MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 18, 1998 Tuesday, 9:01 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Ferris, Lambke, Rogers; present. *Council Members Gale, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Nancy Goddard, First United Methodist Church The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of August 11, 1998, were -- approved approved 5 to 0. (Gale, Kamen; absent) AWARDS AND PRESENTATION. *Council Members Gale, Kamen; present. RECOGNITION Mayor Knight recognized Wichita’s Promise Youth Council. SERVICE CITATIONS Mayor Knight presented the Distinguished Service Citations to those present. PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. PUBLIC AGENDA COMMENTS BY NONA STEVENS. Nona Stevens Nona Stevens, 145 North 127th Street East, spoke on behalf of Mrs. John Thompson, 12225 East Kellogg. Ms. Thompson is 98 years of age, is legally blind, and has an income of less than $300 per month. The Storm Water Drain fee is a hardship for Mrs. Thompson. Ms. Stevens requested some kind of relief for Mrs. Thompson from this payment. Council Member Kamen Council Member Kamen said he would be in favor of asking Staff to develop some kind of assistance for persons in this kind of situation. Mayor Knight Mayor Knight referred this matter to the City Manager. Chris Cherches City Manager explained that funds for assistance were available for assistance from the Community Development Block Grant. COMMENTS BY DAVID JASON RILEY CAMPBELL, ERIN KELLY, STEPHANIE FORD, AND JOHNATHAN CLARK. The Youth said they had recently been to the Arkansas River bank and noticed that the River had a bad odor, was littered with trash and car parts, and appeared to be polluted. A proposal for a community-wide clean-up with community sponsors and volunteers to clean-up the river banks was presented. Support for the project and permission for the community clean-up was requested. Steve Lackey Director of Public Works said the river is at a lower level than usual due to the Douglas Street Bridge construction project. When the river is lowered, debris is deposited on the river banks, and sediment is deposited which promotes weed growth. The Health Department monitors the river for pollution and monitors the outlets to the river to ensure the river is not polluted by industries. The City has to live with Pollution that is inherited from upstream sources. Council Member Cole Council Member Cole suggested the youth contact the Arkansas River Foundation and the Downtown River Association for assistance in the community project. UNFINISHED BUSINESS MENNONITE HOUSING WAIVER MENNONITE HOUSING SERVICES, INC. - REQUEST FOR WAIVER. Continued from August 4, 1998. This Item will be placed on the September 1, 1998, Council Meeting Agenda. CUSTER AND 29TH STREET PETITIONS TO PAVE CUSTER ( 27TH SOUTH TO SUNNYBROOK) AND 27TH, WEST OF CUSTER. (District IV) Continued from August 4, 1998. Mike Lindebak City Engineer reviewed the Item. On August 11, 1998, Council Member Gale, the City Engineer, and a representative from Baughman Engineering met with the Southwest Village Neighborhood Association. The projects were explained and the estimated costs were compared to the actual costs of paving St. Paul from 27th to Wildwood. It is believed that those in attendance were satisfied with the information presented and were in general agreement and support of the paving petitions. It is recommended that the Council approve the projects with the caveat in the Custer Resolution that the site clearing costs be charged to the developing property and not to the existing homes. Motion -- Gale moved that the Petitions be approved and the Resolutions be adopted, subject to the caveat that the site clearing costs for Custer be charged to the developing property and not to the existing homes; and the Staff Screening -- carried Committee be authorized to select a design engineer. Motion carried 7 to 0. RESOLUTION NO. R-98-355 Resolution of findings of advisability and Resolution authorizing paving of 27th Street South, west of Custer (Project Number 472-82982) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas. Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-356 Resolution of findings of advisability and Resolution authorizing improving of Custer from the south line of 27th Street South, south to the south line of Sunnybrook Lane (Project Number 472-82981) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas. Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 98-42 S/D 98-42 - PLAT OF CUSTER ADDITION LOCATED ON THE SOUTH SIDE OF 27TH STREET SOUTH, WEST OF MERIDIAN. (District IV) Continued from August 4, 1998. Agenda Report No. 98-719. MAPC Recommendation. Approve the Plat. Staff Recommendation. Approve the Plat. 100 Percent Petition for construction of Water Distribution System Number 448- 89301 (south of Pawnee, west of Meridian) ($141,000 S.A.) 100 Percent Petition for construction of Lateral 160, Sanitary Sewer No. 22 (south of Pawnee, west of Meridian) Project No. 468-82890 ($252,000 S.A.) 100 Percent Petition for improving of Sunnybrook Lane from the west line of Sheridan Avenue, east to the west line of Custer, Project No. 472-82983 (south of Pawnee, west of Meridian) ($171,000 S.A.) 100 Percent Petition for improving of Graber Circle from the west line of Custer Avenue, west to and including the cul-de-sac; Wildwood Circle from the west line of Custer Avenue, west to and including the cul-de-sac, and; 29th Street Circle from the west line of Custer Avenue, west to and including the cul-de-sac, Project No. 472-82984 (south of Pawnee, west of Meridian) ($294,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-98-357 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89301 (south of Pawnee, west of Meridian) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas. Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-358 Resolution of findings of advisability and Resolution authorizing construction of Lateral 160, Sanitary Sewer No. 22 (south of Pawnee, west of Meridian) Project No. 468-82890 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas. Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-359 Resolution of findings of advisability and Resolution authorizing improving of Sunnybrook Lane from the west line of Sheridan Avenue, east to the west line of Custer, Project No. 472-82983 (south of Pawnee, west of Meridian) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas. Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-360 Resolution of findings of advisability and Resolution authorizing improving of Graber Circle from the west line of Custer Avenue, west to and including the cul- de-sac; Wildwood Circle from the west line of Custer Avenue, west to and including the cul-de-sac, and; 29th Street Circle from the west line of Custer Avenue, west to and including the cul-de-sac, Project No. 472-82984 (south of Pawnee, west of Meridian) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas. Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. IRB-RITCHIE COMPANIES PUBLIC HEARING AND TAX EXEMPTION REQUEST - RITCHIE COMPANIES. (District V) Continued from August 4, 1998. Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-753. On August 4th, 1998, City Council approved a Letter of Intent to issue Industrial Revenue Bonds in an amount not to exceed $3,600,000 to Ritchie Companies, Inc. The bond proceeds will be used to acquire, construct, and equip a new corporate headquarters facility located at 2872 N. Ridge Road in northwest Wichita. Ritchie Companies is also requesting a 100% 10-year tax abatement on the property financed with the bond proceeds. City Council delayed consideration of tax abatement until staff receives and review a cost benefit analysis. A cost benefit analysis has been submitted and reviewed by staff. Ritchie Companies is the parent company of Ritchie Corporation and Rich-Mix Products, Inc. Ritchie Corporation is a manufacturing and construction-related company doing business primarily in Kansas through its several subsidiaries, including Ritchie Paving, Ritchie Sand, Allen Concrete, Ark Valley Concrete and Concrete Accessories Company. Rich-Mix Products is a consumer products manufacturing company operating throughout the Midwest in the production and marketing of bagged concrete mixes and related products such as patio stone and lawn and garden products for the “do-it-yourself” industry. Rich-Mix has plants in Wichita, Dallas, Kansas City, Oklahoma City, Tulsa and Springfield, Missouri. The new national corporate headquarters of the Ritchie Companies will be built at the site of the current offices of Ritchie Paving at 29th Street North and Ridge Road. The headquarters facility will consist of 33,000 square feet of new construction attached by a breezeway to 12,000 square feet of existing office space. The project qualifies for a 100% 5+5 year tax abatement on bond financed improvements under the City’s adopted Business Incentive Policy because it is the national corporate headquarters facility. Under the Standard Letter of Intent Conditions set forth in the Policy, Ritchie Companies will be required to maintain its corporate headquarters in Wichita for as long as any bonds remain outstanding and for the term of the tax abatement. Ritchie Companies is requesting ad valorem tax abatement for improvements to property financed under IRB authority. The company will make payments-in-lieu- of-taxes on existing property. In 1997, the company paid $26,587.79 in taxes on the existing property. The estimated amount of the requested tax abatement is $57,500. Pursuant to state law, necessary notices have been published in the official City newspaper and delivered to the Board of County Commissioners and Board of Education. Allen Bell Financial Projects Director reviewed the Cost Benefit Analysis ratios as follows: City of Wichita - 3.1 to 1 Sedgwick County - 2.2 to 1 School - 1.0 to 1 State of Kansas - 1.5 to 1 Mayor Knight Mayor Knight inquired whether anyone wished to be heard. Karl Peterjohn Karl Peterjohn, Kansas Taxpayer Network, stated that a letter, dated June 24, 1998, from Tom Ritchie, which talks about the necessity of increased taxes for highways, was sent to all candidates for election. Ritchie Corporation should be treated the same as all other businesses and home owners, and should pay their fair share of taxes. Council Member Lambke Council Member Lambke stated that, in general, he is opposed to tax abatements but that he would vote in favor of the Item. At a future date, the City Council should consider the need for tax abatements. Motion -- Ferris moved that the public hearing be closed; and a 100 percent tax abatement for a five year, plus a second five years subject to Council approval. Motion -- carried carried 7 to 0. NEW BUSINESS SANITARY SEWER PETITIONPETITION FOR SANITARY SEWER TO SERVE TWO UNPLATTED TRACTS ON THE SOUTH SIDE OF PATTERSON, WEST OF BROADWAY. (District III) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 98-754. The Petition has been signed by owners of 53% of the improvement district area and one of two resident owners. CPO Council III considered the Petition on July 23, 1998. The Council voted 6-0 to recommend approval of extending the Sanitary Sewer only to the northerly tract (whose owner signed the Petition) and not beyond. The signer of the Petition has indicated that the non-signer supports the project. Attempts by staff to contact the non-signer have not been successful. The non-signer was notified by certified mail. The improvement district contains two unplatted tracts, each of which has a home and auto business. The estimated project cost is $30,000, with the total assessed to the improvement district. The method of assessment is the square foot basis. The estimated rate of assessment to individual properties is $00.37 per square foot of ownership. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion --Lambke moved that the Petition be approved and the Resolution be adopted; and the Staff Screening and Selection Committee be authorized to select a design -- carriedengineer. Motion carried 7 to 0. RESOLUTION NO. R-98-361. Resolution of findings of advisability and Resolution authorizing construction of Lateral 159, Sanitary Sewer No. 22 (south of Patterson, west of Broadway) (Project No. 468-82853) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Lambke moved that the Resolution be adopted. Motion carried 7 to 0. Yeas. Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. KDOT FUNDING REQUESTSPROJECT FUNDING REQUESTS TO KANSAS DEPARTMENT OF TRANSPORTATION (KDOT). Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-755. As a continuation of their local partnership program, the Kansas Department of Transportation (KDOT) is requesting project submittal for the KLINK Resurfacing, Geometric Improvement and Economic Development projects. The KLINK Project requests are for fiscal year 2001 (July 1, 2000 through June 30, 2001) and the Geometric and Economic Development projects are for fiscal year 2002 (July 1, 2002 through June 20, 2002) The KLINK Geometric and Economic Development projects were developed by the Public Works Department, the City Manager’s Office, and the Planning Department. Staff recommends the following projects. KLINK Resurfacing Cost 1. Mill and Overlay the existing pavement $ 300,000 on K-42, from McCormick to I-235 Geometric Improvements 1. Additional turn lanes and modifications $1,237,250 on frontage road along 47th Street south from Broadway to I-235. Economic Development 1. Reconstruction and widening of Tyler Road $ 765,625 south from Central Kansas Railroad to Harry. 2. Reconstruction and widening of Learjet Way $1,225,000 west from Mid-Continent Drive to Learjet 3. Reconstruction and widening of Hillside $1,225,000 south from 21st Street to 17th Street KDOT will participate in the cost of approved projects as follows. KDOT City KDOT % Share Share KLINK Resurfacing K-42, McCormick to 50.0% $150,000 $150,000 I-235 The City share for this program comes out of Street Maintenance Funds in the operating budget. KDOT City KDOT % Share Share Geometric Improvements 47th Street South 75% $927,937 $309,312 The City share for this program will be programmed in the City’s Capital Improvement Program in 2002. If this Project is awarded by KDOT, some reprioritization of funds may be necessary to make the match. KDOT City KDOT % Share Share Economic Development 1. Tyler Road. 75% $574,000 $191,625 U.S. 54 to Harry 2. Learjet Way. 75% $918,750 $306,250 Mid-Continent Drive to Learjet 3. Hillside. 75% $918,750 $306,250 17th to 21st The City share for those projects will come from 2001 General Obligation (GO) funds. If one or more of these projects are awarded by KDOT, some reprioritization of GO Funds may be necessary to make the match. Motion --Knight moved that the Project be approved and that Staff be authorized to submit -- carriedrequests to KDOT. Motion carried 7 to 0. NEW HORIZONS CDBG LOANNEW HORIZONS RETAIL CENTER - REQUEST FOR LOAN. (District I) Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-756. Over the past several years, there has been significant economic and social revitalization along the 21st Street Corridor. Through a partnership with Commerce Bank (formerly Union National Bank), major development has occurred, including construction of new Commerce Branch Bank, new senior center, and an elderly housing project. In addition, expansion of the Cessna Aircraft training and learning center/assembly facilities, new police substation, Maya Angelou Library, Nations Branch Bank, DETAMC training, and the most recent Wellness Clinic have all contributed to the revitalization of the 21st Street area. This major effort started with the agreement between the City and the then Union National bank President, Mr. Bill Watson. An agreement was reached that would provide certain private development and investment with the City assembling and clearing the land. This public-private partnership included a commitment of more than $11 million, in both residential and commercial development. The commercial development is almost complete with the exception of the commercial retail center. A commitment from Commerce Bank to lend construction funding was given to the St. Marks Foundation to develop the New Horizons Retail Center. The goal of this facility was to provide business opportunities