MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, February 7, 1995 Tuesday, 9:07 A.M. The City Council met in regular session with Mayor Broadfoot in the Chair. Council Members Cather, Cole, Ferris, Kamen, Reeser, Rogers; present. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by William McConnell, Hillside Christian 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 January 31, 1995, were -- approved approved 7 to 0. AWARDS AND PRESENTATIONS Council Members Ferris, Kamen; momentarily absent. PROCLAMATIONS Mayor Broadfoot presented the Proclamations that were previously approved. UNFINISHED BUSINESS LICENSE REVOCATION APPEAL OF LICENSE REVOCATION (ROGER CUNNINGHAM). This Item was stricken from the Agenda. CONDEMNATION REVIEW CONDEMNATION REVIEW: 1202 CLEVELAND. Continued from January 31, 1995, to allow the new owner to finalize purchase. Chris Cherches City Manager reviewed the Item. Kurt Schroeder Acting Superintendent of Central Inspection said the contract buyer, Mr. Faucette had paid the taxes on February 6, 1995; however, no work has been done. Motion -- Rogers moved that Mr. Faucette be given until February 10, 1995, to show that the sale has been completed; if the sale has been completed by February 10, 1995, than 30 days be given to bring the property up to code; the taxes be kept current, the structure(s) are to be kept secured, and the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed with demolition; if necessary, OCI can secure the property -- carried and charge the expenses to the property. Motion carried 7 to 0. CONDEMNATION REVIEW CONDEMNATION REVIEW: 3307-11 EAST PAWNEE. Agenda Report No. 94-828 B. This property was first cited for violations on March 12, 1992. Several notices were issued, and on July 29, 1994, a pre-condemnation letter was issued. Condemnation action was initiated on August 22, 1994. At the October 3, 1994 BCSA hearing, the owner and contract buyer appeared. The BCSA recommended 10 days to start demolition and an additional 10 days to complete. On December 6, 1994, 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 January 26, 1995, the owner, Mary Sleight, contacted council member Cather and requested time to sell the property to a new buyer, so that it might be repaired. Mr. Cather requested this item be brought back before the Council for review. Demolition bids were opened on February 3, 1995. Staff inspected the structure on January 26, 1995. The structure was open, no repair work had been made, and there was junk, debris on the premises. The taxes are current. The owner was notified of the date and time of this Hearing. Kurt Schroeder Acting Superintendent of Central Inspection reviewed the Item and said there is now a new buyer, Ms. Klingman who has cleaned the premises, secured the property, and would like to have additional time to complete repairs. Ms. Klingman Ms. Klingman, the new owner, said she could bring the structure up to code in 60 days. The structure Mayor Broadfoot Mayor Broadfoot announced that the public hearing was open and interested persons would be heard at this time. Motion -- Cather moved 60 days be granted to repair the structures conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to -- carried proceed to let for bids to demolish the structure. Motion carried 7 to 0. NEW BUSINESS IRB - TRAMCO REQUEST FOR LETTER OF INTENT FOR INDUSTRIAL REVENUE BONDS - TRAMCO, INC. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-003 A. Tramco, Inc. is requesting the issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not to exceed $1,000,000. The bond proceeds will be used to construct and equip an addition to Tramco's manufacturing facility, located at 1011 East 19th Street North, and to purchase additional machinery. Tramco also requests the City grant a 100 percent ad valorem tax abatement for a 10-year period. Tramco has been issued two industrial revenue bond issues in the past. In 1973, Tramco was issued $150,000, Series XXXV-1973 Industrial Revenue Bonds to finance a 20,000 square foot addition to their manufacturing facility. In 1982, Tramco issued $350,000, Series XXVIII-1982 Industrial Revenue Bonds to finance the purchase of land and the construction of an office building. The debt service on both bond issues has been met by Tramco and there are no outstanding bonds. Tramco, Inc. manufactures and sells bulk material handling equipment which is custom built for each customer. The equipment consists of En Masse, drag and belt conveyers and bucket elevators and elevator legs. Tramco sells its products both nationally and internationally and is the only company that sells its kind of products coast to coast. Tramco sells over 95 percent of its product outside the State of Kansas with 30 percent of those products sold internationally. Tramco has a current approved EEO/AA Plan on file with the City's Human Resources Department. The cost/benefit analysis based on the fiscal and economic impact model of the University of Kansas Institute for Public Policy and Business Research shows a combined ratio of benefits over costs of 1.01 to one. This ratio is based on a tax abatement of 97.5 percent for the first five years and 48.75 percent for the second five years, which is consistent with the City's policy for granting tax exemptions under the Wichita Business Incentive Policy. Proceeds from the requested bonds will be used to construct a 50,000 square foot addition to Tramco's manufacturing facility and to purchase production equipment to meet their capacity needs. The addition to the manufacturing facility will be in the form of two metal buildings. The project will be financed by a combination of bond proceeds ($1,000,000) and corporate funds ($75,000) used as follows: USES OF FUNDS Construction costs $ 750,000 Additional equipment acquisition 250,000 Contingency 50,000 Reserve and issuance costs 25,000 Total Uses of Funds: $1,075,000 The bonds will be privately placed. The firm of Hinkle, Eberhart and Elkouri, L.L.C. will serve as bond counsel in the transaction. Tramco, Inc. currently employs 110 people at its Wichita facility. Current expansion plans for Tramco, forecasts an increase in employment at the Wichita facility of approximately 10 people within the first year. If these projections are met, over $220,000 in new personal annual income will be added to the Wichita economy through wages paid to Tramco's expanded work force. Tramco, Inc. agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. Tramco is requesting a 100 percent tax abatement of ad valorem property taxes on the project for a 10-year period. During the 10-year period of the requested property tax abatement, Tramco will continue to pay taxes on the current facility. The taxes paid by Tramco in 1994 was $33,327.89. Property taxes on improvements and personal property financed with IRBs will be fully abated for 10 years. Estimated first year taxes abated on the proposed project are $27,341, of which $7,543 is the City portion, $7,139 the County/State portion, and $12,659 the U.S.D. 259 portion, based on the 1994 mill levy of 113.42 mills. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the issuance of a Letter of Intent to Tramco, Inc. for Industrial Revenue Bonds in an amount not to exceed $1.0 million and grant a 97.5 percent tax abatement for a 5-year period and a 48.75 percent for a second 5-year period, subject to the following conditions: 1. Negotiation of a Lease Agreement and Bond Ordinance. 2. Arrangements have been made for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds are in place. 4. Agreement to pay the City administrative fees of $2,500 per year for as long as the bonds are outstanding. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. An approved Equal Employment Opportunity/Affirmative Action Plan is on file with the City prior to issuance of the bonds. 7. An approved Water Conservation Plan is on file with the City prior to issuance of the bonds. 8. Agreement to submit building and site plans to CART (City Manager's Aesthetic Review Team) for review and to modify the proposed design to comply with any reasonable CART conditions or recommendations. 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement the ESA will be conducted by an independent consultant who is a recognized expert in the area. Industrial Revenue Bonds will not be issued if the ESA discloses environmental conditions that might have implications for bond purchasers under the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 10. Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual audits to the City. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the tax abatement. If the applicant fails to demonstrate a good-faith effort to achieve these goals, the City may revoke the tax abatement by either imposing payments-in-lieu-of-taxes or by declining to make the annual exemption filing with the Board of Tax Appeals. All repayments of in-lieu taxes shall be redistributed to the other taxing authorities in accordance with the law. 14. Applicant is encouraged to utilize Minority- owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. -- carried Motion carried 7 to 0. (The following Item was time certain and heard later in the meeting; action is shown in Agenda order.) CONDEMNATION HEARINGS CONDEMNATION HEARINGS. (Council Member Kamen absent) Kurt Schroeder Acting Superintendent of Central Inspection reviewed the Item. Agenda Report No. 94-1042 A. The Council adopted resolutions which were published on December 21, 1994, and December 28, 1994, providing for a public hearing on February 7th, 1995. A copy of each resolution was sent by certified mail or personal service delivery to the owners and lien holders of record of each described property. Hearings will be held on the following properties: (1) 522 North Madison District I (2) 1256 North Volutsia District I (3) 1508 North Hillside District I (4) 447 North Elder District IV (5) 509 North Elder District IV Mayor Broadfoot Mayor Broadfoot announced that the public hearing was open and interested persons would be heard at this time. Motion -- Rogers moved that the public hearing be closed, the resolutions declaring the building(s) dangerous and unsafe structures be adopted, the BCSA recommended time frame to alleviate the findings and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Motion -- carried carried 6 to 0. (Kamen absent) RESOLUTION NO. R-95-052 A Resolution finding that the structure located on land described as: Lots 14 and 16, on Locust, now Madison Avenue, Stites Brothers Second Addition to Wichita, Sedgwick County, Kansas, known as 522 North Madison in said City is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. Yeas: Cather, Cole, Ferris, Reeser, Rogers, Broadfoot. (Kamen absent) RESOLUTION NO. R-95-053 A Resolution finding that the structure located on land described as: Lots 54 and 56, on Academy now Volutsia Avenue, Fairmount Park Addition to Wichita, Sedgwick County, Kansas, known as 1256 North Volutsia in said City is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. Yeas: Cather, Cole, Ferris, Reeser, Rogers, Broadfoot. (Kamen absent) RESOLUTION NO. R-95-054 A Resolution finding that the structure located on land described as: the south 16 feet of Lot 134, all of Lot 136, and the north 12 feet of Lot 138, Hillside Avenue, in Fairmount, an Addition to Wichita, Sedgwick County, Kansas, known as 1508 North Hillside in said City is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. Yeas: Cather, Cole, Ferris, Reeser, Rogers, Broadfoot. (Kamen absent) RESOLUTION NO. R-95-055 A Resolution finding that the structure located on land described as: Lot 1, Block 13, Fruitvale Park, Sedgwick County, Kansas, known as 447 North Elder in said City is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. Yeas: Cather, Cole, Ferris, Reeser, Rogers, Broadfoot. (Kamen absent) RESOLUTION NO. R-95-056 A Resolution finding that the structure located on land described as: Lot 9, Block 12, Fruitvale Park, Sedgwick County, Kansas, known as 509 North Elder in said City is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 6 to 0. Yeas: Cather, Cole, Ferris, Reeser, Rogers, Broadfoot. (Kamen absent) (Council Member Kamen present) WATER SUPPLY PLAN WATER SUPPLY PLAN - EQUUS BEDS RECHARGE DEMONSTRATION PROJECT (PHASE I, PROJECT I). Agenda Report No. 95-094 On August 31, 1993, Council approved, and instructed staff to implement, the integrated local water supply plan recommended in the Water Supply Plan developed by the City's engineers Burns and McDonnell/Mid-Kansas Engineering Consultants. The plan identified cost effective water resources that would be adequate to meet Wichita's water needs to the year 2050. At the time the City Council approved the plan, the City Council also approved a Supplemental Agreement with Burns and McDonnell to perform a feasibility study. The cost of that effort was $137,000. A key element of the plan is the use of "bank storage" in the Little Arkansas River to recharge the Equus Beds. The feasibility study has determined that "bank storage" has the potential to provide a significant amount of water (7 to 39 million gallons per day). However, because the use of "bank storage" as a water supply is an innovative approach, there is limited data on the full potential of this as a water source. In order to determine if "bank storage" is a viable water source, a phased implementation was recommended. Phase I-Project 1 includes preparing a project description and funding proposal for the Bureau of Reclamation, drilling test holes and monitoring wells, performing environmental