Council Member Reeser Council Member Reeser requested information regarding Police Department patrol of parks. The information should be obtained from Sergeants. Motion -- Reeser moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. MOORE AVENUE BIDS BIDS FOR MOORE AVENUE FROM FIRST TO SECOND IN OLD TOWN AREA. Council Member Kamen declared a conflict of interest and left the Bench. Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-274. On March 17, 1995, bids were opened for the construction of Moore Avenue from First to Second Streets and an associated new water line. The project was bid with a Base Bid to complete all major construction work on or before July 1, 1995, and two alternate bids to require work schedules of Alternate #1 for 10 hours per day for six days a week and Alternate #2 for 24 hours per day for seven days a week. The bid specifications provided for late completion penalties of $2,000 per day. The specifications also required the contractors to submit alternate completion dates for the two alternate work schedules. The alternate work schedules and completion dates were bid to determine if early completion dates would be possible and economically feasible. Cornejo & Sons' bids were the lowest bids for all three completion options. Cornejo's Base Bid and it's Alternate #1 (10 hours per day for six days a week) work schedule were both within the City Engineer's construction cost estimate of $317,032. Cornejo's bid for Alternate #2 (24 hours per day for seven days a week) exceeded the City Engineer's estimate. A summary of Cornejo's bids (for the street work portion only) is as follows: Bid Amount Completion Date Base Bid $279,956.50 July 1, 1995 Alternate #1 $309,656.50 June 25, 1995 (6 days early) Alternate #2 $395,356.50 June 19, 1995 (12 days early) Earlier completion of the tied paving and water projects by June 25, 1995 per Alternate #1 will result in additional costs of $29,700 to be shared by the benefit district and the City. The paving project is funded 75% by Special Assessments and 25% by the City-at-large. However, because the City owns a significant portion of the improvement district area, approximately 68% of the project cost will be paid by the City-at-large. Upon City Council selection of the Base Bid or Alternate #1, the contract will be prepared for approval by the Law Department prior to execution by the Mayor. Through traffic will not be carried through construction. Access will be available for local businesses. Council Member Ferris momentarily absent. Motion -- Cole moved that a contract be awarded to Cornejo & Sons for the Base Bid and the Mayor be authorized to execute. There was some concern that Cornejo might not be able to complete the project in a timely fashion and it was clarified that there is a penalty for late completion. -- carried Motion carried 6 to 0. (Kamen absent) Council Member Kamen present. MUNICIPAL COURT JUDGE CHARTER ORDINANCE PERTAINING TO NEIGHBORHOOD MUNICIPAL COURT JUDGE POSITION. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 95-275. On March 28, 1995, the Council approved the establishment of the Neighborhood Municipal Court and the hiring of appropriate staff. The Law Department was directed to return with the necessary ordinances for the Court. The proposed Charter Ordinance creates a Neighborhood Municipal Court in addition to the current three divisions of municipal court. The jurisdiction, power, and term of the judge of the Neighborhood Municipal Court are to be established by simple ordinance. The proposed simple ordinance will be effective upon the effective date of the charter ordinance. It gives the judge of the Neighborhood Municipal Court the same jurisdiction, power, and authority as other judges of the municipal court. While the court is intended to primarily address nuisance, environmental, traffic, and non-DUI drug and alcohol cases, it has concurrent jurisdiction over all criminal and traffic violations. The purpose of the court is to provide a visible presence in the community and to work in the neighborhoods. The Court is authorized to meet in community and neighborhood locations and it is the intent that most sessions be in such locations. The court will have at least two dockets four days a week. The judge of the Neighborhood Municipal Court is appointed in the same manner as other judges. The term is until July 31, 1996 or the date of expiration of funding for the position under the Comprehensive Communities program, whichever comes first. The Council will have the discretion to determine whether the position will continue beyond that term. The Council may proceed with the selection of a municipal court judge for this position prior to the effective date of the charter ordinance. The judge will only be able to serve pro tempore until the charter ordinance is in place, however. No matching funds are required for the grant. There will be a budgetary impact in 1996 after the grant period ends if the City Council elects to continue the program. The ordinances create the necessary legal authority for the creation and operation of the Neighborhood Municipal Court during the grant term and thereafter if it is continued. Gary Rebenstorf Director of Law, responding to a question, said the thinking was that neighborhood court sessions would be held four days of the week, one day for each Neighborhood Police Substation; and Fridays the court staff would be at the City building preparing for the upcoming week's court schedule. The Bar Association will probably have names for Council consideration by April 18th. Motion -- Broadfoot moved that the ordinances be placed on first reading. Motion carried -- carried 7 to 0. CHARTER ORDINANCE A Charter Ordinance amending Charter Ordinance No. 90 of the City of Wichita pertaining to judges of the Municipal Court by the addition of supplemental provisions, introduced and under the rules laid over. ORDINANCE An Ordinance pertaining to the Neighborhood Municipal Court and creating Section 1.04.150 of the Code of the City of Wichita, introduced and under the rules laid over. Council Member Cole Council Member Cole said she would like consideration of letting the Committee that will ultimately select the Judge know that in perhaps three to six months the Committee might return and review the responses from the neighborhoods and whether the process appears to have worked well. The Committee might be charged with that ongoing duty now so that it will be known that in addition to helping the Council find someone who will do well in that Court, the Council would like the Committee to review how the project, as a whole, is going. Motion -- Cole moved that the Nominating Commission be requested to perform the duty of review of the Neighborhood Municipal Court at the end of six months and then at the end of one year; and the findings be reported to the City Council. Mayor Broadfoot Mayor Broadfoot said the Council has received the free services of an individual who is part of the American Society of Quality Controllers who is doing a "third party" measurement of the effects of some of the programs in the Neighborhood Initiative; and that person might be willing to work with the Nominating Commission to assist in the review. -- carried Motion carried 7 to 0. CMB ORDINANCE ORDINANCE PERTAINING TO PERMITTING CEREAL MALT BEVERAGE ON MCLEAN BOULEVARD DURING THE RIVER FESTIVAL. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 95-276. For the past several years the Wichita River Festival has sought a way in which to permit the sale and consumption of cereal malt beverage during events held at the West Bank Stage in a way which is not disruptive to those attending the event. Efforts to enlarge the licensed area to the east across McLean Boulevard have been prevented by Section 4.12.195 of the City Code which prohibits the possession of cereal malt beverage in an opened container on city streets and rights-of-way. The proposed amendment to Section 4.12.195 of the City Code suspends the prohibition against possession of cereal malt beverage in an opened container on McLean Boulevard between Douglas Avenue and Second Street during the time the street is closed to traffic for events which are permitted by the license issued to Wichita Festivals, Inc., for the Wichita River Festival. This will permit inclusion of the street and right-of-way for McLean Boulevard in the licensed area for the cereal malt beverage special event licenses issued in connection with the River Festival. Barbara Yarnell Barbara Yarnell, Executive Director of the River Festival, said the Beer Garden keeps the consumption of beer down. All that is being asked is that McLean, in the area it is blocked off for the Beer Garden, be considered not as a street. Council Member Cole Council Member Cole said she had approached by the Summer Nationals Drag Boat Race sponsors whether they could have a similar situation September 17th and 18th for McLean (Harry to Lincoln). Gary Rebenstorf Director of Law said the ordinance could be changed to include the additional area and wording that would approve events approved by the City Council. Council Member Ferris Council Member Ferris said the River Festival has a proven track record but he could not support an amendment to add other groups until each group had proven themselves as the River Festival had. Gary Rebenstorf Director of Law said the wording could read, "provided, however, that it shall not be unlawful to possess and consume such cereal malt beverage on McLean Boulevard between Second and Harry," and then go on with the language about the River Festival; and then add, "and events or organizations approved by the City Council." Council Member Ferris Council Member Ferris said the River Festival is a long standing situation and they are being approved to be able to handle cereal malt beverage period. The language does not say approve to sell cereal malt beverage because once a license or temporary license is granted on the consent agenda under license applications, approval has been given but an evaluation has not been done. If the language were cleaned up and made so a specific approval would have to be obtained, not just a license to sell cereal malt beverage or get a street closure approved. The Ordinance should require specific approval to be exempted from the ordinance - and the exemption would not be granted by a CMB license application/approval or a street closure request/approval. Someone could argue that approval was given when a CMB license or street closure request was approved. Mayor Broadfoot Mayor Broadfoot expressed concern with the wording "provided, however, that it shall not be unlawful to possess and consume such cereal malt beverage on McLean between Second and Harry." There are areas of McLean during the River Festival in which security becomes a problem and it is not desired that people possess and consume alcohol on McLean in that broad an area. If the ordinance is worded as stated, people will assume beer can be consumed all along McLean Boulevard. Gary Rebenstorf Director of Law said the language can be tightened to show that there has to be a specific designation of where the street is going to be closed. For the River Festival it had been defined as between Douglas and Second Street. It can read that it would depend upon the area that is requested to be closed. Council member Rogers Council Member Rogers said the language used may need to be reviewed because "and" is a conjunction that joins two likes so, in terms of the streets, "and" ties malt liquor and all of that together. Gary Rebenstorf Director of Law said the "and" could be changed to "or." Council Member Cole Council Member Cole said if some standards are to be used to determine that persons or groups other than the River Festival deserve this kind of accommodation, perhaps, as part of the approval process there might be some standards designed and, at that time, the specific area in which the ordinance would take effect for a specific event/organization could be defined. The approval process may need to be defined by a set of standards that an organization would respond to. Motion -- Broadfoot moved that the ordinance be approved and placed on first reading; and Staff be asked to return to the City Council any adjustments to the Ordinance allowing for inclusion of other groups or events of similar situations. Council Member Ferris Council Member Ferris added that during the River Festival McLean is closed from Douglas to Lewis and that could mean open containers could be legalized in that whole area. A lot of problems could be created. -- carried Motion carried 7 to 0. ORDINANCE An Ordinance amending Section 4.12.195 of the Code of the City of Wichita, Kansas, pertaining to the possession of cereal malt beverages on public streets and rights-of-way, and repealing the original of said Section, introduced and under the rules laid over. CITY COUNCIL AGENDA TRAVEL AUTHORIZATION APPROVAL OF COUNCIL MEMBER COLE'S TRAVEL TO WASHINGTON, DC, MAY 20-23, 1995, TO ATTEND NATIONAL TRUST CONFERENCE. Motion -- carried Ferris moved the expenditure be approved. Motion carried 7 to 0. APPROVAL OF COUNCIL MEMBER AND SPOUSE TRAVEL TO ORLEANS, FRANCE, FOR JOAN OF ARC FESTIVAL, APRIL 27-30, 1995. Motion -- carried Ferris moved the expenditure be approved. Motion carried 7 to 0. APPOINTMENTS APPOINTMENT TO WICHITA PUBLIC BUILDING COMMISSION. One appointment (Cather), for a term to expire June 30, 1995. Motion -- carried Cather moved that the appointment be deferred two weeks. Motion carried 7 to 0. APPOINTMENTS TO COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. Two appointments (Reeser, Rogers), for terms expiring June 30, 1995. Motion -- Ferris moved that Reeser's appointment be considered after the Planning Agenda. -- carried Motion carried 7 to 0. (After the Planning Agenda, the Council returned to this Item.) Motion -- carried Reeser moved that the appointment be deferred two weeks. Motion carried 7 to 0. Motion -- carried Rogers moved that the appointment be deferred two weeks. Motion carried 7 to 0. APPOINTMENT TO TRAFFIC COMMISSION. One appointment (Cole), for a term expiring June 30, 1995. Motion -- carried Cole moved that the appointment be deferred two weeks. Motion carried 7 to 0. APPOINTMENT TO WICHITA COMMISSION ON THE STATUS OF WOMEN. One appointment (Cole), for a term expiring June 30, 1995. Motion -- Cole appointed Melody White and moved that the appointment be approved. Motion -- carried carried 7 to 0. APPOINTMENT TO HISTORIC PRESERVATION BOARD. One appointment (Rogers), for a term expiring June 30, 1995. Motion -- Rogers appointed Claire Willenberg and moved that the appointment be approved. -- carried Motion carried 7 to 0. PROCLAMATION PROCLAMATION. Motion -- carried Broadfoot moved that the proclamations be authorized. Motion carried 7 to 0. OFF AGENDA ITEM DOWNTOWN SPRING CLEAN-UP. Motion -- carried Cole moved that an Item be taken up off the Agenda. Motion carried 7 to 0. Council Member Cole Council Member Cole told the Council of a neighborhood clean-up effort which is being planned for the Downtown area. There are a number of Downtown organizations which are considering a Spring Neighborhood Clean-up; and asked whether it would be possible to make available to the organizations and volunteers the same equipment that is made available to neighborhood efforts to clean-up (dump trucks, street sweepers, etc.). Consensus of the Council was that the equipment be made available to the Downtown clean-up effort. CONSENT AGENDA Broadfoot moved that the Consent Agenda, including addendum items, except Item 12(f), be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. (Addendum Item 1a was pulled.) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MARCH 27, 1995. At 10:00 a.m., Friday, March 24, 1995, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes 3/27/95) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Water Distribution System to serve Savanna @ Castle Rock Ranch 7th Addition (north of 13th, east of 143rd Street East). (448-88872/732511/470329) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-29-94) (District n/a) as per specifications WBW Contractors - $39,570.00 Sanitary Sewer Reconstruction from south of Munnell to Dayton on Seneca. (468-82452/621011/533205) Traffic to be maintained through construction. (Council approval date 12-14-93) (District 6)as per specifications WB Carter Construction Co., Inc. - $48,326.00 Lateral 129, Main 4, Sanitary Sewer #23 Meadow Creek Addition (south of 29th, west of Fairview). (468- 82445/742213/480313) Does not affect existing traffic. (Council approval date 01-10-95) (District 6)as per specifications WB Carter Construction Co., Inc. - $31,000.00 Osie from the east line of Cranbrook to and including the cul-de-sac in Huntcrest 2nd and Grundman Additions (east of Webb, south of Harry). (472-81658/762955/490398) Traffic will not be carried through construction. (Council approval date 06-23-87) (District 2)as per specifications Ritchie Paving - $50,679.80 Prescott from the east line of Lot 50, Block 12, Pawnee Mesa Addition to the east line of Prescott Court; Prescott and Prescott Court from the north line of Pawnee Avenue to and including the cul-de-sac; Blake from the west line of Prescott to the east line of Rutledge; and on Rutledge and Rutledge Circle from the southwest corner of Lots 28, Block 12, Pawnee Mesa Addition to and including the cul-de-sac in Pawnee Mesa Addition (north of Pawnee, west of Lark). (472-82490/762740/490377) Does not affect existing traffic. (Council approval date 08-16- 94) (District 5) as per specifications Ritchie Paving - $222,164.75 (Alternate #2) 1995 Contract Maintenance Asphalt Concrete Overlay of Arterial Concrete Streets at various locations. (132308 (621029 MH Adj) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-20-94) (District all) as per specifications Cornejo & Sons - $67,350.00 - Engineer's Estimate The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid and within the Engineer's construction estimate. Broadfoot moved that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign the contract for the City. Motion carried 7 to 0. PARK DEPARTMENT: GROUNDS MAINTENANCE AS PER SPECIFICATIONS Maid in USA - $12,300.00 (Total Net Bid) WATER & SEWER/CUSTOMER SERVICES: HAND HELD METER READING UNITS AS PER SPECIFICATIONS RA-BAR Limited - $16,950.00 (Total Net Bid)# #Plus applicable sales tax WATER & SEWER/DISTRIBUTION: WATER WORKS SUPPLIESAS PER SPECIFICATIONS Group I: Wichita Winwater Works - $9,335.15 (Total Net Bid)# ** Group II: Ferguson Ent. - $9,997.32 (Total Net Bid)# * Group III: Wichita Winwater Works - $3,560.00 (Total Net Bid)# ** Group IV: Ferguson Ent. - $ 254.00 (Total Net Bid)# * Group V: Ferguson Ent. - $2,050.00 (Total Net Bid)# * Group VI: Collar Company Inc. - $1,076.50 (Total Net Bid)# Group VII: Ferguson Ent. - $ 168.90 (Total Net Bid)# * Group VIII: Hajoca Corporation - $ 580.00 (Total Net Bid)# ** Group IX: Central Service, Inc. $ 75.60 (Total Net Bid)# # plus applicable sales tax * 1% - 30 ** 2% - 10 WATER & SEWER/SEWAGE TREATMENT: CHLORINE FEED UNITAS PER SPECIFICATIONS Gardiner Equipment Co. - $9,732.00 The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, same being the lowest and best bid. Broadfoot moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Adult Entertainment 1995 Robert Floyd Kellogg Gift Shop, Inc. 6143 W. Kellogg DBA: Christies Toy Box Special Event 1995 Wendy Johnson Kansas Newman College3100 McCormick 1995 Renaissance Faire Renewal 1995 (Consumption on Premises) Larry S. Adair The Cedar Saloon & Eatery*3906 E. 13th E.S. Webb Pizza Backeri* 500 W. Douglas New Operator 1995 (Consumption on Premises) Judith A. Whitney Duffy's Lounge 2415 W. 31st South Manjur Alam India Gate 1504 W. 21st *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Broadfoot moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS PLANS AND SPECIFICATIONS. a. Custer Court from the east line of Custer to and including Hammerhead, Ebersole Addition (west of Custer, south of 13th). (472-82496/762906/490383) Does not affect existing traffic. (Council approval date 04-04-95) (District 6) b. Water Line Relocation at the Harry Street Bridge over the Spring Branch of Four Mile Creek (Harry and 159th Street East). (448-88892/633412) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-14-93) (District n/a) c. Relocate a portion of Submain, Sanitary Sewer #21 (Ice Rink) (Maple and Sycamore). (468-82454/621037) Does not affect existing traffic. (Council approval date 12-14- 93) (District 6) Motion -- Broadfoot moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., April 14, 1995. Motion carried 7 to 0. \PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve Savanna @ Castle Rock Ranch 7th Addition (north of 13th, east of 143rd Street East) - $83,738.18. (448-88872/732511/470329) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-29-94) (District n/a) b. Sanitary Sewer Reconstruction from south of Munnell to Dayton on Seneca - $125,181.62. (468- 82452/621011/533205) Traffic to be maintained through construction. (Council approval date 12-14-93) (District 6) c. Lateral 129, Main 4, Sanitary Sewer #23 Meadow Creek Addition (south of 29th, west of Fairview) - $61,800. (468-82445/742213/480313) Does not affect existing traffic. (Council approval date 01-10-95) (District 6) d. Osie from the east line of Cranbrook to and including the cul-de-sac in Huntcrest 2nd and Grundman Additions (east of Webb, south of Harry) - $87,000. (472- 81658/762955/490398) Traffic will not be carried through construction. (Council approval date 06-23-87) (District 2) e. Prescott from the east line of Lot 50, Block 12, Pawnee Mesa Addition to the east line of Prescott Court; Prescott and Prescott Court from the north line of Pawnee Avenue to and including the cul-de-sac; Blake from the west line of Prescott to the east line of Rutledge; and on Rutledge and Rutledge Circle from the southwest corner of Lots 28, Block 12, Pawnee Mesa Addition to and including the cul-de-sac in Pawnee Mesa Addition (north of Pawnee, west of Lark) - $272,303. (472- 82490/762740/490377) Does not affect existing traffic. (Council approval date 08-16-94) (District 5) f. 1995 Contract Maintenance Asphalt Concrete Overlay of Arterial Concrete Streets at various locations - $72,650. (132308 (621029 MH Adj) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-20-94) (District all) g. Central Business District Signalization Program - $40,000. (710145/472-82503)(410065) (DESIGN ONLY) h. Amended Preliminary Estimate of the cost of the Westlink Rolling Hills Drainage Improvement (west of Tyler, north of Maple) - $1,177,700. (724013/472-82258) (420502) Motion -- Broadfoot moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. PETITION - 100 PERCENT PETITION (100%) TO PAVE CUSTER COURT TO SERVE EBERSOLE ADDITION (WEST OF CUSTER, SOUTH OF 13TH). (District VI) Agenda Report No. 95-278. On August 23, 1994, the City Council approved a paving petition to serve Ebersole Addition. An attempt to award a construction contract within the budgetary limitations of the petition was unsuccessful. A new petition with an increased budget is being submitted. The signature on the new petition represents 100% of the improvement district. The original project budget was $28,500. The new petition contains a $45,000 budget. The funding source is Special Assessments. Motion -- Broadfoot moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95-160 Resolution of findings of advisability and Resolution authorizing improving of Custer Court from the west line of Custer to and including Hammerhead, Ebersole Addition, Project No. 472-82496 (west of Custer, south of 13th) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Park Commissioners, 3/13/95 CPO Northeast Council 1, 3/20/95 CPO Southwest Council 4, 3/23/95 CPO North Central Council 6, 3/22/95 Wichita Employees' Retirement System, 3/15/95 Motion -- carried Broadfoot moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES CONSIDERATION OF STREET CLOSURES. There were no street closures considered. IRB - SHEPLERS, INC. RENEWAL OF LETTER OF INTENT - SHEPLERS, INC. Agenda Report No. 95-279. On September 29, 1994, the City Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not to exceed $5,150,000 to Sheplers, Inc. to finance a two-phased expansion project. Phase one, the construction of a 40,000 sq. ft. addition to the existing catalog distribution center at 4950 S. Laura, was completed in 1994 and the Council approved the issuance of $1.4 million in bonds on May 17, 1994. On November 26, 1994, the City Council approved a six-month extension of the Letter of Intent to allow more time for Sheplers to start phase two of the project, a 30,000 sq. ft. addition to the existing corporate office facility at 6501 W. Kellogg. Sheplers, Inc. is requesting that the City Council extend their Letter of Intent for an additional 24-month period to March 29, 1997. Sheplers cited conflicting financial priorities and the disruption caused by the construction of the Dugan Interchange on West Kellogg as the reasons for their request for an extension. The letter of request stated that Sheplers' management remains committed to expanding the corporate offices on West Kellogg. The City's Public Works Department estimates that work on the Dugan Interchange will be completed by March 31, 1996. The new expiration date for the Letter of Intent will allow another six months