to area businesses and to provide convenient business services to area residents. This project has been delayed primarily because of the inability of the Foundation Board to find small business tenants for the space that will be provided. To make this commercial project feasible it is necessary to provide business opportunities with competitive lease rates. Commerce Bank will lend the Foundation a low interest construction loan which will not include tenant finishes. Adding these additional costs for tenant improvements will increase the debt burden and require lease rates that exceed the market feasibility of this area, at least initially while the area continues to rebuild and more revitalization occurs. St. Marks Foundation is requesting a $200,000 loan, subordinate to the construction loan from the City for the tenant improvements. Such a loan would become a lien on the property but would allow the project to be built and occupancies occur with competitive lease rates to small businesses. The Foundation, recognizes that it will take several years to have the Center stabilized with full occupancy and is seeking a loan from the City’s Community. The project qualifies for a CDBG loan; however, funding is not available in the 1998-99 fiscal year. The Council has the authority to allocate available funding either from income from prior CDBG loans/activities or to commit to such funding by restricting a portion of the 1999-2000 federal grant (available in July, 1999). If approved, terms and conditions of the loan will be negotiated, including the deferred principal payment, interest rate and loan term. Council Member Lambke Council Member Lambke expressed a preference for financing the from loans repaid/income from prior loans rather than from future funds. Mayor Knight Mayor Knight inquired whether anyone wished to be heard. Tyrone Gordon Tyrone Gordon, Senior Pastor at St. Mark’s, thanked the Council for support and vision in this matter, and said he believed a retail center would bring jobs and economic prosperity to the area. Motion --Rogers moved that the CDBG loan be approved and that an allocation from the 1999 -- carriedCDBG be designated and reserved. Motion carried 7 to 0. CITY COUNCIL AGENDA APPOINTMENTSBOARD AND COMMISSION APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999). Commission on the Status of People with Disabilities (Knight, Cole, Kamen) Convention & Tourism Committee (Ferris) Human Services Board (Council at large) Police & Fire Retirement Board of Trustees (Rogers) Sister Cities Advisory Board (Rogers) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (7 appointments - Knight, Gale, 2-Ferris, 2-Lambke, Rogers) There were no appointments made. APPOINTMENT TO THE SOLID WASTE MANAGEMENT COMMITTEE. One appointment (Rogers) for a term expiring December 31, 1999. There was no appointment made. NOTICE OF VACANCY - WICHITA-SEDGWICK COUNTY ALCOHOL AND DRUG ABUSE ADVISORY BOARD. One vacancy (Council at large), due to the nonattendance of Danny Allen, for a term expiring June 30, 1999. Appointment will be made September 1, 1998. NOTICE OF VACANCY - WICHITA-SEDGWICK COUNTY CORRECTIONAL HOUSING BOARD. One vacancy (Knight), due to the resignation of Judge Harold Flaigle, for a term expiring June 30, 1999. Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 7 to 0. Motion -- Knight appointed Julie Wright-Connolly, Administrative Judge, and stated that the Administrative Judge, whomever that might be, ought to represent this position. -- carried Motion carried 7 to 0. HUMAN SERVICE BOARD APP.APPOINTMENTS TO HUMAN SERVICES BOARD. The election for Low Income Representatives has been held and the following were selected for two-year terms expiring August 18, 2000. Oletha Goudeau (Northeast representative), 2461 E. 8th Linda Jesseph (Northwest representative), 1117 Compton RoxAnne Romey (Southwest representative), 3045 S. Richmond Linda Gasper (Southeast representative), 2827 S. Emporia Kay Thacker (County representative), 110 Sedgwick, Box 56 Motion --Knight moved that appointment of the selected individuals, for a two- year term to -- carried expire August 18, 2000, be approved. Motion carried 7 to 0. PROCLAMATIONSPROCLAMATIONS. --Wichita Black Arts Festival 30th Anniversary Weekend. --Friends University Centennial Day. Motion --Knight moved that the Proclamations be approved. Motion carried -- carried7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 22a and 36, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDSREPORT OF THE BOARD OF BIDS AND CONTRACTS DATED AUGUST 17, 1998. Boat House Parking Lots at Lewis Street and Wichita Street. (791970/ 435226). To be coordinated with Century II/Expo Hall Director. (Council approval date 3-20-98) (District VI) Kansas Paving - $29,080.00 (Engineer’s Estimate) 1998 Arterial Sidewalk and Wheelchair Ramp Construction (Various Locations). (472-82931/706697/405223) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7-21-98) (District All) Barkley Construction - $364,000.00 (Engineer’s Estimate) 1998 Contract Maintenance Bridge Resurfacing. (132449/112000) Traffic to be maintained through construction using flagpersons, barricades, and concrete barrier walls. (Council approval date 12-16-97) (Districts I, III, VI) Utility Contractors - $250,000.00 (Base Bid Total Alternate 1B and 2B/Engineer’s Estimate) Lateral 142, War Industries Sewer to serve Pebblebrook Addition (north of Pawnee, west of Webb. (468-82884/743575/480448) Does not affect existing traffic. (Council approval date 7-28-98) (District II) Utility Contractors - $48,570.00 Water Distribution System to serve J W Russell Second Addition (west of Tyler, north of Harry). (448-89273/734616/470539) Does not affect existing traffic. (Council approval date 6-16-98) (District V) Nowak Construction - $24,314.00 Water Distribution System along Edwards to serve Sim Park Gardens, Osteopathic and McLean Park Additions (at Edwards Street, north of Elm). (448- 89253/734491/470527) Traffic to be maintained during construction. (Council approval date 4-14-98) (District VI) Mies Construction Co., Inc. - $57,655.00 Lakeway Court from the west line of Lakeway Circle, west to and including the cul-de-sac, and; Lakeway Circle from the north line of Lakeway Court, north to and including the cul-de-sac Horseshoe Lake Second Addition (north of 21st, west of Hoover). (472-89253/765057/490607) Does not affect existing traffic. (Council approval date 6-2-98) (District V) Kansas Paving - $189,886.25 Improving Lincoln from the east line of Greenwich Road to the west line of Woodland Lake Estates Unplatted Tracts & Tracts 1, 2 and 3 (south of Kellogg, west of 127th Street East). (472-82696/763748/490477) Lincoln to be closed. Council approval date 3-5-97) (District II) Cornejo & Sons - $563,906.50 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. FIRE DEPARTMENT/VEHICLE & BUILDING MAINTENANCE DIVISION: Self-Contained Breathing Apparatus (SCBA) and Component Items (070136) Roberson Fire & Safety - $34,442.60* (Total net bid) *Corrected total Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. LICENSE APPLICATIONSAPPLICATION FOR LICENSE FOR ADULT ENTERTAINMENT ESTABLISHMENT/SERVICE. Renewal 1998 Valerie Washington Xcitement Video 220 East 21st Street Motion --Knight moved that the licenses be approved subject to Staff review and -- carriedapproval. Motion carried 7 to 0. APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1998 (Consumption on Premises) Jesse D. Soria Cholita’s Mexican 987 West Central Restaurant Inc.* (Consumption off Premises) Gene Clasen Checkers East 1625 South Rock Road #115 Special Events August 28 and 29, 1998 Benjamin Lynn Bohemian Bean Co. 511 East Douglas September 5, 1998 Ly Ngoc Thi Nguyen Thai Binh Supermarket 1514 West 21st Street *General/Restaurant -- 50% or more of gross receipts derived from sale of food. Motion --Knight moved that the licenses be approved subject to Staff review and -- carriedapproval. Motion carried 7 to 0. PLANS AND SPECIFICATIONSPLANS AND SPECIFICATIONS: a. 1998 Traffic Signalization Program, Phase II (31st Street South at West Street). (472-82858/710210/410072) Does not affect existing traffic. (Council approval date 4-28-98) (District IV) b. 1998 Sanitary Sewer Rehabilitation Program, Phase E (south of Central, east of Hillside). (468-82893/620179/533-369) Traffic to be maintained through construction. (Council approval date 1-6-98) (Districts II and VI) Motion --Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carriedContracts by 10.00 a.m., August 28, 1989. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS: a. Lateral 17, Cowskin Interceptor Sewer to serve Reese Farm Estates (south of Maple, west of 151st Street West). (468-82830/743484/480439) Does not affect existing traffic. (Council approval date 8-18-98) (District V) b. Water Distribution System to serve Lot 38, Block 2, Brentwood Village (south of Harry, east of Webb). (448-89258/734673/470545) Does not affect existing traffic. (Council approval date 6-16-98) (District II) c. Monroe Circle from the west line of Tyler Road, west to and including the cul-de-sac, J. W. Russell Second Addition (west of Tyler, north of Harry). (472-89252/765065/490608) Does not affect existing traffic. Council approval date 6-16-98) (District V) Motion --Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carriedContracts by 10.00 a.m., August 28, 1989. Motion carried 7 to 0. PRELIMINARY ESTIMATEPRELIMINARY ESTIMATE. 1998 Contract Maintenance Transverse Thermal Crack Repair and Curb Repair of Asphalt Streets. (Quickset Slurry Seal Phase II at various locations.) (131557/110000) Traffic to be maintained through construction. (Council approval date 12-16-97) (District V) - $324,950 Motion --Knight moved that the Preliminary Estimate be approved and filed. Motion -- carriedcarried 7 to 0. PUBLIC IMPROVEMENTSPETITION FOR SIDEWALK AT BROADWAY AND ELM. (District VI) Agenda Report No. 98-757. The Petition has been signed by one resident owner representing 100% of the improvement district. The sidewalk will be adjacent to a residential building. The estimated project cost is $9,090. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be -- -- carriedadopted. Motion carried 7 to 0. RESOLUTION NO. R-98-362 Resolution of findings of advisability and Resolution authorizing construction of sidewalk adjacent to odd Lots 29-31, Lawrence Avenue to serve Mungers Original Town Addition (west of Broadway, north of Elm) (Project Number 472-82998) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas. Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. CONSTRUCT A STORM WATER SEWER TO SERVE AUBURN HILLS FIFTH ADDITION - NORTH OF KELLOGG, EAST OF 151ST STREET EAST. (District V) Agenda Report No. 98-758. On February 10, 1998, the City Council approved a Petition to construct a Storm Water Sewer to serve Auburn Hills Fifth Addition. Based on recent bid prices, it is doubtful that the original Petition amount is high enough to award a construction contract. A new Petition with an increased budget has been submitted. The signature on the new Petition represents one owner that owns 100% of the improvement district. The original Petition totaled $499,000. The new Petition totals $700,000. The funding source is special assessments. Motion --Knight moved that the Petition be approved and the Resolution be adopted. -- carriedMotion carried 7 to 0. RESOLUTION NO. R-98-363 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 497 (north of Kellogg, east of 151st Street West) (Project No. 468-82807) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas. Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. CONSTRUCT A SANITARY SEWER TO SERVE REECE FARMS ESTATES ADDITION - SOUTH OF MAPLE, WEST OF 151ST STREET WEST. (District V) Agenda Report No. 98-759. On April 14, 1998, the City Council approved a Petition to construct a Sanitary Sewer to serve Reece Farms Estates Addition. Based on recent bid prices, it is doubtful that the original Petition amount is high enough to award a construction contract. A new Petition with an increased budget has been submitted. The signature on the new Petition represents one owner that owns 100% of the improvement district. The original Petition totaled $278,000. The new Petition totals $295,000. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carriedMotion carried 7 to 0. RESOLUTION NO. R-98-364 Resolution of findings of advisability and Resolution authorizing construction of Lateral 17, Cowskin Interceptor Sewer (south of Maple, west of 151st Street West) (Project No. 468-82830) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas. Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. BOARDS MINUTESMINUTES OF ADVISORY BOARDS/COMMISSIONS. Environmental Health Committee, 7-28-98 Police and Fire Retirement System of Wichita, KS, 6-24-98 Motion -- carriedKnight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USESCONSIDERATION OF STREET CLOSURES/USES. There were no Street Closures/Uses to consider. AGREEMENTS/CONTRACTSAGREEMENT FOR DESIGN SERVICES FOR HORSESHOE LAKE SECOND ADDITION - NORTH OF 21ST STREET, WEST OF HOOVER. (District V) Agenda Report No. 98-761. The proposed Agreement between the City and Baughman Company, P.A. provides for the design of Horseshoe Lake Second Addition. Baughman provided subdivision engineering services for this addition, therefore, they can expedite construction plan preparation. Administrative Regulation 7a allows for the selection of Baughman Company, P.A. under these conditions. Payment will be on a lump sum basis of $35,800, and will be paid by special assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carriedsign. Motion carried 7 to 0. RAILROAD AGREEMENT AGREEMENT FOR CENTRAL KANSAS RAILWAY CROSSING - ZOO BOULEVARD AND CENTRAL. (Districts IV and VI) Agenda Report No. 98-762. The 1998 Capital Improvement Program includes a project to improve Central, from McLean to West Street. At the railroad crossing of the Central Kansas Railway near Zoo Boulevard and Central, it is necessary to install a storm water sewer and water line. Agreements have been prepared which allows the City to construct and maintain the storm drain and water line within the railroad right-of-way. There is a $500.00 administrative fee for each agreement ($1,000 total), with $500 paid by General Obligation Bonds and $500 by Water Utility. Motion --Knight moved that the Agreement be approved and the Mayor be authorized to sign and the $1,000 payment to the Central Kansas Railway be authorized. Motion -- carriedcarried 7 to 0. FIRE SERVICES CONTRACTYEAR 2000 SERVICES CONTRACT - FIRE PAYROLL. Agenda Report No. 98-763. The City of Wichita recognizes the Year 2000 (Y2K) computerization problem and is working aggressively to bring all affected areas into compliance. Y2K compliance means information technology that accurately processes date/time data, (including, but not limited to, calculating, comparing, and sequencing) from, into and between the twentieth and twenty-first centuries, and the years 1999, 2000 and leap year calculations. Information technology must be compliant when exchanged with other information technology systems internal or external to the organization. The City is utilizing an organization-wide effort to address issues resulting from the Y2K problems. Acting to address the many problems associated with the millennium, the City adopted the following compliance model. *Pre-planning *Inventory *Assessment and Evaluation *Testing *Implementation. The City of Wichita projects to be Y2K compliant by September, 1999. The initial departmental inventory process is complete and Project Groups are soliciting responses from vendors for compliance regarding electronic system devices in which the City relies upon. Major non-compliant centralized systems have been identified and are targeted for replacement or upgrade and have primarily been funded as part of the MIS Plan. The fire payroll preprocessing system was identified during the inventory process and is not Y2K compliant. The fire payroll program was originally written and maintained by the Fire Department. Its centralization within the Personnel Division will improve internal control and centralization of the payroll function. The City solicited RFPs for a Fire Payroll Preprocessing Program. After review, the MIS Committee recommends Warren Associates as the preferred vendor for reasons