assessment work, designing a monitoring station, evaluating storm data, designing pumping well and conducting aquifer and infiltration tests, performing water quality assessments, refining the hydrologic model developing in the feasibility study, developing/refining a stored water accounting system, providing gaging, performing data logging, meetings, reports, etc. The feasibility report is complete, and the engineers delivered to the City a report titled "Equus Beds Groundwater Recharge Demonstration Project Feasibility Study (Phase I, Part 1-Preliminary Data Review and Concept Development)". That report developed several conclusions, the most important ones being: If the wellfield is not recharged, it will be vulnerable to salt water contamination. There appears to be adequate storage available in the Equus Beds to store enough recharge water to meet the City's future water supply needs. Plan implementation should proceed in phased projects to gain adequate data to justify further project implementation and expenditures. Due to the value of this project beyond the City, and its unique use of water resources, USGS has offered to participate in this project by providing collection and analysis of water samples; stream and well gaging; and data logging and sharing the cost of the same. Since this project includes taking water from a surface water source and intermixing it with groundwater supply, extraordinary effort will be needed to assure that the quality of the groundwater will not be unreasonably diminished. In addition, Federal funding, through the Bureau of Reclamation (BOR), has been approved by Congress. In 1995, $500,000 in Federal matching funds (above USGS cost-share participation) will be available, if the City is able to meet National Environmental Policy Act (NEPA) requirements. Part of the work to be performed by Burns & McDonnell and the USGS under the proposed agreements will address the NEPA requirements. The estimate of cost of the demonstration project which includes Phase I, Projects 1 and 2 and Phase II was estimated to cost about $3.5 million in the 1993 Water Supply Plan report. Now, due to the additional water quality and environmental assessment work required, the total cost of the demonstration project has increased by $3.0 million to about $6.5 million. However, this increase in cost is off-set by the potential federal participation in the project of an estimated $2.5 million. Staff believes that the water quality and environmental assessment work (the main components of project cost increase) will be necessary in order to obtain the approvals required to implement the full-scale water supply project. Therefore staff believes it is prudent for the City to take advantage of federal participation in the project and project funding and obtain this information now. Staff offers the following alternatives for the City Council to consider: 1) Authorize staff to proceed with Phase I- Project 1 of the water supply plan, and approve the Supplemental Agreement with Burns & McDonnell and the Assistance Agreement with the USGS. 2) Do not authorize this project at this time. However, delaying this project could impair the City's ability to meet water demands in the future. Further, if the project does not go forward at this time, the opportunity to take advantage of Federal cost sharing may be lost. This alternative is not recommended. Costs for implementation of the Phase I-Project 1 include: Engineering Services $ 694,000 Construction $ 395,000 USGS sampling & analysis, gaging, data logging $ 609,771 City water analysis $ 90,000* Groundwater Mgmnt District sampling $ 10,000 Total first year costs $1,798,771 Total USGS First Year Participation $ 250,000 Total City First Costs $1,548,771 Potential B.O.R. Participation $ 500,000 Potential Net City Costs $1,048,771 The expenditures authorized by this agenda report are the engineering services ($694,000) and the USGS services ($609,771 - $250,000 = $359,771). Other expenditures will be authorized by subsequent agreements which will be submitted to the Council for approval. *This is the cost for the City to contract the sample analysis that cannot be performed by the USGS. If Council authorizes additional part-time lab staff and equipment in a companion agenda report, this cost is reduced to $40,000 in 1995 and $30,000 in subsequent years. It is estimated that the costs of the demonstration project beyond 1995 will be: '96 '97 '98 '99 Engineering $ 410,000 $ 279,000 $ 290,000 $ 300,000 Construction $1,591,800 $ -0- $ -0- $ -0- Sampling, analysis, gaging data logging (USGS) $ 216,340 $ 396,524 $ 406,468 $ 449,416 Operation/maintenance $ 10,000 $ 11,000 $ 12,000 $ 12,000 GMD #2 Services $ 10,000 $ 10,000 $ 10,000 $ 10,000 City Water Analysis $ 80,000 $ 80,000 $ 80,000 $ 90,000 Total Costs $2,318,140 $ 776,524 $ 798,468 $ 861,416 Potential USGS Assistance $ 105,155 $ 150,000 $ 150,000 $ 150,000 Funding for this project is in included in the CIP as project W-403. The demonstration project has a total authorization of $3,476,000. To date $390,000 in expenses have been authorized against the project. The 1995 authorization for this project is $2,500,000. David Warren Director of Water and Sewer reviewed the Item and responded to questions. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Broadfoot moved that the Supplemental Agreement with Burns and McDonnell and the Assistance Agreement with the USGS be approved and the Mayor be authorized to sign; and the project costs be authorized to be paid from the Water Utility -- carried Improvement Fund and/or a future bond issue. Motion carried 7 to 0. 47TH STREET NORTH PAVING OF 47TH STREET NORTH FROM ALEXANDER TO SULLIVAN. (District VI) Agenda Report No. 95-001 B. On January 10, 1995, the Council considered a proposal to pave Alexander and 49th St. North, from 46th St. North to Sullivan, and 47th St. North from Alexander to Bison. Because of many questions and concerns expressed to Council Member Cole prior to the meeting, the Council deferred the matter for two weeks to allow an additional meeting for the neighborhood. A neighborhood meeting was held on January 12, 1995. As a result of comments at the meeting, it was recommended that the Council adopt a resolution to pave Alexander from 49th St. North to 46th St. North. In addition, it was recommended that the Council adopt a resolution setting February 7, 1995 as a public hearing date on paving 47th St. North from Alexander to Sullivan. On January 24, the City Council adopted a resolution setting February 7, 1995, as the hearing date. On January 25, 1996, CPO Council 6 considered the project. The Council first voted 4-4 to recommend approval, then voted 7-1 to take no action. The section of 47th Street North will be one of the two remaining sections of unpaved streets in the area between the Little Arkansas River and Arkansas Avenue, south of 49th Street North. The other section is 49th Street between Bison and Sullivan. Many of the properties in this area have been annexed into the City of Wichita through a series of recent annexations. However, a large portion of the proposed improvement district area for the proposed 49th Street project, as well as four lots in the proposed 47th Street project improvement district area, and not currently within the City limits of Wichita. Therefore, in order to proceed with both projects, it will be necessary for the Council to defer final action on the 47th Street Project until after the four lots are annexed, and to either defer the 49th Street project indefinitely or seek an inter-local governmental agreement with Sedgwick County which would allow the paving to proceed. Staff recommends pursuing the inter-local agreement for the 49th Street project and deferring final action on the 47th Street project until the four lots are annexed, which is anticipated to be completed in April. Kansas Statutes provide that the City Council has the authority to order in street paving. Property owners may block the project if there is a written protest signed by 51% or more of the property owners and representing more than one-half of the improvement district area. Mike Lindebak City Engineer reviewed the Item. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. William Downs William Downs, 4805 Sullivan, said the main flow of traffic is on 46th and that 47th Street is rarely used. The City and residents could save money by not paving 47th. Mr. Downs said he would like to see 47th and 49th Street kept as separate projects. Council Member Cole Council Member Cole explained that there was a meeting with 25 to 30 area residents, some of whom wanted 47th Street paved. William Downs William Downs stated that there was a petition, with over 51 percent of the property owners signing, which was against the 47th Street paving project. Mike Lindebak City Engineer said the petition was not valid was it was not in proper form. Motion -- Cole moved that the public hearing be continued until all properties in the proposed improvement district have been annexed. Council Member Kamen Council Member Kamen said there was no petition to see whether the project was wanted and that he would vote against this project. -- carried Motion carried 6 to 1. Kamen - No. CDC HOME FUNDS COMMUNITY DEVELOPMENT COALITION (CDC), INC., REQUEST FOR HOME FUNDS. Agenda Report No. 95-116. Since April, 1992, the City of Wichita has been receiving funds for housing activities from the HOME Investment Partnerships Program, an entitlement grant from the Department of Housing and Urban Development (HUD). An emphasis of the program is to develop partnerships with other organizations to address housing needs of low-income households. Under current regulations, HUD allows 5% of HOME Program funds be used to support local CHDOs. For any fiscal year, a CHDO may receive up to 50% (or $50,000), whichever is greater, of its total operating expenses. Operating expenses are defined as "reasonable and necessary costs for the operation of the CHDO. Such costs may include salaries, wages, other employee compensation and benefits, employee education, training and travel, rent, insurance and equipment, materials and supplies." The Community Development Coalition has requested $50,000 to support its operational budget. Prior allocations from the City to this agency include: Granville Park Project $192,530 in HOME CHDO Set-aside Funds Phyllis Wheatly Building $ 65,000 in CDBG The Community Development Coalition (CDC), Inc., was incorporated in March of 1993, as a not-for-profit organization. In October, 1993, the CDC received authorization to become a 501(c)(3) organization and also received certification to become the second Community Housing Development Organization (CHDO) for the City of Wichita. The CHDO designation has allowed CDC to begin work on new housing, housing reconstruction and rehabilitation contracts for the City which are eligible to be funded by the HOME Investment Partnerships Program and Community Development Block Grant (CDBG) funds. CDC was the first minority organization to receive CHDO certification from the City and the State of Kansas (on December 12, 1994, CDC received State CHDO certification). Community Development Coalition's goals are to provide job training, increase potential income, create business and home ownership opportunities for low-income and minority individuals and encourage economic self-sufficiency within the community. By addressing the various needs in the community such as housing, health care, education, and lack of social services, CDC feels that it will ultimately foster revitalization. CDC also believes that neighborhood revitalization is the primary solution to gangs and violence in this community. It has since created partnerships with several entities in order to revitalize the northeast community. In addition to housing, CDC is currently working on five (5) projects it calls the Northeast Initiative which, when completed, will enable CDC to become self-sufficient; thus, not needing to request additional operating support. CDC's request for $50,000 will be used specifically for operating expenses for the organization. Although HUD allows a CHDO to receive 50% or $50,000 in HOME funds for operating, the amount CDC has requested is only approximately 16% of their anticipated budget for 1995. CDC is aggressively utilizing other avenues to seek funds and some of the program specific funds allow for the inclusion of minimal administrative costs. Funds can be reprogrammed from FY 93 or 94. The City has allocated the use of all HOME funds except $167,270 in CHDO Set-aside from FY 94. CHDO Set-aside is not eligible for general CHDO operating funds. However, $743,490 has yet to be committed to actual program participants from FY 93 and FY 94. Part of this amount could be reprogrammed for operating funds and/or additional CHDO Set-aside for specific projects. CDC's request is an allowable activity under the guidelines established by HUD for the HOME program. Chris Cherches City Manager reviewed the Item. The City Manager, responding to questions, said the City currently has four certified CHDOs registered with HUD, and a potential of at least two more. The City cannot provide more than five percent (approximately $75,000) of its total allocation for operating funds. HUD, in the text of the message about the HOME Program, did not advocate that the HOME Program should be the sole support of any CHDO. CHDOs are expected to be as independent and self-supporting as possible. The Council can establish any criteria because there is no mandate that these