MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, February 24, 1998 Tuesday, 9:07 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Lambke, Rogers; present. Council Members *Ferris, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by the Very Reverend Paul O'Callaghan St. George Orthodox Christian Cathedral. 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 February 10, 1998, were -- approved approved 5 to 0. (Ferris, Kamen; absent) AWARDS AND PRESENTATIONS RECOGNITION Ambassador Hiem Phommachanh, Lao People's Democratic Republic PRESENTATIONS Public Works Project Award - Kansas Contractor's Association Dr. Lennel I. Wright Conservation Award Public Works Project Awards - American Concrete Institute *Council Member Ferris present. Kevin Easter's Cops for Kids Award Council Member Ferris left the Bench. PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. PUBLIC AGENDA DOUG LEWIS COMMENTS BY DOUG LEWIS. Mr. Lewis was not present. Motion -- carried Knight moved that Item 41 be taken up out of order. Motion carried 5 to 0. (Ferris, Kamen; absent) (Action is shown with the Item in Agenda order.) UNFINISHED BUSINESS Council Member Ferris present. CONDEMNATION REPORT ON 1234 NORTH EMPORIA. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Agenda Report No. 97-842 A. This property was first cited for violations on September 13, 1995. Several notices were issued and on May 5, 1997 a pre-condemnation letter was issued. Formal condemnation was initiated on May 8, 1997. At the August 4,1997 BCSA hearing, the owner did not appear, and the BCSA recommended 10 days to start demolition and an additional 10 days to complete. This case was before the Council on October 7, 1997, and Council adopted a resolution of 60 days for any interested party to purchase the property, and 60 days to repair it. That time has elapsed and the ownership has not changed. Historic Midtown Citizens Association (HMCA) has since made an agreement with Federal National Mortgage Association to purchase the property from them, then complete the foreclosure on the property. HMCA is in the process of obtaining the property, and have recently boarded it up. Additional time to complete the acquisition and make the necessary repairs to the exterior has been requested. Staff inspected the property on February 5, 1998. The structure was secure and most of the junk and debris had been removed from the premises. The taxes are current. The owner and involved parties have been notified of the date and time of this Hearing. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the prospective new owner be allowed 30 days to purchase the property, then 30 days to complete the foreclosure and make the exterior repairs. -- carried Motion carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-053 A Resolution finding that the structure located on the north half of Lot 276, all of Lot 278, Emporia Avenue, Ferrell's Second Addition to Wichita, Sedgwick County, Kansas, commonly known as 1234 North Emporia, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cole moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. DRINKING ESTABLISHMENTS AMENDMENTS TO CITY CODE PROVISIONS RELATED TO DRINKING ESTABLISHMENT/RESTAURANT LICENSING AND OPERATION. Agenda Report No. 97-841 B. The City Code presently prohibits persons under the age of 21 from being on the premises of a drinking establishment (DE). Persons under the age of 21 are permitted to be on the premises of a drinking establishment/restaurant (DER) which is presently defined as a location which derives not less than thirty percent (30%) of its gross revenue from the sale of food for consumption on the premises. The Wichita Police Department routinely investigates complaints of persons under the age of 21 consuming alcohol at premises which are licensed as DERs. On October 7, 1997, the City Council considered an ordinance recommended by the Police Department that the food sale requirement to be eligible for licensing as a DER be raised to fifty percent (50%). This proposed ordinance was referred to Council Members Ferris and Rogers for them to meet with the affected licensees and discuss their concerns with the proposed changes. Meetings were held on October 28, 1997, and January 6, 1998, with interested license holders to discuss the proposed changes and additional modifications were made in the proposed ordinance. At the meeting of February 3, 1998, the City Council placed the ordinance on first reading but directed staff to make additional changes in the proposed ordinance. As currently proposed the ordinance makes the following changes: _ Amends Section 4.04.010(t) to require a DER to have either thirty percent (30%) food sales and seventy percent (70%) of its public assembly area devoted to designated seating and the service of food for consumption on the premises, or derive not less than fifty percent (50%) of its gross revenues from the sale of food for consumption on the premises in a six- month period. Failure to meet and continue to meet one of these requirements as well as conviction of three violations of Section 4.16.130 of the City Code within twenty-four (24) months will be a basis for reclassifying the business as a DE. _ Creates a definition in Section 4.04.010 for a new license category to be known as a "drinking establishment/restaurant/event center" to mean premises which may or may not be open to the public, are frequently rented out for public or private activities which are not repeated on a weekly basis, are not open to the public on a daily basis at times other than when an event is scheduled and which derive thirty percent (30%) of its gross revenue from the sales of food and beverages for consumption on the premises in a six-month period. _ Creates a new definition in Section 4.04.010 for "public assembly area" to mean the area of the licensed premises to which the general public has access for purposes such as food and drink consumption, entertainment, recreation, social functions or awaiting transportation. _ Amends Section 4.16.095 to add a subsection permitting the chief of police to reclassify a location which is licensed as a DER but no longer meets the criteria for this category of license or where there have been three convictions for violation of Section 6.04.130 of the City Code within a twenty-four month period. _ Amends Section 4.16.170 to add drinking establishment/restaurant/event center to the list of businesses which must have a license from the City of Wichita to sell alcoholic liquor. _ Amends Section 4.16.190 to provide that the maximum penalty for a first conviction of the chapter shall be a fine of one thousand dollars ($1,000.00), a second conviction shall be a fine of two thousand dollars ($2,000.00), and third or subsequent convictions of the chapter shall be a fine of two thousand five hundred dollars ($2,500.00). There should be no change in the number of licenses issued or the revenue received for such licenses. Gary Rebenstorf Director of Law reviewed the changes in the Ordinance. Council Member Ferris Council Member Ferris said he was comfortable with where the ordinance had ended with a club being treated like a club. Council Member Cole Council Member Cole said she like the changes but would like to look at this in six months to see if the ordinance is doing as it is hoped. Motion -- Ferris moved that the Ordinance be placed on its passage and adopted. Motion -- carried carried 6 to 0. (Kamen absent) ORDINANCE NO. 43-700 An Ordinance amending Sections 4.04.010, 4.16.095, 4.16.130, 4.16.170, and 4.16.190 of the Code of the City of Wichita, Kansas, pertaining to the definition of drinking establishment/restaurant alcohol licenses, suspension and reclassification of certain alcohol licenses by the Chief of Police, prohibiting minors from entering or remaining upon certain premises licensed to sell alcohol, license required, and penalties, and repealing the originals of said sections, read for the second time. Ferris moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. BAKER PAVING PAVING BAKER STREET FROM 11TH STREET TO 13TH STREET. (District V) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 98-069 A. On February 3, 1998, the City Council considered a Petition to pave Baker Street, from 11th to 13th Street. The Council deferred action on the project for three weeks in order to hold a public hearing on an expanded improvement district. The expanded improvement district sets the east boundary line at half the distance to Dougherty, the adjacent parallel street. In this manner, all properties in the district will pay for one front and one side street assessment. The estimated project cost is $185,000, with $6,000 paid by the City and $179,000 assessed to the improvement district. The estimated assessment rate to individual properties is $00.23 per square foot of ownership. The previous estimated assessment rate was $00.31 per square foot of ownership. The City share is for the cost of intersection construction. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Kathy Stockdale Kathy Stockdale, 4636 Del Sienno, asked reconsideration of the improvement district and how it is determined who will pay for the improvement. Ronald McDowell Ronald McDowell, 1341 North Baker, expressed concern that if Dougherty is made into a cul-de-sac, traffic will increase on Baker. Scott Kardel Scott Kardel, 1306 North Baker, thanked the Council and urged approval of the project. Motion -- Ferris moved that the project be approved and the Resolution be adopted. Motion -- carried carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-047 Resolution of findings of advisability and Resolution authorizing paving of Baker Street, from 11th Street North to 13th Street North (Project Number 472-82905) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. NEW BUSINESS HARDSHIP PAYMENTS PAYMENTS IN LIEU OF ASSESSMENT OPTIONS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-107. A fee in Lieu of Assessment is charged to properties which were not included in an improvement for the extension of water and sewer lines which serve such property. When a resident requests connection to a water and/or sewer main and the property has not yet been assessed, a fee in Lieu of Assessment is calculated for the property. This fee is calculated using the respective benefit district costs. The water fee for 1997 was $17 per front foot; sanitary sewer was $34 per front foot. For larger lots, this fee may be higher. For some property owners this could result in an economic hardship and be an obstacle for utility service. Currently, the City has a Hardship Deferral Program for special assessments. Under this Policy, special