MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, July 1, 1997 Tuesday, 9:04 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Gale, 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 Elisha Berge, North Ash Church of the Nazarene. 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 June 24, 1997, were -- approved approved 4 to 0. (Knight abstained) (Ferris, Kamen; absent) *Council Member Kamen present. AWARDS AND PRESENTATIONS. PROCLAMATION Mayor Knight presented the Proclamation previously approved. PUBLIC AGENDA CHIP GRAMKE COMMENTS BY CHIP GRAMKE. Chip Gramke Chip Gramke, U.S.D. 259 Board Member, stated that the School Board had, by a 7 to 0 vote, expressed the School Board's desire to partner with the City Council and the County Commission to engage in open dialogue with the citizenry regarding community priorities. The School Board offered help and cooperation in the effort and is ready, willing, and able to take the steps necessary to bring the dialogue to fruition. Mayor Knight Mayor Knight expressed appreciation and agreed that it is time to discuss matters of common interest. NEW BUSINESS OLD TOWN CENTER REQUEST FOR A LETTER OF INTENT FOR TAXABLE INDUSTRIAL REVENUE BONDS - OLD TOWN CENTER, L.L.C. (District VI) Council Member Kamen declared a conflict of interest and left the Bench. Alan Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-557. Old Town Center, L.L.C., has requested issuance of a Letter of Intent to issue Taxable Industrial Revenue Bonds in an amount not to exceed $2.5 million. The bonds will finance the acquisition and renovation of property in the Old Town District, located at 800 East First. The tenant is not requesting an ad valorem tax abatement on the property. The building at 800 East First Street (currently referred to as the Maasco Building) will be primarily used for office space with some space available for retail. The building is a four-story building with 8,800 s.f. of leasable space on each floor. The building also has a 8,500 s.f. basement. The renovation will consist of all new heating and air-conditioning equipment and the removal of fire escapes and the installation of new windows on the north side of the building. The main entrance to the building will be on the west side of the building and there will be handicap access. Chapman Securities plans to occupy 5-6,000 s.f. on the top floor. The north half of the first floor will be office space and the remaining half will be retail space. The remaining floors will be renovated and leased depending on the tenants requirement for space. The total estimated costs of the project, and the sources of funding are as follows: Sources of Funds Bond Proceeds $2,500,000 Total Sources of Funds: $2,500,000 Uses of Funds Acquisition $ 350,000 Renovation Costs 2,040,000 Bond Reserve 25,000 Cost of Issuance 85,000 Total Uses of Funds: $ 2,500,000 It is anticipated that the bonds will be underwritten by Chapman Securities, Inc. of Wichita and publicly reoffered to investors. Bond Counsel for the transaction is the firm of Hinkle, Eberhart and Elkouri L.L.C., Wichita. Old Town Center agrees to submit an Equal Employment Opportunity/ Affirmative Action Plan and a Water Conservation Plan to the City as a condition for the issuance of the bonds. Old Town Center agrees to pay all costs of issuing the bonds and does not request an abatement of ad valorem property taxes in conjunction with the issuance of the bonds. Old Town Center requests a waiver of the City's $2,500 annual administrative service fee for the term of the bonds. The City's IRB policy, which provides that an administrative service fee be paid annually for the term of the bond issue, has never been waived. Staff recommends against granting a waiver of the administrative service fee. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the issuance of a letter of intent be approved and the Mayor be authorized to sign a Letter of Intent to Old Town Center, L.L.C., for Taxable Industrial Revenue Bonds in an amount not to exceed $2.5 million, subject to the following conditions: 1. Negotiation of a Lease Agreement, Trust Indenture and Bond Ordinance. 2. Arrangements have been made for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds are in place. 4. Agreement to pay the City administrative fees of $2,500 per year for as long as the bonds are outstanding. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. An approved Equal Employment Opportunity/Affirmative Action Plan is on file with the City prior to issuance of the bonds. 7. An approved Water Conservation Plan is on file with the City prior to issuance of the bonds. 8. Agreement to submit building and site plans to CART (City manager's Ascetic Review Team) for review and to modify the proposed design to comply with any reasonable CART conditions or recommendations. 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA will be conducted by and independent consultant who is a recognized expert in the area. Multi-Family Housing Revenue Bonds will not be issued if the ESA discloses environmental conditions that might have implications for bond purchasers under the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 10. Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual financial statements to the City. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the bonds. 14. Applicant is encouraged to utilize Minority-owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. -- carried Motion carried 5 to 0. (Ferris, Kamen; absent) Council Member Kamen present. UNITED MACHINE PUBLIC HEARING AND TAX EXEMPTION REQUEST - UNITED MACHINE COMPANY, INC. (District I) Alan Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-560. On October 10, 1995, the City Council approved an application for a 100% tax exemption, as authorized by the State Constitution, for an expansion project by United Machine Company, Inc. The expansion project consisted of the purchase of machinery and equipment at a cost of $1,167,000 to be implemented in two phases. Subsequent to the submission of an exemption application to the State Board of Tax Appeals, (B.O.T.A.), the application was denied by B.O.T.A. because of, among other reasons, the stated competition date of the total project was to occur in 1998 and the Cost/Benefit Analysis performed by Kansas University was dated after the Council's consideration of the item and did not adequately identify the cost and benefits of the project to the State of Kansas. To correct these conditions, the project is being submitted for reapproval and each phase will be independently submitted for Council approval. United Machine Company, Inc. (United), manufactures a variety of small and medium-sized precision machine parts used in the manufacture of aircraft. United, located at 602 North Hydraulic, is re-requesting a tax exemption on the $322,000 first phase of the expansion project, consisting of the purchase of machinery and equipment listed below. United Machine has been engaged in the manufacture of machined bolts, shafts, fittings and other parts since 1968. United has 17 employees and expects to add another 7 new employees over the next 3 years. The $322,000 first phase of the expansion project consists of the following equipment purchases: *AL 225 Lathe $172,000 *CNC Machining Center 150,000 Total: $322,000 A notice of public hearing has been published. United Machine will maintain a City of Wichita approved EEO/AA Plan for the full term of the Tax Exemption. The Business Incentives policy provides for an eligible 100.0% tax exemption for five years on the personal property. The estimated first year taxes on United's proposed $322,000 project under the 1996 mill levy on property Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the public hearing be closed and the Ordinance granting a 100 percent tax exemption for five years on the equipment purchased for the first phase of the expansion project be placed on first reading. Motion carried -- carried 6 to 0. (Ferris absent) ORDINANCE An Ordinance exempting property from ad valorem taxation for economic development purposes pursuant to Article 11, Section 13, of the Kansas constitution; providing the terms and conditions for ad valorem tax exemption; and describing the property of United Machine Company, Inc., so exempted, introduced and under the rules laid over. SENECA STREET SENECA STREET IMPROVEMENT, PAWNEE TO KELLOGG. (District IV) Mike Lindebak City Engineer reviewed the Item. *Council Member Ferris present. Agenda Report No. 97-561. The Capital Improvement Program includes funds to reconstruct and widen Seneca, from Pawnee to Kellogg (CIP No. MS-9604, page 55(. CPO Council 4 considered the project on June 12, 1997. The Council voted 7-1 to recommend approval. the Kansas Department of Transportation (KDOT) has agreed to participate in the project funding. A City/State Agreement has been prepared. The project consists of: (1) Widening Seneca to five lanes, except at the Central Kansas Railway tracks near Walker, (2) Improving drainage, and (3) Landscaping the available right-of-way. The estimated project cost is $4,350,000, with $1,590,000 funded by the City and $2,760,000 by federal funds administered by the State. the funding source for the City share is General Obligation Bonds. Mike Lindebak City Engineer stated that Staff is working to have two-way traffic through construction. Council Member Kamen momentarily absent. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Gale moved that the Project be approved, the Ordinance be placed on first reading, the Agreement be approved and the Mayor be authorized to sign. Motion -- carried carried 7 to 0. ORDINANCE An Ordinance declaring Seneca Street, from Pawnee to Kellogg (472-82847) 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. JOINT FIRE MAINTENANCE JOINT CITY-COUNTY FIRE MAINTENANCE AGREEMENT. Chris Cherches City Manager reviewed the Item. Larry Garcia Fire Chief reviewed specifics of the agreement and numbers of responses to fire calls by the Departments. Council Member Ferris momentarily absent. Agenda Report No. 97-562. On April 16, 1996, the City Council approved a 12-month (pilot) program to evaluate functional consolidation of the City and County's fire fleet. The intent of this pilot program was to determine the feasibility of merging City and County maintenance operations to improve operational efficiency and reduce maintenance costs. The program has proven to be successful. It is being requested that this joint operation be continued for an additional year to determine if such consolidation of maintenance should be made permanent. and how such should be accomplished. The City/County joint maintenance operation is located at the City's fire maintenance facility at 500 South Topeka. The facility has the capacity to accommodate the increased maintenance activities for both City and County fire departments. The initial trial period involved bringing County maintenance personnel and equipment to the City's maintenance facility. The varying compensation/benefit programs were handled separately for both City and County personnel. Recovery of all costs associated with this project was worked out between both departments. The County has reimbursed the City for parts, materials and services utilized in the repair, service and management of County fire fleet. In addition, the County has shared in its portion of the overhead costs (i.e. utilities, etc.). The proposed Agreement extends the operational and cost- sharing practices initiated under the first year's pilot program. Recovery of all costs associated with this Agreement is assured. The County continues to be financially responsible for reimbursing the City for its parts, materials and services. The county will continue to pay for its share of overhead costs. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the extension of the City/County Fire Maintenance Agreement be -- carried approved and the Mayor be authorized to sign. Motion carried 7 to 0. ADDENDUM ITEM 8a ART MUSEUM BOARD ORDINANCE PERTAINING TO WICHITA ART MUSEUM BOARD MEMBERS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-584. Charter Ordinance No. 119 provides that the Wichita Art Museum Board shall consist of seven members appointed by the City Council. In 1995, the City Council amended the Art Museum ordinances to provide that two of the members would be nominated by the Friends of the Wichita Art Museum organization. The Ordinance repeals that special process and returns the appointments to the original structure. The proposed Ordinance amending Section 2.12.090 provides that the Art Museum Board shall consist of seven members appointed by the City Council and repeals special language adopted in 1995 to handle the transition in change in membership and appointment. The declaration of emergency is provided so that the new appointments to the board can be made immediately. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the Declaration of Emergency be approved and the Mayor be authorized to sign; and the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001; and all -- carried appointments be deferred two weeks. Motion carried 7 to 0. ORDINANCE NO. 43-518 An Ordinance pertaining to membership of the Wichita Art Museum Board, amending Section 2.12.090 and repealing the original of Section 2.12.090 and also repealing Section 2.12.080. Kamen moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. (The Council proceeded to take up the City Council and Consent Agenda Items, and then returned to Items 3 and 4. Action is shown in Agenda Order.) INNES STATION PUBLIC HEARING ON TAX CREDITS AND REQUEST FOR LETTER OF INTENT FOR MULTI-FAMILY (Item No. 3) HOUSING REVENUE BONDS - INNES STATION PARTNERS, L.L.C. (District VI) Council Member Kamen declared a conflict of interest and left the Bench. Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-558. On May 20, 1997, the City Council approved a $500,000 HOME Grant to Innes Station Partners, L. L. C. for the conversion of an Old Town warehouse into an 80-unit multi-family housing project. Innes Station Partners has now requested issuance of a Letter of Intent to issue multi-family housing revenue bonds in an amount not to exceed $3.7 million. The bonds will finance a portion of the acquisition and renovation costs of the project. The tenant is not requesting an ad valorem tax abatement on the property. Innes Station Partners has also indicated their intention to apply to the Kansas Department of Commerce and Housing for an allocation of low income housing tax credits in conjunction with the issuance of the multi-family housing revenue bonds. Innes Station Partners has mailed notices to the owners of surrounding properties in compliance with the City's tax credit policy, informing them that the City Council will consider whether or not to support the application for tax credits. Innes Station Partners has provided a 7-day notice of public hearing to all property owners within 200 feet of the project which included advice that if the public hearing could not be attended, written comments could be provided to the City Clerk's Office not later than 4:00 p.m. on the business day preceding the public hearing. In conjunction with the 7-day notice, Innes Station Partners has provided the Director of Human Services with a certified copy of properties located within the notice area. The 7-year-old warehouse at 701 East First Street will be converted into 80 one and two bedroom units consisting of 16 HOME Assisted Units and 64 Market Rate Rental Units and will rent for $352 to $697 per month. The one-bedroom units will contain from 850 to 1,100 sq. ft. and the two-bedroom units will contain up to 1,450 sq. ft. Under the federal tax code provisions governing the use of tax-exempt bonds to finance multi-family housing projects, the project must reserve either 20% of its units for families earning less than 50% on the area's median income, or 40% of the units for families earning less than 60% of area median income. The developer has elected to follow the 20%-50% requirements. The total estimated costs of the project, and the sources of funding are as follows: Sources of Funds Bond Proceeds $ 3,666,334 Home Funds 500,000 Borrower's Equity 1,225,000 Total Sources of Funds: $ 5,391,334 Uses of Funds Acquisition of Real Estate $ 600,000 Rehabilitation Costs 4,291,334 Bond Reserve 200,000 Credit Enhancement 100,000 Cost of Issuance 100,000 Miscellaneous 100,000 Total Uses of Funds: $ 5,391,334 It is anticipated that the bonds will be purchased by Smith Hayes Financial Services of Lincoln, Nebraska. Bond Counsel for the transaction is the firm of Gilmore and Bell, Kansas City. Innes Station Partners agrees to submit an Equal Employment Opportunity/ Affirmative Action Plan and a Water Conservation Plan to the City as a condition for the issuance of the bonds. Under the federal tax code and state regulations governing the allocation of low income housing tax credits, an affordable housing project that is financed with tax-exempt bonds can receive an allocation of tax credits on a non-competitive basis, once the bonds are issued. Developers who receive allocations of tax credits normally sell the tax credits to individuals or companies who are in the market for tax shelters. Full tax credits sell for between 50 and 60 cents on each dollar of tax credit face value. The federal tax code allows the holder of tax credits to subtract up to 70% of the cost of developing the affordable units from their federal income taxes, spread over a 10-year period. The total dollar amount of full tax credits is limited on a state-by-state basis and states allocate the amounts available on a competitive basis. However, if the tax credits are use in conjunction with tax- exempt bonds, the cost basis for computing the tax credits is reduced to 30% to avoid "double-dipping" on federal subsidies. Innes Station Partners, agrees to pay all costs of issuing the bonds and to pay the City's $2,500 annual administrative service fee for the term of the bonds. Innes Station Partners does not request an abatement of ad valorem property taxes in conjunction with the issuance of the bonds. David Burk David Burk, Managing Partner of Innes Station Partners, L.L.C., said the project is needed in the Old Town area and that the project would not go forward if the request is not approved. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Cole Council Member Cole stated that people living in the area are needed to stabilize the area. This is another step needed in the Old Town area. Motion -- Cole moved that the public hearing on tax credits be closed; a letter of support for low income housing tax credits, modification of the HOME project to replace condominiums with market and affordable rate units; and the issuance and authorization for the Mayor to sign a Letter of Intent to Innes Station Partners, L.L.C., for Multi-Family Housing Revenue Bonds in an amount not to exceed $3.7 million be approved, subject to the following conditions: 1. Negotiation of a Lease Agreement, Trust Indenture and Bond Ordinance. 2. Arrangements have been made for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds are in place. 4. Agreement to pay the City administrative fees of $2,500 per year for as long as the bonds are outstanding. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. An approved Equal Employment Opportunity/Affirmative Action Plan is on file with the City prior to issuance of the bonds. 7. An approved Water Conservation Plan is on file with the City prior to issuance of the bonds. 8. Agreement to submit building and site plans to CART (City manager's Ascetic Review Team) for review and to modify the proposed design to comply with any reasonable CART conditions or recommendations. 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA will be conducted by and independent consultant who is a recognized expert in the area. Multi-Family Housing Revenue Bonds will not be issued if the ESA discloses environmental conditions that might have implications for bond purchasers under the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 10. Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual financial statements to the City. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal employment Opportunity/Affirmative Action goals, during the term of the bonds. 14. Applicant is encouraged to utilize Minority-owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. -- carried Motion carried 5 to 1. Lambke - No. (Kamen absent) Council Member Kamen present. BLUE WATER BAY Public Hearing on Tax Credits and Request for a Letter of Intent for Multi-Family (Item No. 4) Housing Revenue Bonds - Blue Water Bay Apartments, L.P. (District I) Alan Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-559. Blue Water Bay Apartments, L.P., has requested issuance of a Letter of Intent to issue multi-family housing revenue bonds in an amount not to exceed $12.3 million. The bonds will finance the construction of 240 apartment units to be located on the southeast corner of 29th Street North and Woodlawn in northeast Wichita. The developer has also indicated its intention to apply to the Kansas Department of Commerce and Housing for an allocation of low income housing tax credits in conjunction with the issuance of the multi-family housing revenue bonds. The developer has mailed notices to the owners of surrounding properties in compliance with the City's tax credit policy, informing them that the City Council will hold a public hearing to consider whether to support the application for tax credits. The 240 apartment units will consist of 76 one-bedroom, one- bath units of approximately 750 s.f.; 140 two-bedroom, two-bath units of approximately 950 s.f.; and 24 three-bedroom, two-bath units of approximately 1130 s.f. 144 units will be restricted to persons who earn 60% or less of the medium income and rented per the guidelines of Section 42 Low-Income Housing Tax Credit Program. The remaining 96 units will be rented at market rate. The units will reflect a contemporary Cape Cod/Victorian style architecture constructed of maintenance free, long life materials such as painted cement fiber board with a 50-year product warranty. Each dwelling unit will have large rooms, large expanses of windows, linen storage, pantries, spacious kitchens, adjacent outside storage, washer/dryer space and walk-in closets. All ground floor units will be handicapped accessible and adaptable for cabinet height adjustments and grab bars. The complex will include a swimming pool, a community laundry facility and equipped playground area. The total estimated costs of the project, and the sources of funding are as follows: Sources of Funds Bond Proceeds $12,300,000 Federal Credits 1,743,697 Developer Fees 603,051 Total Sources of Funds: $14,646,748 Uses of Funds Land $ 725,000 Construction 12,192,748 Issuance/Legal 1,329,000 Contingency 400,000 Total Uses of Funds: $14,646,748 An underwriter has not yet been selected for the bond issue. Bond Counsel for the transaction is the firm of Gilmore and Bell, Wichita. Blue Water Bay Apartments agrees to submit an Equal Employment Opportunity/ Affirmative Action Plan and a Water Conservation Plan to the City as a condition for the issuance of the bonds. Under the federal tax code and state regulations governing the allocation of low income housing tax credits, an affordable housing project that is financed with tax-exempt bonds can receive an allocation of tax credits on a non-competitive basis, once the bonds are issued. Developers who receive allocations of tax credits normally sell the tax credits to individuals or companies who are in the market for tax shelters. Full tax credits sell for between 50 and 60 cents on each dollar of tax credit face value. The federal tax code allows the holder of tax credits to subtract up to 70% of the cost of developing the affordable units from their federal income taxes, spread over a 10-year period. The total dollar amount of full tax credits is limited on a state-by-state basis and states allocate the amounts available on a competitive basis. However, if the tax credits are use in conjunction with tax- exempt bonds, the cost basis for computing the tax credits is reduced to 30% to avoid "double-dipping" on federal subsidies. Blue Water Bay Apartments, agrees to pay all costs of issuing the bonds and to pay the City's $2,500 annual administrative service fee for the term of the bonds. Blue Water Bay Apartments does not request an abatement of ad valorem property taxes in conjunction with the issuance of the bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard. James Moore James Moore, Director of Public Relations with Zimmerman/Wilhoit, said the goals were to provide quality affordable housing to hard working citizens, and to provide social, racial, and economic diversity. Mr. Moore said the housing need exists. The land is currently zoned for apartments and District I has the least amount of affordable housing. Zimmerman/Wilhoit is in six states and have considerable experience (founded in 1967) in this area. The preference is to have tax exemptions and 240 units. If this is not approved, the Company will move ahead with 330 units and a greater density. If a tax exemption is approved, only apartments are planned. If market rate development is necessary, options will be kept open. The property is valuable and, if necessary, market rate development will move ahead. The current plans are for walking and bike paths and a recreation area around the lake area. The Company would work with neighbors for mutual benefit of residents. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Responding to questions, Mr. Moore said he is confident that occupancy would be in the mid 90 percent with market-rate apartments because of the larger market. Elizabeth Bishop Elizabeth Bishop, Wichita Independent Neighborhoods, Inc., read a letter from James Roseboro, which was in opposition to the proposed project. Concern was that the proposed project does not fit the surrounding development, adds too much multi- family housing to the area, and includes too many low/moderate-income units in one development. Beverly Price Beverly Price, 6736 East Pepperwood Court, expressed the following neighborhood concerns: increased traffic congestion, decreasing surrounding residential property values, liabilities concerning the pond and children, documents requested from the developer but not received, developer not acting in good faith. Ms. Price asked that the City Council work with the neighborhoods and the area with zoning. John Wells John Wells, president of Wesley Retirement Communities, Inc. and Larksfield Place, spoke in opposition to the plan. The density creates a problem for the whole of the neighborhood. Traffic and safety, traffic growth, and traffic flow problems will be increased. The urban wild-life area is dangerous to children. The new traffic projections do not take into account the Great Plains Nature Center project and expansions of Thorn America, Koch, Bradley Fair, etc. Mr. Wells asked that IRBs or tax credits not be approved. Joe Dunlevy Joe Dunlevy, 2420 Bromfield, stated that the Northrock area is growing quite well and the use of taxpayer funds to continue development is not necessary. There is not a need to subsidize affordable housing in the area. Cross Creek apartments (three blocks away) serves the same market. The available vacancies in the immediate area already exceeds that of traditional market rate. Cheryl Esau Cheryl Esau, Regional Property Manager for Midland Management (including Cross Creek Apartments), said Cross Creek apartments include Section 42 apartments and accommodate the low-income group. Additional apartments would force rental rates down. Cross Creek Apartments now have ten percent availability which compares to three percent in other market areas. Frances Crowley Frances Crowley, 5706 East 20th, said the neighborhood west of Woodlawn and east of Oliver has six large apartment complexes whose rents are all lower than the complex under consideration. In addition, there are 300 units for low-income seniors and disabled. At housing conferences, one of the facts presented over and over is that neighborhoods tend to decline rapidly when the number of rental units exceeds 50 percent. Ms. Crowley spoke in support of increased screening of multi-family projects and consideration of notifying homeowners and neighborhood associations being a legal requirement. Erin Syring Erin Syring, 2736 North Brushwood Court, former assistant prosecutor with the City of Wichita, said that as multi-family units increase, crime rises. Ms. Syring said she had checked into other apartments owned by the Company Mr. Moore represents and his assurances that crime is not an issue in his apartments are untrue. Mr. Moore is unwilling to stand behind his promises. Mike Jones Mike Jones, 2338 Hathaway Circle and member of the Sycamore Village Homeowners' Association, stated that the nearby school cannot handle more students. Property values, the end result of all issues, end up being driven down. People in areas such as this cannot sell their homes. Low income residents are not the main focus. Any multi-family use is inappropriate. Mr. Jones asked that there be no approval of bonds or tax credits; and that the City look for long-term development. Development should do something more in keeping with the neighborhood. Also, Mr. Moore, at the last CPO meeting, said that if the development was not wanted, the developer would move on. Om Pal Chauhan Om Pal Chauhan, 31 Laurel, spoke in 100 percent agreement with the speakers against the project. The project would serve the developer only. When low- income housing is put in, crime increases. Council Member Gale momentarily absent. Antonio Patton Antonio Patton, 7130 East 27th North, stated that, when looking for a home to buy, he looked for a clean, quiet, coherent heighborhood. This project would cause what he found to cease. Mr. Patton asked that the project not be approved. Marvin Krout Director of Planning, responding to questions, said that, in general apartments generate six to eight trips per day per dwelling unit so 240 apartments would generate approximately 1,700 trips which compares to about 500 to 600 cars a day that would be generated by single-family development. When the area develops, in some way some amount of traffic will be generated. Multi-family would generate about two to three times as much traffic as single-family would generate. The 1,700 trips will go in all directions and relatively few of the trips will find their way to Woodlawn. Most trips will be to 29th Street or to the south or the east. By the time traffic would get to Rock Road, maybe 300 to 400 cars per day would be added either north or south of 29th on Rock Road (about a one percent increase in traffic on Rock Road). When traffic projections are done, an attempt is made to account for undeveloped land. It is believed that all of the projected increases have been factored in the year 2000 traffic increase. Based on the adopted levels of service in the Traffic Plan, both Woodlawn and 29th Streets (the nearest streets to be impacted) are operating today at below the capacity of the roadways. Twenty Ninth Street is scheduled for widening to the west of Woodlawn. Projections to 2020 also indicate that this traffic is expected in the future and is part of projections. Both roads are expected to be under the capacity of roadways as built today and as planned west of Woodlawn. Council Member Ferris momentarily absent. There was a County zoning case where a claim by a realtor was made that Windemere Apartments had depreciated the values of properties in the Tallgrass area. The Tax Appraiser ran the sales before and after the construction of Windemere Apartments, looked at the newer single-family homes that were facing Windemere and directly visible, and compared Tallgrass to other neighborhoods in the general area in terms of appreciation. The results were that those homes that were potentially most affected by Windemere appreciated and sold at the same values as other single-family homes in Tallgrass and other single family homes in the area. The Tax Appraiser would caution that that was a specific study. It is very difficult to make generalizations. There were buffers such as the golf course that separated the homes to the south and the west. Each case has to be considered on its own merits. A lot has to do with long-term maintenance and management of apartments. It is true that all three of the schools in this area are considered to be at capacity or above. Any development will have some impact on the schools. National statistics were used to calculate the estimated school children that would be generated by this project. Based on that calculation, if the bedroom count of multi-family homes is moderate, one-bedroom or two-bedroom apartments will generate fewer school children than single-family homes. On average, a project such as this with a mix of one and two bedroom apartments, only one- fourth or fewer the number of school children may be generated than a single- family home project. The multipliers on this project showed about an average of two-tenths of a school child per drawing unit times 240 drawing units for a total of about 37 school children. If forty-seven single-family homes of a typical dwelling unit density were factored, the result would be a total of about 41 school children. The developer indicated that he had used .25 as a multiplier which resulted in about 60 school children being generated and distributed among thirteen grades. That also assumes that everyone moving in has not previously lived within that school system and that all are going to public school. Mike Watson Police Chief stated that, generally, single-family housing has a lower crime rate than multi-family. Home owners have a lower crime rate than rental units. In this instance, a similar complex, Cross Creek, has a low crime rate. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Council Member Rogers Council Member Rogers stated that personal feels are not the issue - at issue are feelings coupled with the facts. The Tax Credit Program was set up by the Federal Government to provide incentives for developers and the developer wants to take advantage of the program. A list from the Housing Department indicates the vacancy rates in these places which fluctuate, depending on circumstances. The high vacancy rate of any of the subsidized units across the City is only about ten percent. District I has the lowest percentage of affordable housing and additional housing is needed. The land is zoned appropriately and, even if a process of rezoning were initiated, that particular land could presently be built as multi-family development. The courts have generally upheld that zoning cannot be changed after land has been purchased with a specific purpose in mind as dictated in the zoning, platting, CUP, and so forth. Council Member Rogers sent he sent someone to look at developments that Zimmerman/Wilhoit has in Tulsa and in Oklahoma City. Council Member Rogers spoke with the head of a homeowners association in an area between Oklahoma City and Edmond, an area very similar to Wichita in terms of cost, and the homeowners' association supported Zimmerman/Wilhoit. There are too many nebulous measures involved in assessing crime to use that as an assessment. There is a need and tax credits should be supported. Additionally, all of the other specifics that have been discussed can be built in. The community is the City as a whole. At other meetings where tax credits are sought for 100 percent affordable housing projects, only the people living right adjacent to the properties are at the meetings. If there is an over-all commitment about what ought to happen in the City of Wichita, then tax credits ought to be fought. But, this is a Federal program which everybody uses and the issue is whether or not this is a reasonable project which is needed in the public good. Another thing, $19,000 to $30,000 not low-income. Income has nothing to do with good neighbors or good hearts. Mayor Knight Mayor Knight said this project is not a compelling public purpose for the city of Wichita. The project has been almost unanimously opposed by the people nearby who are affected. There is no way the project should get support for tax credits or bonds with the level of opposition voiced. The City Council cannot turn its back on 100 percent concern. This is a time when the City needs to continue to be connected to the citizens. Council Member Kamen Council Member Kamen stated that District II has a number of these developments which have worked well and he could see no reason to not approve. Council Member Ferris Council Member Ferris stated that there are five apartments in his district with little or no problems. If the developer is going to building apartments, then it is in the public interest to approve tax credits and bonds which would allow City dictation on density, architecture, aesthetics, and things of that nature. Council Member Lambke Council Member Lambke said he is opposed to tax credits - especially in this case. The developer has promised to proceed with development anyway. The requests of the neighbors should be honored with denial for the project. Council Member Rogers Council Member Rogers said the neighbors feel that the developer will not build if tax credits are not approved. The developer has stated the apartments will be built with even greater density if the tax credits are not approved. A bonding agreement could be required which would place as many restrictions as possible. Motion -- Rogers moved that the public hearing be closed; a letter in support of tax credits be authorized; and a Letter of Intent be authorized to Blue Water Bay Apartments, L.P., for Multi-Family Housing Revenue Bonds in an amount not to exceed $11.8 million, should be subject to the following conditions: 1. Negotiation of a Lease Agreement, Trust Indenture and Bond Ordinance. 