operational funds be provided, only an allowance that the City may allocate up to 5 percent, no more than $50,000 per CHDO. The Housing Division is recommending approval based on the fact that it represents a small portion of their annual budget. There are no guidelines for recommendations, but what is submitted complies with the HUD eligibility requirements and that there is a work plan. The City Manager said he thought staff would like to have some guidance from the Council as to how these requests should be handled. Council Member Cole Council Member Cole said there needs to be clearly measurable goals. Mayor Broadfoot Mayor Broadfoot stated that a clear signal needs to be sent as to whether or not the Council would look at this as seed money for one year. Chris Cherches City Manager, answering questions, said HUD feels that a community the size of Wichita should have more than one CHDO, but it is uncertain what the optimum number of CHDOs is. As long as each CHDO has a mission and is not duplicating efforts, there is plenty of work to be done in a community of this size. The maximum allocation the City gives for CHDOs from the HOME funds is 15 percent so there is competition for those moneys. Mayor Broadfoot Mayor Broadfoot said it was her understanding that SANCHO was formed, primarily, to be a consortium of organizations and agencies that provide services to disabled persons; and that SANCHO was looking principally at housing opportunities. Now, the City has received a letter from SANCHO indicating an interest in the development of the 21st Street Corridor east of Oliver relative to the closed K-Mart. This goes back to whether or not the groups are creating distinctive opportunities in the community or whether efforts are being duplicated. Chris Cherches City Manager said that, at some point in time, if there is criteria set forth, there should be some type of collaborative process to ensure that the City's mission, its Comprehensive Housing Program criteria, is being met by anything the City funds. SANCHO has already submitted a written request and will be coming to the Council for operational costs; and, the City Manager has been verbally advised that the Indo- Chinese Center will also be coming to the Council for some operational costs. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Glen Williams Glen Williams, director of Housing for CDC, said it should be noted that, of the programs the CDC has been involved with, CDC has only previously asked for program dollars. CDC is working and will work with many organizations in the community in an effort to address the needs of the community. The difference between CDC proposed credit union and FARS is that the credit union also has the ability to make loans. The credit union also has the ability to meet with individuals and make a peer decision regarding a loan. Vanessa Robinson-Dooley Vanessa Robinson-Dooley, answering questions, said the $25,000 on the current budget is what CDC anticipates receiving from the pallet company when it becomes more profitable. All revenues shown on the budget are anticipated. Steve Hastings Housing Specialist, responding to questions, explained that reimbursements are made for incurred expenses and only one-half of operating expenses. The funds are matching $.50 on $1 of verified expenses. OmPal Chauhan OmPal Chauhan, Chairman of the Board of Directors for CDC, assured the City Council that every cent will be utilized correctly and there will be accountability. CDC is not totally dependent on the City and funds. Steve Hastings Housing Specialist said that from 1993 and 1994, in funds the City has allocated for program activities, up to $130,000 could be withdrawn and placed into operating expenses for CHDO. If that is not done, it does not mean the money is idle, it will be used in the programs originally budgeted for in 1993 and 1994 (Home Ownership Program, Deferred Loan Program, and Rental and Rehab Programs). But, in uncommitted funds, the City could take up to $130,000 from 1993 and 1994 fiscal year program and reallocate it to CHDO. From the Consolidated Plan program year with the CDBG and Emergency Shelter Grant Funds and HOME Funds, in March of 1995, a portion can be taken. There is also approximately 5% of $1.6 million in HOME funds which is about $80,000 for 1995-1996. The 1993 and 1994 moneys all have been allocated towards activities such as Home Ownership but applications have not been received to use all of the funding. So, if the Council chose, HUD would be content with the idea that some of that money could be used for operating money now. Mayor Broadfoot Mayor Broadfoot said she would not be inclined to use the 1993 and 1994 moneys because in the CDBG process, the list of priorities were on homeownership and rehabilitation - not to pay for operational costs of entities. Steve Hastings Housing Specialist clarified that the $130,000 for 1993 and 1994 could not be used for economic development. Motion -- Reeser moved that the CDC request for HOME Funds in the amount of $50,000 for operational expenses be approved. Concern was expressed that organizations should not feel these funds would be on-going. Amendment -- Reeser, with consent of the Second amended the motion to ask that Staff return to the Council with criteria that relate to operational expenses and other related matters for HOME Funds. Council Member Cole Council Member Cole said criteria developed should not just apply to the next applicants. Council Member Reeser Council Member Reeser said there already appears to be a built in performance evaluation established by HUD (matching grant, expense submittal). Mayor Broadfoot Mayor Broadfoot said there are criteria which are never re- evaluated which may result in a minimal performance which meets criteria. There needs to be flexibility but, more importantly, there needs to be a greater degree of accountability which has not been there to a desirable degree. Council Member Reeser Council Member Reeser stated that he did not want the City micro-managing these organizations because the organizations needs flexibility to do their day-to-day operations. Council Member Rogers Council Member Rogers said a disservice would be done if there is no established criteria. Council Member Cole Council Member Cole explained that her real worry is that the HOME Funds and when the list of projects and activities is examined, there are many that do not have much to do with homes and it is possible $50,000 will be spent and not be directed to provide housing. Council Member Cole suggested a workshop be set up on this matter. Council Member Ferris Council Member Ferris said the motion would allow criteria to be established later and for the CDC request to fall under the established criteria. Council Member Cather Council Member Cather said too narrow of focus on housing may cause the Council to miss some things which enable and empower people to obtain housing. Council Member Rogers Council Member Rogers said that when the criteria is discussed, it will have to be that it meets the HUD definition of housing. Council Member Reeser Council Member Reeser clarified that he meant that the basic agreement of allocating the $50,000 could not be removed later because of newly developed criteria which may so restrictive that this grant should not have been given. -- carried Motion carried 7 to 0. Council Member Reeser Council Member Reeser requested information regarding how the Council should look at housing, HOME Funds, the original bill and the flexibility of use. Steve Hastings Housing Specialist said the National Affordable Housing Act has a whole breadth of activities which all are tied back to housing. The Act also encourages, with the Consolidated Plan coming into effect this year, not to look at housing alone but to coordinate it with CDBG, ESBG, and other funds to support employment, training, and all of the other things that must go into neighborhood revitalization. That is one reason the Consolidated Plan has come together. Consensus was that there would be a workshop on this matter, CITY COUNCIL AGENDA APPOINTMENT APPEAL RE: APPOINTMENT TO ART MUSEUM BOARD. (Lucinda Foster) Lucinda Foster asked to be allowed to wait for her Counsel. Motion -- Ferris moved that this Item be taken up later in the Agenda. Motion carried -- carried 7 to 0. (The Council proceeded with the Agenda and then returned to this Item. Action is shown in Agenda order.) Benjamin Foster Benjamin Foster, representing Lucinda Foster, said the ordinance applies to regular meetings and there are no provisions regarding special sessions; and Ms. Foster should not be removed from the Board. Gary Rebenstorf City Attorney said the Law Department had rendered a legal opinion that special meetings count because subsection 4 of the Ordinance provides for regular meetings scheduled and also provides that there can be other meetings scheduled by boards and commissions. With the authority to call special meetings, special meetings should count as well as regularly scheduled meetings. Also, Ms. Foster was absent for more than 50 percent of the total meetings and more than 50 percent of the regular meetings during the 12 month period. Council Member Ferris Council Member Ferris said he thought the appointment should be terminated; and the Council Member has the option to reappoint is so desired. Council Member Kamen Council Member Kamen clarified that, contrary to rumors, Ms. Foster was not moving from Wichita. Motion -- Kamen moved that the appeal be denied and a vacancy be declared. Motion carried -- carried 6 to 1. Cather - No. OFF AGENDA ITEM ART MUSEUM BOARD ART MUSEUM BOARD Motion -- carried Reeser moved that an Item be taken up off the Agenda. Motion carried 6 to 1. Ferris - No. Council Member Reeser Council Member Reeser expressed concern that a critical point had been reached with regard to the depression of morale of the Friends of the Art Museum Organization. The Organization has been unfairly attacked recently and has not been shown respect and dignity. The controversy must be concluded very quickly. One of the most disturbing events that has happened in the recent past and it appears it may be repeated is the rumor that, somehow, the Friends have not been good stewards of the private donations they have raised. This was implied in a Wichita Eagle article. Even after that, the Friends of the Art Museum has shown considerable restraint and has not attacked the Wichita Art Museum Board or the Director of the Art Museum in the newspaper. A critical point has been reached and the controversy must be ended. "If there is another episode in that vein that the Friends have not been good stewards without concrete evidence that there has been some mistrust placed, then I am going to, in the next couple of weeks, bring a couple of proposals to the City Council that will include the original Memorandum of Understanding or the expansion of the Wichita Art Museum Board." Mayor Broadfoot Mayor Broadfoot said there has been no good-faith effort to find a common ground on this issue and that said she was in favor of looking at enlargement of the Board and that perhaps the Council should not wait two weeks. Council Member Rogers Council Member Rogers expressed agreement with looking at enlargement or restructuring the Board. Council Member Cather Council Member Cather suggested the matter be placed on the Agenda next week. Council Member Kamen left the Bench. Mayor Broadfoot Mayor Broadfoot said the next step would be to see whether or not a response is received from the Art Museum Board and if a Council Member wants this matter on the Agenda next week, it can be placed on the agenda then. (Council Member Kamen present) ADDENDUM ITEM 1A DRINKING ESTABLISHMENTS AMENDMENTS TO ORDINANCES REGULATING DRINKING ESTABLISHMENTS. (Requested by Council Member Ferris) Council Member Ferris Council Member Ferris explained that there are problems with noise coming from various drinking establishments and that he would like to work with Staff on the noise ordinance to make it applicable to drinking establishments. Noise is measurable and the problem is solvable. Consensus of the Council was that Council Member Ferris be allowed to work with Staff on this matter and any recommendations be returned to the Council for consideration. PROCLAMATIONS PROCLAMATIONS. Motion -- carried Broadfoot moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Broadfoot moved that the Consent Agenda, including Addendum Item, except Item 13, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JANUARY 30, 1995. At 10:00 a.m., Friday, January 27, 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 January 30, 1995) PARK DEPARTMENT: CONCRETE PATHS AT VARIOUS PARK LOCATIONS AS PER SPECIFICATIONS Burney Construction Company - $69,860.00 HEALTH DEPARTMENT: PERSONAL COMPUTERS AS PER SPECIFICATIONS Enegren Computer Services, Inc. - $24,525.00 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. Renewal 1995 (Consumption on Premises) Zhu Zhi Ming Imperial Palace1852 N. Broadway Stuart W. Gribble Wichita Sportservice, Inc. 338 S. Sycamore Carol Bruff Residence Inn by Marriott 411 S. Webb Jerry M. Macon Sim Park Golf Course 2020 W. Murdock (Consumption off Premises) Ralph McGuire Dillon Store #215500 E. Harry Roger C. Witham Metro Beverage Company3233 N. Rock Road 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. 