assessments maybe deferred if the property owners qualify for the program based on an income eligibility. When the property changes ownership, the deferred assessment is due and payable. There is no provision under this Program to defer fees in Lieu of Assessment or any provisions to reduce or make exceptions for hardship cases. The Staff Development Coordinating Committee has studied this matter and feels that there is a need to modify the current ordinance dealing with payments in Lieu of Assessments. Staff has examined a number of options designed to address situations where homeowners (residing within the City) may have a hardship in connecting to City water and sewer utilities. In addition, such options may also provide an incentive for infill development, public health reasons, or redevelopment of older neighborhoods. These options include: OPTION # 1 - Continue the existing policy for payment of in Lieu of Assessments. OPTION # 2 - Establish a maximum in Lieu of Assessment payment for all residential services (1" or less). [ Example: A maximum amount will not exceed $3,000 for sewer connections and $1,500 for water. These maximum amounts would be based on the current average amount paid and apply only to residential properties that meet specific criteria.] OPTION # 3 - Authorize designated Staff (i.e. Directors of Water/Sewer and Public Works, etc.) to establish an appropriate payment consistent with Special Assessment District charges and representative of historical costs of constructing such utilities when such connections are requested. OPTION # 4 - Defer fees for in Lieu of Assessment charges for eligible property owners similar to the Hardship Deferral program for special assessments. Revenue and cost impacts of implementing these options are projected to be minimal due to more encompassing special districts and the decreasing requests for utility connections. Revenues generated in 1996 from in Lieu of Assessments were $54,000 in water and $51,000 for sewer. Should the City Council want to implement any of the (above) options, an appropriate ordinance amendment together with policy implementation criteria will be required. Consensus of the Council was approval of Option #3. Chris Cherches City Manager said there would be guidelines setting forth the criteria for the appropriate payment. Council Member Ferris Council Member Ferris requested a copy of the guidelines. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Kenneth Mayo Kenneth Mayo, 1571 North Ridgewood, stated that the following amounts were paid by his neighbors to hook up to the sewer line that was installed in 1949: $50 in 1962, $75 in 1975, and $200 in 1987. Mr. Mayo said he has a large lot with a smaller two-bedroom house. With the fee based on front footage, it is estimated it would cost $5,000 to install a sewer line to his house and an additional $9,000 to attach to the sewer. The total $15,000 is unreasonable and he requested fairness in this matter. Motion -- Cole moved that Option #3 be approved; the necessary ordinance modifications be authorized; and implementation of a policy, which would include establishment of -- carried guidelines, be authorized. Motion carried 6 to 0. (Kamen absent) HISTORIC PRESERVATION HISTORIC PRESERVATION LOAN - PRATT/CAMPBELL HOUSE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-108. The Pratt/Campbell House was built in 1887 by W.O. Sternberg for George L. Pratt, owner of the Pratt Lumber Company. Mr. Pratt was the first president of the Coronado Club, now the Wichita Club, and also served on the Wichita City Council and as City Treasurer. In 1899, Pratt sold the house to M.C. Campbell, a developer of the Kansas livestock industry. Subsequent owners used the structure as a boarding house and as a nursing home for more than 18 years until 1971 when Dr. Gary Porter acquired the home and restored it to its original single family configuration. Architecturally, the home is a high-styled Queen Anne residence with Richardsonian Romanesque influences. It is arguably the finest Queen Anne residence remaining from the city's building boom of the 1880's. The house is all brick, with molded bands of brick that extend around the house, carved stone lintels over tall narrow windows, and an imposing roof line with dormers and crest ornaments. Sometime after 1900, the original wooden front porch of the 5,600 square foot home was replaced with a porch made primarily of brick and concrete. Over the years, the structure has received sporadic exterior maintenance, specifically to the brick and stonework, internal guttering system, and to the remaining porches -- including the large wrap-around front porch. On December 8, 1997, the City's Historic Preservation Board reviewed a request for funding through the Revolving Loan Program for Historic Properties by property owners Janie Koch and Steve Krull. The dollar amount requested by the applicants will provide for the construction of period front, south and west-side porches, replacement of deteriorated foundation and wall stone and brickwork, and the tuckpointing and replacement of exterior mortar. At the December meeting, the Historic Preservation Board voted 5-1 in favor of the proposed restoration and new construction work, and supported the Revolving Loan Program for Historic Properties loan request of $75,000. Work undertaken will conform to and be respectful of the Secretary of the Interior's Standards for Rehabilitation. The Revolving Loan Program's guidelines specify that if an owner of a historic property applies for funds in excess of the $25,000 maximum, a two-thirds majority vote of the Historic Preservation Board and the concurrence of the City Council will be necessary for approval of the request. The physical decline to the exterior of much of the Pratt/Campbell house has proceeded for years, and the masonry elements should not be allowed to deteriorate any further. All of the remaining porches of the residence have deteriorated to the point of presenting a health and safety risk to those occupants or visitors to the home. The internal guttering system has operated at a less than efficient level for several decades and must be replaced to ensure proper drainage of rooftop snow and rain. Revolving Loan funds in the amount of $75,000, and a $25,000 property owner investment will cause these improvements to make the building weather-tight and arrest further deterioration. The City's Neighborhood Improvement Services section of the Office of Central Inspection will administer the Revolving Loan funds, and will also monitor the job as it progresses. The purpose of the Revolving Loan Program for Historic Properties is to provide low-interest loans to encourage the preservation and rehabilitation of historically and architecturally significant structures in Wichita. Revolving Loan Fund moneys are made available at a rate of 4 points below the Prime Rate, over a period of twenty years. As of January 30, 1998, approximately $304,000 was available in the fund, with $150,000 pledged towards the restoration of the tower or cupola of the Keen Kutter building in Old Town. If the City Council approves the $75,000 loan request, approximately $75,000 would remain in the program to fund other preservation projects in Wichita. The City has no other financial responsibilities associated with this loan. The City will have no legal obligations apart from normal inspection procedures associated with the housing, building and other applicable codes. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Steve Krull Steve Krull said a small-town community atmosphere had been found in this area of town. In addition to the historic loan, significant personal funds are being put into the house. Motion -- Cole moved that the Historic Preservation Loan for $75,000 be approved. Motion -- carried carried 6 to 0. (Kamen absent) UNIFORM FIRE CODE UNIFORM FIRE CODE. Chris Cherches City Manager explained that a more current edition of the Uniform Fire Code is being looked at and asked that this Item be pulled from the Agenda. Motion -- carried Ferris moved that this Item be stricken from the Agenda. Motion carried 6 to 0. (Kamen absent) PROPERTY ACQUISITION ACQUISITION AND LEASE OF PROPERTY - 920 EAST FIRST STREET. (District VI) Council Member Rogers declared a conflict of interest and left the Bench. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-109. The 920 East First Street is located on the northwest corner of First Street and Washington in the Old Town area. This property frames the eastern boundary of the Old Town District and is one of the remaining available in this location. The site contains 22,063 square feet and is improved with a 18,372 square foot commercial building. The building has approximately 2,500 square feet of office and retail space with the balance being used for storage. If acquired, the building would remain under a lease-back agreement until needed for additional Old Town parking or redevelopment. The owner has agreed to sell this property to the City for the appraised value of $320,000. The owner will lease the site from the City for $2,500 per month on a triple net basis. The City will have the right to cancel the lease if the site is needed for public purposes. By acquiring the site, the City will have an opportunity to create new development/use, sell or convert this location into additional parking for the Old Town area. The funding source will be either from the Capital Improvement Program (land acquisition) or from General Fund Reserves. A budget of $325,000 is requested. This includes $320,000 for the acquisition and $5,000 for closing costs and title insurance. Council Member Lambke Council Member Lambke stated that it is unknown how long it will be, if ever, before the City would need the property. When the City exercises its option, taxes cease. Chris Cherches City Manager explained that this is a triple-net basis lease. Council Member Cole Council Member Cole said the property was offered at appraised value. There will be an instant use for the available parking; and, at some point, the property will be needed for parking. Council Member Ferris Council Member Ferris clarified that as long as the property is used for commercial use, it remains on the tax rolls - probably at an increased value. The lessee will pay taxes. The property does not become tax exempt when the City becomes the owner if it is used for commercial purposes. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 4 to 1. Lambke - No. (Kamen, Rogers; absent) Council Member Rogers present. CITY COUNCIL AGENDA PROCLAMATIONS PROCLAMATIONS. -- Professional Social Work Centennial Month -- Project H.O.P.E. Day -- Lions Pancake Day -- Mental Retardation Awareness Month -- 150th Anniversary of Women's Rights Movement -- Juvenile Arthritis Awareness Week Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect - Council at large) Board of Zoning Appeals (Knight) Commission on the Status of People with Disabilities (4 appointments - Cole, Kamen, Knight - 2) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (2 appointments - Kamen, Lambke) Motion -- Knight appointed Jacqueline E. Miller (Disabilities) and moved that the -- carried appointment be approved. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, including Addendum Item 36a, be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Kamen absent) BOARD OF BIDS REPORTS OF THE BOARD OF BIDS AND CONTRACTS DATED FEBRUARY 17, 1998 AND FEBRUARY 23, 1998. At 10:00 a.m., Friday, February 13, 1998, 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 February 17, 1998) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Lateral 386, Southwest Interceptor Sewer to serve Northridge Lakes Addition (east of Tyler, south of 29th Street North). (468- 82782/743393/480430) Does not affect existing traffic. (Council approval date 12- 9-97) (District V) AND Lateral 355, Southwest Interceptor Sewer to serve Northridge Lakes Addition (east of Tyler Road, north of 21st Street). (468- 82491/743385/480429) Does not affect existing traffic. (Council approval date 7- 25-95) (District V) Utility Contractors - $59,758.00 (Total Aggregate Bid) Lateral 158, Sanitary Sewer #22 to serve Lot 4, Block B, Section II, Missouri Pacific Industrial Park (west of West Street, south of 27th Street South). (468-82791/743377/480428) Does not affect existing traffic. (Council approval date 1-27-98) (District IV) WB Carter Construction Co., Inc. - $10,626.00 Water Distribution System to serve Rocky Creek Addition (north of 13th Street, east of 127th Street East). (448-89121/733915/470469) Does not affect existing traffic. (Council approval date 3-4-97) (District n/a) Associated Construction - $28,999.00 Water Distribution System to serve Barrington Corner Second Addition (south of 21st Street, west of Ridge Road). (448-89218/734228/470500) Does not affect existing traffic. (Council approval date 10-28-97) (District V) HD Mills & Sons - $31,892.00 Emporia Circle to serve South Broadway Industrial Park (from the north line of 46th Street South to and including cul-de-sac). (472- 82901/764506/490553) Does not affect existing traffic. (Council approval date 2- 3-98) (District V) Cornejo & Sons - $93,908.00 900 mm Water Line in Meridian, Burton to Newell; 200 mm Main Replacement in Meridian; and 200 mm Sewer Reconstruction in Meridian (in Meridian from Maple to Central). (448-89059/448-89232/468- 82803/633578/634931/621821/544801/544148/533293) One-way north bound traffic to be maintained at all times. (Council approval date 1-14-97/1-14-97/1-7-97) (District IV & VI) Wildcat Construction Company - $908,828.48 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 6 to 0. (Kamen absent) PUBLIC WORKS DEPARTMENT/MAINTENANCE DIVISION: Furnish Compactor Trucks and Open Dumpsters (131342) BFI Waste Systems Item #1 Per Hour - $125.00 Item #2 Per Delivery Charge - $ 50.00 Item #3 Per Haul Charge - $110.00 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 6 to 0. (Kamen absent) At 10:00 a.m., Friday, February 20, 1998, 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 February 23, 1998) 1997 Main Replacement Program - Group 2; Linwood (south of Kellogg, either side of Hydraulic). (448-89195/634816/544136) Traffic to be maintained during construction using flagpersons and barricades. (Council approval Date 1-6-9) (Districts I and III) Nowak Construction - $791,000.00 1998 Contract Maintenance Heater Scarification (Surface Rejuvenation) (at various locations). (/132266/621326/112000/533243) Traffic to be Maintained through construction using flagpersons and barricades. (Council approval date 12-16-97) (Districts I, II, III, V, AND VI) Cutler Paving - $418,157.50 (Engineer's Estimate) 1998 Contract Maintenance Preparatory Curb & Gutter Repair and Miscellaneous Concrete Repair, Phase I (at various locations). (132258/112000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-16-97) (District All Barkley Construction - $158,725.00 1998 Repair off Condemned Sidewalk & Wheelchair Ramps, Phase I (various locations). (132100/112000) Does not affect existing traffic. (Council approval date 8-12-97) (District All) Barkley Construction - $160,000.00 (Engineer's Estimate) St. Paul from the north line of Wildwood to the north line of 27th Street South to serve Builders Fourteenth Addition (west of Seneca, north of 31st Street South). (472-72767/764621/490565) Traffic to be maintained through construction using flagpersons and barricades. (Council approval 10-21- 98) (District IV) Kansas Paving - $78,291.50 And: Wildwood from ST. Paul to Richmond to serve Builders Fourteenth Addition (west of Seneca, north of 31st Street South). (472- 82862/764548/490557) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 9-9-97) (District IV) Kansas Paving - $61,868.00 (Corrected Amount) $140,159.50 (Total Aggregated Total: Corrected Amount) Sidewalk on the south side of 33rd South between Handley and Osage to serve Brentwood Addition (east of Seneca, south of 31st South). (472- 82892/764720/490574) does not affect existing traffic. (Council approval date 12-16-97) (District IV) Barkley Construction - $3,348.00 Lateral 93, Sanitary Sewer #23 to serve Moorings North Addition (west of Meridian, south of 53rd Street North). (468- 82777/743310/480422) Does not affect existing traffic. (Council approval date 10- 28-97) (District VI) Nowak Construction - $161,441.00 Lateral 129, Westlink Sewer to serve Huntington Park Addition (south of 13th Street North, west of Maize Road). (468- 82792/743369/480427) Does not affect existing traffic. (Council approval date 12- 9-97) (District V) Mies Construction Co., Inc. - $7,390.00 Water Distribution System to serve Huntington Park Addition (South of 13th, west of Maize. (448-89230/734277/470505) Does not affect existing traffic. (Council approval date 12-9-97) (District V) HD Mills & Sons - $6,044.00 Water Distribution System to serve Northridge Lakes Addition (east of Tyler, north of 21st Street North. (448-88936/734301/470508) Does not affect existing traffic. (Council approval date 7-25-95) (District V) AND Water Distribution System to serve Northridge Lakes Addition (east of Tyler, south of 29th Street North). (448-89223/734319/470509) Does not affect existing traffic. (Council approval date 12-9-97) (District V) Nowak Construction- $31,969.00 (Total Aggregate Bid) 29th Street North from the west line of Topaz Circle to the west line of Pepper Ridge to serve Oak Ridge 2nd Addition (north of 29th Street North, east of Tyler) (472-82836/82882/764449/706630/490547/405217) 29th shall be closed for through traffic. Council approval date 7-15-97/11-18-97) (District V) Kansas Paving - $230,027.50 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 6 to 0. (Kamen absent) PARK DEPARTMENT/CENTURY II DIVISION: Interior and Exterior Signage Mid America Graphics - $35,825.80 (Group A) Blocking Add per Location - $205.00 (Not to Exceed $2500.00) - $33,779.00 (Group B) PARK DEPARTMENT/LANDSCAPE & FORESTRY DIVISION: Disc Brush Chipper (791921) Vegetation Management Supply, Inc. - $22,074.00 (Total Net Bid) Lump Sum Deduct (Option #1) - $1,600.00 Deduct for Standard Factory Paint - $ 500.00 WATER & SEWER DEPARTMENT/PRODUCTION & PUMPING DIVISION: Liquid Polyelectrolyte (Bulk Delivery) (183632) Cytec Industries Inc. - $.03695 (Cost per Pound) WATER & SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: Aeration Basin Improvements at Sewage Treatment Plant #2 (624007) CAS Construction, Inc. - $1,025,000.00 (Total Net Base Bid with Option B) Negotiated to Engineer's Estimate WATER & SEWER DEPARTMENT/PRODUCTION & PUMPING DIVISION: Liquid Chlorine (Bulk) (183632) Van Waters & Rogers Inc. - $.1815 (Cost Per Pound) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 6 to 0. (Kamen absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1998 (Consumption on Premises) Wichita Sportservice, Inc. Lawrence Dumont Stadium*300 South Sycamore Street Stuart W. Gribble, Agent Carol A. Bruff Residence Inn by Marriott*411 South Webb Road (Consumption off Premises) Wayland Waggoner Albertsons #22501910 West 21st Street North Steven L. Victor 7-Eleven Store #9506330 East 21st Street Chad E. Schenck Phillips 66 2001 South Oliver Paul A. Dawson Metro Oil, Inc.3233 North Rock Road dba Metro Beverage Co. *General/Restaurant -- 50% or more of gross receipts derived from sale of food. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Kamen absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1998 Contract Maintenance Preservative Seal of Asphalt Streets (at various locations). (131540/110000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-16-97) (Districts V & VI) b. 1998 Contract Maintenance Micro-Surface Seal of Arterial Asphalt Streets (at various locations). (132274/112000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-16-97) (Districts I, II, III, IV & VI) c. 1997 Enhanced Maintenance Concrete Repairs (at various locations). (706648/405-218) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-16-97) (District I) d. 1997 Enhanced Maintenance Quickset Slurry Seal of Asphalt Streets (at various locations). (706648/405-218) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12- 16-97) (District V) e. 12" Water Line in Airport Road from north of Harry to south of Kellogg (south of Kellogg, west of Hoover). (448-88953/633495/544-536) Traffic to be maintained through construction. (Council approval date 1-6-98) (District V) f. 1998 Sanitary Sewer Rehabilitation Program Phase 'A' (east of Oliver, north of Central). (468-82808/620021/533-354) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-6-98) (Districts I & 2) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., March 6, 1998. Motion carried 6 to 0. (Kamen absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Supply Line to serve Tract 1, Tract 1A, and Tract 2 (west of Greenwich, north of K-96 Freeway). (448-89212/734327/470510) Traffic to be maintained through construction. (Council approval date 2-24-98) (District 2) b. Water Distribution System to serve Tract 1-Soccer Field & Tract 2-Regency Park Addition (west of Greenwich, north of K-96 Freeway). (448- 89213/734335/470511) Traffic to be maintained through construction. (Council approval date 2-24-98) (District 2) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., Febryart 27, 1998. Motion carried 6 to 0. (Kamen absent) c. Water Distribution System to serve World