2. Arrangements have been made for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds are in place. 4. Agreement to pay the City administrative fees of $2,500 per year for as long as the bonds are outstanding. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. An approved Equal Employment Opportunity/Affirmative Action Plan is on file with the City prior to issuance of the bonds. 7. An approved Water Conservation Plan is on file with the City prior to issuance of the bonds. 8. Agreement to submit building and site plans to CART (City manager's Ascetic Review Team) for review and to modify the proposed design to comply with any reasonable CART conditions or recommendations. issued if the ESA discloses environmental conditions that might have implications for bond purchasers under the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA will be conducted by and independent consultant who is a recognized expert in the area. Multi-Family Housing Revenue Bonds will not be issued if the ESA discloses environmental conditions that might have implications for bond purchasers under the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 10. Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual financial statements to the City. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the bonds. 14. Applicant is encouraged to utilize Minority-owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. 15. A letter of Agreement as discussed which would have restrictions on the developer. Subst. Motion -- Knight moved a substitute motion that support for the project be denied. -- carried Substitute motion carried 5 to 2. Cole, Rogers - No. CITY COUNCIL AGENDA BOARD VACANCIES NOTICE OF VACANCIES (FOR TERMS EXPIRING JUNE 30, 1999). Art Museum Board (6 vacancies - Cole, Ferris, Gale, Knight, Lambke, Rogers) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (9 vacancies) Board of Appeals of Plumbers and Gas Fitters (5 vacancies) Board of Code Standards and Appeals (7 vacancies) Board of Electrical Appeals (7 vacancies) Board of Housing Commissioners (7 vacancies) Board of Park Commissioners (7 vacancies) Board of Zoning Appeals (2 vacancies) Civil Rights and Services Board (7 vacancies) Commission on the Status of People with Disabilities (12 vacancies - 2 each Cole, Ferris, Gale, Knight, Lambke, Rogers) Community Corrections Advisory Board (3 vacancies) Convention and Tourism Committee (7 vacancies) Group Life Insurance Board (3 vacancies) Historic Preservation Board (7 vacancies) Human Services Board (5 vacancies) Library Board (14 vacancies) Metropolitan Area Planning Commission (6 vacancies - Cole, Ferris, Gale, Knight, Lambke, Rogers) Metropolitan Transit Authority (7 vacancies) Police and Fire Retirement Board of Trustees (6 vacancies - Cole, Ferris, Gale, Knight, Lambke, Rogers) Public Art Advisory Board (6 vacancies) Sister Cities Advisory Board (7 vacancies) Traffic Commission (6 vacancies - Cole, Ferris, Gale, Knight, Lambke, Rogers) Wichita Airport Authority (7 vacancies) Wichita Athletic Commission (3 vacancies) Wichita Commission on the Status of Women (12 vacancies - 2 each Cole, Ferris, Gale, Knight, Lambke, Rogers) Wichita Employees' Retirement Board (7 vacancies) Wichita Public Building Commission (7 vacancies) Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (5 vacancies) Wichita-Sedgwick County Board of Health (6 vacancies - Cole, Ferris, Gale, Knight, Lambke, Rogers) Motion -- Lambke appointed Frank Garafallo, MAPC; John E. Dubin, Airport Authority; Mary Jane Schmidt, Status of Women; Dan Borst, Status of People with Disabilities; Stephanie Schroeder, Sister Cities; John rogers, Zoning; Leon Robinson, Park Commissioners; Willa DeCastro, Housing; Sam Wentz, Historic Preservation; Garry Winget, MTA; Sally Roth, Convention & Tourism; and Brad Thome, Health; and moved -- carried that the appointments be approved. Motion carried 7 to 0. Motion -- Rogers appointed Earnestine Freeman, Housing; William Sanders, park; floyd Pitts, Zoning; Aaron Davis, Civil Rights and Services; Hank Blase and Susan Cook, Status of People with Disabilities; Arthur Crown, Community Corrections; Dellie Motley, Convention & Tourism; Harold Walker, Group Life Insurance; Claire Willenberg, Historic Preservation; John Frye, Human Services; Vashti Lewis, Library; George Platt, MAPC; Brenda Gray, MTA; Randy Haydon, Police and Fire Retirement; Barbara James, Sister Cities; Alfred Wigley, Traffic; Robert Alford, Airport Authority; Martha Ross and Antionette Wagner, Status of Women; Kevin Harrison, WER; Carlene Hill, Public Building; Dwayne Stovall, ADAAB (at-large); and Dr. Val Brown, Jr., -- carried Health; and moved that the appointments be approved. Motion carried 7 to 0. Motion -- Ferris appointed Tarrence Floyd, Plumbers; Larry Clark, Electrical; Ralph Jimenez, Library; Mike Haggar, MAPC; Ron Marnell, Airport; Beverly Taylor, CRS; Dick Bortz, C&T; Stan Sheldon, Historic Preservation; Don Barry, Library; Tod Ford, MTA; Bill Haggar, P&F Retirement; Sonia Greteman, Public Art; Ruth Faroh, Sister Cities; and Jack Oliver, Traffic; and moved that the appointments -- carried approved. Motion carried 7 to 0. Motion -- Cole appointed James Gregory, Airport Authority; Lucy Burtnett, Park; Trina Heath, CRS; Bill Fox, Corrections; Sharon Feary, Preservation; Delora Donovan, Human Services; Phil McComish, Library; Bob Riegle, MTA; Philip Owings, P&F Retirement; Virginia DeVore, public Art; Alice Schad, Sister Cities; Don Wolfe, WER; Susan Osborne-Howes, MAPC; Dave Perrin, Public Building; Kent Kruse and Kerry McCartney, Mechanical; John S. Reed, Plumbers; and moved that the -- carried appointments be approved. Motion carried 7 to 0. Motion -- Gale appointed Gary Wetzel, building codes; Howard Runft, Housing; June Bailey, Park; Debbie Nassif, CRS; Bobbie Goldberg and David Stanley, Status of People with Disabilities; Elizabeth Bishop, Community Corrections; Samir Haggar, C&T; Paul Cavanaugh, Historic Preservation; Ed Koon and Dennis Gallaway, Library; Harley Miles, MAPC; Richard Carlon, MTA; William B. Livingston, Public Art; Peggy Bennett, Sister cities; Larry Bush, Traffic; Ronald Cornejo, Airport; Judy Gisel, Status of Women; Coleen Didier, WER; John Frazee, Building Codes; and Charlotte Pace, Health; and moved that the appointments be approved. Motion carried -- carried 7 to 0. Motion -- Knight appointed Bob Holgerson, Housing; M.S. Mitchell, Park; Diana Wolfe, CRS; June Campbell and Grady Landrum, Disabilities; Jane Gilchrist, C&T; James Guy, Historic Preservation; Virginia White, Human Services; Gillard Cohen, Library; Jeanine Hathaway, Sister Cities; Paul Rosell, Traffic; Alan Cobb, Airport; Christy Novacek and Patricia O'Day, Women; Woodrow W. Goodvin, Jr., Public Building; and Cindy Burbach, Health; and moved that the appointments be approved. -- carried Motion carried 7 to 0. PROCLAMATIONS PROCLAMATIONS. -- Drums Across Kansas Day -- Rucker & Walters Day Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 25, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JUNE 30, 1997. At 10:00 a.m., Friday, June 27, 1997, 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 June 30, 1997. PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS REPLACE CONCRETE ON ENTRANCE TERRACE TO THE RECREATION CENTER-EDGEMOOR PARK 472-82793 (785659) Bryant and Bryant - $15,253.50 SS REHABILITATION 1997 COLLEGE HILL, PHASE II 468-82720 (621557) Insituform - $134,079.00 LATERAL 26, MAIN 1, COWSKIN INTERCEPTOR SEWER (Marshall Addition) 468-82573 (742635) H D Mills and Sons - $27,290.00 WATER DISTRIBUTION SYSTEM (parts of Pebblebrook Addition) 448-88680 (733832) Mies Construction Co., Inc. - $34,942.70 LATERAL 139, WAR INDUSTRIES SEWER (Greenwich Bus Park, Regency Lakes and Regency Lakes 2nd) 468-82698 (743138) Mies Construction Co., Inc. - $31,913.00 LATERAL 136, WAR INDUSTRIES SEWER (Greenwich Bus Pk, Manhattan Addn and Kensington Gardens) 468-82693 (743120) Mies Construction Co., Inc. - $70,000.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Purchasing Manager be authorized to sign for the City. Motion carried 7 to 0. PAVE BAY COUNTRY, BAY COUNTRY CIRCLE AND CINDY (Country Meadows West) 472-82777 (7674274) Board of Bids and Contracts hereby requests Council to rescind their action of June 3, 1997, to recommend award of contract to Kansas Paving. The developer has not made necessary arrangements for the project to proceed. Knight moved that Council action of June 3, 1997, to award contract to Kansas Paving be rescinded. Motion carried 7 to 0. DEPARTMENT OF PUBLIC WORKS/FLEET & BUILDINGS:FURNISH LABOR, MATERIAL, EQUIPMENT, AND TRAINING FOR THE HEALTH DEPARTMENT BUILDING CONTROLS UPGRADE 791624 Sandifer Engineering and Controls - $46,244.00 (Lump sum total) HEALTH DEPARTMENT/ENVIRONMENTAL HEALTH:CONTINUOUS PARTICULATE MONITOR WITH ACCESSORIES 672360-4608 Rupprecht and Pataschnick Co., Inc. - $18,160.00 (Total net Bid) HEALTH DEPARTMENT: LAB TESTS AND COLLECTION KITS 141069 Item 1 - Gen-Probe Inc. - $ 42.00* Item 2 - Gen-Probe Inc. - $ 42.00* Item 3 - Gen-Probe Inc. - $226.00* Item 4 - Gen-Probe Inc. - $147.00* Item 5 - Gen-Probe Inc. - $ 25.00* Item 6 - Gen-Probe Inc. - No Charge Item 7 - Gen-Probe Inc. - $ 30.00* Item 8 - Gen-Probe Inc. - $ 30.00* Item 9 - Gen-Probe Inc. - $ 50.00* Item 10- Gen-Probe Inc. - $ 50.00* *F.O.B. Shipping Point, Freight prepaid and add to invoice. Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption on Premises) Lindsey K. Kon China Village 7011 W. Central #116 Kevin Rauh Taco Tico 2051 S. Seneca Special Event 1997 (Consumption on Premises) David W. Clothier Wichita Boathouse 335 W. Lewis New Establishment 1997 (Consumption on Premises) Yong C. Chon Manna Wok Restaurant 4865 E. Harry Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. Sanitary Sewer Rehabilitation, 1997 College Hill, Phase II (east of Hillside, north of Kellogg). (468-82720/621557/533266) Traffic to be maintained through construction. (Council approval date 1-7-97) (District II) 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., June 27, 1997. Motion carried 7 to 0. SUB. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. a. 1997 Repair of Condemned Sidewalk and Wheelchair Ramp Construction, Phase I at various locations. (132100/112000) Traffic to be maintained through construction. (Council approval date 3-4-97) (District All) b. 1997 Arterial Sidewalk and Wheelchair Ramp Construction, Phase I at various locations. (706572/405211) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District All) c. 1997 Contract Maintenance Bridge Deck Resurfacing (Central Avenue over the Canal and northbound K-15 over the Canal). (132449/112000) Traffic to be maintained through construction . (Council approval date 3-4-97) (District I & III) d. Sanitary Sewer Rehabilitation on Pinecrest from 9th Street to 13th Street (east of Oliver, south of 13th). (468-82745/621755/533286) Traffic to be maintained through construction. (Council approval date 1-7-97) (District I) e. Arapaho from the south line of Maple to the north line of Taft, Maple Lane Addition (south of Maple, west of Hoover). (472- 82716/763672/490470) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 4-30-96) (District V) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., July 11, 1997. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Constructing Lift Station and Force Main for Lateral 136, War Industries Sewer to serve Greenwich Business Park, Manhattan Lakes, Regency Lakes, Regency Lakes Second, and Kensington Parks (north of 21st Street North, west of Greenwich) - $199,000. (Council Approval March 25, 1997) Does not affect existing traffic. (468-82694/743112/480-403) b. Storm Water Sewer to serve Hickory Creek Estates Addition (south of 13th Street North, west of 119th Street West) - $204,000. (Council approval March 18, 1997) Does not affect existing traffic. (468- 82683/750943/485-130) c. Hickory Creek, Alderny, Alderny Court, Hickory Courts and sidewalk to serve Hickory Creek Estates Addition (south of 13th Street North, west of 119th Street West) - $336,960. (Council Approval March 18, 1997) Does not affect existing traffic. (472-82802/764233/490-526) d. Rehabilitating an 8" sanitary sewer line north of Cresthill, between Stratford and Armour (north of Central, west of Rock Road) - $60,000. (Council approval January 7, 1997) Traffic to be maintained through construction. (468-82721/621714/533-282) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. BOARD MINUTES MINUTES OF ADVISORY BOARDS. Board of Code Standards & Appeals, 6/2/97 Board of Park Commissioners, 6/9/97 CPO Coordinating Board, 5/7/97 CPO Coordinating Board, 6/4/97 CPO Northeast Council 1, 6/9/97 CPO Southwest Council 4, 6/12/97 CPO North Central Council 6, 6/11/97 Motion -- carried Knight moved that the minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. COMPUTER TEST SYSTEM PURCHASE OF COMPUTER TEST SYSTEM. Agenda Report No. 97-564. The City has begun the migration to client/server technology as recommended in the MIS Strategic Plan. Over the course of this transition in 1997 and 1998, it is estimated that over 500 computer system users will be involved in the migration to this new technology. Proper testing and training are critical to the success of any new system. To avoid potential disruption of services in the regular "production" environment, a "test" server is crucial. A "test" server is a smaller computer system with limited access provided to those individuals involved in implementation and testing new major systems, then for training of other staff in system use. It is typical with client-server environment for a "test" server to be part of new system implementation. For example, included in the MIS Strategic Plan is the recommendation to migrate the existing Finance computer system to client/server. As a first phase of the project, KPMG Peat Marwick was hired to conduct a technical assessment for the migration to the Performance Series Financial Accounting system. KPMG has recommended that a separate training/test server be installed. Similar requirements will be faced for other new or upgraded systems as well. A "test" server will be a shared system for this purpose. Three companies were solicited to provide quotes for a test server which varied from $30,887 to $32,823. The low quote of $30,887 from Access Services meets specifications. The Data Center 1997 budget includes sufficient funding for this purchase. Purchasing ordinance 38-122 section (g) authorizes the Purchasing Manager to negotiate purchases of high technology items subject to ratification and approval by the Governing Body. Motion -- Knight moved that the Purchasing Manager be authorized to negotiate the purchase -- carried of hardware/ software for the Test/Training server. Motion carried 7 to 0. PARK COMPUTER SYSTEM PARK DEPARTMENT COMPUTER SYSTEM. Agenda Report No. 97-565. The Park Department's current (twelve year old) computer system, which is used to track registration and receipts from the Recreation Division's fee-based activities, is outdated and overloaded, and is not equipped to allow efficient communication among the ten recreation centers and other Park facilities. the system requires several minutes to register each patron and has experienced significant and frequent lapses in service. The existing free- standing system is supported exclusively by a clerk position within the park Department. The proposed purchase of a new system to support the Park Department's activities has been under consideration since 1993. The Council originally appropriated funding in the 1995 revised budget to replace the existing system. the proposed system is consistent with the City's approved MIS Plan, has been reviewed, and is recommended by the City's MIS Committee. In September 1996, the Park Department issued an RFP seeking qualified vendors to provide an integrated management information system (MIS). Escom Software Services, LTD. was chosen as the successful vendor, and on January 28, 1997, the City Council approved a purchase agreement with Escom in the amount of $31,485. With implementation of a new computer system for the Office of Central Inspection (OCI) currently underway, there is an opportunity to "piggyback" the Park Department on the same server, thus lowering total technology costs to the City organization. The proposed system is an expandable, comprehensive system of software and hardware that will allow more effective utilization of staff time and provide for improved management control. The system has the capacity to establish client profiles, track clients, develop databases, and improve registration performance through faster and more efficient operations. The software has the capacity to track and store approximately double the current number of class registrations, facility rentals, and sports league scheduling events. The current computer system is slow and unreliable. Frequent lapses in service are exacerbated by the System's "stand alone" status. System breakdowns must be serviced by an outside vendor. Support for the system is costly, both monetarily and in terms of employee productivity. The OCI system server has sufficient capacity for both the OCI and the Park systems. by sharing equitably in all costs associated with the server, both systems can reduce the overall computer system expense. OCI staff have reviewed and approved the proposal. An incumbent employee filling the park clerical position devotes 100% of time supporting Park computer systems (including the Park Maintenance irrigation system and the Golf Course system). This position would be transferred to the Data Center and be responsible for both the Park and Health systems with back-up support from other data processing professional staff. the position will be reclassified to System Analyst I, reflecting the additional responsibilities of a client-server environment and the Health system. Total cost of the proposed Park MIS system is $160,360, with funding coming from a combination of (a) capital outlay moneys already allocated within an existing capital project ($105,000), (b) transfer (and reclassification) of a position from the Park Department to the Data Center and reallocation of the salary savings to data processing charges $25,440), (c) redirection of maintenance funding for the current computer system ($18,200), and (d) reductions identified within the existing Park Department budget ($11,720). Of the $160,360 first-year costs, $120,010 will be applied to one-time capital costs, with the remainder applied to payment of partial year data processing charges. the Park Department's 1998/99 proposed budget will include the necessary allocations to effect the purchase and pay the ongoing maintenance costs of the new computer system. Motion -- Knight moved that the implementation of a PC-based client server network for the Recreation Division of the Park Department, including transfer of a position from the Park Department to the Data Center, purchase of necessary hardware and software, transfer of appropriations within the Park Department budget to accommodate data processing charges, and the transfer of funds to a capital -- carried project account be approved and authorized. Motion carried 7 to 0. BOND AND NOTE SALES GENERAL OBLIGATION TEMPORARY NOTE SALE (SERIES 192); GENERAL OBLIGATION TAXABLE TEMPORARY NOTE SALE (SERIES 193); AND GENERAL OBLIGATION BOND SALE (SERIES 748 AND 749). (All Districts) Agenda Report No. 97-566. The City is planning to offer for sale two series of general obligation temporary notes totaling $47,555,000, two series of general obligation bonds totaling $14,910,000 for the purpose of providing temporary and permanent financing for capital improvement projects of the City. The public sale of the bonds and notes is scheduled for 10:30 a.m. on July 22, 1997, at which time sealed bids will be opened and the City Council will award the sale of each series of bonds and notes to the bidders whose proposed interest rates result in the lowest overall cost to the City. The City's Summer 1997 general obligation bond and note sale includes the following issues: Temporary Notes The proceeds from the sale of the Series 192 Temporary Improvement and Renewal Notes will be used to provide interim finance for various City-at-large and improvement district projects: Series 192 Project Category Total Cessna (21st Street) Infrastructure $ 1,000,000 Gilbert-Mosley Groundwater 750,000 WMTA-Eight Transit Coaches 370,000 SERIES 192 (Continued) Arterial Paving 11,600,000 Public Improvements 6,155,000 Neighborhood Improvements - Water 1,607,000 Neighborhood Improvements - Sewers 1,910,500 Neighborhood Improvements - Paving 7,155,500 Neighborhood Improvements - Storm Sewer 1,307,000 TOTAL SERIES 192 NOTES $ 31,855,000 Series 193 Convention Hotel/Conference Center/ Parking garage $12,500,000 Cessna (21st Street) Facilities 3,200,000 TOTAL SERIES 193 TAXABLE NOTES $ 15,700,000 "Special Assessment Bonds" The proceeds from the sale of the Series 748 Bonds will be used to permanently finance various neighborhood improvements located in special improvement districts. Special assessments have been levied against the property owners in the improvement districts for the purpose of paying all or a portion of the costs of such improvements, including the payment of principal and interest on Series 748 Bonds. The Special Assessment Bonds will be issued in the par amount of $6,110,000. "City-At-Large Bonds" The proceeds from the sale of the Series 749 Bonds will be used to permanently finance certain City-at-large projects, including arterial streets, public improvements and buildings, park improvements, golf course improvement and neighborhood paving projects. The City-at-large Bonds will be issued in the total par amount of $8,800,000. The Series 192 Temporary Notes will mature on February 26, 1998 and will be retired using the proceeds of both permanent financing bonds and renewal notes. The Series 193 Taxable Temporary Notes will mature on February 26, 1998 and will be retired using cash and renewal notes. The Series 748 Special Assessment Bonds will mature serially over 15 years with principal maturities structured to produce level annual payments of principal and interest. The Series 748 Bonds are payable from the collection of special assessments levied against benefited properties, and if not so paid, from city- wide ad valorem taxes. The Special Assessment bonds will be callable in 2004 with a 1% call premium. The Series 749 city-at-large bonds will mature serially over 10 years in equal principal amounts and will be paid as to principal and interest primarily from city-wide ad valorem tax revenues. The city-at-large bonds will be callable in 2002 with a 1% call premium. Motion -- Knight moved that the authorizing Resolutions be approved and publication of the -- carried notices be authorized. Motion carried 7 to 0. RESOLUTION NO. R-97-218 A Resolution of the city of wichita, Kansas, authorizing and providing for the public sale of General Obligation Renewal and Improvement Temporary Notes, Series 192, Taxable General Obligation Renewal Temporary Notes, Series 193, General Obligation Bonds, Series 748, and General Obligation Bonds, Series 749, of the City; and providing for the giving of Notice of the Public Sale, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. MAY CLAIMS REPORT ON CLAIMS ALLOWED - MAY, 1997. Name of Claimant Amount Pearl Williams $150.00 Juanita I. Roberson 161.92 Ida O. Shock 112.72 Roto Rooter 225.00 W.F. Boettcher 489.79 Joe L. Dunn 349.21 Motion -- carried Knight moved that the report be received and filed. Motion carried 7 to 0. HERZOG ENVIRONMENTAL HERZOG ENVIRONMENTAL, INC. (BROOKS LANDFILL). (All Districts) Agenda Report No. 97-567. On March 28, 1997, the City received formal proposals from four companies for the operation of Brooks Landfill for the period August 1, 1997 through October 9, 2001. On April 29, the City Council selected Herzog Environmental, Inc. from the four companies to continue the operation of Brooks Landfill until October 9, 2001. The proposal also calls for Herzog to complete closure improvements by April 9, 2002 to be in accordance with Kansas Department of Health and Environment (KDHE) requirements. Additionally, the proposal included an "Add Alternate" landfill gas management system which may be accepted by the City at a later date. Under the contract, Herzog will additionally provide a recycling bin for source- separated recyclables, and will donate to the City the improvements on the site (such as the scalehouse, scales, maintenance facility and water tanks) at the end of the contract term. Staff has negotiated a contract with Herzog to operate Brooks Landfill for a base tipping fee of $5.75 per ton, and provide closure improvements for $7,867,800. Herzog Environmental, Inc. was the lowest of the four formal proposals received. On June 17, 1997, the City Council reviewed landfill tipping fees and programs based on the new proposed costs. The tipping fee is projected to cover the remaining costs of Brooks operations, closure, and 30 year post- closure expenses. Motion -- Knight moved that the contract with Herzog Environmental, Inc. be approved and -- carried the Mayor be authorized to sign. Motion carried 7 to 0. HUGO WALL SCHOOL HUGO WALL SCHOOL OF URBAN AND PUBLIC AFFAIRS (JTPA). Agenda Report No. 97-568. The City of Wichita is a Grant Recipient/Program Administrator for the Job Training Partnership Act (JTPA) in Service Delivery Area (SDA) IV which comprises the counties of Butler, Cowley, Sumner, Harper, Kingman, and Sedgwick. The Private Industry Council (PIC) of SDA IV provides policy guidance for the use of JTPA funds in this area. The City of Wichita, PIC, and the Hugo Wall School of Urban and Public Affairs, Wichita State University have a three party contract, which terminates June 30, 1997, for the Hugo Wall School to provide oversight and consulting services for JTPA related activities. The contract before the Council would renew the oversight and consulting services contract for one year, July 1, 1997 through June 30, 1998. Terms of the proposed contract include the Hugo Wall School's review and analysis of PIC documents and attendance by a representative of the Hugo Wall School at PIC meetings Motion -- Knight moved that the contract be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. 