1995 Arterial Sidewalk and Wheelchair Ramp Construction (Phase I) at various locations. (472-82555//) Does not affect existing traffic. (Council approval date 01-31-95) b. Constructing Lateral 10, Main 6, Southwest Interceptor Sewer, to serve Lot 1 Willo-Esque Center Addition (north of Maple, east of Ridge). (468-82448/n/a/) Does not affect existing traffic. (Council approval date 01-24-95) (District V) c. Improving Timbercreek Circle from the east line of Meridian to and including the cul-de-sac; and Timbercreek Courts from the north line of Timbercreek Circle to and including the cul-de-sac serving Lots 17 through 26, Block 1, and from the north line of Timbercreek Circle to and including the cul-de-sac serving Lots 30 through 40, Block 1, Harbor Isle Addition (east of Meridian, south of 53rd Street North). (472-72489/762658/490368) Does not affect existing traffic. (Council approval date 07-26-94) (District V) d. Constructing a water distribution system to serve Harbor Isle Addition (east of Meridian, south of 53rd Street North). (448-88851/732370/470315) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 07-26-94) (District VI) e. Constructing a water distribution system to serve Harbor Isle Addition (east of Meridian, south of 53rd Street North). (448-88852/732388/470316) Does not affect existing traffic. (Council approval date 07/26/94) (District VI) 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., February 17, 1995. Motion carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST (CHESNEY). a. Constructing Lateral 12, Main 1, Cowskin Interceptor Sewer, serving part of Miles Hidden Lakes Third Addition - $31,688. (468-82222/741298/480221) b. Constructing Lateral 13, Main 1, Cowskin Interceptor Sewer, to serve Fieldcrest Addition - $29,619. (468-82237/741306/480222) c. Constructing Lateral 17, Main 1, Cowskin Interceptor Sewer, to serve Fieldcrest Addition - $571,710. (468-82255/741314480223) d. Constructing Lateral 80, Sanitary Sewer #23, to serve The Moorings Seventh Addition - $141,611. (468- 82273/741561/480248) e. Constructing Lateral 12, Main 17, Southwest Interceptor Sewer, to serve Lakeside Park Addition - $69,348. (468-82323/741645/480256) f. Constructing Lateral 32, Main 15, Southwest Interceptor Sewer, to serve part of Lake Ridge Second Addition - $154,221. (468-82334/741736/480265) g. Constructing Lateral 14, Main 14, Sanitary Sewer #22, to serve Block 2, Alcorn Addition - $16,464. (468-82381/741884/480280) h. Constructing Lateral 333, Southwest Interceptor Sewer, to serve Aberdeen First Addition - $190,277. (468-82382/741900/480282) i. Constructing Lateral 2, Cowskin Interceptor Sewer, to serve Auburn Hills Addition - $160,493. (468-82389/741918/480283) j. Constructing Lateral 121, War Industries Sewer, to serve Turtle Run Second Addition - $49,837. (468- 82330/741926/480284) k. Constructing Lateral 261, Southwest Interceptor Sewer, to serve Huntington Place Third Addition - $46,324. (468-81715/741934/480285) l. Construction Lateral 154, Sanitary Sewer #22 to serve an unplatted tract east of West Street and south of Second Street - $10,629. (468-82395/741942/480286) m. Constructing Lateral 50, Main 3, Southwest Interceptor Sewer, to serve part of Hillman Addition - $7,992. (468-82387/741967/480288) n. Constructing Lateral 327, Southwest Interceptor Sewer, to serve Wilderness at the Park Addition - $62,566. (468-82352/741975/480289) o. Constructing Lateral 26, Main 24, War Industries Sewer, to serve Kansas Surgery and Recovery Center - $39,537. (468-82390/741991/480291) p. Constructing Lateral 338, Southwest Interceptor Sewer, to serve Stoneborough Addition - $85,758. (468-82403/742015/480293) q. Constructing Lateral 50, Main 7, Sanitary Sewer #23, to serve Cottonwood Square Addition now platted as Northrock Crossing Addition - $11,633. (468- 82404/742049/480296) r. Constructing Lateral 79, Westlink Sewer to serve Village Charter Addition - $31,130. (468- 81400/742064/480298) s. Constructing Lateral 50, Main 9, Sanitary Sewer #23, to serve Leewood Village at Northrock Second Addition - $33,010. (468-82414/742098/480301) t. Constructing Storm Water Drain #100 to serve Sterling Farms Second Addition - $486,236. (468- 82322/750455/485081) u. Constructing Storm Water Sewer #418 to serve The Moorings Addition - $25,688. (468- 82134/750463/485082) v. Constructing Storm Water Drain #71 to serve The Dugan Centre - $206,706. (468-81590/750471/485083) w. Constructing Storm Water Sewer #448 to serve part of Douglas Heights Addition - $53,650. (468- 82377/750505/485086) x. Constructing Storm Water Sewer #449 to serve Forest Lakes Addition - $59,686. (468- 82379/750513/485087) y. Constructing Storm Water Sewer #422 to serve Sunridge Second Addition - $105,807. (468- 82159/750521/485088) z. Constructing Storm Water Drain #105 to serve Aberdeen First Addition - $76,894. (468- 82384/750539/485089) aa. Constructing Storm Water Sewer #452 to serve part of Kansas Surgery and Recovery Center Addition - $111,208. (468-82393/750547/485090) bb. Constructing Storm Water Drain #103 to serve Wilderness at the Park Addition - $39,541. (468- 82354/750562/485092) cc. Constructing Storm Water Sewer #454 to serve Lot 1, Merton Avenue Crew Addition - $18,448. (468- 82410/750596/485095) dd. Constructing a decel lane and major entrance on the west side of Maize Road to serve Lots 2 and 3, Timber Grove Lakes - $3,594.68. (472-81387/762922/490395) Motion -- Broadfoot moved that the Statements of Cost be received and filed and the City Clerk be instructed to prepare the proposed assessment rolls. Motion carried -- carried 7 to 0. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Zoning Appeals, 12/28/94, 11/22/94, 10/25/94, 8/23/94 CPO Northeast Council 1, 1/23/95 CPO East Council 2, 1/23/95 CPO Southeast 3, 1/26/95 CPO Southwest Council 4, 1/26/95 CPO Northwest Council 5, 1/25/95 Wichita Police & Fire Retirement System, 1/25/95 Wichita/Sedgwick County Emergency Communications Advisory Board, 1/19/95 Wichita/Sedgwick County Metropolitan Area Planning Commission, 12/29/94 Motion -- carried Broadfoot moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USE REQUESTS. Agenda Report No. 95-095. The City of Wichita and the Union Pacific Railroad signed agreements in January 1993 and November 1994 to provide for railroad crossing improvements on Broadway at 15th Street and on 17th Street, east of Topeka. The railroad has notified the City that its proposed scheduling for the installation of improved crossing material is as follows: Broadway at 15th Street Close Monday, February 13, 1995 at 8:15 AM and reopen on or before Friday, February 17, 1995, at 4:00 PM. 17th Street, east of Topeka Close Monday, February 27, 1995. at 8:15 AM and re open on or before Friday, March 3, 1995 at 4:00 PM* *NOTE: These dates are dependent upon acceptable weather conditions. Union Pacific has requested the complete closure of the two crossings to enable it to replace the entire track structure through the crossing area as a complete unit. Prior to the installation of the crossing surface materials, the trackage elevation and alignment will be adjusted to help provide a smooth ride for train cars as well as for motorists crossing the tracks. During the closures, traffic will be detoured using adjacent arterial streets. The City has paid the railroad the previously agreed to amounts of $27,900 and $53,739 toward the purchase of improved crossing materials. Motion -- carried Broadfoot moved that the street closures be approved. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF PROPERTIES. a. 815 Kiowa Street (Science Center Project) (District VI) Agenda Report No. 95-096. The Science Center Project, approved by the Council on January 25, 1994, requires the acquisition of 214,230 sq. ft. of property. One of the needed parcels totals 1,650 sq. ft. and is located at 815 Kiowa Street. Property is improved with a single family residence and is owned by Donald Fairbanks. The City has been acquiring various parcels of land in the West Bank area since the 1970's for the proposed Inner Loop highway, McLean realignment projects, the West Bank project and now the Science Center project. The current West Bank project area north of 2nd Street consists of parcels purchased from a salvage operation (originally the old Midland Valley Railroad yard), the old Pepsi facility, and the Union Pacific Railroad. The current West Bank area south of 2nd (now the West Bank Stage area) consists of the City's old central maintenance facility and the old Midland Valley right-of-way purchased from the Union Pacific Railroad. The past West Bank expenditures include the following: Prior Expenditures Purchase of Pepsi $1,267,266 135,800 sq.ft. Other Costs for Relocation of Pepsi $ 526,804 Salvage Operation $ 127,500 179,937 sq.ft. Engineering & Consulting Fees, West Bank $ 177,412 Estimated Cost of City Maintenance Yard $1,172,024 359,550 sq.ft. Midland Valley Trackage in West Bank $ 316,521 205,533 sq.ft. TOTAL $3,587,527 880,820 sq.ft. Recent Expenditures Purchase 740 W. 2nd $ 350,380 49,488 sq.ft. Demolish 724 W. 2nd 13,929 TOTAL $3,951,836 930,308 sq.ft. 21.36 acres The property is developed with a 466 sq. ft. single-family residence and appraised at $11,000 and the owner has agreed to sell for that amount. The property is in poor condition and will be demolished upon acquisition. General Obligation Bond funds have been budgeted in the 1994-2203 Capital Improvement Program for the Ice Rink Project. A budget for this acquisition in the amount of $17,000 includes: $11,000 for acquisition; $2,000 for appraisals, closing costs, title insurance, and any interim maintenance costs.; and $4,000 for demolition. Motion -- Broadfoot moved that the budget and the Real Estate Purchase Contract be approved; and the Mayor be authorized to sign the necessary documents. Motion -- carried carried 7 to 0. b. 5300 S. Meridian (South Lake Complex) (District IV) Agenda Report No. 95-097. The South Lake Park Sports Complex is a mixed-use complex being jointly developed by the City of Wichita, the City of Haysville, and Sedgwick County. David Vernia owns the property at 5300 S. Meridian which is bordered on three sides by the complex. His property consists of a 31,510 square foot rectangular tract improved with an 848 square foot, two bedroom house. The property is legally described as beginning 390 feet South of the Northwest corner of the Southwest quarter of Section 19-28-1E, then East 230 feet, South 127 feet, West 230 feet and North 127 feet to the point of beginning. His property is in very near proximity to the softball fields that are being developed. While not part of the complex, Mr. Vernia's property will be severely impacted by the complex due to light, noise and traffic once the project is completed. Mr. Vernia has approached the City requesting that his property be acquired. Permission to negotiate with Mr. Vernia was approved by the Council on December 6, 1994. During initial negotiations, it was discovered that Mr. Vernia owned a second tract and that his site was 4,110 square feet larger than originally thought. Mr. Vernia has accepted a negotiated purchase price of $42,500. A budget of $48,500 is requested. This includes $42,500 for the acquisition, $4,000 for demolition, and $2,000 for closing costs, title insurance, survey, and maintenance costs not offset by rent. Motion -- Broadfoot moved that the budget and the Real Estate Purchase Contract be approved; and the Mayor be authorized to sign the necessary documents. Motion -- carried carried 7 to 0. c. 3329 East 31st Street South - Tract #6 (31st Street South Project) Agenda Report No. 95-098. The right-of-way acquisition for the 31st Street South Widening Project, approved by Council on June 14, 1994, will require the acquisition of 11 easements or partial takings. Involved tracts include 5 residential properties and 6 commercial properties. One of the properties identified for partial taking, Tract #6, is located at 3329 East 31st Street South (see attached legal description and survey) and is owned by Truett and Osborn Cycle, incorporated. An appraisal has been prepared and reviewed which values the property at $770. The owner has agreed to sell it to the City for $1,500. Funds have been budgeted in the 1994 Capital Improvement Program in the amount of $125,000. A budget of $1,800 in funds includes: $1,500 for acquisition, and $300 for closing costs, title insurance, survey, operating and maintenance expenses. Motion -- Broadfoot moved that the budget and the Real Estate Purchase Contract be approved; and the Mayor be authorized to sign the necessary documents. Motion -- carried carried 7 to 0. ODOR CONTROL FACILITY USE OF BRIDGEPORT PROPERTY BY THE WATER DEPARTMENT FOR AN ODOR CONTROL FACILITY. Agenda Report No. 95-099. The City of Wichita Water Department is placing odor control injection facilities throughout the City in order to reduce the odor emitted from the City's Sewage Treatment facility in southeast Wichita. The Water Department is requesting the use of a vacant portion of the City-owned Bridgeport III, lot 1, Block 3, to construct such a facility. The property is directly north of the east/west 30 inch sanitary sewer main located within the 33rd Street North right- of-way. The sewer line serves residential and industrial customers in north and west Wichita. The construction of this facility will reduce the odors at the sewage treatment plant in southeast Wichita. The Water Department will enter into a Letter of Understanding with the City Manager's Office under the following conditions: - Pay a one time usage fee for the use of the property at an agreed upon price of approximately $18,700 for the land. The City, in accordance with the Urban Renewal R-21 close-out agreement, will place the proceeds, after