Impact Addition (south of 13th, east of Hillside). (448-88963/733006/470378) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 8-19-97) (District 1) d. Storm Water Sewer 465 to serve Northridge Lakes Addn (east of Tyler, north of 21st). (468-82498/751131/485148) Does not affect existing traffic. (Council approval date 7-25-95) (District 5) e. Storm Water Sewer 495 to serve Barrington Corner 2nd Addition (south of 21st, west of Ridge). (468-82784/751107/485145) Does not affect existing traffic. (Council approval date 10-28-97) (District 5) f. Doris to serve Eck 4th, Bratcher 2nd, Bob Carter, Donna's 3rd Additions & R. A. Morris Tracts (south of 13th St N, east of Hoover). (472-82807/764472/490550) streets will be closed. (Council approval date 8-12-97) (District 5) g. Memory Lane to serve Eck 4th, Bratcher 2nd, Bob Carter, Donna's 3rd Additions & R. A. Morris Tracts (south of 13th St N, east of Hoover). (472-82808/764480/490551) streets will be closed. (Council approval date 8-12-97) (District 5) h. Curtis Street to serve Eck 4th, Bratcher 2nd, Bob Carter, Donna's 3rd Additions & R. A. Morris Tracts (south of 13th St N, east of Hoover). (472-82809/764498/490552) streets will be closed. (Council approval date 8-12-97) (District 5) i. 11th Street to serve Eck 4th, Bratcher 2nd, Bob Carter, Donna's 3rd Additions & R. A. Morris Tracts (south of 13th St N, east of Hoover). (472-82810/764464/490549) streets will be closed. (Council approval date 8-12-97) (District 5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., March 6, 1998. Motion carried 6 to 0. (Kamen absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 900 mm Water Line in Meridian, Burton to Newell; 200 mm Main Replacement in Meridian; and 200 mm Sewer Reconstruction in Meridian (in Meridian from Maple to Central). (448-89059/448-89232/468- 82803/633578/634931/621821/544-801/544-148/ 533-293) One-way north bound traffic to be maintained at all times. (Council approval date 1-14-97/1-14-97/1-7-97) (District IV & VI) - $1,232,921.84 b. Water Distribution System to serve Rocky Creek Addition (north of 13th Street, east of 127th Street East). (448-89121/733915/470-469) Does not affect existing traffic. (Council approval date 3-4-97) (District n/a) - $80,000.00 c. Water Distribution System to serve Barrington Corner Second Addition (south of 21st Street, west of Ridge Road). (448- 89218/734228/470-500) Does not affect existing traffic. (Council approval date 10-28-97) (District V) - $55,500.00 d. Water Distribution System to serve Wheatland Addition (south of MacArthur, west of Hoover). (448-88692/734251/470-503) Does not affect existing traffic. (Council approval date 4-6-93) (District n/a) - $44,000.00 e. Water Distribution System to serve Prairie Woods Addition (north of Pawnee, east of Maize. (448-88903/734269/470-504) Does not affect existing traffic. (Council approval date 3-21-95) (District V) - $30,000.00 f. Lateral 36, Main 15, Southwest Interceptor Sewer to serve Barrington Second Addition (south of 21st Street, west of Ridge Road). (468-82781/743328/480-423) Does not affect existing traffic. (Council approval date 10-28-97) (District V) - $38,850.00 g. Lateral 321, Southwest Interceptor Sewer to serve Wheatland Addition (south of MacArthur, west of Hoover). (468-82291/743336/480- 424) Does not affect existing traffic. (Council approval date 4-6-93) (District n/a) - $77,000.00 h. Lateral 388, Southwest Interceptor Sewer to serve Unplatted Tract (north of 55th Street South, west of Meridian). (468- 82790/743344/480-425) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-9-97) (District IV) - $12,240.00 i. Lateral 347, Southwest Interceptor Sewer to serve Prairie Woods Addition (north of Pawnee, east of Maize). (468-82464/743351/480- 426) Does not affect existing traffic. (Council approval date 3-21-95) (District V) - $76,000.00 j. Lateral 158, Sanitary Sewer #22 to serve Lot 4, Block B, Section II, Missouri Pacific Industrial Park (west of West Street, south of 27th Street South). (468-82791/743377/480-428) Does not affect existing traffic. (Council approval date 1-27-98) (District IV) - $22,000.00 k. Lateral 355, Southwest Interceptor Sewer to serve Northridge Lakes Addition (east of Tyler Road, north of 21st Street). (468- 82491/743385/480-429) Does not affect existing traffic. (Council approval date 7- 25-95) (District V) - $50,000.00 l. Lateral 386, Southwest Interceptor Sewer to serve Northridge Lakes Addition (east of Tyler, south of 29th Street North). (468- 82782/743393/480-430) Does not affect existing traffic. (Council approval date 12-9-97) (District V) - $36,000.00 m. Intersection Modifications at Mid Continent Road and Taft (south of Maple at Ridge Road). (472-81897/760330/490-135) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-19-89) (District V) - $235,015.53 n. Red Brush/Paddock Green from the south line of Wilson Estates Parkway to the north line of Reserve "V"' Red Brush Court from the east line of Red Brush to and including the cul-de-sac, serving Lots 3 through 15, Block 4' Paddock Green Court from the east line of Paddock Green to and including the cul-de-sac, serving Lots 1 through 5, Block 9' Paddock Green Court from the east line of Paddock Green to and including the cul-de-sac serving Lots 6 through 31, Block 9, and' Sidewalk on the east, north and west sides of Red Brush/Paddock Green from the south line of Wilson Estates Parkway to the north line of Reserve "V" to serve Wilson Farms Addition (South of 21st Street, east of Rock Road). (472-82844/764456/490-548) Does not affect existing traffic (Council approval date 7-1-97) (District II) - $454,000.00 o. Emporia Circle to serve South Broadway Industrial Park (from the north line of 46th Street South to and including cul-de-sac). (472- 82901/764506/490-553) Does not affect existing traffic. (Council approval date 2- 3-98) (District V) - $159,000.00 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Kamen absent) STATEMENTS OF COST STATEMENTS OF COST. a. (Supplemental Final) MacArthur and Broadway Intersection - $178,278.00 (Less Financing previously issued - $155,140.00); Financing to be issued at this time - $23,138.00 (472-81940/705228/405-076) b. (Supplemental Final) Mosley from First Street to Second Street (Old Town Street Improvements) - $696,880.86 (less financing previously issued - $694,394.00); Financing to be issued at this time - $2,486.86 (472- 82374/705731/405-127) c. (Supplemental Final) Westdale Drive from Zoo Boulevard to West Street - $336,977.95 (Less financing previously issued - $331,514.00); Financing to be issued at this time - $5,463.95 (472-82425/705780/405-132) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 6 to 0. (Kamen absent) EASEMENTS/DEDICATIONS EASEMENTS AND DEDICATIONS. a. Easement dated 2-1-97 from Bill C. Romig for a tract in Ormiston Addition (Waterline in Arkansas and 51st Street North Index 632232) (no cost to City) b. Drainage Easement dated 1-19-98 from B.R. Treadwell for a tract in Park Village Addition (Greenwich Road form Kellogg to Central) (no cost to City) c. Drainage Easement dated 12-10-97 from Jay Russell for a tract in Bradford North Third (Private Project Index 764555) (no cost to City). Has been filed and recorded d. Easement dated 1-26-98 from Marvin Schellenberg for a tract in Northridge Lakes (Lat 355, WIS Index 743385) (no cost to City) e. Easement dated 1-28-98 from Phil Bundy for a tract in Barrington Corner Second Addition (Water project Index 734228) (no cost to City) f. Dedication dated 1-30-98 from Jay Russell for a tract in Thunderbird Eighth Addition (Zoo Blvd 13th Street to Windmill Index 706390) (no cost to City) g. Easement dated 11-14-97 from Richard Peckham for a tract in Mobile Manor South (Private Water Index 764555) (no cost to City). Has been filed and recorded Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 6 to 0. (Kamen absent) WATER PETITION 100 PERCENT PETITION FOR WATER SYSTEMS TO SERVE REGENCY PARK ADDITION AND THE NORTHEAST SOCCER FIELD COMPLEX (WEST OF GREENWICH ROAD, NORTH OF THE K-96 FREEWAY. (District II) Agenda Report No. 98-110. The signature on the Petitions represents 100% of the portion of the improvement district that will not be acquired by the City. The projects will extend water service to the City's new Northeast Soccer Complex and an area being platted as an industrial park named Regency Park Addition. The Petitions total $296,460, with $144,580 assessed to the industrial park, $34,600 assessed to the City's soccer complex, and $117,280 paid by the Water Utility. The Water Utility share is for the cost of oversizing lines to serve future development beyond the improvement district and the Special Assessments to the Soccer Complex. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-048 Resolution of findings of advisability and Resolution authorizing construction of Water Supply Line Number 448-89212 (west of Greenwich, north of K-96 Freeway) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-98-049 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89213 (west of Greenwich, north of K-96 Freeway) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Park Commissioners, 1-12-98 Board of Electrical Appeals, 1-13-98 CPO Northeast Council 1, 2-9-98 CPO Southeast Council 3, 2-12-98 CPO Southwest Council 4, 2-12-98 CPO Northwest Council 5, 2-11-98 CPO North Central Council 6, 2-11-98 Commission on the Status of People with Disabilities, 1-28- 98 Historic Preservation Board, 1-12-98 MAPC, 1-15-98 Police & Fire Retirement System of Wichita, KS, 1-28-98 Public Art Advisory Board, 1-18-98 Wichita Employees' Retirement System, 1-21-98 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Kamen absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures considered. FINANCIAL REPORT MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDED JANUARY 31, 1998. Motion -- carried Knight moved that the Report be received and filed. Motion carried 6 to 0. (Kamen absent) CLAIMS REPORT REPORT ON CLAIMS ALLOWED - JANUARY, 1998. Name of Claimant Amount Holly R. Paugh $260.56 James Lee Gilmore $1,331.28* Belinda Post $193.24 Boyd I. Fogg $25.00 Mervin W. Pore $27.00 *This claim was settled for a lesser amount than originally claimed. Motion -- carried Knight moved that the Report be received and filed. Motion carried 6 to 0. (Kamen absent) CLAIM SETTLEMENT SETTLEMENT OF CLAIM TO SOUTHWESTERN BELL. Agenda Report No. 98-111. Southwestern Bell filed a claim for damages in connection with damage done to one of their phone lines near Central and Oliver in September of 1997. The line was damaged by City Water Department crew installing a service line at 536 North Oliver. The damage to the phone line was the result of an error