for completing the expansion of the corporate offices before issuance of the final series of bonds. Sheplers, Inc. agrees to pay all costs of issuing the bonds and agrees to the City's administrative fee for the term of the bonds. Costs for extending the Letter of Intent will be included in the costs to issue the bonds. Motion -- Broadfoot moved that the extension of Sheplers, Inc. Letter of Intent for a -- carried 24-month period to March 29, 1997, be approved. Motion carried 7 to 0. AGREEMENTS AGREEMENTS. a. Supplemental Agreement for Water Main Relocation in Rock Road, north of 13th Street North. (District II) Agenda Report No. 95-280. On July 12, 1994, the City Council approved a contract with Savoy, Ruggles & Bohm, P.A. (SRB) to design accel/decel and left turn/right turn lanes on Rock Road, north of 13th Street North to serve properties on the west side of Rock Road. The Water Department has requested that SRB prepare plans for the relocation of an existing water line where it conflicts with the proposed street construction so that the relocation work can be constructed prior to or in conjunction with construction of the paving improvements. Payment to SRB will be on a lump sum basis not to exceed $1,900 and will be paid from Water Utility funds included in the 1995 Capital Improvement Program (W-65, Unidentified Water Mains). Motion -- Broadfoot moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to execute. Motion carried 7 to 0. b. Agreement for Design Services for the Northwest Transmission Facility. (Districts IV, V, VI) Agenda Report No. 95-281. On May 17, 1994, the City Council approved the design of the Northwest Transmission Facility; and on February 10, 1995, the Staff Screening and Selection Committee selected Professional Engineering Consultants, P.A. (PEC) to design the Facility. The project is included in the 1994 Capital Improvement Program (CIP No. W-510). According to the Water Master Plan by Camp Dresser & McKee, this project is needed to deliver adequate supplies of water to refill a new storage facility and boost pressures on the west side of Wichita. This project will provide additional transmission main redundancy across the Arkansas River and the flood control ditch. Payment to PEC will be on a cost plus percentage of cost basis not to exceed $178,212.40 and will be paid from Water Utility Funds. Motion -- Broadfoot moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. c. Agreement for Design Services for McLean Boulevard from Walnut to south of Taft and Riverbank Improvements. (District VI) Agenda Report No. 95-282. On March 29, 1994, the City Council authorized the Staff Screening and Selection Committee to select a design team for McLean Boulevard from Walnut to south of Taft and for Riverbank Improvements. Proposals were received from six firms. McCluggage, Van Sickle & Perry Corporation was selected for these projects because of its knowledge and expertise. The McLean Boulevard project will improve the roadway and make the river corridor more attractive for public use while improving traffic flow and providing a key access way to downtown. The Riverbank Improvement Project will develop design concepts for reconstructing river front grades, making bank modifications, providing landscaping and signage, and other miscellaneous embellishments including permanent power for river front events, lighting, a promenade, and improvements to existing bike paths. This project also provides an "inner-city" wild life habitat area. Payment to McCluggage, Van Sickle & Perry will be on a cost plus percentage of cost basis not to exceed $400,000. The cost for the Riverbank Improvements is $100,000 and will be paid from General Obligation Bonds included in the 1995 Capital Improvement Program (CIP No. CA-9213). The cost to design McLean Boulevard is $286,000 and will be paid from Local Sales Tax Funds included in the 1995 CIP (No. CA-9214). The cost to design the relocation of a 36" water line in McLean is $14,000 and will be paid from Water Utility Funds included in the 1995 CIP (No. W-65). Motion -- Broadfoot moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. PROPERTY ACQUISITIONS PROPERTY ACQUISITIONS. a. Part of Reserve A, Builder's First Addition (Tract #11) for UBI Financial Services, Inc. - Northeast Community Investment Project. Agenda Report No. 95-283. On September 13, 1994, the City Council approved the Developer Agreement making UBI Financial Services, Inc. the preferred developer for the Northeast Community Investment Project. The Developer Agreement requires the City to acquire any property necessary for the Project. The City or UBI has previously acquired or is in the process of acquiring all other properties needed for the Project. The subject parcel is the last property to be acquired. The property is a 5 foot by 110 foot strip described as the east 5 feet of the west 80 feet of the north 110 feet of Reserve A in Builders First Addition to Wichita, Sedgwick County, Kansas and is owned by David Loughridge. The site is unimproved. The property is a 5 foot by 110 foot strip of land. Due to its size, no appraisal was undertaken. After initiation of eminent domain, the owner and staff arrived a negotiated sale price of $825. This equates to $1.50 per square foot and is comparable to the price paid for other properties in the area. Funds for acquisition will be provided through the issuance of Urban Renewal General Obligation Bonds. A budget of $1,000 is requested. This includes $825 for acquisition and $175 for closing costs and title insurance. Motion -- Broadfoot moved that the budget be approved; and the Real Estate Purchase -- carried Contract be approved and the Mayor be authorized to sign. Motion carried 7 to 0. b. 2414 S. Meridian (Tract #2) for the Meridian/McCormick Intersection Upgrade. (District VI) Agenda Report No. 95-284. The Meridian/McCormick Intersection Upgrade Project, approved by Council on June 28, 1994, will require the acquisition of 4 partial takings and 4 temporary easements. One of the properties identified for partial taking is identified as Tract #2, located at 2414 S. Meridian and is owned by McCormick Properties LTD. The property is currently used by Tom's Auto Service. There is a sign on the proposed right-of-way which will need to be relocated. The property has already been placed on first reading for the eminent domain process. The value of the property has been estimated at $1,000. Since the estimated value of the taking is less than the limit set by Federal regulations, no appraisal of the property was required. Due to the timing requirements for the project, eminent domain action was initiated. The property owner has since agreed to sell the property to the City for $1,000. Another consideration of the contract is that the City allow the auto shop to utilize the adjacent gravel lot for parking, for a period of one year from the date of closing. A representative from Central Inspection has stated that this would be agreeable considering the circumstances of the City temporarily using part of the property for the project. Acquisition costs to date total $146,300 with closing, relocation and demolition costs of $42,400 for a total of $188,700. Funds have been budgeted in the 1994 Capital Improvement Program in the amount of $350,000. A budget of $1,300 in funds includes: $1,000 for acquisition, and $300 for closing costs, title insurance, survey, operating and maintenance expenses. Motion -- Broadfoot moved that the budget be approved; and the Real Estate Purchase -- carried Contract be approved and the Mayor be authorized to sign. Motion carried 7 to 0. c. #24 Peach Tree Lane for the East Kellogg Project. (District II) Agenda Report No. 95-285. When the opportunity arises, the City of Wichita acquires right-of-way for the East Kellogg Improvement Project. The opportunity purchases are made if the property is vacant or if the owner makes the initial contact to sell and is willing to well at the negotiated price offered by the City. One such opportunity is located at the northeast corner of Peach Tree and Kellogg. The property address is #24 Peach Tree Lane (Lot 14, except the South 25 feet to the City and except the North 14.6 feet, Block Y, Eastborough 3rd Addition) and is owned by Donald E. and Marjorie A. Crane. The property has been appraised by Jerry L. Cooper, SRA on 1/9/95 for $108,000. The property was formerly appraised by James D. Schmidt CREA on 2/21/94 for $115,000; consequently, the appraised value