expenses, for the use of the property into the City's CDBG Program. - Pay the total special assessments due on the property for street, water, storm sewer and sanitary sewer at a cost of $31,387.44. - Pay all costs for materials, labor, construction and future maintenance of the proposed odor control facility and installation of the injection system. - Pay all future special assessments that may be assessed against the property because of future infrastructure improvements or code requirements that need to be met by the Water Department or adjacent property owners. - Site shall accommodate sufficient space for the construction and operation of the chemical injection system. - The Project shall conform to all local building codes, specifications or restrictions. - Due to the high visibility of the site a landscape plan of the site and access road will be approved by the City Manager's Aesthetic Review Team (CART). - Install and maintain a fence and gate across 33rd Street at Ohio, at their expense and remove the gate and fence at such time development to the east and south occurs. - Plant grass, shrubs and trees in accordance with the approved landscaping plan and maintain such landscaping. - Install and maintain, at Water Dept. expense, a 2" water line to serve the facility and will not assess adjacent properties for this improvement. - The City will indemnify and hold harmless the Wichita Water and Sewer Department from any existing pollution, water contamination, or hazardous conditions prior to their use. Water Department will pay $18,683 for the land and $31,388 on the existing special assessments. Motion -- Broadfoot moved that the use of a portion of Bridgeport III for construction of an odor control facility be approved; and the Mayor be authorized to sign the -- carried necessary documents. Motion carried 7 to 0. EAP CONTRACT EMPLOYEE ASSISTANCE PROGRAM (EAP) CONTRACT - 1995. Agenda Report No. 95-100. Since 1984, the City has provided an Employee Assistance Program (EAP) through which employees and family members receive confidential assessment and referral services for personal problems that are affecting or could affect work performance. Covered problems include financial, legal, substance abuse, emotional and marital issues. On August 22, 1989, the City Council approved a four-month contract with Employee Assistance Consultants (EMPAC) to provide the City's EAP services. Through the RFP process, EMPAC was selected by the RFP Committee to provide EAP services for City employees and family members. The contract was renewed for 1990 and 1991. EMPAC has satisfactorily provided the EAP since September 1, 1989. The goal of an EAP is to resolve employees' problems and restore work performance. It is an important aspect of the City's drug testing program. The Drug-free Workplace Act, covering Federal contractors, as well as the Omnibus Drug testing program, both mandate use of EAPs. Therefore, maintaining an EAP is important in the modern workplace. EMPAC is a non-profit, employer-controlled consortium founded in 1977 by Beech Aircraft, Pizza Hut and Learjet. It now serves 33,203 employees working for 52 employers. EMPAC's only business is providing EAP's. It is not affiliated with any direct care provider so it is free to make referrals as needed to meet clients' needs. Under the contract, EAP services will be provided by EMPAC for $8.00 per employee per year, based on 2,600 employees. The 1995 total cost will be $20,800. Funds are provided in the 1995 budget for this expense. Motion -- Broadfoot moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. LIQUOR TAX CONTRACTS 1995 SPECIAL LIQUOR TAX FUND CONTRACTS. Agenda Report No. 95-101. On August 9, 1994, the City Council approved special liquor tax funds for the following programs: * Sedgwick County Department of Mental Health Addiction Treatment Services (ATS) * Sedgwick County Department of Mental Health Women's Alcoholism Treatment Services (WATS) * DCCCA Women's Recovery Center of Central Kansas(WRCCK) The contract with Sedgwick County Department of Mental Health Addiction Treatment Services provides funds for an outpatient treatment program for the substance abuser and affected family members. It is estimated that through the City contract, 252 new primary clients and 48 new secondary clients will be treated and 204 group counseling sessions conducted. In 1994, all goals and performance objectives were greatly exceeded (City Council District 6) The contract with the Sedgwick County Department of Mental Health Women's Alcoholism Treatment Services provides funds for a substance abuse outpatient program specifically for women and adult children of substance abusers. Funds are also used to address the impact of substance abuse on women's lives by significant others. It is estimated that through the City contract, 384 intake evaluations, 3192 individual sessions for female substance abuse and family members and 768 group sessions for the female abuser and family members will be conducted. In 1994, all goals and performance objectives were met or greatly exceeded. (City Council District 6). The contract with the DCCCA Women's Recovery Center, Central Kansas provides funding for a part-time Family Service Counselor for the residential reintegration program for women with children. In 1995, it is estimated that the program will provide family counseling services to 300 individuals (175 adults and 125 dependent children) and 660 hours of direct counseling service hours. This is the first year of funding for this program, so no comparison of prior years performance is possible. (City Council District 1). All of the three program are active participants in the local Providers Consortium. The Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (ADAAB) recommended approval of the funding allocations. The funding source is special liquor tax funds and the contract amounts are as follows: * Sedgwick County Department of Mental Health Addiction Treatment Services - $73,070. General Services Component - $47,070 African American Component - $26,000. * Sedgwick County Department of Mental Health Women's Alcoholism Treatment Services - $30,570. * DCCCA Women's Recovery Center, Central Kansas - $15,400. The terms of the contracts are for the period January 1, 1995, through December 31, 1995. Motion -- Broadfoot moved that the Contracts be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. MTA BUDGET ADJUSTMENT BUDGET ADJUSTMENT - METROPOLITAN TRANSIT AUTHORITY. Agenda Report No. 95-102. The annual cost of $79,000 for leased bus tires is 50 percent funded by the Federal Transit Administration (FTA), matched by 50 percent in local funds. The FTA has granted WMTA approval to treat the cost as a capital item which in turn requires a 20 percent local match. This lowers the original local share retirement of $39,500 to $15,800. A 1995 budget adjustment shifting $15,800 from operations tire account to an Interfund Transfer account needs to be approved by the Council. The budget adjustment will be a reduction of $23,700 in local funds needed to support the leased tire program and will offset much of the anticipated 1995 deficit. Motion -- carried Broadfoot moved that the budget adjustment be approved. Motion carried 7 to 0. BROWN AND CALDWELL SUPPLEMENT AGREEMENT WITH BROWN AND CALDWELL FOR DESIGN AND CONSTRUCTION SUPP. AGREEMENT MANAGEMENT SERVICES. (BIOSOLIDS TREATMENT AND MANAGEMENT PLAN). Agenda Report No. 95-103. On November 9, 1993, the Biosolids Treatment and Management Plan was presented to the Council by staff and representatives of the City's engineer, Brown & Caldwell. The plan outlined recommendations to achieve compliance with United States Environmental Protection Agency (USEPA) regulations governing the treatment, handling and disposal/recycling of municipal wastewater sludges (40 CFR, Part 503). On December 14, 1993, Council adopted the Biosolids Treatment and Management Plan. In order to fund the mandated improvements recommended in the Sludge Treatment and Management Plan, Council approved appropriate sewer rate adjustments for 1994, 1995 and 1996. Council also approved an amended CIP, as well as, amended operating budgets. Council also approved a Supplemental Agreement with Brown & Caldwell for pre-design and other engineering services (Supplemental Agreement #1). Subsequently Supplemental Agreements #2 and #3 were approved for services related to final design of facilities (#2) and additional preliminary services related to the design of Emergency Sludge Storage Basins (#3). To date, cost of engineering services with Brown & Caldwell on this project has been: $159,460 for the development of the Biosolids Treatment and Management Plan, $609,098 for preliminary design and miscellaneous services, $1,730,000 for final design and land application implementation services, and $9,880 for additional preliminary assistance services related to Emergency Sludge Storage Basins. The proposed supplemental agreement will add an additional $1,839,879 to the engineering contract with Brown & Caldwell. The total amount of the contract and the four supplemental agreements will be will be $4,348,317 on a project with a budget of $28,000,000. This would make engineering services approximately 15.5% of the project budget. This percentage is in keeping with engineering costs of projects of similar complexity. Design of the facilities is over 90% complete. It is anticipated design, bidding and award of contract will be completed and a contractor on site by July 1, 1995. Staff has negotiated a cost of construction management/start-up services with Brown & Caldwell to cover the anticipated construction period of 24 months. Other issues to be addressed in Amendment #4 are; 1) Automation of odor control system at Sewage Treatment Plant #1; 2) Automation of blowers at Sewage Treatment Plant #2; 3) Land Application implementation assistance; 4) Process control system configuration; 5) Laboratory/Office expansion; 6) Design of motor control center replacement. Not included in the proposed amendment with Brown & Caldwell is the addition of a fourth belt filter press at the Solids Handling Facility. Staff proposes to address the fourth belt filter press in a separate agenda item recommending Mid- Kansas Engineering Consultants (MKEC) scope of work be increased under a current contract for improvements at the Solids Handling Facility. The estimated engineering and construction cost for MKEC's portion of the work are included in this report only for the purpose of fully informing Council of the total cost of the recommendations. Construction Management/Start-up Services Construction management services include preconstruction activities, shop drawing review, vendor document review, construction administration, substitution review, test monitoring and acceptance and producing as-built drawings. Start-period services include operations and maintenance manuals, manufacturer O&M manual submittal review, operational staff training and start-up assistance. Engineering Cost - $1,583,203 Construction Cost - $ 0 Automation of Odor Control System (Sewage Treatment Plant #1) A portion of the final design tasks included partial automation of Sewage Treatment Plant #1, in order that operational staffing could be reduced by approximately 40 man- hours per week. Automation of the odor scrubbing system was not included in the original scope of work, however, for the system to operate effectively and economically staff believes it will be necessary to automate the system. The reduction in staffing hours is anticipated to save approximately $38,000/year at the 1995 labor rate. Engineering Cost - $15,596 Construction Cost - $20,000 Automation of Aeration System Blowers (Sewage Treatment Plant #2) Staff technology review indicated that aeration system automation equipment was being successfully installed and operated. Such installations result in significant savings in the form of lower energy costs. It is estimated automation of these systems would result in a minimum savings of 10% on electrical charges for this equipment. A conservative estimate on the dollar value of these savings would be $30,000 annually. Based on engineering/construction cost comparison with anticipated savings it is believed a pay back period of 3.75 years will be realized. For this reason the consultant was asked to develop an engineering and construction cost for this conversion. Engineering Cost - $ 12,616 Construction Cost - $100,000 Land Application Implementation Assistance Because of the social, political, environmental sensitivity, technical issues and length of time required to implement land application of biosolids, staff is requesting the engineer's continued assistance in developing the program. Visits with other cities who have successfully and unsuccessfully started agricultural land application programs indicate it is imperative that adequate resources and effort be expended on program design and start-up. Engineering Cost - $ 30,000 Construction Cost - $ 0 Process Control System Configuration This task will render the existing man/machine interface functional. During the last facilities upgrade equipment monitoring was installed without the ability to control equipment and/or processes remotely. In addition the interface between the data collection systems and the system software, while meeting specifications has not functioned particularly well. With more stringent USEPA and KDH&E regulations and the goal of effective facilities operation with the minimum level of staffing it becomes essential to take advantage of technologies