in judgment on the City's part. The costs to repair the damages were $11,206.91, and the investigation indicated that this amount is reasonable. Funding is from the City's tort claims fund. Motion -- Knight moved that payment to Southwestern Bell in the amount of $11,206.91, as full settlement of all possible claims arising out of the occurrence, be -- carried authorized. Motion carried 6 to 0. (Kamen absent) CLAIM SETTLEMENT SETTLEMENT OF CLAIM TO SCHOOL SERVICES AND LEASING. Agenda Report No. 98-112. School Services and Leasing filed a claim for damages in connection with damage done to one of their school buses as a result of an accident with a City vehicle being driven by an employee of the Public Works Department (Stormwater Division). It was determined that the driver of the City vehicle was at fault in the accident. Risk Management staff evaluated the property damage to the school bus and determined that the bus was a total loss. The value of the bus was assessed at $12,708 with a salvage value of $1,200. The claimant has indicated a desire to retain the salvage and, therefore, is willing to settle the claim for $11,508. Funding is from the City's tort claims fund. Motion -- Knight moved that payment to School Services and Leasing of $11,508, as full settlement of all property damage claims arising out of the accident, be -- carried authorized. Motion carried 6 to 0. (Kamen absent) CONSULTANT CONTRACT DESIGN SERVICES FOR NORTHRIDGE LAKES ADDITION. (District V) Agenda Report No. 98-113. The City Council approved the Northridge Lakes Addition plat on December 12, 1997. The proposed Agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for the design of Lateral 355, Southwest Interceptor Sewer; Lateral 386, Southwest Interceptor Sewer; Storm Water Sewer No. 465; Water Distribution System Number 448 88936; Water Distribution System Number 448 89223; paving Meadow Pass, Lake Ridge, and sidewalk; paving Meadow Grove/Lake Ridge, Meadow Grove Court and sidewalk in Northridge Lakes Addition (east of Tyler, north of 21st). Because PEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis of $45,000 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Kamen absent) KDOT AGREEMENT STREET RESURFACING PROJECT ON KELLOGG FROM ARMOUR ROAD, EAST TO THE KANSAS TURNPIKE AUTHORITY (KTA). (District II) Agenda Report No. 98-114. The Kansas Department of Transportation (KDOT) has available a street resurfacing (KLINK) program for cities which have highway connecting links within their city limits. The KLINK program is intended for resurfacing improvements on the connecting links which are maintained by the cities. KDOT has advised the City of Wichita that KLINK Fiscal year 1998 funds in the amount of $150,000 have been allocated for a resurfacing project on Kellogg from Armour Road east to the KTA. The Agreement provides that KDOT will reimburse the City in the amount of 50 percent of the approved construction cost including construction engineering and contingencies, but not to exceed a maximum of $150,000. On December 9, 1997, the City Council approved a contract with Asphalt Construction Company for the KLINK resurfacing improvements. $336,750 is available in the Street Maintenance budget. Fifty percent of the costs, not to exceed $150,000 will be reimbursed to the City by KDOT. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Kamen absent) SOUTH BROADWAY AGMT. SUPPLEMENTAL AGREEMENT FOR SOUTH BROADWAY OVERPASS OVER THE UNION PACIFIC RAILROAD TRACKS. (North of MacArthur) (District III) Agenda Report No. 98-115. On October 13, 1992, the City Council approved an agreement with Mid-Kansas Engineering Consultants, Inc. (MKEC) to design improvements for the South Broadway Overpass at a cost of $86,775. On March 22, 1994, the City Council approved Supplemental Agreement No. 1 with MKEC to design a water line in Broadway from Patterson to 37th Street South at a cost of $6,650. On June 10, 1997, the City Council approved Supplemental Agreement No. 2 with MKEC to perform electrical monitoring on the existing bridge, make inspections and attend meetings, and prepare cost estimates to determine if the bridge could be kept open to traffic. The fee was $33,660. MKEC's fees through Supplemental Agreement No. 2 total $127,085. Because of their expertise in designing the project, it is recommended that MKEC be retained to provide construction inspection services. Supplemental Agreement No. 3 with MKEC for the additional work has been prepared. Payment to MKEC for Supplemental Agreement No. 3 will be made on a cost plus percentage of cost basis not to exceed $149,456 and will be paid from funds in the project budget. The funding source is General Obligation Bonds. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Kamen absent) CONSULTANT CONTRACT AGREEMENT FOR DESIGN OF DOUGLAS STREETSCAPES (MKEC). (District VI) Agenda Report No. 98-116. On January 28, 1992, the City Council entered into an agreement with Mid-Kansas Engineering Consultants, Inc. (MKEC) for the design of streetscape improvements along Douglas, Main Street, and Topeka. The fee was $116,845.00. On April 14, 1992, the City Council approved Supplemental Agreement No. 1 for MKEC to prepare plans for the the relocation of five water mains in the project area for a fee of $11,665.00. On November 9, 1993, the City Council approved Supplemental Agreement No. 2 for MKEC to design the replacement of an existing 6" diameter water main in Broadway from William to Douglas for a fee of $3,000.00. On February 8, 1994, the City Council approved Supplemental Agreement No. 3 for MKEC to design storm sewer that needed to be reconstructed in the alley south of Douglas from Market to Broadway to serve the streetscape improvements. The fee was $4,000.00. On July 12, 1994, the City Council approved Supplemental Agreement No. 4 for MKEC to perform the construction staking/layout for two-way Main and the associated streetscape improvements for a fee of $20,400.00. MKEC's fees through Supplemental Agreement No. 4 total $155,910.00. City staff has requested that MKEC revise the plans for the Douglas portion of the project to include the following: * Providing receptacles on the street lights, in tree bases and in tower lattices for use in special event and Christmas lighting. * Power sources, locations and switching/controls for the special event lighting. * Electrical and plumbing for DeVore sculpture/pool/fountain locations. * Establish locations and design footings for DeVore sculptures, nine sculptures including three with fountains. * Customize walk pattern at the Vest Pocket Park to match the park pattern. Payment to MKEC for this Supplemental Agreement will be made on a lump sum basis of $7,625.00 from funds available in the project budget. The funding source is General Obligation Bonds. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Kamen absent) TRAFFIC SIGNALIZATION 1998 TRAFFIC SIGNALIZATION PROGRAM. (District VI) Agenda Report No. 98-117. The 1998 Capital Improvement Program includes funding to upgrade traffic signals in the Core Area. On August 13, 1997, the Staff Screening and Selection Committee selected Professional Engineering Consultants, P.A. to prepare construction plans. An Agreement has been prepared. The Kansas Department of Transportation (KDOT) has agreed to let the construction contract for the project and participate in the project funding. A City/State Agreement has been prepared. New overhead signals will be installed at the intersections of First and Emporia, Second and Emporia, Second and St. Francis, and First and Washington. The estimated project cost is $354,000, with $104,000 paid by the City of Wichita and $250,000 by the State. The funding source for the City share is General Obligation Bonds. Motion -- Knight moved that the project be approved and the Ordinance be placed on first reading; and the Agreements be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance declaring First Street at Emporia, Second Street at Emporia, Second Street at St. Francis, and First Street at Washington (1998 Traffic Signalization Program) (472-82858) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. INTERSECTION RECONSTR. 1998 INTERSECTION RECONSTRUCTION PROGRAM. (Districts IV and VI) Agenda Report No. 98-118. The 1998 Capital Improvement Program includes funding for intersection reconstruction (CIP No. MS-412, pg. 42). It is part of an ongoing program to improve traffic flow and safety. City funds are joined with Federal funds administered by the Kansas Department of Transportation (KDOT). The intersections planned for improvement are: * Maple at Seneca * 13th at Waco * 21st at Mosley * Central/Meridian/McLean intersection The project budget is $2,260,000 with $1,060,000 paid by the City and $1,200,000 by federal grants administered by KDOT. The funding source for the City share is General Obligation Bonds. Motion -- Knight moved that the project be approved and the Ordinance be placed on first reading; and the Staff Screening and Selection Committee be authorized to select -- carried a Design Engineer. Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance declaring Maple at Seneca, 13th Street North at Waco, 21st Street North at Mosley, and the intersection of Central, Meridian, and McLean (1998 Intersection Reconstruction Program (472-82910) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. STREET REHABILITATION 1998 STREET REHABILITATION PROGRAM. (District II, IV, V and VI) Agenda Report No. 98-119. The 1998 Capital Improvement Program includes a project to rehabilitate arterial streets (CIP No. MS-399, pg. 56). The locations to be repaired are: * 55th Street South, Broadway to Hydraulic * Tyler Road, Pawnee to 31st Street South * Arkansas Avenue, 37th Street North to 45th Street North * Kellogg Drive, Greenwich to Zelta The project budget is $300,000, of which will not fund all locations. Repairs will be made until the project funds are exhausted. The funding source is General Obligation Bonds. Motion -- Knight moved that the project be approved and the Ordinance be placed on first -- carried reading. Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance declaring 55th Street South, Broadway to Hydraulic; Tyler Road, from Pawnee to 31st Street South; Arkansas Avenue, from 37th Street North to 45th Street North; and Kellogg Drive, from Greenwich to Zelta (1998 Street Rehabilitation Program (472-82907) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. MT. VERNON BRIDGE MT. VERNON BRIDGE OVER GYPSUM CREEK (WEST OF WOODLAWN). (District III) Agenda Report No. 98-120. The 1998 Capital Improvement Program includes a project to replace the Mt. Vernon Bridge over Gypsum Creek (CIP No. B-9201, pg. 121). The existing structure, which was built in 1953, is severely deteriorated. It has lead-based paint on steel beams. The Kansas Department of Transportation has agreed to let the construction contract and participate in the project funding. The new structure will carry four lanes of traffic. It will have a wider roadway, flatter shoulder slopes, wider ditches, and a higher load capacity. The estimated project cost is $775,000, with $200,000 paid by the City of Wichita and $575,000 by the State. The funding source for the City share is General Obligation Bonds. The project will remove the existing bridge and replace it with a new bridge. It will be necessary to close Mt. Vernon to through traffic during construction. Motion -- Knight moved that the project be approved and the Ordinance be placed on first reading; the closure of Mt. Vernon be approved; and the Agreement be approved and -- carried the Mayor be authorized to sign. Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance declaring Mt. Vernon Bridge over Gypsum Creek (472-82902) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. GROUND WATER STUDY CONTRACT AMENDMENT TO THE GROUND WATER STUDY AGREEMENT FOR BROOKS LANDFILL (CAMP BROOKS LANDFILL DRESSER AND MCKEE). (District IV) Agenda Report No. 98-121. Camp Dresser and Mckee (CDM) is providing professional environmental engineering services for the Brooks Landfill Ground Water Study, Monitoring, Clean-up, and Containment. This on-going study is required by the Kansas Department of Health and Environment (KDHE) as a condition of the operating permit for Brooks Landfill. CDM Contract Amendments 1 through 4 in the amount of $1,161,198 have been approved by the City Council to perform site investigation, design, and construction services for the groundwater remediation project. Construction is underway on the final phase of the required remediation work, with completion expected before March 1, 1998. The permit also provides for investigation of the contamination source, and possible measures for removal. An additional Contract Amendment is requested to provide for a Source Control Investigation. The scope of this investigation will be to research, identify, and propose solutions to remove the source of the groundwater contaminates. Also included will be the preparation of systems operation and maintenance manuals, training City staff in remedial systems operations, monitoring and regulatory reporting requirements, and submitting documentation to KDHE. This Contract Amendment also addresses the costs of out-of- scope work required as a result of regulatory deadlines and unforeseen investigations. The following required tasks were not part of earlier Contract Amendments: - A KDHE request to recompile the Draft Assessment of Corrective Measures Report and Addendum into one document. - Investigation of suspected groundwater contamination on the west side of Cell D. - Preparation of equipment procurement specifications for the interim remediation system to meet KDHE deadlines. - Re-evaluation and design of Phase 1 discharge options, including revised cost estimates and graphics. This included presentations to the Citizens Technical Review Committee and the Chamber of Commerce Environmental Committee. - Implementation assistance for the interim remediation system, including providing KDHE with performance and monitoring data for approval of the temporary system. The total cost for the groundwater remediation project was estimated at $3.5 million, funded through the landfill budget. The actual cost to date, including design and construction of the Phase 1 and Phase 2 remediation systems is $3.0 million (including this Contract Amendment for $210,638). This will leave approximately $500,000 to perform any desired work to remove the source. Funds are available within the 1998 Landfill budget for this work. Motion -- Knight moved that the Contract Amendment be approved and the Mayor be authorized to sign; and the necessary budget adjustments be authorized. Motion carried -- carried 6 to 0. (Kamen absent) IRB - MULTIMEDIA PURCHASE OPTION - MULTIMEDIA INC. (District VI) Agenda Report No. 98-122. In November of 1984 and February of 1986, the Wichita City Council approved the issuance of Industrial Revenue Bonds, Series V, 1984 in the amount of $1,500,000 and Series I, 1986 in the amount of $1,500,000 to Multimedia, Inc. to finance the acquisition and renovation of the Union Station properties and other adjacent properties to be leased to and operated by Multimedia, Inc. The City Council, on February 10, 1998, adopted a resolution to accomplish the recommended action, however, the supporting documents incorrectly cited the wrong bond issues to Multimedia. Under the provisions of Article XVII, Sections 17.1 of the Lease Agreements for the bond issues, Multimedia has the option, if all outstanding bonds have been paid, to purchase the facility from the City of Wichita for the sum of $100 for each of the bond issues. The City of Wichita on February 3, 1998, received documents from Hinkle, Eberhart and Elkouri for Multimedia to exercise its option to purchase the facility. Under the terms of the Lease, the City is required to convey the real property and facility securing the IRB issue to the Tenant, once the Tenant has paid the purchase price and other considerations as listed under the provisions of the Lease Agreement, including the payment of all outstanding bonds. The purchase price is $100 and other considerations as listed under the provision of the Lease Agreement to redeem and retire all outstanding bonds. This price includes without limitations, principal, interest, redemption premium, and all other expenses of redemption, and trustee fees, but after the deduction of any amounts described and provided for in the Lease Agreement and available for such redemption. The City is contractually bound to convey the IRB Project property to the Tenant by special warranty deed, once all the conditions established in the Lease have been met. Motion -- Knight moved that the Resolution be adopted; and the necessary documents to convey title be approved and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-050 A Resolution authorizing the City of Wichita, Kansas, to convey title to the property acquired, constructed, and installed with the proceeds of its Industrial Revenue Bonds, Series V, 1984 (Union Station Associates Project) and Series I, 1986 (Multimedia, Inc.) to Multimedia, Ind.; authorizing execution of a special warranty deed, bill of sale, and termination and release of lease; and authorizing the execution of all such other documents necessary to convey title to such property to Multimedia, Inc., presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. IRB - MULTIMEDIA ASSIGNMENT, DELEGATION AND ASSUMPTION OF IRB GUARANTY AGREEMENT (MULTI-MEDIA SECURITY SERVICES, INC. (District VI) Agenda Report No. 98-123. On February 10, 1998, the City Council approved the assignment of the lease and site lease for industrial revenue bonds (IRBs) issued in 1994 for the purpose of financing the Multimedia Security Service headquarters building located at Rock Island and Waterman in the Old Town section of downtown Wichita. The assignment of the IRB leases was requested by Multimedia Security to facilitate the purchase of its assets by Protection One Monitoring, Inc. By oversight, the action taken by the Council did not include the assignment of the Guaranty Agreement, which provides further security for the IRBs. Under the acquisition plan, Protection One will acquire ownership of the 1994 IRBs which were originally purchased by Multimedia and then later conveyed to Gannett International Communications when that company acquired the assets of Multimedia. To accommodate the transfer of bond ownership, Protection One is taking an assignment of the Guaranty Agreement securing the 1994 Bonds. Under the bond documents for the 1994 IRBs, the City's consent is required before documents can be assigned. There is no cost to the City caused by the requested action. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-051 A Resolution approving the assignment, delegation and assumption of guaranty agreement by and between Multimedia Security Service, Inc., a South Carolina Corporation and Protection One Alarm Monitoring, Inc., a Delaware Corporation, executed in connection with the issuance of the City's Taxable Industrial Revenue Bonds, Series XIX, 1994 (Multimedia Security Service, Inc.), dated December 1, 1994, in the aggregate principal amount of $4,200,000, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. FIREFIGHTERS RELIEF DECLARATION FOR PARTICIPATION IN FIREFIGHTERS RELIEF FUND FOR 1997. Agenda Report No. 98-124. The Declaration for Participation must be filed each year to allow the local Firefighters Relief Association to participate in the distribution of the State Firefighters Relief Fund Tax. Certification indicates that the Wichita Fire Department is a full paid, public fire department with 371 salaried firefighters, and has fire apparatus and necessary equipment that is in serviceable condition with a value of $20 million. Motion -- Cather moved that the Declaration for Participation in the Firefighters Relief Association for 1998 be approved and the Mayor be authorized to sign. Motion -- carried carried 5 to 0. (Gale, Knight; absent) PROPERTY ACQUISITION ACQUISITION OF DRAINAGE EASEMENT FOR 29TH STREET NORTH PAVING IN OAK RIDGE SECOND AND FOREST LAKES WEST ADDITION. (District V) Agenda Report No. 98-125. In order to retain and preserve a mature stand of trees along the south line of 29th Street North, the developer is proposing construction of a drainage/detention pond south of the existing street right-of- way and tree line. The developer has asked the City to purchase a drainage easement for the construction of the pond. The proposed easement area contains 1.61 acres. The owner of the property has agreed to sell the City the easement for $15,000 per acre for a total of $24,150. The easement cost of $24,150 will be assessed to the properties in the project's improvement district. The funding source is Special Assessments. Funds are available in the project budget. Motion -- Knight moved that the property acquisition be approved; the Easement be authorized; and the Mayor be authorized to sign the necessary documents. Motion -- carried carried 6 to 0. (Kamen absent) CONDEMNATION NOTICES REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 98-126. On February 2, 1998 the Board of Code Standards (BCSA) held a hearing on the following six (6) properties. These properties are considered dangerous and unsafe structures, and are being presented to schedule a condemnation hearing before the Governing Body. Improvement notices have been issued on these structures, however, compliance has not been achieved. Pre-condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove the following properties. Property Address Council District 1. 