outlined below. a. Overall fee is projected to be less. b. Is a fully integrated process within the current payroll CYBORG system. c. Will be written in the English script which can be maintained and updated by CYBORG or any other vendor trained in this language. (We do not have to rely on one vendor.) d. The training of staff is significantly less as the data entry and processing of data is not materially different then current process. e. The proposal was well prepared and responded to the RFP in a detailed manner. f. Past performance with CYBORG (2.5 upgrade) has been exemplary and completed in a timely manner. (Previous CYBORG employee). g. Presenter was the person actually doing the work, local individual who can respond to our needs in a timely manner. h. Can begin work on this project immediately (20 hours/week) with implementation and testing of work ready to go when we’ve completed the CYBORG 3.0 upgrade. This project is not budgeted; funding is proposed from the General Fund Contingency Account, estimated not to exceed $70,000. Motion --Knight moved the Contract with Warren Associates be approved and the Mayor be -- carriedauthorized to sign. Motion carried 7 to 0. DRY CREEK CHANGE ORDERCHANGE ORDER. DRY CREEK INTERCEPTOR SEWER (NORTH AND SOUTH OF KELLOGG, BETWEEN OLIVER AND EDGEMOORE. Agenda Report No. 98-764. On September 26, 1995, the City Council approved a project to replace a portion of the Dry Creek Interceptor Sanitary Sewer which is generally located east of Oliver from Harry to north of Kellogg. It was let on April 1, 1997. The project installed approximately 17,000 feet of new sewer pipe. Almost one- third of this new line was installed in the same location as old existing clay lines and averaged about 14 feet deep. This required removing the existing lines while maintaining the flow of sewage and installing a new and larger diameter (27") sewer line at approximately the same flowtime elevation as the original. After construction began, it was discovered that 2,276 feet of the existing 5,765 feet of pipe removed (roughly 40%) was partially encased in concrete. This resulted in additional removal and disposal costs, as well as additional time. This added time spent in removal of this concrete added directly to the costs associated with the bypass pumping operations required to maintain the continuous flow of sewage. The Change Order amount is $16,637. The funding source is the Sewer Utility. Motion -- carriedKnight moved that the Change Order be approved. Motion carried 7 to 0. WATER/SEWER REVENUE BONDSAPPROVAL OF THE WATER AND SEWER REFUNDING REVENUE BONDS PRELIMINARY OFFICIAL STATEMENT. Agenda Report No. 98-765. On July 7, 1998, the City Council authorized staff to negotiate a refunding of 1993 Water and Sewer Utility Revenue Bonds. In preparation for the marketing of the refunding bonds, Staff and legal counsel have prepared the Preliminary Official Statement. The plan of financing for the proposed advance refunding includes the marketing of one series of revenue bonds. The Series 1998 Water and Sewer Refunding Revenue Bonds will be sold by an underwriting consortium led by George K. Baum & Company. The Series 1998 Refunding Revenue Bonds will refinance the 1993 Water and Sewer Utility Revenue Bonds. The estimated principal amount will not exceed $30,000,000. The principal amount is estimated based on the most recent analyses of the savings that could be obtained given current market conditions. Analyses will continue to be performed as the scheduled marketing date of August 31, 1998, approaches and additional changes to the principal amounts may be required. At this time, the selection of outstanding bonds to be refunded is yet to be determined but as the marketing date draws closer, market conditions will help identify the bonds that will financially benefit the City. The refunding bonds are scheduled to be marketed on Monday, August 31, 1998. However, if the underwriters conclude that due to prevailing market conditions better interest rates could be obtained by a slight delay, the marketing will take place on Tuesday, September 1, 1998. The marketing will take place in Kansas City with George K. Baum taking orders for bonds from syndicate members and other brokerage houses with offices in Wichita. The Preliminary Official Statement presented is in a form that the Council needs to be deemed final for the purpose of the Securities Exchange Commission rules/regulations, but is subject to revision. Further, amendments for the completion of the Official Statement, including specifically the insertion of the interest rates and yields for the Bonds will also be necessary after the Bonds have been sold. Due to time constraints and concerns with the market’s volatility, the POS is currently being reviewed by Financial Guaranty Insurance Company (FGIC), the insurance company being utilized for the insurance on the Series 1998 Water and Sewer Refunding Revenue Bonds. Therefore, the POS may be subject to change. In the event that changes are necessary, the entire POS will be redistributed. Estimated present value savings of $1.2 million is equal to approximately 4.5% of the par amount of the 1993 Bonds being refunded. Generally accepted standards for determining the appropriate level of savings in a bond refunding use 3% as the minimum threshold. Motion --Knight moved that the Preliminary Official Statement be approved and that the -- carriedMayor be authorized to approve future changes. Motion carried 7 to 0. SEWER BUDGET ADJUSTMENTBUDGET ADJUSTMENT FOR CAPITAL IMPROVEMENT S-503. Agenda Report No. 98-766. On June 11, 1991, Council approved a contract for $307,544.50 to allow Professional Engineering Consultants (PEC) to design odor control facilities. On April 15, 1997 Council approved a Supplemental Agreement to increase fees to PEC not to exceed $68,840 for additional design services not covered by the scope of the original agreement between PEC and the Wichita Water & Sewer Department. The Supplemental Agreement requested PEC to provide service in three phases The scope of the services covered items in the bidding process, construction inspection and contract administration. PEC has completed the project. Staff must compensate per the agreement. The S-500 Biosolids Project has enough funds available to transfer $68,840 to the S-503 Chemical Injections System Project. The total CIP budget allocation will remain the same. Motion --Knight moved that the transfer of $68,840 from the S-500 Biosolids Project to the -- carriedS-503 Chemical Injection System Project be approved. Motion carried 7 to 0. HOMELESS SHELTER HOMELESS SHELTER ASSISTANCE. Agenda Report No. 98-767. The City’s budget allocated $50,000 to help agencies support homeless shelters/programs. The City Council previously approved an allocation of $15,000. operating costs for United Methodist Urban Ministry’s daytime Drop-In Center and costs of the winter overflow shelter. A balance of $35,500 remains to be allocated. The Homeless Plan - - submitted to the City Council by the Homeless Task Force - - recommended that the City of Wichita allocate funds on an annual basis for costs of providing emergency overnight and daytime shelter, and emergency overflow housing. The costs of specific applications, consistent with the recommendations of the Task Force, recommended the balance of funding be allocated equally to the primary emergency overnight shelters, not including the battered women’s shelters which receive CDBG funding. The recommended funding would be allocated to Interfaith Inn, Anthony Family Shelter, and Salvation Army Emergency Shelters, each receiving $11,833. Approval of the recommendation would be contingent upon each of the shelters providing and maintaining uniform records and data base information of those served and continuing and, wherever possible, to increase the level of collaboration and planning for meeting the community’s homeless needs Allocation of these funds will not commit the City for future homeless funding. A balance of $35,500 in General Operating funds are budgeted for emergency homeless programs/shelters. Appropriate agreements will be developed with each agency. Motion --Knight