that allow effective operation while minimizing the increase in staffing levels. Engineering Cost - $163,364 Construction Cost - $ 54,000 Laboratory/Office Expansion Because the final design is utilizing the area now officing pretreatment staff members for a new motor control center, it is necessary to provide that office space at another location. There is space available on the Operations & Maintenance Building storage mezzanine. This is also the only area available for the expansion of the laboratory. To effectively utilize the area and to provide the additional laboratory space required to effectively handle the current and anticipated analytical load of the laboratory, it is recommended that this expansion be included in this project to realize the cost benefit of a large project. The storage area square footage will be replicated at a minimal cost after the scheduled shut down of the gravity sludge dewatering facilities. Equipment removal and conversion of the building to storage and maintenance activities will be effected by plant staff rather than the general contractor. Engineering Cost - $ 25,500 Construction Cost - $180,000 Following construction various items necessary to effectively place the facilities in service that are not considered part of the construction and can be purchased at a lesser cost through City purchasing channels, e.g. drying oven, balances, spectrophotometer, dishwasher, refrigerators, chairs (lab & office) work carts, glassware carts, incubator, acid storage cabinet and various small miscellaneous items. Estimated equipment cost - $27,000 Motor Control Center Design There is an existing motor control center (MCC) on the Plant #2 site that is approximately 35 years old. Repair parts are becoming difficult or impossible to acquire due to the manufacturer no longer supporting the product. This MCC is an integral part of the treatment process supplying power to secondary main pumps and intermediate clarifiers and must be replaced. Engineering Cost - $ 9,600 Construction Cost - $160,000 Additional Belt Filter Press/Conveying system replacement Based on engineering estimates of the amount of sludge to be produced following the process changes recommended in the Biosolids Treatment and Management Plan a fourth belt filter press will be required for peak loading and to facilitate equipment maintenance. It will also be necessary to replace a small conveying system that is beyond its useful life. It is recommended the fourth press be installed in lieu of extended work hours. Extending the work hours to include a second shift would require annual staffing costs of $76,500 based on 1995 labor rates. Preliminary engineering estimates for construction are $433,000, including a $100,000 contingency. This work will be pursued through MKEC and the current on-site contractor. Staff and the engineer believe significant savings can be realized via an equipment change order with the vendor and not having a new engineer becoming involved in the project. However, staff has included the information to appraise Council of the total financial impact of engineering and construction activities relating to CIP S-500. Engineering Cost $ 20,000 Construction Cost $433,000 TOTAL IMPACT ON CONSTRUCTION COSTS - $947,000 Staff believes, based on the remaining percentage of contingency reported by the engineer, current funding will be adequate to include the recommended engineering and construction of facilities. The approved, amended CIP and approved rate increases should be adequate to fund the recommended changes. The services and construction related activities will be paid for from Sewer Utility cash reserves and/or a future revenue bond issue. These expenditures are a part of CIP project S-500 which has a 1995 authorization of $8,320,000. USEPA regulations, 40 CFR Part 503 require municipalities to implement an approved method of biosolids treatment, reuse/disposal and to comply with the National Pollutant Discharge Elimination System (NPDES) permit. Failure to comply would result in civil and/or criminal penalties. Motion -- Broadfoot moved that the Supplemental Agreement with Brown & Caldwell be approved and the Mayor be authorized to sign; and the project additions be authorized as -- carried recommended. Motion carried 7 to 0. ITEM NO. 13 GYPSUM CREEK DRAINAGE GYPSUM CREEK DRAINAGE BASIN IMPROVEMENTS. (District II) Agenda Report No. 95-104. In the late 1980s, Black & Veatch was hired by the City to prepare a Comprehensive Stormwater Drainage Plan based on flooding of private structures, flooding of public streets, traffic impact, erosion and threat to other infrastructure. Gypsum Creek Drainage Basin was ranked Priority I and is included in the 1995 Capital Improvement Program, (CIP #D-9206). HNTB Corporation was selected by the Staff Screening and Selection Committee on October 20, 1994 to perform a design concept study to determine needed improvements. HNTB will study the Basin to determine alternative concepts to reduce flooding, improve the water carrying capacity of Gypsum Creek and allow for easier maintenance of the channel. Payment to HNTB will be on a cost plus percentage of cost basis with total payments not to exceed $117,860. An additional $7,140 is requested for design review. The total $125,000 is included in the CIP and will be paid from Storm Water Utility funds. Council Member Kamen Council Member Kamen said he was unaware of any problems in this area and did not want to spend unnecessary moneys. Council Member Cather Council Member Cather said he understood there is a high- priority problem for flooding in Wichita. Council Member Cather said he is opposed to paving creeks because it speeds the crest of the flood as it sweeps down the creek causing more damage to creek banks. Council Member Cather said that, as alternatives are looked at, he would like to see the designer consult with the Greenways Commission throughout the plan development period. Council Member Ferris Council Member Ferris expressed concern regarding the increasing amount of fees going to design consultants which is partially caused due to requirements that the design engineer consult with so many groups. There is no objection to having them consult once with the Greenways Commission but there is an objection to consulting with the Greenways Commission throughout the project. Council Member Cather Council Member Cather said it was fine if there was only one consultation. Chris Cherches City Manager reminded the Council that formal action was previously taken to send projects of this nature to the Greenways Commission. Following Council direction, that requirement is in the specifications and RFP as part of the requirements of the job. On this particular contract, that is in the contract. Motion -- carried Reeser moved that this Item be deferred one week. Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First Reading 1/31/95) ADDENDUM ITEM 14c ORDINANCE NO. 42-611 IRB - Tru-Circle An Ordinance of the City of Wichita, Kansas authorizing execution of a first amended Indenture by and between the City and Bankers Trust Company, Des Moines, Iowa, as Trustee, and authorizing the execution of a First Amended Lease by and between the City and Tru-Circle Corporation, a Kansas Corporation, 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. Retirement Plans ORDINANCE NO. 42-612 An Ordinance amending Sections 2.28.085,2.28.120, 2.28.220 and 2.28.310 of the Code of the City of Wichita, Kansas, pertaining to benefits, reemployment and eligibility for retirement under the City of Wichita Retirement Plans and repealing the originals of said sections, 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. Eminent Domain ORDINANCE NO. 42-613 An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of constructing and maintaining a public ice arena and to be known as the Ice Rink Project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for the acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 5, 6, 7, and 8 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Reeser moved that Planning Agenda Items 5, 6, 7, and 8 be approved as consensus -- carried Items. Motion carried 7 to 0. V-1882 V-1882 - REQUEST TO VACATE A PORTION OF A BUILDING SETBACK IN AN AREA WEST OF (Item No. 1) TYLER AND SOUTH OF MAPLE. (District V) Agenda Report No. 95-105. Staff Recommendation: Approve vacation of building setback. MAPC Recommendation: Approve vacation of building setback. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Dedication Dedication of Abutter's Access Rights from Herbert A. Jr. and Marjean A. Sparks. Easement Easement for N 2' of S 10' of Lot 1, Block U, Callahan Addition, from Herbert A. Jr. and Marjean A. Sparks. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Cole moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, the dedications and easement be received and filed, and a certified copy of the Order and the documents be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-1895 V-1895 - REQUEST TO VACATE A UTILITY EASEMENT LOCATED WEST OF MERIDIAN AND SOUTH (Item No. 2) OF 29TH STREET NORTH. (District V) Agenda Report No. 95-106. Staff Recommendation: Approve vacation of utility easement. MAPC Recommendation: Approve vacation of utility easement. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Cole moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-1897 V-1897 - REQUEST TO VACATE A PORTION OF A FLOODWAY AND SIDEWALK EASEMENT LOCATED (Item No. 3) NORTH OF MAPLE AND WEST OF 119TH STREET WEST. (District V) Agenda Report No. 95-107. Staff Recommendation: Approve vacation of floodway and sidewalk easement. MAPC Recommendation: Approve vacation of floodway and sidewalk easement. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Cole moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-1899 V-1899- REQUEST TO VACATE A BUILDING SETBACK LOCATED SOUTH OF DOUGLAS AND WEST OF ROCK ROAD. (District II) Agenda Report No. 95-108. Staff Recommendation: Approve vacation of building setback. MAPC Recommendation: Approve vacation of building setback. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Cole moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. S/D 94-45 S/D 94-45 - PLAT OF THE LARK ADDITION LOCATED SOUTH OF KELLOGG AND EAST OF 119TH STREET WEST. (District V) Agenda Report No. 95-109. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Petitions, all 100%, have been submitted for sanitary sewer, municipal water, drainage, storm sewer, paving, and traffic improvements. A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of Reserves the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, a covenant has been submitted requiring that four (4) off-street spaces be provided for each such lot. In order to serve this site, an off-site utility easement has been provided. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Certificate of Petitions, Restrictive Covenants, and Easement from Kelsey Investments. Water 100 Percent Petition for Water Distribution System Number 448- 88886 to serve Lark Addition (south of Kellogg, east of 119th Street West) (Phase I) ($187,376 S.A.; $3,824 Water Utility W- 65) (Hold for development) Water 100 Percent Petition for Water Distribution System Number 448- 88887 to serve Lark Addition (south of Kellogg, east of 119th Street West) (Phase II) $113,256 S.A.; $15,444 Water Utility W-65) (Hold for development) Sewer 100 Percent Petition for Lateral 342, Southwest Interceptor Sewer, Project Number 468-82441, to serve Lark Addition (south of Kellogg, east of 119th Street West) ($330,000 S.A.) (Hold for development) Sewer 100 Percent Petition for Storm Water Drain Number 113, Project Number 468-82442, to serve Lark Addition (south of Kellogg, east of 119th Street West) ($166,200 S.A.) (Hold for development) Sewer 100 Percent Petition for improving of left turn lane on 119th Street West to access Dora, Project No. 472-82547 (south of Kellogg, east of 119th Street West) ($17,500 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Carr Avenue, Court, and Circle to serve Lark Addition (south of Kellogg, east of 119th Street West) (Phase I) (472-82548) ($244,000 S.A.) (Hold for development) Paving 100 Percent Petition for improving of Dora and Court and Milstead to serve Lark Addition (south of Kellogg, east of 119th Street West) (Phase II) (472-82549) ($311700 S.A.) (Hold for development) Motion -- Reeser 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-95-057 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88886 to serve Lark Addition (south of Kellogg, east of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-058 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88887 to serve Lark Addition (south of Kellogg, east of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-059 Resolution of findings of advisability and Resolution authorizing construction of Lateral 342, Southwest Interceptor Sewer, Project Number 468-82441, to serve Lark Addition (south of Kellogg, east of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-060 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain Number 113, Project Number 468-82442, to serve Lark Addition (south of Kellogg, east of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-061 Resolution of findings of advisability and Resolution authorizing improving of left turn lane on 119th Street West to access Dora, Project No. 472-82547 (south of Kellogg, east of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-062 Resolution of findings of advisability and Resolution authorizing improving of Carr Avenue from the east line of 119th Street West to the northwest corner of Lot 22, Block A, Lark Addition; Carr Courts from the south line of Carr Avenue to and including the cul-de-sac to serve Lots 1 through 12, Block B and from the south line of Carr Avenue to and including the cul-de- sac to serve Lots 13 through 24, Block B; and Carr Circle from the north line of Carr Avenue to and including the cul-de-sac to serve Lots 10 through 22, Block A, Lark Addition, Project No. 472-82548 (south of Kellogg, east of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-063 Resolution of findings of advisability and Resolution authorizing improving of Dora from the east line of 119th Street West to the east line of Lot 45, Block A, Lark Addition; Dora Courts from the south line of Dora to and including the cul-de- sac to serve Lots 1 through 9, Block C and from the north line of Dora to and including the cul-de-sac to serve Lots 29 through 45, Block A, Lark Addition; and Milstead from the northwest corner of Lot 22, Block A, Lark Addition to the northline of Dora, Project No. 472-82549 (south of Kellogg, east of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. S/D 94-86 S/D 94-86 - PLAT OF BOB AND DAVE'S FIRST ADDITION LOCATED NORTH OF PAWNEE AND WEST OF SENECA. (District IV) Agenda Report No. 95-110. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. This site is located in a developed area of the City and needed facilities are already available. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Motion -- Broadfoot moved that the plat be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. Z-3154 Z-3154 - ZONE CHANGE REQUEST FROM "AA" ONE-FAMILY DWELLING DISTRICT TO "LC" LIGHT COMMERCIAL DISTRICT LOCATED 1/8 MILE SOUTH OF 37TH STREET NORTH ON THE EAST SIDE OF WOODLAWN. (District II) Agenda Report No. 95-111. Staff Recommendation: Deny "LC" and Approve "OC" and "R-6" MAPC Recommendation: Deny "LC" and Approve "OC" and "R-6" CPO Recommendation: CPO Council "2" voted 7-0-1 to deny "LC", and approve "OC" & "R-6". On January 12, 1995, the MAPC considered a zone change from the "AA" One Family Dwelling District to the "LC" Light Commercial District for a 2.77 acre unplatted site located mile south of 37th Street North on the east side of Woodlawn. The applicant proposes to operate a photography studio in the single family home which is currently on the site. The proposed use is first permitted by right in the "OC" Office Commercial District. The subject property is surrounded by single family homes to the west and Chisholm Creek and single family homes to the east. According to the FEMA maps, approximately the east third of the site is located within the floodplain for the Chisholm Creek. The areas north and south of the subject property are undeveloped at this time, however, community unit plans have been approved for these areas which permit a mixture of single family, duplex, multiple family, and commercial uses. The Brush Creek Community Unit Plan (DP-128) is located between the subject property and 37th Street North. The 71-acre Brush Creek C.U.P. permits a mixture of single family, duplex, and multiple family residential uses, as well as 15.74 acres zoned and permitted for "LC" uses at the southeast corner of the Woodlawn / 37th Street North intersection. The area directly north of the application area (10.21 gross areas including 3.2 acres of floodway) is zoned "R-6" and permitted to be developed with as many as 175 garden apartments. In 1986, a 20-acre site located south of the subject property extending to the south side of the K-96 Expressway was approved for commercial uses under the Killarney West Community Unit Plan (DP- 156). Approximately 5 acres of this C.U.P. was platted as the Valentine Addition (directly south of the application area), which is undeveloped at this time. The remaining portions of this C.U.P., 15 acres located at the northeast and southeast corners of the Woodlawn / K-96 Expressway interchange were closed due to failure to plat. Including the 11.7-acre Whispering Brook Commercial C.U.P. at the southwest corner of Woodlawn and 37th Street North and another 1.7 acre "LC" parcel at the northeast corner of the intersection, as well as the expected nonresidential zoning at the Woodlawn / K-96 interchange, there are nearly 50 acres of land in this area for commercial uses, all of which are undeveloped at this time. At the MAPC hearing, there were no members of the public to speak in opposition to the request. However, Planning staff has concern about granting additional "LC" zoning in this area that already has an abundance of undeveloped "LC" zoning. Also, the subject property would not be part of either planned Commercial CUP's to the north or south and would not be subject to the development restrictions of these commercial centers to ensure compatibility of surrounding properties. Since the "OC" District would permit the proposed use and it is unlikely that the rear portion of this site would be used for nonresidential uses due to the length of the lot, staff initially recommended that the west 200 feet be rezoned "OC" and the remaining portion of the site be rezoned "R-6" General Residence District so that it could be developed in conjunction with the future multiple family development to the north. At the MAPC hearing, staff and the applicant agreed to approving "OC" for the western 300 feet to accommodate all the buildings on the site, with the remaining portion to be rezoned "R-6". 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-3156 Z-3156 - ZONE CHANGE FROM "AA" ONE-FAMILY DWELLING DISTRICT TO "E" LIGHT INDUSTRIAL DISTRICT LOCATED 1/8 MILE SOUTH OF 47TH STREET SOUTH ON THE WEST SIDE OF VICTORIA. Agenda Report No. 95-112. Staff Recommendation: Approve, with no platting required. MAPC Recommendation: Approve, subject to replatting into one lot within one year if staff determines that platting is necessary to obtain a building permit. CPO Recommendation: CPO Council Southwest "4" voted 6-0 to recommend approval subject to staff comments. On January 12, 1995, the MAPC considered a zone change from the "AA" One Family Dwelling District to the "E" Light Industrial District for a 0.25 acre unplatted strip of land located between two platted lots located mile south of 47th Street South on the west side of Victoria. The applicant proposes to use the subject property (approximately 35 feet in width by 305 feet in length) in conjunction with a parking lot for a freight business currently under construction to the north. The applicant owns property zoned "E" on both the north and south sides of the subject property. The surrounding area is characterized by warehouse businesses, except for the Funston Elementary School which is located northeast of the site along 47th Street South. At the MAPC hearing, there were no members of the public to speak in opposition to the request. However, the applicant requested that the typical platting requirement be waived since the site would only be used for parking purposes. Therefore, the MAPC motion to approve stated that platting should only be required if staff determines that it is necessary in order to obtain a building permit. Since the MAPC hearing, Central Inspection staff agreed that platting would not be required if the site is only used for parking purposes. However, the applicant would be required to dedicate 5 feet of right-of-way along Victoria by separate instrument for street right-of-way purposes. Dedication Dedication from American Freightways Corporation. 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 Ordinance be placed on first reading; and the Dedication be received and filed, and recorded with the Register of Deeds. 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-3156 Z-3153 Z-3153 - ZONE CHANGE REQUEST FROM "BB" OFFICE DISTRICT TO "LC" LIGHT COMMERCIAL (Item No. 9) DISTRICT; AND DP-53 AMENDMENT #1 - DONALD E. SCHMIDT AND MARVIN SCHMIDTBERGER REQUEST AMENDMENT TO PARCEL 3 OF THE QUAIL MEADOWS COMMUNITY UNIT PLAN TO PERMIT ADDITIONAL COMMERCIAL USES LOCATED AT THE NORTHWEST CORNER OF BOSTON AND WEBB ROAD. Agenda Report No. 95-113. Staff Recommendation: Approve, subject to conditions. MAPC Recommendation: Approve, subject to conditions. CPO Recommendation: CPO Council "2"'s vote to deny resulted in a moot vote of 3-3-2. On January 12, 1995, the MAPC considered a zone change from the "BB" Office District to the "LC" Light Commercial District for the east 231.26 feet of Parcel 3 of the Quail Meadows Community Unit Plan (C.U.P), located at the northwest corner of Boston and Webb Road. Also proposed is an amendment to the same portion of the C.U.P. to permit all uses in "LC" Light Commercial, except auto service or repair, service stations, car washes, convenience stores, and drive-in or drive-thru restaurants. Parcel 3 is currently restricted to offices, child day care centers, garden apartments and/or townhouses, condominiums, and community activity centers or clubs associated with the above mentioned. The application area is currently undeveloped. The site is surrounded by a child care center and church offices to the west, multiple family developments to the north and east, and undeveloped property (7.4 acres) to the south which is permitted to develop with retail, professional, personal services, and office uses. A strip commercial center is also located on the east side of Webb Road north of Harry. Harrison Park is located northeast of the subject property. At the MAPC hearing, there were no members of the public to speak in opposition to the request. However, the initial staff recommendations were modified at the hearing to prohibit adult entertainment, drinking establishments, and liquor stores. Staff and the applicant further agreed to adjust the sign restrictions to allow a maximum of 60 square feet of gross surface signage for the subject property -- rather from being restricted to the "OC" signage requirements which would only allow a 32-square foot sign for a single tenant. The MAPC voted to recommend approval of the request (8-5), subject to conditions. However, several commissioners expressed concern about granting "LC" zoning due to its proximity to a child care center and adjoining multi-family residential properties. Also, although the applicant agreed to architectural restrictions for the site -- which specified general building materials and colors -- the MAPC motion to approve removed the references to specific building materials or colors. The motion also specified that platting would only be required if the site is not a buildable lot. Staff has determined that the property is a buildable site under the current ownership. However, a replat will be necessary since the applicant indicate that the property will change ownership prior to construction. Marvin Krout Director of Planning reviewed the Item. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Greg Filiantro Greg Filiantro, Wichita Federal, said they were under a contract to purchase the property to build an office. Construction is scheduled to begin in 1995. Motion -- Kamen 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-3155/DP-75 Z-3155 - ZONE CHANGE REQUEST FROM "R-5" GENERAL RESIDENCE DISTRICT TO "BB" OFFICE (Item No. 10) DISTRICT AND "LC" LIGHT COMMERCIAL DISTRICT; AND DP-75 - AMENDMENT TO THE HORSESHOE LAKE COMMUNITY UNIT PLAN LOCATED IN AN AREA NORTH OF 21ST STREET NORTH WEST OF THE KANSAS SOUTHWESTERN RAILROAD RIGHT-OF-WAY. (District V) Agenda Report No. 95-114. Staff Recommendation: Approve, subject to conditions. MAPC Recommendation: Approve, subject to conditions. CPO Recommendation: CPO Council "5" voted 8-0 to recommend approval of the requests subject to staff conditions. On January 12, 1995, the MAPC considered an amendment to the Horseshoe Lake Community Unit Plan (formerly known as the Ridge Road Property Community Unit Plan) to permit additional retail uses and an office park in portions of the 61.95 acre development area, platted as the North Lakes Addition. The applicant also proposes zone changes from the existing "R-5" General Residence District to the "BB" Office District and the "LC" Light Commercial District to accommodate the proposed additional uses. The application area is currently undeveloped. The site surrounds a single family home and the Cox Machine Company located on the north side of 21st Street North Drive and east of Lakeway Circle (which is undeveloped at this time). The site also borders a sand extraction operation, which is located between North Shore Boulevard and the Kansas Southwestern Railroad tracks, an undeveloped residential development northwest of 21st Street North and North Shore Boulevard, undeveloped commercial and industrial zoned land to the east, and the Sedgwick County Zoo and Sedgwick County Park on the south side of 21st Street North. The following descriptions outline the proposed changes to the existing C.U.P: Parcel 1 - The area identified as Parcel 1 in the amended C.U.P. is a 20.04 acre site located mile north of 21st Street North on the west side of North Shore Boulevard. This area is currently restricted to apartment units at a maximum density of 12.08 dwelling units per acre (du/acre). The proposed amendment would expand the residential uses permitted this area to include single family, patio home/zero lot line, duplex, 3 & 4 plex, townhouse, or apartments. A maximum of 242 dwelling units at 12.08 du/acre would be permitted. Parcel 2 - The area identified as Parcel 2 in the amended C.U.P. is an 11.23 acre site located 320 feet north of 21st Street North on the east side of North Shore Boulevard. This