368 ERIE SALE OF PROPERTY - 368 ERIE. (District I) Agenda Report No. 97-569. The property is legally described as Lots, 32 & 34, Roystone, Now Erie Street, Maple Grove Addition to Wichita, Sedgwick County, Kansas, except that part retained for the 3rd Street Drainage Project. The property was acquired January 17, 1995 for the Third Street Drainage Project. Erie will dead end with a hammerhead cul-de- sac at 3rd Street which will become a drainage easement and linear park. The property to the East was acquired and the dwelling removed along with the shared driveway and garage. The remaining area of this site will not be needed for the project. The potential purchasers propose to utilize the property as a primary residence. The site contains a frontage of 52 feet and a depth of approximately 140 feet for a total square footage of 7,280 square feet. A revised legal description and lot size will need to be determined by survey. The improvements to the site consist of a one story bungalow house with a partially finished attic containing 964 square feet, and a partial basement which is unfinished. The house was built in 1920 of wood frame construction with asbestos siding, composition shingle roof, and a concrete block foundation. The home contains two bedrooms, one bathroom, a kitchen and dining area for a total of five rooms. The home is heated with a gas gravity furnace with no air conditioning. The property is in poor condition. Items requiring repair include a new roof, foundation repair, interior walls, ceiling and floors refinished, and new water closet and tub in the bathroom. The condition and functionality of the mechanical equipment is unknown. Because the property is unoccupied, further deterioration is expected. There were eight recent home sales in the neighborhood ranging from $3,000 to $29,000 with an average sale of $14,700 and a median $15,000. Marie Anderson has agreed to purchase the property from the City for $15,000. The property has been appraised for loan purposes for the offered amount. The City will receive cash consideration for the sale of the property and the property will return to the tax rolls. Motion -- Knight moved that the sale be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. 1317 NORTH VOLUTSIA SALE OF PROPERTY - 1317 NORTH VOLUTSIA. (District I) Agenda Report No. 97-570. The City has received and offer of $1,350 from Earnestine Davis for the property located at 1317 N. Volutsia. The property is legally described as Lots 33 and 35 on Volutsia Avenue, Fairmount Park Addition to Wichita, Sedgwick County, Kansas. The property was acquired October 20, 1994 at a County Sheriff delinquent tax sale for the Infill Development Project. Further into the project it was determined that the property would not be needed for the project. The potential purchasers propose to utilize the property as extra yard space and possible a future building site for a single family residential home. The site contains a frontage of 50 feet and a depth of 135 feet for a total square footage of 6,750 square feet. The property is currently unimproved but meets the requirements for construction of a single family dwelling. Total acquisition costs for the property total $1,120 which includes $66 paid for the lot at tax sale, and $1,054 in unpaid liens against the property. The offer of $1,350 exceeds the total acquisition costs. The City will receive cash consideration for the sale of the property and the property will return to the tax rolls. It is recommended the City Council approve the sale and authorize the Mayor to sign all required documents. Motion -- Knight moved that the sale be approved and the Mayor be authorized to sign the -- carried necessary documents. Motion carried 7 to 0. AUBURN HILLS BONDING RESOLUTION AUBURN HILL GOLF COURSE PROJECT. (Item No. 25) Agenda Report No. 97-571. The City Council previously approved a developer agreement and architect's contract on the project. To permit the expenditure of funds and provide authority for temporary note or bond financing of project costs, it is necessary for the Council to adopt a bonding resolution. The resolution is in the amount of $5.2 million ($4.7 million for course construction and $500,000 for the clubhouse/cartbarn/parking lot complex). While the bonding resolution encompasses the entire project cost, individual cost items (architectural services, construction contracts, etc.) will be subject to Council action as the project proceeds. Funding for the project is based on $2.7 million in bonded costs underwritten by an estimated $2 per round increase in golf course green fees, $2 million in bonded costs underwritten from a City-only property "tax increment" derived from the new residential development, and $500,000 in a developer contribution to be special assessed. Council Member Ferris Council member Ferris said there is no confusion on this issue. The Council has understood this issue from the beginning and had anyone in the State bothered to contact the City, any questions would have been cleared up immediately. Council Member Ferris asked that the Director of Law send a letter to the State of Kansas Attorney General asking that, in the future, if there are matters that pertain to the City, the Attorney General call the City Attorney first and ask the facts of the case before issuing opinions. Council Member Ferris stated that he would be sending a letter to Representative Swenson informing him that he might also contact the City Council or City Attorney regarding City of Wichita matters. Motion -- carried Ferris moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-188 A Resolution declaring the advisability of constructing a golf course and related improvements on land located generally between Kellogg and Maple, and between 119th Street and 135th Street and authorizing the issuance of General Obligation Bonds of the City of Wichita to finance such improvements, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First Reading 6/24/97) a. Salary Ordinance (Municipal Court Judges). ORDINANCE NO. 43-517 An Ordinance providing for a uniform schedule of standard pay ranges for all employees of the City of Wichita, repealing Ordinance No. 43- 305, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. 21st and Maize Intersection Improvement. ORDINANCE NO. 43-519 An Ordinance declaring 21st and Maize Road to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RECESS The City Council recessed at 9:53 a.m. and reconvened at 10:08 a.m. (The Council returned to take up Items 3 and 4, and concluded with the Planning Agenda.) PLANNING AGENDA Motion -- Knight moved that Planning Agenda Items 33, 34, 36, and 38 be approved as -- carried consensus Items. Motion carried 7 to 0. V-2023 PUBLIC HEARING V-2023 - REQUEST TO VACATE UTILITY EASEMENT LOCATED IN AN AREA SOUTHEAST OF WEST STREET AND ELM. (District VI) Agenda Report No. 97-572. The applicant requests the vacation of a 20-foot utility easement in Lot 1 of the NBW Building Addition, located on the east side of West Street and south of Elm Street. The applicant plans new construction on the lot which will cross the easement as recorded and desires to vacate the easement in order to more fully utilize the property. City Engineering required the abandonment and relocation of a manhole in order for the vacation to be approved. This work has been completed. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions which have been met. No members of the public addressed the MAPC to oppose 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 -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2031 PUBLIC HEARING V-2031 - REQUEST TO VACATE UTILITY EASEMENT LOCATED IN AN AREA NORTH OF CENTRAL, WEST OF 119TH STREET WEST. (District V) Agenda Report No. 97-2031. The applicant is requesting the vacation of an unused 10- foot utility easement between Lots 3 and 4 Block B in Buckhead Addition. This subdivision is located west of 119th Street West on the north side of Central. The applicant is the owner of 6 platted lots in this area which are being sold for development as 5 larger lots, and one of the building sites falls over this easement. Engineering and utility representatives indicated there was no need for the easement. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions which have been met. No members of the public addressed the MAPC to oppose 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 -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2034 PUBLIC HEARING V-2034 - REQUEST TO VACATE MAINTENANCE AND ACCESS EASEMENT AND TO ACCEPT THE DEDICATION OF A SUBSTITUTE MAINTENANCE AND ACCESS EASEMENT LOCATED IN AN AREA NORTH OF 21ST STREET NORTH AND EAST OF TYLER ROAD. (District V) Agenda Report No. 97-574. The applicant is developing a lot in Reflection Ridge that was originally approved as a zero lot line lot. In order to construct the building as planned, a lot line was moved in accordance with the Subdivision Regulations. However, the original plat dedicated a 5-foot maintenance and access easement along the west lot line of the original lot. Because of the lot line shift, the maintenance and access easement needs to be vacated. In return, the applicant is dedicating a new 5-foot maintenance and access easement along the newly established west property line by separate instrument. That easement is included within the approval of the Planning Commission and is also submitted for consideration by the City Council. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions which have been met. No members of the public addressed the MAPC to oppose 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 -- Knight moved that the public hearing be closed, the vacation and Access easement be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the easement be recorded with the Register -- carried of Deeds. Motion carried 7 to 0. S/D95-39 S/D 95-39 - PLAT OF JORDAN MYERS ADDITION LOCATED NORTH OF LINCOLN AND WEST OF WASHINGTON. (District VI) Agenda Report No. 97-575. This site is in a developed area of the City and utilities are already available. The closure of a driveway has also been guaranteed by a cash payment. a zone change (Z-3169( from "B", Multi-Family and "GC<" General Commercial to "LI"< Limited Industrial has been approved for this site subject to platting. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Motion -- Knight moved that the Plat be approved and the Mayor be authorized to sign; and the zone change ordinance Z-3169 be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3169 S/D 96-69 S/D 96-69 - PLAT OF THE MAPLE DUNES ADDITION LOCATED NORTH OF MAPLE AND EAST OF 135TH STREET WEST. (District V) Agenda Report No. 97-576. This site was annexed to the City of Wichita in January 1997. Lot 1 and 2, Block 5 have been approved for LC, Limited Commercial (SCZ- 0728), and Protective Overlay Number 11, subject to platting within 1 year. P-O #17 addresses signage, pedestrian walk system, exterior lighting, landscaping, screening, architectural character and permitted uses. Petitions, all 100%, have been submitted for sanitary sewer, municipal water, street paving improvements and storm water management. A Certificate of Petitions has also been submitted. The applicant has submitted a restrictive covenant which addresses ownership and maintenance of reserves and provides for four off-street parking spaces for lots adjacent to narrow streets. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. The negative Planning Commissioner vote indicates a concern with the amount of commercial development occurring at this intersection. Documents Certificate and Restrictive Covenant from K. Todd Allan Construction for Lots 1-12, 19-32, Block 1; Lots 19-38, 42-63, Block 2; and Lots 1-10, Block 3; and Lots 5- 23, Block 4, Maple dunes Addition. 