moved that the Allocations be approved and that Staff be -- carriedauthorized to sign agreements with Agencies. Motion carried 7 to 0. IRB - PIZZA HUTINDUSTRIAL REVENUE BONDS - PURCHASE OPTION - PIZZA HUT, INC.. (District II) Agenda Report No. 98-768. On November 19, 1991, City Council approved issuance of Industrial Revenue Bonds to Pizza Hut, Inc. in the amount of $5 million. The Bonds were issued to construct an addition to the Pizza Hut World Headquarters located at 9111 E. Douglas is east Wichita. The City Council also approved a five year 100% tax abatement for the expansion project. In 1995, Pizza Hut decided to move its corporate headquarters to Dallas and voluntarily resumed paying taxes on the abated property. The IRB Lease was later assigned to Tricon, Inc., a new corporation formed to hold ownership of PepsiCo’s restaurant division, including Pizza Hut, as part of a divestiture program. Tricon chose to relocate its corporate headquarters to Louisville, Kentucky and subsequently agreed to sell its East Douglas property to Koch Industries. In order to facilitate the transfer of ownership to Koch, Tricon has notified the City that it wishes to exercise its purchase option on the IRB-financed property. Under the provisions of Sections 17.1 and 17.2 of the Lease Agreement for the Series XI, 1991 Bonds, Pizza Hut, Inc., the Tenant, has the option to purchase the facility from the City of Wichita for the sum of $100 once all outstanding bonds have been paid. At the same time, upon receipt of Trustee certification that the bonds have been paid and receipt of $100 from Pizza Hut, Inc., the City will deliver the instruments needed to deed the bond financed property back to Pizza Hut, Inc. and terminate the IRB lease. The purchase price is $100 and other considerations as listed under the provision of the Lease Agreement including all payments necessary to redeem and retire all outstanding bonds. This price includes without limitations, the payment of all outstanding principal, interest, and all other expenses of redemption, and trustee fees, after the deduction of any amounts provided for in the Lease Agreement and available for such redemption. It is recommended that the City Council adopt the Resolution approving the Special Warranty Deed, Bill of Sale, Termination of Lease Agreement and Termination of Financing Statements and authorize the Mayor to sign, with delivery contingent upon satisfaction of all conditions for reconveyance under the lease. Motion --Knight moved that the Purchase Option be approved and that the Mayor be authorized to sign the necessary documents; and that the Resolution be -- carriedadopted. Motion carried 7 to 0. RESOLUTION NO. R-98-354 A Resolution authorizing the City of Wichita, Kansas, to convey title to the improvements to an existing facility constructed and furnished with the proceeds of its taxable Industrial Revenue Bonds, Series IX, 1991 (Pizza Hut, Inc.) to Pizza Hut, Inc.; authorizing execution of a deed, bill of sale, termination and release of lease, termination and release of site lease, cancellation, discharge, and release of indenture, and termination of financing statements; and authorizing the execution of all such other documents necessary to convey title in the project to Pizza Hut, Inc. presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. SENECA IMPROVEMENTSENECA STREET IMPROVEMENT, FROM DOUGLAS TO MCLEAN BOULEVARD. (District VI) Agenda Report No. 98-769. The 1999 Capital Improvement Program includes funding for the design and right- of-way acquisition for improvements to Seneca, from Douglas to McLean (CIP No. MS-209001, page 80). On July 8, 1998, the Staff Screening and Selection Committee selected Mid-Kansas Engineering Consultants (MKEC) to prepare construction plans for Seneca from Texas to McLean and “gateway” treatments from Kellogg to McLean. A design agreement has been prepared. The City Council is not being asked to approve the construction project at this time, only the preparation of construction plans and the acquisition of right-of- way. The CIP budget is $850,000. The funding source is General Obligation Bonds. Payments to MKEC will be on a cost plus percentage of cost basis not to exceed $62,289. Motion --Knight moved that the Project and Design Agreement be approved and that -- carriedthe Ordinance be placed on first reading. ORDINANCE An Ordinance declaring Seneca Street, From Texas to McLean Boulevard (Project Number 472-82966) to be main trafficways within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements on said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. SETTLEMENT OF LAWSUIT PAYMENT FOR SETTLEMENT OF LAWSUIT - CASE NO. 97 C 3783. Agenda Report No. 98-770. The plaintiff alleged damage as a result of negligent supervision of children in a summer recreation program in 1996. As a result of mediation, the plaintiff offered to settle for $50,000. After evaluating the risks associated with defending the lawsuit through trial, the Law Department believes there is substantial possibility that judgment and trial expenses could exceed that amount. Settlement does not constitute admission of liability on the part of the City; rather, it is merely a settlement to resolve a disputed claim. Funding for the settlement payment is from the City’s tort claims fund. Motion --Knight moved that payment as a full settlement of all possible claims arising out -- carried of the Case No. 97 C 3783 be approved. Motion carried 7 to 0. PARTIAL MEDIAN CLOSUREPARTIAL MEDIAN CLOSURE AT KELLOGG AND RECA. (District V) Agenda Report No. 98-771. Home Depot, a large home improvement center, has purchased a site north of the intersection of McCormick and Reca. In addition to site improvements, a partial median closure is proposed at Kellogg and Reca. CPO Council V considered the partial median closure on June 24, 1998. The Council voted 6-0 to approve the medians. On June 24, 1998, the Traffic Commission voted unanimously to approve the partial median closure. The notification area for the meetings listed above included. McCormick from Tyler to Holland, Irving from Tyler to Woodchuck, and all the property owners adjacent to Kellogg. The partial median closure is a concession of the Home Depot development plan. The project consists of constructing special medians on Kellogg that will continue to allow left turns from Kellogg to Reca but will prohibit left turns from Reca onto Kellogg. The medians will also prohibit through movements on Reca (to cross Kellogg). Cost of the partial median closure will be borne by Home Depot (Special Assessments). Motion --Knight moved that the partial median closure be approved. Motion -- carriedcarried 7 to 0. PROPERTY ACQUISITIONACQUISITION OF PROPERTY LOCATED AT 317 WEST BAYLEY (TRACT #2) FOR THE BAYLEY STREET RAIL CORRIDOR IMPROVEMENT PROJECT. (District VI) Agenda Report No. 98-772. The Bayley Street Rail Corridor Improvement Project, approved by City Council on June 24, 1998, requires the full acquisition of eleven tracts along Bayley Street. One of these tracts is 317 West Bayley which is owned by Roy Ott. The property is legally described as Lots 1 and 3 on Waco Avenue in Nelson’s Highland The subject tract contains approximately 7,000 square feet and is improved with single family structure containing 755 square feet. A valuation of the tract indicated that the property is worth $20,200. The property owner has agreed to sell the property to the City for this amount. The funding source is General Obligation Bonds. The budget of $27,200 includes $20,200 for the acquisition, $5,000 for demolition and associated costs, and $2,000 for acquisition and closing costs, title insurance, etc.. This is the ninth acquisition for the project. Counting this property, expenditures of $463,600 have been approved. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. ORDINANCESSECOND READING ORDINANCES. (First Read August 11, 1998) ORDINANCE NO. 43-943. a. Tax Exemption - McGinty Machine Company, Inc. (District I) An Ordinance exempting property from ad valorem taxation for economic development purposes pursuant to Article 11, Section 13, of the Kansas Constitution; providing the terms and conditions for ad valorem tax exemption; and describing the property of McGinty Machine Company, Inc., so exempted, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas. Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. 29th Street North Improvement - Oliver to Woodlawn. (District I) ORDINANCE NO. 43-944 A An Ordinance declaring 29th Street North from Oliver to Woodlawn (Project Number 472-82996) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas. Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. FIRST READING ORDINANCE. Industrial Revenue Bonds - YMCA. (Districts I and IV) Motion -- carried Knight moved that this Item be deferred one week. Motion carried 7 to 0. PLANNING AGENDA Marvin KroutDirector of Planning stated that all Items could be considered as consensus Items unless the Council desired to withhold other items. Motion --Knight moved that the Planning Agenda Items be approved as consensus Items. -- carried Motion carried 7 to 0. S/D 94-82S/D 94-82 - PLAT OF LAKE RIDGE 3RD ADDITION LOCATED NORTH OF 21ST STREET NORTH, EAST OF RIDGE ROAD. (District V) Agenda Report No. 98-773. MAPC Recommendation. Approve the Plat. Staff Recommendation. Approve the Plat. This site consists of six lots zoned SF-6, Single-Family Residential. A respread agreement for special assessments has been submitted. In order to allow for the platting of a street with a narrow or nonstandard right-of-way dedication, a 15- foot street, drainage, and utility easement was platted with this covenant restricting the use of easements. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Restrictive Covenant. Motion --Knight moved that the plat be approved and the Mayor be authorized to sign; and -- carried the document be received and filed. Motion carried 7 to 0. S/D 98-23S/D 98-23 - PLAT OF AMBURGEY 3RD ADDITION LOCATED EAST OF HOOVER, SOUTH OF 13TH STREET NORTH. (District V) Agenda Report No. 98-774. MAPC Recommendation. Approve the Plat. Staff Recommendation. Approve the Plat. This replat consists of one residential lot located in a developed area of the City and sanitary sewer and water facilities are available. A No Protest Agreement for the future paving of Smith Street has been provided. As required by the drainage plan for this site, an off-site drainage agreement has been obtained by the applicant. The site is within the noise impact area of the Mid-Continent Airport and an avigational easement and restrictive noise covenant were required. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Agreements, Avigational Easement and Restrictive Covenant. Motion --Knight moved that the plat be approved and the Mayor be authorized to sign; and -- carried the documents be received and filed. Motion carried 7 to 0. S/D 98-65S/D 98-65 - PLAT OF CARRIAGE HOUSE PLAZA FOURTH ADDITION LOCATED ON THE NORTH SIDE OF KELLOGG, EAST OF TYLER. (District V) Agenda Report No. 98-775. MAPC Recommendation. Approve the Plat. Staff Recommendation. Approve the Plat. Sanitary sewer and water facilities are available for this four-lot commercial site, which includes the proposed west side site for Home Depot. A zone change (Z-3275) to LC, Limited Commercial and GC, General Commercial was approved for this site subject to platting. The site is also subject to the Carriage House CUP (DP-50, Amendment #1). A letter of credit has been submitted for traffic and drainage improvements. A joint access agreement was provided to provide shared access between the lots. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Joint Access Agreement. Motion -- Knight moved that the plat be approved and the Mayor be authorized to sign; the document(s) be received and filed; and the associated zone change Z- 3275 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has been recorded with the Register of -- carried Deeds. Motion carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3275. Z-1192 Z-1192 - REQUESTS ZONE CHANGE FROM “SF-6" SINGLE-FAMILY TO “LC” LIMITED COMMERCIAL LOCATED AT THE SOUTHEAST CORNER OF 135TH STREET WEST AND MAPLE. (District V) Agenda Report No. 98-776. MAPC Recommendation. Approve , subject to conditions. Staff Recommendation. Approve, subject to conditions. This case was approved by the then City Commission on September 1, 1970, subject to platting. There was no time restriction placed on the platting requirement, therefore the zone case remains open until such time as the entire section is platted. A portion of the area remains unplatted. The plat was approved by the City Council on August 12, 1997; however, the recommendation inadvertently did not include placing the zoning ordinance on first reading. Therefore the zoning ordinance has not been adopted or published. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-1192. Z-3234 Z-3234 - REQUESTS ZONE CHANGE FROM “SF-6" SINGLE-FAMILY AND “LC” LIMITED COMMERCIAL TO “TF-3" TWO-FAMILY (15.3 ACRES) AND “LC” LIMITED COMMERCIAL (0.29 ACRES) LOCATED AT THE SOUTHWEST CORNER OF 29TH STREET NORTH AND TYLER ROAD. (District V) Agenda Report No. 98-776. MAPC Recommendation. Approve, subject to Platting. CPO Recommendation. Deferred. Staff Recommendation. Approve, subject to Platting. The applicant requests a zone change from "GO” General Office to “NR” Neighborhood Retail on Lot 1, and the removal of the restrictive covenants on Lot 2, in the Caliendo 11th Addition, so he can develop the site with those uses permitted in the “LC” Limited Commercial District and the Neighborhood Retail District. The restrictive covenants currently limits uses on Lot 2 to a car wash or general office uses. This property has remained undeveloped since it was zoned “BB” and platted in 1990. North of the property is a vacant lot and a MacDonald’s. West of the property is single-family homes and construction for an office building, east is a church and south is a single-family residence. Planning Staff recommended approval subject to three provisions in a Protective Overlay: 1) limiting the southern portion of Lot 2 to “NR” uses and signage, like Lot 1; 2) limiting access and granting easements so that in the future, the lots to the north and south of these 2 lots can share access and: 3) provide a guarantee to participate in extending a left turn lane on Webb Road south to these lots with the future widening project. CPO 2 and the MAPC voted to approve the zoning subject to the 1st and 3rd provisions, which were acceptable to the applicant, but not to the 2nd provision, which was not acceptable to the applicant. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3234. A 98-19A 98-19 - REQUESTS THE ANNEXATION OF PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED ½ MILE NORTH OF CENTRAL AND WEST OF 127TH STREET EAST. (District II) Agenda Report No. 98-778. The applicant, Kevin Daves, is requesting the annexation of property generally located ½ mile north of Central and west of 127th Street East. This property is bordered on the north and west by the current City boundary as indicated on the map. The proposed annexation area consists of approximately 4.36 acres and is currently being used as a single family residence. The subject property is in a developing residential area. The property is zoned "SF-20" Single-Family Residential; upon annexation the zoning will convert to the City's "SF-6" Single Family Residential zoning category. The land uses in the area are predominately residential, with the exception of the church to the south of the property and the Vyne Assisted Living Center to the southeast. Property adjoining the application area to the north and west is zoned "SF-6" Single-Family Residential and is being developed as a single-family subdivision (Country Club Court Addition). County land to the east is zoned LC" Limited Commercial (The Villas at Crestview 2nd Addition), and "SF-6" Single- Family Residential (Crestridge 2nd Addition) and (Vyne 2nd Addition). The property is being served with municipal water service from a 16 inch Wichita water line located at 127th Street East. The site is already being served with sewer from the Four-Mile Creek Sewer District. The property fronts 127th Street East, a 2-lane paved section-line road. Existing traffic volume along 127th Street, between 