4134 E. Menlo 3 2. 783 N. Edwards 6 3. 833 W. Dayton 6 4. 519 S. All Hallows 4 5. 4715 W. Newell 4 6. 509 N. Doris 4 These structures have defects that under Ordinance No. 28- 251 of the Code of the City of Wichita, shall cause them to be deemed as dangerous and unsafe buildings, as required by State Statute for condemnation and consideration. Motion -- Knight moved that the Resolutions placing this matter on the agenda for a Hearing before the Governing body on April 7, 1998 at 10:00 a.m., be adopted. Motion -- carried carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-041 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lot 34, Block E, Hilltop Manor Addition to Wichita, Sedgwick County, Kansas, known as 4134 East Menlo, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-98-042 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lot 16, Sim Park Gardens Addition to Wichita, Sedgwick County, Kansas, known as 783 North Edwards in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-98-043 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 46 and 48 on Dayton Avenue, Glendale Addition to Wichita, Sedgwick County, Kansas, known as 833 West Dayton, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-98-044 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 25, 27, 29, and 31, Block 4, Dugan's Addition to Wichita, Sedgwick County, Kansas, known as 519 South All Hallows in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-98-045 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 1 and 2, Block 3, Orchard Park Addition to Wichita, Sedgwick County, Kansas, known as 4715 West Newell in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-98-046 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lot 9, Block 9, Fruitvale Park Addition to Wichita, Sedgwick County, Kansas, known as 509 North Doris in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. ADDENDUM ITEM PUBLIC HEARING RESOLUTION ORDERING A PUBLIC HEARING: WATER DISTRIBUTION SYSTEM TO SERVE THE RIVERVIEW AREA (WEST OF ARKANSAS AVENUE, SOUTH OF 53RD STREET NORTH). District VI) Agenda Report No. 98-133. Contaminated groundwater has been discovered in the Riverview area located west of Arkansas Avenue, south of 53rd Street North. Staff is working with the affected neighborhood to develop a project that will extend City water service to the area. In compliance with State Statutes, a Resolution has been prepared which orders a public hearing on March 17, 1998. The Resolution does not authorize the project - it only establishes the date of public hearing. The estimated project cost is $510,000, with the total assessed to the improvement district. The proposed method of assessment is the fractional basis. The estimated assessment to individual properties is $3,000 for lots of 22,000 or less square feet of area and $4,500 for lots over 22,000 square feet of area. State Statutes authorize the City Council to order in the project. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-052 A Resolution directing and ordering a public hearing on the advisability of an improvement, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First Read February 10, 1998) a. IRB - McCormick-Armstrong Co. (District VI) ORDINANCE NO. 43-701 An Ordinance of the City of Wichita, Kansas, authorizing the execution of a first amendment to lease agreement by and between the City of Wichita, Kansas, and McCormick-Armstrong Co., Incorporated, in connection with the project financed by the City's Industrial Revenue Bonds, Series XI, 1996 (McCormick-Armstrong Co., Incorporated), read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. b. Electrical Code. ORDINANCE NO. 43-702 An Ordinance amending sections 19.08.070, 19.08.090, 19.08.095 and 19.16.070 of the code of the City of Wichita, Kansas and repealing the originals thereof; creating sections 19.28.010, 19.28.020, 19.28.030, 19.28.040, 19.28.050, 19.28.060, 19.28.070, 19.28.080, 19.28.090, 19.28.100 and 19.28.110; all pertaining to the electrical code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. c. SCZ-0759 - East Side of 151st Street West, North of Kellogg Drive. (District V) ORDINANCE NO. 43-703 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. SCZ-0759 PLANNING AGENDA V-2056 V-2056 - REQUEST TO VACATE FIRE LANE EASEMENT LOCATED IN AN AREA AT 21ST AND NORTH OF AMIDON. (District VI) Agenda Report No. 98-127. Staff Recommendation: Approve vacation of fire lane easement. MAPC Recommendation: Approve vacation of fire lane easement. (unanimous) The Sweetbriar Shopping Center, when originally platted, provided a fire lane within an easement to provide assured access between proposed buildings within the center. Subsequently, plans have been changed in the configuration of the buildings. The Fire Department is working directly with the owners to assure accessibility of fire equipment in and around the proposed buildings. This is being done through the permitting process and it has been determined that the fire lane easement is both a restriction in the design and layout of the buildings, as well as no longer being needed. The Subdivision/Utility Committee and the MAPC both recommended the vacation be approved. No members of the public spoke in opposition to this request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- 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 6 to 0. (Kamen absent) Z-3265 Z-3265 - ZONE CHANGE REQUEST FROM "TF-3" TWO-FAMILY RESIDENTIAL TO "GO" GENERAL OFFICE LOCATED NORTH OF CENTRAL EAST OF SPRUCE AND WEST OF GROVE - HUNTER HEALTH CLINIC, INC. (District I) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-128. MAPC Recommendation: Approve, subject to platting within 1 year (12-0). Staff Recommendation: Approve, subject to platting within 1 year. CPO Recommendation: Approve (5-3). The applicant requests a zone change from "TF-3" Two-Family Residential to "GO" General Office for a .88 acre tract located north of Central between Spruce and Grove. The applicant is requesting a zone change to allow for expansion of the existing Hunter Clinic. A new building would be constructed as well as a parking lot. The application area is surrounded to the west and north with "TF-3" Two-Family Residential zoning. However, single family homes were built on these sites. To the south is Central with a commercial building located directly south of the existing Hunter Clinic across Central. While to the east there is a four lane stretch of Grove and a berm which separates this site with the homes to the east. The site plan provided by the applicant shows the westernmost building will be removed while the existing building closest to Grove will stay. A new two story structure containing 30,000 square foot of space, is proposed to be built along Grove using the lots north and east of the alleys. Parking is proposed to be constructed west of the existing structure, along Central, and north of the new building. A sculpture is to be placed in the center of this building site. The site plan also shows two access points along Spruce, Grove and Central. This decreases the number of access points to Central by one while increasing the number of access points to Spruce and Grove by one. The plan is illustrative only, and the issue of the use of the alleys for internal circulation will need to be reviewed by staff; vacation of all or some of these alleys may be needed or the plan revised. Traffic Engineering has suggested that the parking lot design should be altered to allow for better internal mobility, as well as limiting the potential conflict between traffic on Central and those persons in the southwest portion of the Hunter Clinic parking lot. The "GO" district was added to the Unified Zoning Code to "accommodate office development and other complimentary land uses" and is "generally compatible with the `Office' designation of the Wichita-Sedgwick County Comprehensive Plan." The "GO" district allows such uses as hotels/motels, medical service uses, funeral home in addition to offices. At the January 29, 1998, MAPC meeting, the owners of property to the north spoke about realtors' efforts to buy their property, declining property values, trash, noise, graffiti and loitering. The opposition also stated that they have brought the problems to the attention of the directors of Hunter Clinic. Hunter Clinic responded that these problems happened prior to the present day management. Hunter Clinic also felt that with this type of service facility these problems will exist, and the directors will try to correct any problems. After discussion, the commission voted (12-0) to approve the request subject to platting the property within one year, as recommended by staff. There have been no protest petitions filed for this case. Council Member Rogers Council Member Rogers said he hoped any condition regarding graffiti and keeping up with the property would be enforced. It would also be appreciated if OCI would be notified for monitoring if problems occur. Council Member Cole Council Member Cole said she hoped graffiti would be taken care of immediately. Motion -- Rogers 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 6 to 0. (Kamen absent) CU-464 CU-464 - REQUEST FOR A CONDITIONAL USE TO ALLOW GENERAL CHILD CARE SERVICES ON THE SOUTH SIDE OF LYDIA AND WEST OF SENECA - WESTSIDE UNITED METHODIST CHURCH. (District IV) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-129. MAPC Recommendation: Approve, subject to conditions (10-0-1). Staff Recommendation: Approve, subject to conditions. CPO Recommendation: Approve (7-2). The applicant requests a Conditional Use to allow a general day care center on a .69 acre platted lot located north of Lydia and west of Seneca. The area immediately to the north and west is zoned "SF-6" Single-Family Residential and is developed with single-family residences. The area to the east is zoned "SF-6" Single-Family Residential and "LC" Limited Commercial and is developed with single- family residences and commercial property. South of this property the area is zoned "SF-6" Single-Family Residential and "TF-3" Two-Family Residential and is developed with single- family homes. The applicant's site plan shows a proposed 3,000 square foot day care center to the east of the existing church. There is a four foot chained link fence surrounding the existing playground where the proposed building will be built. The Unified Zoning Code defines general day care centers as "an establishment that provides care, protection, and supervision for more than 10 individuals at any on time, including those under the supervision or custody of the day care provider and those under the supervision or custody of employees." The proposed day care facility will serve children between the ages of 1 to 12 years. The facility will operate between the hours of 6:30 a.m. and 6:30 p.m. In the future, the hours of operation might be extended to midnight in order to serve persons working the 2nd shift. Any outdoor play after 6:30 p.m. would require a variance of the zoning code, which would be approved by the Board of Zoning Appeals. At the January 29, 1998, MAPC meeting, opposition to this Conditional Use spoke about the increased traffic associated with the day care facility as well as the potential of traffic at late hours, if the day care facility remained open until 12 p.m. After discussion, the Planning Commission voted (10-0-1) to approve the request subject to conditions, as recommended by staff. Protest petitions were filed for this request, and so this case must be reviewed and a final decision made by the City Council. Motion -- Gale 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 and the Conditional Use be approved; -- carried and the Ordinance be placed on first reading. Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance authorizing a conditional use to allow a general day care facility on .69 acres zoned "SF-6" single-family on certain lands located in the City of Wichita, Kansas, under the authority granted by the Wichita-Sedgwick County Unified Zoning Code, Section V-D, as adopted by City of Wichita Code Sec. 28.04.010, introduced and under the rules laid over. DP-191 DP-191 - AMENDMENT #8 TO THE WILSON PROPERTY COMMERCIAL COMMUNITY UNIT PLAN (DP- 181), LOCATED SOUTH OF 21ST STREET NORTH ON THE EAST SIDE OF TARA CIRCLE. (District II) This Item was taken up earlier in the meeting. Action is shown below.) (Council Member Ferris absent) Motion -- Knight moved that this Item be deferred to March 3, 1998, when Council Member -- carried Kamen can be present. Motion carried 5 to 0. (Ferris, Kamen; absent) (Council Member Ferris present) A 98-6 A 98-6 - REQUEST TO ANNEX PROPERTY GENERALLY LOCATED WEST OF MAIZE ROAD AND SOUTH OF 19TH STREET NORTH. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-131. Mr. Jeff W. Bannon requested that property under his ownership be annexed into the City of Wichita. The tract is approximately 1.69 acres in size and is located west of Maize Road and south of 19th Street North. The proposed tract is in the process of being platted; the final plat went before the Metropolitan Area Planning Commission (MAPC) on January 29, 1998. The site plan submitted with the application shows two 7,000 ± square foot offices to be set on the back portion of the subject property. The plan also shows an area designated for a 30 foot ingress/egress easement along the southern property line for use by the property owners to the west of the site. The property is in a developing residential area. The property is zoned "SF-20" Single-Family Residential to the east and south, and is either developed as single-family residences or platted for such use. To the west and north of the application area, and including the application area, is a 40 acre island of property still in the County, and which remains zoned "SF-20." The Westlink Christian Church has ownership of approximately 34 of these 40 acres located north and northwest of the application area, with Kirk Excavating Service, Inc. and Mr. and Mrs. Kirk owning the balance of the 40 acres, and located to the west of the subject property. To the south, across a 30 foot easement, is a 1.4 acre drainage reserve (Reserve B) for the Windwood Addition. A zone change from "SF-20" Single-Family Residential District to "NO" Neighborhood Office District, was approved for this site by the Board of County Commissioners on September 24, 1997. Municipal water and sewer service is located south of the site, and is available for extension. The property has access to Maize Road, a 4-lane arterial, with existing traffic volume of approximately 5,071 (this count was taken July 13,1995 when Maize was under construction, it is more then likely that the traffic count is underestimated. A new traffic volume count is scheduled for the spring) average daily trips (ADT) ½ mile south of 21st Street North. An improvement project to widen Maize between 13th Street North and 21st Street North to four lanes was let in December 1996 and completed in August 1997. The 2020 Transportation Plan projects traffic along Maize to increase to approximately 11,040 ADT for this segment. Fire protection can be extended to the site within a 5 minute response time from City Fire Station No. 16, located at 1632 North Tyler Road. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department. The property is located in School District 266 (Maize District). This property is located within the urban growth area of the City of Wichita as delineated by the comprehensive plan for the metropolitan area, and is also inside the Policy 32 urban service area. The property is located within an area that can be served with city water or sewer services. The property owner will be responsible for the cost of connecting to water and sewer when the services are requested and are available. The property owner of WCC Addition has projected a total estimated value of $1,000,000 for the proposed office use of the property. The properties are eligible for annexation under K.S.A. 12- 520 (7) of State Law. Motion -- Ferris moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A 98-6 A 98-1 A 98-1 - RESOLUTION TO ESTABLISH A FUTURE PUBLIC HEARING FOR THE ANNEXATION OF CERTAIN ELIGIBLE PROPERTIES GENERALLY LOCATED BETWEEN GREENWICH ROAD AND 127TH STREET EAST ON THE NORTH AND SOUTH SIDES OF CENTRAL. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-132. This resolution involves the unilateral annexation of certain unplatted properties adjoining Wichita's current city boundary. Several months ago, surrounding properties in the Gilder's Gardens, Gott, Brown and Cummin, Gilder's Replat and White's Replat additions, to the south of this annexation, were approved for unilateral annexation by the City Council. This occurred on November 4, 1997, and the annexation became effective on November 28, 1997. This is a second unilateral annexation in this vicinity. This annexation will bring into the City properties that were ineligible before because they were unplatted. As unplatted properties, they needed to be touching the city limits in order to be annexed. With the previous annexation having occurred, they now do. Therefore, the City of Wichita is now prepared to proceed with the annexation of these remaining properties. At a later date, the City will seek to annex, in a third unilateral action, two remaining unplatted tracts which currently do not adjoin the city's boundary. Other properties in nearby subdivisions that had annexation petitions on file, i.e., Balthrop Farm (Preston Trails), White Tail, Cobblestone (and minor replats within) and Rocky Creek, have recently been brought into the City of Wichita. The annexation of these subdivisions became final upon publication of the ordinance on February 13, 1998. As the subject case involves a unilateral annexation, a public hearing must be held between 60 and 70 days from the adoption of this resolution. The resolution expresses the City of Wichita's interest in annexing these eligible properties, and establishes a public hearing date of April 28, 1998 at 7:00 p.m. at the New Life Christian Church, 11441 East Central, Wichita, Kansas. The adoption of this resolution will not result in any additional expenses for the City of Wichita. Since this annexation includes properties whose owners have not petitioned for water service of annexation, State law requires the adoption of this resolution by the Wichita City Council along with other public notice devices. The resolution indicates the intent to annex, describes the property and gives notice of the time and place for the public hearing to consider the matter. Copies of the resolution will be mailed, by certified mail, to all owners of the property proposed to be annexed within 10 days of the adoption of this resolution. In addition, the resolution will be published in the official City newspaper not less than one week nor more than two weeks prior to the public hearing date. The plan for the extension of municipal services to the proposed annexation is on file for public inspection in the City Clerk's office Motion -- Knight moved that the Resolution Setting a Public Hearing for 7 p.m., April 28, 1998, at the New Life Christian Church, 11441 East Central, be adopted. Motion -- carried carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-053 A Resolution declaring an interest in, and establishing a public hearing date for considering the annexation of certain lands to the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. OFF AGENDA ITEM TOUGH MAN CONTEST TOUGH MAN CONTEST. Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 6 to 0. (Kamen absent) Mayor Knight Mayor Knight stated that last Saturday, at Century II, the Tough Man contest was an event with distressing results. Mayor Knight asked that the City Manager and the Director of Law summarize the matter. Gary Rebenstorf Director of Law explained that, under State Law, there are provisions that the City or County may license or regulate boxing matches, at their discretion, within the City or the County. The City Council previously adopted an ordinance which authorizes this type of event. The match conduct was approved by the Athletic Commission, insurance was in place, and a doctor examined the participants. The injured party did receive medical attention. Mayor Knight Mayor Knight said he was not interested in being overly restrictive; however, he is very uncomfortable with these kinds of events. Mayor Knight stated that he would appreciate a report to the City Council concerning all aspects of this case. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending and potential litigation, legal advice, and contract negotiations; and matters relating to employer-employee negotiations; and the regular meeting be resumed no later than 11:45 a.m. in the City Council -- carried Chambers. Motion carried 6 to 0. (Kamen absent) RECESS Council recessed at 11:00 a.m. and reconvened in regular session at 11:45 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council Meeting adjourned at 11:45 a.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 165 FEBRUARY 24, 1998 Page 1