was offered at that time, because the City expects to use federal funds for a portion of this project. Mr. Crane is eligible for a replacement housing payment under the guidelines of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as a requirement of that Act. A study of comparable replacement housing must be conducted and it has been determined that $11,500 as a fair supplemental payment for relocation. Mr. Crane has offered to sell the property to the City for $119,000 based on the appraised value plus the supplemental payment. Funds have been budgeted in the 1995 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $121,500 in funds includes: $119,500 for acquisition, and $2,000 for closing costs, title insurance, survey. After acquisition, the property will be leased for $979 on a month-to-month basis until Mr. Crane finds a replacement dwelling. This lease rate approximates market rents for this property. Motion -- Broadfoot moved that the budget be approved; and the Real Estate Purchase -- carried Contract be approved and the Mayor be authorized to sign. Motion carried 7 to 0. d. 3.87 acres at 29th Street North and Woodlawn. (District I) Agenda Report No. 95-286. The Great Plains Nature Center is being constructed and will be operated and maintained under a joint venture between the United States Department of the Interior, Fish and Wildlife Service; Kansas Department of Wildlife and Parks; and the City of Wichita. Located at 6232 East 29th Street North, the facility will encompass approximately 23,000 square feet consisting of an aquarium, 200-seat auditorium, wildlife observatory, gift shop, classrooms, and offices for both the Center's staff and the regional office of Wildlife and Parks. Total project cost is approximately $6,100,000. The Center is located next to Chisholm Creek Park and will be linked to the Park's system of nature trails providing access to tallgrass prairies, wetlands and riparian woodlands. When completed, the facility will provide a regional center for environmental education. Part of the Fish and Wildlife Service's responsibilities was to acquire the site for the Center. In July, 1994, the Dept. of Interior began discussions with the owner of 3.87 acres with frontage on both Woodlawn (approximately 320 feet) and 29th Street North (approximately 430 feet) offering to pay $1.00 per square foot for the site. While well below the appraised value of the property (approximately $4.00 per square foot), the owner is willing to sell at this amount and claim the difference in value as a donation. With this acquisition, the only parcel in the assemblage not controlled would be a 175 foot by 175 foot parcel at the corner of 29th Street North and Woodlawn. Park & Recreation Staff proposes to temporarily replace the Fish and Wildlife Service in the transaction to allow time for the Dept. of Interior to receive approval to acquire the property. The Fish and Wildlife Service will acquire this property from the City as soon as special funding is received. The owner of the property has agreed to sell the site to the City for $168,778 ($1.00 per square foot) and has signed a contract to that effect. The property was appraised by the Roger Turner Company in August 1994. The appraiser valued the site at $670,000 if the site were sold as three separate tracts as platted or $440,000 ($2.61 per square foot) as an assemblage The owner intends to take a tax deduction for the difference between the sales price and the appraised value. Funds for acquisition will be provided from the Park Department's CIP budget. These funds will be reimbursed upon the Fish and Wildlife Service requesting and receiving funds to acquire the property. A budget of $174,778 is requested for this transaction. This includes $168,778 for the acquisition and $6,000 for closing costs, title insurance, surveys and maintenance costs until the property is transferred to Federal ownership. Motion -- Broadfoot moved that the budget be approved; the Purchase Contract be approved and the Mayor be authorized to sign; and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-95-161 A Resolution approving the acquisition for park purposes of certain real property located at the northwest corner of Woodlawn and 29th Street North in the City of Wichita and declaring it to be the intention of the City to issue general obligation bonds in an amount not to exceed $180,000.00 to pay all or a portion of the costs of such acquisition, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. MEADOW CREEK PAVING RESOLUTION OF FINDINGS OF ADVISABILITY AND RESOLUTION AUTHORIZING MEADOW CREEK PAVING PROJECT (SOUTH OF 29TH ST. NORTH, WEST OF FAIRVIEW) PROJECT NO. 472-82552. (District VI) Agenda Report No. 95-287. On January 10, 1995, the City Council approved a paving petition for Meadow Creek Addition, a new residential development. The project is scheduled for construction this spring. The preliminary plat for Meadow Creek Addition indicated that an interior street would be named Waco. It was later changed to Meadow Creek. The purpose of the resolution is to update the paving project to reflect the change. (Rescinds Resolution No. R-95-017 adopted January 10, 1995.) The project cost is not affected. Motion -- carried Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95-162 Resolution of findings of advisability and Resolution authorizing improving of Meadow Creek Street from the north line of Lot 6, Block 2, to the west line of Fairview, Meadow Creek Addition, Project No. 472-82552 (south of 29th Street North, west of Broadway) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. (ITEM NO. 12) CONTRACT AMENDMENT AMENDMENT OF CONTRACT WITH MORRIS, LAING, EVANS BROCK & KENNEDY FOR EMINENT LEGAL SERVICES DOMAIN LEGAL SERVICES. Agenda Report No. 95-288. In 1993, the City entered into a contract with the law firm of Morris, Laing, Evans, Brock & Kennedy to provide legal services to the City in connection with any eminent domain, inverse condemnation or related property acquisition matters. The firm is interested in continuing to provide the City representation in these areas. The term of the current contract for legal services would be extended to March 31, 1996. Based on the high quality service of the firm and the continuing nature of many of the eminent domain cases currently being managed by the firm it is recommended that the firm be retained to provide eminent domain legal services. In all the cases handled by the firm, Joe Kennedy, a senior partner of the firm, has personally supervised the legal work and has performed the trial work when cases required court appearances. Robert W. Coykendall, a partner in the firm has also provided legal services on eminent domain cases. The results that they and the firm have accomplished to date have been excellent. The contract extension continues the fee schedule originally established with the exception of increasing the research hourly rate for all attorneys from $80 to $100, increasing the hourly rates to be charged for the work of Joseph W. Kennedy from a flat $100 to $125 for in-court services and $100 for out of court services, and increasing the hourly rate for Robert W. Coykendall from $90 to $100. The fees, including the increased rate, are well below the fees regularly charged by comparable firms in the City for similar legal work. The reason for the increase is to reflect the commitment that the firm has made to make Mr. Kennedy, its senior litigator, available regularly for City matters. When the contract was originally negotiated the rates were established on the basis that Mr. Kennedy would provide supervisory support and occasional trial work. That was never the case in practice and the increases reflect that change and the significant advantage to the City that has resulted from his direct involvement in these significant litigation matters. Further, it was not originally anticipated that Mr. Coykendall would provide significant legal services. However, the firm has committed to make Mr. Coykendall available for eminent domain cases. Council Member Ferris Council Member Ferris said the firm was originally selected because their price was lower. A bid and proposal process was had and now the City Council is increasing the rate without going through the process of solicitation. The firm was selected because they had experience and their rate was lower. Gary Rebenstorf Director of Law, responding to a question, explained that this increase would not put the fee above