100 percent Petition for Water Distribution System Number 448-89148 (north of Maple, east of 13th Street West) $85,000 S.A. 100 Percent Petition for Water Distribution System Number 448-89149 (north of Maple, east of 13th Street West) $155,000 S.A. 100 Percent Petition for Water Distribution System Number 448-89150 (north of Maple, east of 13th Street West) $15,000 S.A. 100 Percent Petition of Lateral 6, Cowskin Interceptor Sewer (north of Maple, east of 13th Street West) $190,000 S.A. 100 Percent Petition for construction of Lateral 7, Cowskin Interceptor Sewer (north of Maple, east of 13th Street West) $275,000 S.A. 100 Percent Petition for construction of Lateral 8, Cowskin Interceptor Sewer (north of Maple, east of 13th Street West) $44,000 S.A. 100 Percent Petition for construction of Storm Water Sewer No. 486 (north of Maple, east of 13th Street West) Project No. 468-82717 $220,000 S.A. 100 Percent Petition for improving of Maple Dunes from the south line of Maple Dunes Addition to the northern most lot corner of Lot 1, Block 4; Maple Dunes Courts adjacent to Lots 5 through 8 and 18 through 23, Block 4, and adjacent to Lots 42 and through 63, Block 2, Maple Dunes Addition, Project No. 472-82829 (north of Maple, east of 13th Street West) $344,500 S.A. 100 Percent Petition for improving of Douglas and Maple Dunes from the west line of Maple Dunes Addition to the northern most lot corner of Lot 1, Block 4; Burton from the west line of said Maple Dunes Addition to the west right-of-way line of Maple dunes; Angela from the north line of Douglas to the northwest corner of Lot 1, block 2, Maple Dunes Addition; Maple Dunes Courts adjacent to Lots 18 through 38, Block 2; Burton Court from the north line of Burton to and including the cul-de-sac, and; Angela Circle from the south line of Douglas to and including the cul-de-sac, Maple Dunes Addition, Project No. 472- 82830 (north of Maple, east of 13th Street West) $693,000 S.A. 100 Percent Petition for improving of Maple Dunes Courts adjacent to Lots 9 through 17, block 4, Maple Dunes Addition, project No. 472- 82831 (north of Maple, east of 13th Street West) $55,000 S.A. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the zoning -- carried Ordinance SCZ-0728 be placed on first reading. Motion carried 7 to 0. RESOLUTION NO. R-97-208 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89148 (north of Maple, east of 13th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-209 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89149 (north of Maple, east of 13th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-210 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89150 (north of Maple, east of 13th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-211 Resolution of findings of advisability and Resolution authorizing construction of Lateral 6, Cowskin Interceptor Sewer (north of Maple, east of 13th Street West) Project No. 468-82714 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-212 Resolution of findings of advisability and Resolution authorizing construction of Lateral 7, Cowskin Interceptor Sewer (north of Maple, east of 13th Street West) Project No. 468-82715 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-213 Resolution of findings of advisability and Resolution authorizing construction of Lateral 8, Cowskin Interceptor Sewer (north of Maple, east of 13th Street West) Project No. 468-82716 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-214 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 486 (north of Maple, east of 13th Street West) Project No. 468-82717 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-215 Resolution of findings of advisability and Resolution authorizing improving of Maple Dunes from the south line of Maple Dunes Addition to the northern most lot corner of Lot 1, Block 4; Maple Dunes Courts adjacent to Lots 5 through 8 and 18 through 23, Block 4, and adjacent to Lots 42 and through 63, Block 2, Maple Dunes Addition, Project No. 472-82829 (north of Maple, east of 13th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-216 Resolution of findings of advisability and Resolution authorizing improving of Douglas and Maple Dunes from the west line of Maple Dunes Addition to the northern most lot corner of Lot 1, Block 4; Burton from the west line of said Maple Dunes Addition to the west right-of-way line of Maple dunes; Angela from the north line of Douglas to the northwest corner of Lot 1, block 2, Maple Dunes Addition; Maple Dunes Courts adjacent to Lots 18 through 38, Block 2; Burton Court from the north line of Burton to and including the cul-de- sac, and; Angela Circle from the south line of Douglas to and including the cul- de-sac, Maple Dunes Addition, Project No. 472-82830 (north of Maple, east of 13th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-217 Resolution of findings of advisability and Resolution authorizing improving of Maple Dunes Courts adjacent to Lots 9 through 17, block 4, Maple Dunes Addition, project No. 472-82831 (north of Maple, east of 13th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. SD/96-73 S/D 96-73 - PLAT OF LARK 5TH ADDITION LOCATED WEST OF LARK LANE AND SOUTH OF (Item No. 32) KELLOGG. (District V) Council Member Ferris Council Member Ferris said there have been some drainage questions on some plats and would like the Item deferred until questions regarding full compliance with other drainage matters are answered. Motion -- carried Ferris moved that the Item be deferred one week. Motion carried 7 to 0. S/D 97-5 S/D 97-5 - PLAT OF THE BRADLEY FAIR 3RD ADDITION LOCATED SOUTH OF 21ST STREET NORTH AND EAST OF ROCK ROAD. (District II) Agenda Report No. 97-578. This plat represents a portion of an overall preliminary plat originally submitted as the Bradley Fair 2nd Addition. This site has been approved for "LC", Limited Commercial and "GO", General Office zoning (Z-3177). All Bradley Fair Additions are covered by a community unit plan (DP-191). Petitions, all 100 percent, have been submitted for sanitary sewer, municipal water, traffic improvements, and drainage improvements. A Certificate of Petitions has also been submitted. This site is within the noise impact area of McConnell AFB and an avigational easement and restrictive covenant were provided. This plat has been reviewed and approved by the Planning Commission subject to conditions and recording within thirty (30) days. Documents Notice of Community Unit Plan, Declaration of Cross Lot Access and Easement, Certificate, Restrictive Covenant, and Avigational Easement from Vantage point Properties and Central Holdings, Inc. (Jackson and Adrian), for Lots 1 and 2, Block 1, Bradley Fair Third Addition. 100 Percent Petition for construction of Water Distribution System Number 448-89162 (south of 21st, east of Rock) $86,250 S.A. 100 Percent Petition for construction of Lateral 73, Main 22, War Industries Sewer (south of 21st, east of Rock) Project No. 468-82744 $37,000 S.A. 100 Percent Petition for improving of decel and left turn lane on 21st Street to serve Bradley Fair Third Addition, Project No. 472-82848 (south of 21st, east of Rock) $320,000 S.A. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the associated zoning Ordinance Z-3177 be placed on first reading. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-189 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89162 (south of 21st, east of Rock) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-190 Resolution of findings of advisability and Resolution authorizing construction of Lateral 73, Main 22, War Industries Sewer (south of 21st, east of Rock) Project No. 468-82744 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-191 Resolution of findings of advisability and Resolution authorizing improving of decel and left turn lane on 21st Street to serve Bradley Fair Third Addition, Project No. 472-82848 (south of 21st, east of Rock) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3177 S/D 97-9 S/D 97-9 - PLAT OF THE OXBOW 2ND ADDITION LOCATED NORTH OF 19TH STREET NORTH AND EAST OF TYLER ROAD. (District V) Agenda Report No. 97-579. This site has been approved for "GO" zoning (Z-3195), subject to replatting, and subject to a restrictive covenant limiting uses, access, signage, and building height. The replat was to establish complete access control to 19th Street North. City services are available to the site. A cross lot drainage agreement between Oxbow 2nd Addition and Oxbow Addition has been recorded and submitted. This plat has been reviewed and approved by the Metropolitan Area Planning Commission, subject to conditions and recording within thirty (30) days. Restrictive Covenant. Motion -- Knight moved that the restrictive covenant be received and filed; the plat be approved and the Mayor be authorized to sign; the plat and documents be recorded with the Register of Deeds; and the zone change ordinance Z-3195 be placed on -- carried first reading. Motion carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3195 S/D 97-13 S/D 97-13 - PLAT OF WILSON FARMS ADDITION LOCATED SOUTH OF 21ST STREET NORTH BETWEEN WEBB ROAD AND ROCK ROAD. (District II) Agenda Report No. 97-580. This plat involves a portion of the Wilson Estates Residential CUP, DP-201. Petitions, all 100%, have been submitted for sanitary sewer, municipal water, paving, traffic, sidewalk, and storm sewer improvements. A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of the Reserves, common areas, and the "parking strip", a restrictive covenant has been submitted. The private streets require a guarantee other than a petition. The exact method of guarantee is still being worked out. Staff recommends that the tracing not be released for recording until the guarantee is in place. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Documents Notice of Community Unit Plan, Certificate, and Restrictive Covenant from Wilson Residential Company and Wilson Estates for Lots 1-19, Block; Lots 1-15, block 2; Lots 1-12, block 3; Lots 1-15, Block 4; Lots 1-15, block 5; Lots 1-23, Block 5; Lots 1-25, Block 7; Lots 1-10, block 8; and Lots 1-13, block 9. 100 Percent Petition for construction of Water Distribution System Number 448-89157 (south of 21st, east of Rock) $118,900 S.A. 100 Percent Petition for construction of Water Distribution System Number 448-89158 (south of 21st, east of Rock) $153,000 S.A. 100 Percent Petition for construction of Water Distribution System Number 448-89159 (south of 21st, east of Rock) $109,500 S.A. 100 Percent Petition for construction of Water distribution System Number 448-89160 (south of 21st, east of Rock) $132,300 S.A. 100 Percent Petition for construction of Water Distribution System Number 448-89161 (south of 21st, east of Rock) $94,300 S.A. 100 Percent Petition for construction of Lateral 71, Main 22, War Industries Sewer (south of 21st, east of Rock) Project No. 468-82737 $512,500 S.A. 100 Percent Petition for construction of Lateral 72, Main 22, War Industries Sewer (south of 21st, east of Rock) Project No. 468-82738 $278,000 S.A. 100 Percent Petition for construction of Storm Water Drain No. 130 (south of 21st, east of Rock) Project No. 468-82739 $615,000 S.A. 100 Percent Petition for construction of Storm Water Drain No. 131 (south of 21st, east of Rock) Project No. 468-82740 $40,500 S.A. 100 Percent Petition for construction of Storm Water Sewer No. 487 (south of 21st, east of Rock) Project No. 468-82741 $204,000 S.A. 100 Percent Petition for construction of Storm Water Sewer No. 489 (south of 21st, east of Rock) Project No. 468-82742 $206,000 S.A. 100 Percent Petition for construction of Storm Water Sewer No. 490 (south of 21st, east of Rock) Project No. 468-82743 $156,000 S.A. 100 Percent Petition for improving of Red Brush from the north line of Wilson Estates Parkway to the south line of 21st Street; Wilson Estates parkway from the east line of Bradley Fair Parkway to the east line of Red Brush; deceleration lane for eastbound traffic; left turn lane for westbound traffic on 21st Street for entrance to Red Brush, and; sidewalks on the west side of Red Brush from the north line of Wilson Estates Parkway to the south line of 21st Street, and on the north side of Wilson Estates Parkway from the east line of Bradley Fair Parkway to the west line of Red Brush, Project No. 472-82843 (south of 21st, east of Rock) $723,000 S.A. 100 Percent Petition for improving of 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 13, 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", Project No. 472-82844 (south of 21st, east of Rock) $454,000 S.A. 100 Percent Petition for improving of Churchill from the east line of Red Brush to the south line of Paddock Green; Shadybrook/Paddock Green from the east line of Red Brush to the north line of Wilson Estates parkway; Shadybrook Court from the south line of Shadybrook to and including the cul-de-sac, serving Lots 1 through 12, block 6; Shadybrook Circle from the east line of Shadybrook to and including the cul-de-sac, serving Lots 6 through 14, block 4; Paddock Green Court from the north line of Paddock Green to and including the cul-de-sac, serving Lots 17, 18, and 19, Block 7; churchill Court from the east line of churchill to and including the cul-de-sac serving Lots 7, 8, and 9, Block 5, and; sidewalk on the south and west side of Shadybrook/Paddock Green from the east line of Red Brush to the north line of Wilson Estates parkway, Project No. 472-82845 (south of 21st, east of Rock) $487,500 S.A. 100 Percent Petition for improving of Wilson Estates parkway from the east line of Red Brush to the east line of Lot 2, block 9, and; sidewalk on the north side of Wilson Estates parkway from the east line of Red Brush to the east line of Lot 2, block 9, Project No. 472-82846 (south of 21st, east of Rock) $272,000 S.A. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign and recording of the tracing be withheld until such time as the guarantee of the private streets -- carried has been accepted. Motion carried 7 to 0. RESOLUTION NO. R-97-192 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89157 (south of 21st, east of Rock) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-193 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89158 (south of 21st, east of Rock) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-194 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89159 (south of 21st, east of Rock) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-195 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Number 448-89160 (south of 21st, east of Rock) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-196 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89161 (south of 21st, east of Rock) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-197 Resolution of findings of advisability and Resolution authorizing construction of Lateral 71, Main 22, War Industries Sewer (south of 21st, east of Rock) Project No. 468-82737 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-198 Resolution of findings of advisability and Resolution authorizing construction of Lateral 72, Main 22, War Industries Sewer (south of 21st, east of Rock) Project No. 468-82738 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-199 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 130 (south of 21st, east of Rock) Project No. 468-82739 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-200 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 131 (south of 21st, east of Rock) Project No. 468-82740 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-201 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 487 (south of 21st, east of Rock) Project No. 468-82741 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-202 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 489 (south of 21st, east of Rock) Project No. 468-82742 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-203 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 490 (south of 21st, east of Rock) Project No. 468-82743 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-204 Resolution of findings of advisability and Resolution authorizing improving of Red Brush from the north line of Wilson Estates Parkway to the south line of 21st Street; Wilson Estates parkway from the east line of Bradley Fair Parkway to the east line of Red Brush; deceleration lane for eastbound traffic; left turn lane for westbound traffic on 21st Street for entrance to Red Brush, and; sidewalks on the west side of Red Brush from the north line of Wilson Estates Parkway to the south line of 21st Street, and on the north side of Wilson Estates Parkway from the east line of Bradley Fair Parkway to the west line of Red Brush, Project No. 472-82843 (south of 21st, east of Rock) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-205 Resolution of findings of advisability and Resolution authorizing improving of 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 13, 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", Project No. 472-82844 (south of 21st, east of Rock) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-206 Resolution of findings of advisability and Resolution authorizing improving of Churchill from the east line of Red Brush to the south line of Paddock Green; Shadybrook/Paddock Green from the east line of Red Brush to the north line of Wilson Estates parkway; Shadybrook Court from the south line of Shadybrook to and including the cul-de-sac, serving Lots 1 through 12, block 6; Shadybrook Circle from the east line of Shadybrook to and including the cul- de-sac, serving Lots 6 through 14, block 4; Paddock Green Court from the north line of Paddock Green to and including the cul-de-sac, serving Lots 17, 18, and 19, Block 7; churchill Court from the east line of churchill to and including the cul-de-sac serving Lots 7, 8, and 9, Block 5, and; sidewalk on the south and west side of Shadybrook/Paddock Green from the east line of Red Brush to the north line of Wilson Estates parkway, Project No. 472-82845 (south of 21st, east of Rock) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-207 Resolution of findings of advisability and Resolution authorizing improving of Wilson Estates parkway from the east line of Red Brush to the east line of Lot 2, block 9, and; sidewalk on the north side of Wilson Estates parkway from the east line of Red Brush to the east line of Lot 2, block 9, Project No. 472-82846 (south of 21st, east of Rock) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 97-23 S/D 97-23 - PLAT OF LINDA WINTERS ADDITION LOCATED NORTH OF 13TH STREET NORTH, ON (Item No. 36) THE WEST SIDE OF RIDGE ROAD. (District V) Agenda Report No. 97-581. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. This site is in a developed area of the City and utilities are already available. MAPC has recommended zoning of "GO", General Office, subject to platting for this location (Z-3222). This plat has been reviewed and approved by the Planning Commission, subject to conditions and 30 days. Motion -- Ferris moved that the plat be approved as recommended (in connection with Item 37 (Z-3222) and the Mayor be authorized to sign; and the associated zone change -- carried Z-3222 Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3222 Z-3222 Z-3222 - REQUEST FOR ZONE CHANGE FROM "SF-6" SINGLE FAMILY RESIDENTIAL TO "GO" (Item No. 37) GENERAL OFFICE, LOCATED NORTH OF 13TH STREET NORTH, WEST OF RIDGE ROAD. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-582. Staff Recommendation: Approve, subject to platting within 1 year and to the additional provisions of a Protective Overlay (P-O) District. CPO Recommendation: Approve, subject to platting within 1 year and to the additional provisions of a Protective Overlay (P-O) District. MAPC Recommendation: Approve, subject to platting within 1 year and to the additional provisions of a Protective Overlay (P-O) District. The applicant requests a zone change from "SF-6" Single- Family Residential to "GO" General Office for a 2.43 acre tract located north of 13th Street North on the west side of Ridge Road. The application area is currently being platted as Brock 4th Addition and the preliminary plat shows access control along Ridge Road except for two openings. The site is surrounded by "ex TF-3" Two-Family Residential property to the north and west developed with duplexes. The West Urban Baseball Complex is located on "SF-20" zoned property across Ridge to the east. Sluggers is located on property to the south zoned "LC" Limited Commercial with the Professional Plaza West office complex located at the northwest corner of 13th Street and Ridge, also zoned "LC". This case was originally approved for "NO" Neighborhood Office by CPO (5) on March 26, 1997 and the MAPC on March 27, 1997, citing that the development standards and limited uses of the "NO" district were more appropriate for this property than those of the "GO" district. Since the first MAPC meeting, the applicant requested the case be sent back to CPO (5) and the MAPC for reconsideration of the original request for "GO" General Office. The applicant has stated that the site will primarily be developed for a dental office that would provide a good transition from the commercial development to the south to the residential development to the north and west. The applicant has also stated that a "prospective medical office tenant" would need to have the ability to have patients stay over night for treatment. Use of the property in this manner would be considered a "hospital use", which would require "GO" General Office zoning. The CPO originally recommended approval of "NO" in March, per the original staff recommendation. On May 14, CPO considered the request for "GO" to accommodate overnight treatment, and voted unanimously to deny it without restrictions. On May 28, CPO voted 4-3 to approve "GO" if the use was limited to a "dental office and sports medicine clinic." After limited discussion of the revised development plans for the subject property during the Planning Commission hearing on May 29, the MAPC voted (13-0) to approve the request, as recommended by staff, subject to a Protective Overlay limiting the uses to those in the "NO" district plus hospital and personal improvement services, and retaining the 8,000 square foot per business limitation of the "NO" district. Council Member Ferris Council Member Ferris said the neighborhood was concerned with the possibility of an abortion clinic going in on the site because of traffic and associated problems which would affect the surrounding residential area. Motion -- Ferris moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions including the additional recommended provisions of a Protective Overlay District and subject to the condition of platting; and request that the applicant sign an agreement that if they are going to do a medical clinic that provides abortions they will have to request a special use permit so a public hearing can be held to see if the neighbors have a problem with the impact; and the Ordinance be forwarded for first reading when the plat is forwarded to the City Council (See Item 36 S/D 97-23). Marvin Krout Director of Planning said the use would have to be prohibited and the applicant would have to request amendment of the protective overlay to add the use back in. Whether or not the use can be prohibited probably has a lot to do with whether or not the applicant objects. Council Member Ferris Council Member Ferris clarified that ask or request was used. If the applicant says "no," then it can be brought back to the Council. The applicant could ask that the exclusion of the use be included in the PUD and then there would be no question in the future. Gary Rebenstorf Director of Law said a legal challenge would be that if this were going to be imposed and there are those who are going to challenge the requirement, there might be a problem but, the way the motion has been framed, that would not be a problem. Council Member Ferris Council Member Ferris restated that he just wanted the applicant to be "asked" to include that in the PUD. -- carried Motion carried 7 to 0. DP-183/Z-3231 DP-183 - REQUEST FOR AMENDMENT TO THE DAVIS-MOORE COMMUNITY UNIT PLAN TO PERMIT EXPANSION OF AUTOMOTIVE DEALERSHIP (EMPLOYEE PARKING AREA); AND Z-3231 - REQUEST FOR ZONE CHANGE FROM "TF-3" TWO-FAMILY RESIDENTIAL TO "LC" LIMITED COMMERCIAL, LOCATED NORTH OF ORME, EAST OF LIGHTNER AND WEST OF LEXINGTON. (District II) Agenda Report No. 97-583. Staff Recommendation: Approve the zone change, approve the C.U.P. amendment, subject to conditions. CPO Recommendation: Approve the zone change, approve the C.U.P. amendment, subject to conditions. MAPC Recommendation: Approve the zone change, approve the C.U.P. amendment, subject to conditions. The applicant requested the zone change and amendment to the CUP to add the two lots proposed for rezoning to the CUP. The existing homes on the property will be removed and the lots will be used for an expansion of the previously approved parking area for employees of the auto complex. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Ordinance Z-3231 be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3231 ADJOURNMENT The City Council meeting adjourned at 12:35 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 163 JULY 1 , 1997 Page 1