13th Street North and Central, is approximately 5,277 average daily trips (ADT). The 2020 Transportation Plan projects traffic along 127th Street to increase to approximately 7,520 ADT. The existing and projected traffic volume at this site are below current capacity (8,000 - 10,000 ADT). The Plan identifies this segment of 127th Street as remaining a 2-lane arterial. Furthermore, Sedgwick County's adopted Capital Improvement Program (CIP) does not indicate any plans to widen 127th Street. The Wichita Fire Department, operating out of Station Number 14, located at 6408 Farmview, can serve this site with an approximate 11 minute response time. A new City Fire Station is currently being constructed and will cut the response time in half to 5 minutes. The new station is scheduled to open October 1998 and will be located at 2808 N. Webb Road. Sedgwick County's Station Number 38, located at 1010 N. 143rd Street East, provides service within a 5 minute response time via the 1st responder agreement between the City and County. Upon annexation, police protection will be provided to the area by the Patrol East Bureau of the Wichita Police Department which is headquartered at 350 S. Edgemoor. There are no neighborhood or community parks in the immediate vicinity. This area is located approximately 4 miles from Eastview Park as well as W.B. Harrison Park. Eastview Park is located at 1544 N. Governeour and is approximately 19.98 acres. W.B. Harrison Park is located on the east side of Webb Road between Harry and Lincoln and is 40.15 acres. The proposed annexation site is within 1 mile of a general area that has been designated as a potential future park site by the Park and Open Space Master Plan. The property is located in Unified School District 385 (Andover Public School District). Annexation will not change the school district. This property is located within the urban growth area of the City of Wichita as delineated by the Comprehensive Plan for the metropolitan area, and is also inside the Policy 32 urban service area. The property is located within an area that is being served with City water and County sewer. The property has a total appraised value of approximately $757,760 which would result in a yearly tax revenue of $2,721 for the City of Wichita. On the basis of the foregoing information, it is concluded that the annexation of the property in question will not result in an extraordinary expense to the City- at-large. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carriedOrdinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A 98-19 A 98-20A 98-20 - REQUESTS THE ANNEXATION OF PROPERTY ADJOINING THE CITY AND GENERALLY LOCATED 1/4 MILE NORTH OF CENTRAL, ADJACENT TO K-96, AND WEST OF 127TH STREET EAST. (DISTRICT II) Agenda Report No. 98-779. In this instance the City is acting on a previously signed water agreement request for annexation. The current owner is East Point Church of Christ. The site (previously platted as Elpyco Church of Christ Addition) is generally located ¼ mile north of Central, adjacent to K-96, and west of 127th Street East. This property is bordered on the north by the current City boundary. According to the water agreement provided by the applicant, the proposed annexation area consists of approximately 19.24 acres and has been developed as a church site. A final plat for the Elpyco Church of Christ Addition was approved by the City Council on January 10, 1995. It was recorded by the County Register of Deeds on February 22, 1995. The applicant of this addition entered into a water service agreement with the City during the platting process. The applicant, at that time, signed an agreement accepting future annexation when the property would be eligible. This agreement was recorded and is binding on subsequent landowners. The agreement states that: "the owners of land covered hereunder do hereby consent to, petition, and request the annexation of such lands by the City of Wichita at such time as it determines appropriate (as contemplated in K.S.A. 12-519 et. seq.). Until such time as the annexation occurs, the owners covenant and agree they will not seek incorporation as a separate city nor annexation to any other city of the land, or any part thereof. The foregoing consent to annexation and covenants are hereby made binding on all heirs, successors and assigns and are made a covenant to run with the land and shall not be withdrawn without the consent of the City of Wichita; and in the event such consent is given, said services above may be terminated at the option of the City of Wichita." The current zoning is "SF-20" Single Family; upon annexation the zoning will convert to the City's "SF-6" Single Family Residential zoning category. Land to the north is in Wichita and is zoned "SF-6" Single Family Residential. It is currently being graded for residential development. County land to the southwest is zoned "SF-20" and is undeveloped. The land uses in the area are predominately residential. The property to the southwest (K-96 Expressway) is currently zoned "SF-20". Property adjoining the application area to the north is zoned "SF-6" and is being developed as a single- family subdivision (Country Club Court Addition). To the east is a condominium complex (The Villas at Crestview 2nd Addition) with "LC" Limited Commercial zoning, as well as a residential area with "SF-6" Single-Family Residential zoning (Crestridge 2nd Addition), and (Vyne 2nd Addition). The site is already being served with municipal water service from a 16 inch Wichita water line located at 127th Street East. The site is also already being served by the Four-Mile Creek Sewer District. The property has access to 127th Street East, a 2-lane paved section-line road. Existing traffic volume along 127th Street, between 13th Street North and Central, is approximately 5,277 average daily trips (ADT). The 2020 Transportation Plan projects traffic along 127th Street to increase to approximately 7,520 ADT. The existing and projected traffic volume at this site are below current capacity (8,000 - 10,000 ADT). The Plan identifies this segment of 127th Street as remaining a 2-lane arterial. Furthermore, Sedgwick County's adopted Capital Improvement Program (CIP) does not indicate any plans to widen 127th Street. The Wichita Fire Department, operating out of Station Number 14, located at 6408 Farmview, can serve this site with an approximate 11 minute response time. A new City Fire Station is currently being constructed and will cut the response time in half to 5 minutes. The new station is scheduled to open October 1998 and will be located at 2808 N. Webb Road. Sedgwick County's Station Number 38, located at 1010 N. 143rd Street East, provides a 5 minute response time via the 1st responder agreement between the City and County. Upon annexation, police protection will be provided to the area by the Patrol East Bureau of the Wichita Police Department which is headquartered at 350 S. Edgemoor. The property is located in Unified School District 385 (Andover Public School District). Annexation will not change the school district. This property is located within the urban growth area of the City of Wichita as delineated by the Comprehensive Plan for the metropolitan area, and is also inside the Policy 32 urban service area. The property and improvements are tax exempt. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carriedOrdinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A 98-20 EXECUTIVE SESSION Motion -- Knight moved that the City Council recess into executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to potential litigation, legal advice, contract negotiations, and preliminary discussions relating to the acquisition of real property for public purposes; and that the City Council return from executive -- carried session at 10:45 a.m. Motion carried 7 to 0. RECESS The City Council recessed at 10:12 A.M. and reconvened in regular session at 10:45 a.m. Mayor Knight Mayor Knight announced that there was no action necessary as a result of the Executive Session. ADJOURNMENTThe City Council meeting adjourned at 10:45 A.M. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 166 AUGUST 18, 1998