the second lowest bid originally received. When originally proposed, it was not anticipated, as it has turned out, that Mr. Kennedy or Mr. Coykendall would be handling a majority of the cases. Motion -- Reeser moved that the Contract Amendment be approved and the Mayor be authorized to execute. Subst. Motion -- Kamen moved a substitute motion that if the present firm insists on the raise, new bids be solicited; if the present firm continues the work at the present rates, the contract be continued. The City would not allow a construction company to raise the cost of a contract just because the company felt the additional money was needed. Council Member Ferris Council Member Ferris said it was originally presented to the Council that Mr. Kennedy would be doing most of the cases, Mr. Kennedy had the desired experience, and the firm was the least expensive - the reasons the firm was recommended and selected. Council Member Rogers Council Member Rogers pointed out that without the amendment there is still a contract. Gary Rebenstorf Director of Law explained that the Contract Amendment would increase the fees and extend the Contract for one year. -- failed Substitute motion failed 5 to 2. Cather, Cole, Reeser, Rogers, Broadfoot - No. -- carried Motion carried 5 to 2. Ferris, Kamen - No. BOND COUNSEL CONTRACT EXTENSION OF CONTRACT FOR BOND COUNSEL LEGAL SERVICES. Agenda Report No. 95-289. In 1993, the City entered into a contract with the law firm of Hinkle, Eberhart & Elkouri, L.L.C., in which that firm agreed to provide legal services as the City's bond counsel. The firm is interested in continuing as the City's bond counsel. The term of the current contract for bond counsel legal services would be extended to March 31, 1996. Based on the excellent service of the firm and the continuing nature of many of the bond projects currently being managed by the firm, it is recommended that the firm of Hinkle, Eberhart & Elkouri, L.L.C. be retained as the City's bond counsel for the extended contract term. The costs of these legal services will generally be paid as part of the expense of issuing bonds and notes of the City. Motion -- Broadfoot moved that the Contract Extension be approved and the Mayor be -- carried authorized to execute. Motion carried 7 to 0. BRADY BILL STAFFING APPROVAL OF STAFFING FOR FEDERAL BRADY BILL BACKGROUND CHECK. Agenda Report No. 95-290. The 1995/96 Adopted Budget provided an appropriation for additional staffing required under the federal Brady Bill for background checks. These personnel will also be used to enforce provisions of the City's gun ordinance. A determination was made that, at this time, it would be more appropriate for the Police Department to handle these background checks within the City versus contracting with Sedgwick County Sheriff's Department. Since the implementation of the Brady Bill and the City's Gun Ordinance, the Police Department has been processing gun transaction application by utilizing light-duty officers (injured officers), existing Records Division personnel and equipment. Because of the number of gun transactions, this added task has begun to detract from the other necessary functions in the Records Division and has compounded backlogs for transcribing reports and microfilming. Police management has proposed that two Clerk IIIs (range 617), one computer terminal, two telephones, an answering machine, along with miscellaneous office supplies for processing gun transaction applications be approved. To meet peak demands, the work of these two clerks would be supplemented by light-duty officers when possible. By adding these two clerks, personnel currently assigned processing gun transaction applications will be able to return to their regular duties. From the period when the Brady Bill became effective a total of 6,181 firearm background checks have been processed. Police personnel have been handling about 26 Brady Bill/City Ordinance checks each day. According to police management, it requires about twenty (20) minutes to process each application. [This process includes querying three separate computer formats and informational data base (i.e. City, County and NCCIC), form completion, filing, logging and transmitting the information to the applicant.] The proposed administrative cost for the gun background process the cost is approximately $63,000 per year, a savings of approximately $12,000 per year when compared to contracting with Sedgwick County for this service. Motion -- Broadfoot moved that the proposed staffing and budget adjustment be approved. -- carried Motion carried 7 to 0. ART EXHIBIT RFP REQUEST FOR PROPOSALS FOR ART EXHIBIT. Agenda Report No. 95-291. In cooperation with the Kansas Department of Commerce, the City is pursuing the prospects of securing a major Russian art exhibit for the Wichita Art Museum. This effort is still exploratory and no commitments have been made either by Russian officials or State/City officials. If successful, the art exhibition would represent the only opportunity for unique Russian artifacts to be displayed in the United States and would draw an audience from around the country. Two initial and necessary steps in this effort are the commissioning of (a) a market feasibility study to ascertain if the income from such an exhibition would generate sufficient income to offset costs; and (b) an exhibition design study to determine specific costs as to insurance, transportation and display of the exhibit pieces. The Art Museum staff has drafted two Request for Proposals (RFPs) to solicit the services of qualified consultants to conduct these studies. It is anticipated that the market study will be commissioned as soon as possible while the exhibit design study would wait until additional and more detailed information is forthcoming about the exhibition particulars (e.g. number and type of artifacts, etc.). The City Council is asked to approve the RFPs and the solicitation of consultant responses. Actual contracts with designated consultants would be returned for consideration and approval at a later Council meeting. The Kansas Department of Commerce has committed a grant for the preliminary activities in connection with this project. The cost of the two studies would be funded from that grant. Motion -- Broadfoot moved that the Request for Proposals (RFPs) be approved and staff be -- carried authorized to solicit responses. Motion carried 7 to 0. ADDENDUM ITEM CDBG CONTRACT CDBG CONTRACT - NATIONAL HISPANIC COUNCIL. Agenda Report No. 95-302. On May 17, 1994, the Council allocated CDBG funds for site improvements at the Familia Multi-Cultural Center, 841 West 21st Street, which provides funds to resurface and expand existing parking, install exterior lighting, and construct a courtyard wall. The contract is for $100,000. Motion -- Broadfoot moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. ADDENDUM ITEM CHDO CONTRACT COMMUNITY DEVELOPMENT COALITION (CDC) COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) CONTRACT FOR OPERATING FUNDS. Agenda Report No. 95-303. February 7, 1995, City Council approved CDC's request for a $50,000 operating grant from the HOME Investment Partnerships Fund. HUD has authorized the use of up to 5% of City's annual HOME allocation for CHDO operating expenses. In any given fiscal year, a CHDO may receive up to 50% or $50,000, whichever is less, of its total operating expenses from HOME. Operating expenses are defined as "reasonable and necessary costs for the operation of the CHDO. Such costs include salaries, wages, other employee compensation and benefits, employee education, training and travel, rent, insurance and equipment, materials and supplies." Funding for this award will be allocated from the FY 1993 HOME Investment Partnerships Budget. Motion -- Broadfoot moved that the CHDO Contract be approved and the Mayor be authorized to sign; and an amendment to the 1993 HOME Program Description reflecting this grant -- carried award be authorized. Motion carried 7 to 0. ADDENDUM ITEM 21ST STREET CORRIDOR 21ST STREET CORRIDOR IMPROVEMENT PROJECT - GRANT AWARD. Agenda Report No. 95-305. Public Law 103-327, the Appropriations Act of 1995, directed the U.S. Department of Housing and Urban Development (HUD) to provide funds for 258 designated special purpose grants. The Act designated designated $1,500,000 for the 21st Street Corridor Improvement project and $600,000 for capital costs associated with the Heartspring school for children with disabilities. Heartspring will assume responsibility for its own project and grant application. On January 24, 1995, the City Council approved the submittal of a grant application to the U.S. Department of Housing and Urban Development for a Special Purpose grant for the 21st Street Corridor Improvement project. On March 7, 1995 the City of Wichita was notified by the U.S. Department of Housing and Urban Development that the City has been awarded a Special Purpose grant in the amount of $1,500,000 for the 21st Street Corridor Improvement project. The grant provides funding to pay for a portion of the acquisition costs of property. The remaining acquisition costs will be borne by the City. HUD funding will be a significant contribution to the 21st Street Corridor Improvement project. The grant will be used for property acquisition. The City is working on securing other federal resources for the 21st Street development. The grant award documents must be executed by the City and submitted to the U.S. Department of Housing and Urban Development to accept the grant. Motion -- Broadfoot moved that the Grant be approved and the Mayor be authorized to sign -- carried the necessary documents. Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First Reading 3/28/95) 472-82369 ORDINANCE NO. 42-763 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of Improving of St. Louis from the east line of McComas South to the west line of Sheridan, (south of Central, east of West Street), 472- 82369/761999/490-302, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. 472-82382 ORDINANCE NO. 42-764 An Ordinance levying assessments on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of improving of 9th Street from the east line of Hoover to the west line of Lot 1, Block A, West Forest Third Addition and that sidewalk be constructed on both sides of 9th Street from the east line of Hoover Street to the west line of Lot 1, Block A, East Forest Third Addition (north of Central, east of Hoover), 472- 82382/762112/ 490-314, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. A-95-4 ORDINANCE NO. 42-765 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, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. A-95-4 Fishing and Hunting ORDINANCE NO. 42-766 An Ordinance repealing Section 9.04.120 of the Code of the City of Wichita, Kansas, pertaining to fishing and hunting and repealing the originals of said section, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. Convention Hotel ORDINANCE NO. 42-767 An Ordinance authorizing the issuance of bonds by the City of Wichita, Kansas, at large for public improvements for a hotel with meeting rooms and an adjoining parking garage, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. Convention Hotel ORDINANCE NO. 42-768 An Ordinance of the City of Wichita, Kansas, implementing the provisions of Section 4 of Charter Ordinance No. 111, as amended by Charter Ordinance No. 156, pertaining to public bid requirements, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. Harry and Edgemoor ORDINANCE NO. 42-769 An Ordinance declaring it necessary to authorize Harry and Edgemoor drainage improvements (468-82138) in the City of Wichita, Kansas; ordering and providing for the improvements thereof; and providing for payment of the cost thereof, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 1 through 9 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Reeser moved that Planning Agenda Items 1 through 9 be approved as consensus -- carried Items. Motion carried 7 to 0. D-1683 D-1683 - DEDICATION OF RIGHT-OF-WAY FOR HARRY, IN AN AREA EAST OF WOODLAWN. Agenda Report No. 95-292. MAPC Recommendation: Accept the dedication. Dedication from Jesse L. Graham Testamentary Trust "A" & Luis A. and Vera J. Casado for part of Lot 1, Golf Park Addition. Motion -- Reeser moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. D-1684 D-1684 - DEDICATION OF UTILITY EASEMENT IN AN AREA NORTH OF KELLOGG AND EAST OF GREENWICH ROAD. Agenda Report No. 95-293. MAPC Recommendation: Accept the dedication. Utility Easement from Loyd V. and Patricia C. Kufahl for part Lot 76, Linwood Acres (Requirement of L/S-0887). Motion -- Reeser moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. D-1685 D-1685 - DEDICATION OF RIGHT-OF-WAY FOR KELLOGG IN AN AREA EAST OF GREENWICH ROAD. Agenda Report No. 95-294. MAPC Recommendation: Accept the dedication. Dedication from Loyd V. and Patricia C. Kufahl of part of Lot 76, Linwood Acres (Requirement of L/S 0887). Motion -- Reeser moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. D-1688 D-1688 - DEDICATION OF UTILITY EASEMENT IN AN AREA EAST OF HYDRAULIC AND SOUTH OF 47TH ST. SOUTH. Agenda Report No. 95-295. MAPC Recommendation: Accept the dedication. Easement from Amvets Post No. 36, and Sad Sacks Wheat Basket Post No. 36, for part Lot 1, Block A, South Hydraulic Park Second Addition (Requirement of L/S 0888). Motion -- Reeser moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. D-1689 D-1689 - DEDICATION OF ACCESS CONTROL TO 48TH STREET SOUTH IN AN AREA EAST OF HYDRAULIC. Agenda Report No. 95-296. MAPC Recommendation: Accept the dedication. Dedication of Abutter's Access Rights from Amvets post No. 36 and Sad Sacks Wheat Basket Post No. 36 for part Lot 1, Block A, South Hydraulic Park Second Addition (Requirement of L/S-0888). Motion -- Reeser moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. D-1690 D-1690 - DEDICATION OF ACCESS CONTROL TO 47TH STREET SOUTH IN AN AREA EAST OF HYDRAULIC. Agenda Report No. 95-297. MAPC Recommendation: Accept the dedication. Partial Dedication of Abutter's Rights from Amvets post No. 36 and Sad Sacks Wheat Basket Post No. 36 for part Lot 1, Block A, South Hydraulic Park Second Addition (Requirement of L/S-0888). Motion -- Reeser moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. S/D 95-83 S/D 94-83 - PLAT OF THE TOTAL PETROLEUM ADDITION LOCATED SOUTH OF 21ST STREET NORTH AND EAST OF WEBB ROAD. (District II) Agenda Report No. 95-298. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Motion -- Reeser moved that the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. Z-3161 Z-3161 - ZONE CHANGE REQUEST FROM THE "B" MULTIPLE-FAMILY DWELLING DISTRICT TO THE "LC" LIGHT COMMERCIAL DISTRICT, LOCATED BETWEEN 2ND AND 3RD STREETS ON THE WEST SIDE OF WEST STREET. (District IV) Agenda Report No. 95-299. Staff Recommendation: Approve, subject to replatting. MAPC Recommendation: Approve, subject to replatting. CPO Recommendation: CPO Council "4 " voted 6-0 to recommend approval of the zone change request subject to staff comments. On March 9, 1995, the MAPC considered a zone change from the 'B' Multiple Family Dwelling District to the 'LC' Light Commercial District for a 7,020 square foot (0.16 acre) portion of Lot 5, Block 16, Parkwilde Addition, located between 2nd and 3rd Streets on the west side of West Street. The subject property is located adjacent to K & N Motorcycle Corp. which proposes to use the site for additional parking. Lot 5 is currently developed with a single family home, and zoned 'B'. The applicant proposes to remove the existing home and pave the site. The parking lot expansion would be subject to the requirements of the landscape ordinance. This small area along the west side of West Street is one of only a few remaining pockets of nonresidential zoning in this area along either side of West Street. The subject property is surrounded by commercial businesses to the north, south, and east, with residential homes located to the west which front onto Florence. To the north is the Kawasaki dealership, to the east is the Carousel Skate Center, KSAS-TV, and a car wash, with other commercial uses and offices located to the south. Due to the existing strip commercial nature of West Street, the Land Use Guide of the Wichita-Sedgwick County Comprehensive Plan identifies commercial uses as appropriate land uses along this arterial between Central and Maple. Motion -- Reeser moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 7 to 0. Z-3162 Z-3162 - ZONE CHANGE REQUEST FROM THE "LC" LIGHT COMMERCIAL AND "E" LIGHT INDUSTRIAL DISTRICTS TO THE "AA" ONE-FAMILY DWELLING DISTRICT, LOCATED AT THE SOUTHWEST CORNER OF 29TH STREET NORTH AND HOOVER AND 1/2 MILE EAST OF RIDGE ROAD ON THE SOUTH SIDE OF 29TH STREET NORTH. (District V) Agenda Report No. 95-300. Staff Recommendation: Approve, subject to platting. MAPC Recommendation: Approve, subject to platting. CPO Recommendation: CPO Council "5 " voted 9-0 to recommend