area is also currently restricted to apartment units at 12.08 du/acre. Under the amended C.U.P., this area would be permitted the same residential uses as Parcel 1, with a maximum of 135 dwelling units at 12.08 du/acre. Parcels 3 & 4 - The area identified as Parcels 3 & 4 in the amended C.U.P. is a 5.18 acre site located at the northeast corner of 21st Street North and North Shore Boulevard. This area (a portion of Area 3 of the existing C.U.P.) is currently restricted to apartment uses with complete access control along 21st Street North. The applicant proposes to permit the same residential uses and residential density as Parcels 1 & 2, as well as several nonresidential uses. Therefore, the applicant proposes a zone change from the existing "R-5" zoning district to "LC" Light Commercial to accommodate the potential nonresidential uses for this site. The proposed amendment to the C.U.P. would permit the following additional nonresidential uses: restaurants, retail shops, medical and dental offices or clinics, pharmacies, banks or financial institutions, studios, fitness centers, dry cleaning, day care centers, offices, or residential uses (including apartments, townhouses, 3 & 4 plex, duplex, patio homes, zero lot line, and related recreational facilities). The applicant and staff have agreed to prohibit convenience stores or service stations as permitted. If Parcels 3 & 4 develop with residential uses, a maximum of 61 dwelling units would be permitted at a maximum density of 12.08 du/acre. If the parcels develop with nonresidential uses, all buildings would be required to share similar architectural character, color, texture, and the same predominate exterior building material. The amended C.U.P. would permit additional access openings along 21st Street North. One right- turn only opening would be permitted to each Parcel 3 & Parcel 4. If the Parcels 3 & 4 develop with nonresidential uses, the applicant proposes to guarantee at the time of replatting an accel/decel lane along the south line of those parcels. Applicant and staff have agreed to eliminate the requested joint access because it would likely result in the need to construct a center left turn lane, thus making it likely that the landscaped median on 21st Street North east of North Shore Boulevard would need to be partially removed to serve turning vehicles for east bound traffic. The County Engineer indicates that a median break to serve the joint access for Parcels 3 & 4 would not be desirable in this location, due to its close proximity to North Shore Boulevard which may be signalized in the future. Also, the Zoo director indicates a desire to maintain and improve the aesthetics of the area. Parcel 5 - For Parcel 5 of the amended C.U.P., the applicant proposes a zone change from the existing "R-5" zoning district to the "BB" Office District to permit the development of an office park. Parcel 5 is approximately 10 net acres (19.54 gross acres) located between the existing lake and Lakeway Circle (a portion of Area 3 of the existing C.U.P.) and is also currently restricted to apartment uses. The proposed amendment to the C.U.P. would permit the same residential uses as Parcels 1-4 (except single family uses), as well as other residential and nonresidential uses which could included office, medical or dental clinic, fitness center, nursing home, retirement community, and related recreational facilities. If Parcel 5 develops with residential uses, it would be permitted a maximum of 120 dwelling units at 12.08 du/acre. If the parcel develops with nonresidential uses, it would be permitted a maximum of 6 buildings and 75,000 square feet of maximum gross floor area. Parcels 6 & 7 - The area identified as Parcels 6 & 7 of the amended C.U.P. includes 5.96 acres located north of 21st Street North and west of the Kansas Southwestern Railroad right-of-way, which is zoned "C" Commercial is currently restricted a tennis facility or a neighborhood commercial shopping center with a number of permitted office and retail uses. The proposed amendment to the C.U.P. would permit the following additional uses: office warehouse, fitness center, medical and dental clinic, residential storage, studios, nursing home, retirement community, and light manufacturing with less than 10 employees. The applicant proposes to increase the number of buildings permitted in Parcels 6 & 7 from 3 to 10 and reduce the maximum gross floor area permitted in this area from 106,809 square feet to 76,809 square feet. The 30,000 square foot reduction would be "transferred" to Parcels 3 & 4, which would permit a maximum of 30,000 square feet of gross floor area for office and retail uses. The amendment would also reduce the required building setback in Parcel 7 along the south parcel line near 21st Street North from 100 feet to 35 feet. Initially staff did not support the request for an office park in Parcel 5 because the Comprehensive Plan recommends that large scale office developments should be directed to the downtown area. However, as part of the overall C.U.P. amendment request, staff and the applicant agreed to remove neighborhood shopping center uses from Parcel 6, and establish the combined maximum gross floor area in Parcels 5, 6 and 7 for office and medical or dental clinic uses at 75,000 square feet. Therefore, resulting in no net increase for office uses in the C.U.P. At the MAPC hearing, no members of the public spoke in opposition to the request. However, one citizen was present to express concerns about flooding problems in the area. Both the MAPC and the CPO recommended approval of the request, subject to the conditions recommended by staff. Marvin Krout Director of Planning reviewed the Item. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. 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, 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. Jack Ritchie Jack Ritchie, applicant, explained that drainage goes across the existing lakes and would be maintained in the lakes. Council Member Kamen left the Bench. -- carried Motion carried 6 to 0. (Kamen absent) (Item No. 11) Council Member Kamen present. URBAN RENEWAL PLAN PUBLIC HEARING: AMENDMENT TO GENERAL URBAN RENEWAL PLAN. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 95-115. Originally adopted on November 27, 1972, the "General Urban Renewal Plan for Wichita Neighborhood Development Program, Urban Renewal Area" has served as the basis for a number of redevelopment projects in the downtown and surrounding area. The plan contains a "General Land Use Plan" map; a description of predominate land use categories; planning criteria or standards; and a description of techniques to be used to achieve plan objectives. In general, plan objectives are "the creation of a physical character and environment meeting desirable planning standards, the provision of needed public services and amenities, and the improvement of social and economic conditions". The entire geographic area covered by the urban renewal plan is indicated on the "General Land Use Plan." As downtown redevelopment efforts progress, it is apparent from time to time that amendments to the original urban renewal plan are necessary if redevelopment is to become successful. As per K.S.A. 17-4747 any amendment to the General Urban Renewal Plan must be submitted to the appropriate planning commission for review and recommendation as to the amendment(s) conformity with the general plan for the development of the community as a whole. The Planning Commission unanimously found these proposed amendments in conformance with the general plan for the development of the municipality as a whole at their January 26, 1995, meeting. Notice of the Public Hearing and Council's consideration of these amendments was published in the "Daily Reporter" on February 1, 1995. The City of Wichita is in the process of assembling and replatting a 11.34 acre area bounded by Sycamore, Maple, McLean, and Kellogg to accommodate the proposed ice rink and potential associated development. Two amendments to the General Urban Renewal Plan are proposed to make the plan consistent with the anticipated uses. The first amendment would add the "Mixed Use" category to the current list of land uses in the plan. This category would accommodate the ice rink which is proposed for the western portion of this area and may remain in public ownership or someday be transferred to private ownership. The eastern portion has been suggested for high density residential use, but could also develop instead, or in addition, for cultural/institutional facilities, commercial/office use, or restaurant, entertainment, and recreational use. The second amendment is proposed for the "General Land Use Plan" map. The area is designated as low density residential, which allows for a density of not less than two families or more than eight families per net acre of residential use. This designation would not accommodate the development of the ice rink nor the full potential for other new development in the area that would be consistent with the existing and proposed cultural, entertainment and recreational activities in the vicinity. Therefore, the amendment proposes that the area be redesignated to reflect the application of the proposed "mixed use" category. The geographic area being considered for the proposed amendment is in the "entertainment/recreational zone." The text and map amendments reflect the recommendations of the RTKL Plan in that they accommodate the proposed ice rink and a variety of related uses. Although residential use was not contemplated for this site in the RTKL Plan, that plan as well as the adopted county wide Comprehensive Plan call for the city to "promote redevelopment for new housing in and around downtown, by assisting in land assembly, infrastructure improvements and amenities." The improvements to Lawrence-Dumont stadium, Boathouse development, and planned improvements to McLean Boulevard and the Riverbanks all make this location more desirable for residential as well as other uses. State law requires that certain findings be made for an amendment to the urban renewal plan as set forth in the proposed resolution. The first finding is that a feasible method exists for the location of families who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families. To the extent that any families will be displaced by any project allowed under this amendment, the following facts are presented. Given the range of appraised property value in this area ($17,000 - $37,000 for single- family, $23,500 - $56,500 for duplex, and $43,000 - $66,600 for multi-family properties) a current review of the MLS found over 400 comparable properties for sale. Given this situation there appears to be an abundance of housing of similar quality available to those who may be relocated. State law also requires the City to undertake redevelopment activities that are in conformance with adopted renewal plans, and requires the Planning Commission to review and make recommendations as to whether these proposed text and map amendments conformto the general plan for the development of the municipality as a whole. As noted above the Planning Commission did find the proposed amendments in conformance with the general plan at their January 26, 1995 meeting. Furthermore, the anticipated developments do afford maximum opportunity for rehabilitation or redevelopment by private enterprise. The ice rink is intended to be operated by private management. Also, the City will seek proposals from the private sector per urban renewal laws for the development of the remaining portion of the area which would not be developed as part of the ice rink. Approval of these proposed amendments does not commit the Council to the expenditure of funds. The recommended action is legally sufficient to accomplish the urban renewal plan amendments in accordance with State law. Council Member Ferris momentarily absent. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Reeser moved that the public hearing be closed; the Resolution amending the Urban Renewal Plan based on the findings in the staff report that a feasible method exists for relocation of individuals and families without undue hardship per K.S.A. 17- 4747, that the amendments conform to the general plan, and that the intended plans provide the maximum opportunity for redevelopment by private -- carried enterprise, be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95-064 A Resolution amending the Urban Renewal Plan based on the findings in the staff report that a feasible method exists for relocation of individuals and families without undue hardship per K.S.A. 17-4747, that the amendments conform to the general plan, and that intended plans provide the maximum opportunity for redevelopment by private enterprises, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. 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, potential litigation, legal advice, and contract negotiations; personnel matters of non-elected personnel; preliminary discussions relating to the acquisition of real property for public purposes; matters relating to employer- employee negotiations; and confidential data relating to financial affairs or trade secrets of a business; and the regular meeting be resumed at 1:30 p.m.. Motion carried 7 to 0. RECESS Council recessed at 12:10 p.m. and reconvened in regular session at 2:00 p.m. Mayor Broadfoot Mayor Broadfoot announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council Meeting adjourned at 2:00 p.m. Pat Burnett Deputy City Clerk JOURNAL 157 FEBRUARY 7, 1995 Page