approval of the zone change request. On March 9, 1995, the MAPC considered a zone change from the 'LC' Light Commercial to the 'AA' One Family Dwelling District for 8.26 acres located at the southwest corner of 29th Street North and Hoover Road and a zone change from 'E' Light Industrial to 'AA' for 11.94 acres located « mile east of Ridge Road on the south side of 29th Street North. Both properties are currently undeveloped. The applicant proposes to develop the sites as part of a larger single family residential subdivision that would include nine single family lots along 29th Street North and Hoover Road. On December 8, 1994, the Subdivision Committee of the MAPC approved a preliminary plat for this site (S/D 94-80 Barefoot Bay 2nd Addition), subject to conditions which included a requirement to rezone the portions of the site zoned 'LC' and 'E'. On January 24, 1995, the City Council approved a request to annex this area into the city. According to the FEMA maps, a portion of the site is located within the 100 year floodplain. Also, according to the most recent information pertaining to wetlands from the Sedgwick County Soil Conservation District and the Soil Survey of Sedgwick County, portions of this site include a number of hydric soils (Carwile fine sandy loam, Lesho loam, Plevna fine sandy loam, and Waldeck sandy loam) commonly associated with wetlands. Therefore, prior to any development on this site, the applicant will need to acquire all necessary permits from the Army Corps of Engineers for the protection and management of any wetland or riparian areas located within the application area. The subject properties, which border a lake located to the south, are currently undeveloped. Suburban single family homes are located at the 29th Street North / Hoover Road intersection and also south of the Barefoot Bay Additions along the west side of Hoover Road. Properties to the north and east are used for agricultural purposes. Motion -- Reeser moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 7 to 0. DP-218 DP-218 - EDWARD T. NEVILLE REQUESTS APPROVAL OF A COMMERCIAL COMMUNITY UNIT PLAN (Item No. 10) LOCATED AT THE NORTHEAST CORNER OF 21ST STREET NORTH AND 119TH STREET WEST. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 95-301. Staff Recommendation: Approve, subject to conditions. MAPC Recommendation: Approve, subject to staff conditions, except for conditions #1 an #6. CPO Recommendation: CPO Council Northwest "5" voted 9-0 to recommend approval of the requests subject to staff conditions, except for condition #6. On March 9, 1995, the MAPC considered a commercial community unit plan for 8.14 acres at the northeast corner of 21st Street North and 119th Street West. The site is currently unplatted and undeveloped and used for agricultural purposes. The general area is characterized by developing single family residential subdivisions to the north and east, a small undeveloped parcel zoned 'LC' Light Commercial and developing single family homes southwest of the intersection, and undeveloped property at the northwest corner of the intersection with developing single family homes further to the northwest. In August 1993, the Board of County Commissioners approved a zone change request for 'LC' Light Commercial for this 8.14 acre site, subject to annexation to the City of Wichita, platting, and submission of a Community Unit Plan. On January 24, 1995, the City Council approved the request by the property owner for annexation to the City. Therefore, the property is now subject to the City's Zoning Code, which requires the approval of a community unit plan prior to developing the site. The proposed CUP would permit all uses in 'LC' zoning, except adult entertainment establishments, private clubs, taverns, and drinking establishments. Also, the following uses would be prohibited within 150 feet of the north and east sides of the development: drive-in and drive-thru restaurants, convenience stores, service stations, car washes, and no overhead doors for auto service and/or repair facing either 21st Street North or 119th Street West. The CUP would permit a total of 4 buildings with a maximum gross floor area of 138,118 square feet. A total of three (3) access points are proposed along 21st Street North and two (2) access points are proposed along 119th Street West. Parcel 1 would have complete access control, except for joint access along both arterials, which would serve both Parcels 1 & 2. A major entrance for the development would be located along 21st Street North directly north of Pine Grove. Because of the existing and projected traffic volumes on 21st Street and 119th Street West and the traffic that could be generated by this development, staff recommended that development be limited on this tract until 21st Street is widened to four lanes between Maize Road and 119th Street West. Staff's recommended restriction would not allow development on this site that would generate more than 2,000 average daily trips, as determined by the City's Traffic Engineer, until 21st Street is designed and close to construction. In addition, at the time of platting, the developer would be required to guarantee additional necessary road improvements -- including left turn lanes and accel/decel lanes which will be needed to serve this property when it becomes fully developed. Staff also recommended including requirements for a pedestrian walk system and architectural requirement to ensure uniform development on the site, consistent with the Comprehensive Plan and with all other CUPs recently approved by the City Council. At the CPO and MAPC hearings, the applicant objected to the restrictions to limit the amount of development until road improvements were planned, as well as restrictions for the pedestrian walk system and architectural controls. While several Planning Commissioners expressed concern about allowing development to occur before the road system was improved to accommodate increased traffic from the site, the MAPC did not approve staff's recommended condition to limit development in the CUP until road improvements were planned. Also, the MAPC voted to eliminate the requirements for architectural controls. (The CPO did recommend architectural controls.) However, the MAPC and CPO both did recommend the requirement for a pedestrian walk system. Marvin Krout Director of Planning, responding to questions, explained that when the development is done, as part of the planning process, the City will hold the guarantee so that when the development begins, or when Public Works determines it is appropriate, the accel/decel lane will be constructed. Council Member Ferris Council Member Ferris said there was no neighborhood opposition and CPO District 5 took a position in favor of the project and it would be appropriate to follow the CPO recommendation rather than the Planning Commission recommendation. Accel/decel lanes will be constructed so it is not necessary to include Condition No. 6. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Phil Meyer Phil Meyer, agent for the Applicant, said spoke in favor of having condition No. 6 removed. The requirement for accel/decel lanes will be worked out with the Planning Department. Motion -- Ferris 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 and by the CPO District 5, the recommendation of Staff with the exception of Condition No. 6, (concurrent with the recommendation of CPO District 5, and over-riding of MAPC recommendation by including Condition No. 1, the architectural covenants) be approved. Council Member Cole Council Member Cole said the first people to complain to the Council about traffic conditions will probably be those people who said they did not notice a traffic problem today. The MAPC is charged with the long-range view. -- carried Motion carried 4 to 3. Cole, Rogers, Broadfoot - No. EXECUTIVE SESSION Motion -- Broadfoot moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation and legal advice; preliminary discussions relating to the acquisition of real property for public purposes; matters relating to employer-employee negotiations; and confidential data relating to the financial affairs or trade secrets of a business; and the regular -- carried meeting be resumed at 1:00 P.M. Motion carried 7 to 0. RECESS Council recessed at 11:40 A.M. and reconvened in regular session at 1:00 P.M. No action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 1:00 P.M. Pat Burnett Deputy City Clerk JOURNAL 158 APRIL 4, 1995 Page 1