MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, May 12, 1998 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Kamen, Lambke, Rogers; present. *Council Members Cole, Ferris, Gale; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Titus James, North Heights Christian Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. *Council Members Cole, Gale; present. Minutes -- The minutes of the regular meeting of May 5, 1998, were -- approved approved 5 to 0. (Ferris absent) Knight abstained. AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. AWARD The Public Technology Award was presented. PUBLIC AGENDA COMMENTS BY RUBY GILBERT. Ruby Gilbert was not present. COMMENTS BY LARRY ROSS. Larry Ross Larry Ross, representing the Southwind Chapter of the Sierra Club, asked that the City desist from selling park land adjacent to Grove Park. Mr. Ross cited references from the the Park and Open Space Plan which gave definitions of open space, and mentioned the deficit of same in the northeast area; the final report dated February 7, 1997, from the Ad Hoc Committee which mentioned the quality of life issue; and the FEMA map, Panel 10, which shows that a portion of the land is in the flood plain of the east fork of Jesse Chisholm Creek. The Greenways area, of which this land is a part, was also to be a link between parks. Mayor Knight explained that this matter would be coming before the Council in the near future. NEW BUSINESS IRB - OLD TOWN HOTEL PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - THE HOTEL AT OLD TOWN, INC. (District VI) This Item was withdrawn from the Agenda. IRB - WSM PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - WSM PROPERTIES. (District IV) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-401. On December 16, 1997, the City Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not-to-exceed $2.5 million for a six-month period to Wichita Sheet Metal Supply, Inc. On March 17, 1998, the City Council approved an increase in the amount of bonds authorized to be issued to $2.8 million and approved WSM Properties, a general partnership, as tenant under the Letter of Intent. The bond proceeds will be used to finance the acquisition and renovation of existing manufacturing facilities located at 1601 South Sheridan in southwest Wichita. WSM Properties was granted an 85% property tax abatement on the project for a 5-year term with a second 5 years based on Council review. The Company is requesting the issuance of the Bonds at this time. Wichita Sheet Metal Supply has branches located in Omaha, Nebraska; Denver, Colorado and Lenexa, Kansas. Its trade territory includes the states of Kansas, Nebraska, South Dakota, Colorado, Wyoming, Iowa, Missouri, Arkansas, Oklahoma and New Mexico. Wichita Sheet Metal Supply designs and manufactures products such as registers and grills, venting products, duct liner, duct board, duct wrap and various other supplies for the heating and air conditioning trade. The company also manufactures sheet metal products such as pipes, elbows, boots and other stock fittings. It also manufactures system components such as spiral pipe and fittings; custom duct and fittings for residential and commercial use, cut to length sheet metal and some proprietary machinery. Proceeds from the bonds will be used to purchase land and an existing facility located at 1601 South Sheridan, to construct a 72,000 s.f. metal manufacturing building, and to purchase machinery and equipment. The sources and uses of funds for the project are as follows: SOURCES OF FUNDS 1998 Bond Proceeds $2,800,000 Tenant Funds 100,000 Total Sources of Funds: $2,900,000 USES OF FUNDS Purchase Land and Existing Facility$ 385,000 Construct New Building 1,085,000 Remodel Office Space 125,000 Purchase Machinery and Equipment 705,000 Bond Reserve 300,000 Cost of Issuance 300,000 Total Uses of Funds: $2,900,000 Wichita Sheet Metal Supply currently employs 100 people. Current expansion plans for Wichita Sheet Metal Supply forecast an increase in employment of approximately 20 people over the next five years. 70% of the company's product is ultimately exported outside the state. Wichita Sheet Metal Supply has a current approved EEO/AA Plan with the City's Human Resources Department and a Water Conservation Plan with the Division of Natural Resources. The bonds will be underwritten by Froggatte and Herndon Capital Corporation. The firm of Hinkle, Eberhart and Elkouri, L.L.C. will serve as bond counsel in the transaction. WSM Properties agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. WSM Properties was granted an abatement of 85% of new ad valorem taxes on the property financed with bond proceeds for a 5-year term with a second 5 years based on Council review. A cost/benefit analysis has been provided by Wichita State University, which reflects a ratio of 1.88 for the City, 1.13 for the County, .27 for USD 259 and 10.93 for the State. WSM Properties paid $4,196 in 1997 real property taxes on its current facility at 1030 North Washington. Existing 1997 taxes on the 1601 South Sheridan property is $6,046. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Gale moved that the public hearing be closed and the Bond Ordinance be placed on -- carried first reading. Motion carried 6 to 0. (Ferris absent) ORDINANCE An Ordinance of the City of Wichita, Kansas, authorizing the issuance of not to exceed $1,900,000 aggregate principal amount of Industrial Revenue Bonds, Series VII-A, 1998 (Wichita Sheet Metal Project) and not to exceed $900,000 principal amount of taxable Industrial Revenue Bonds, Series VII-B, 1998 (Wichita Sheet Metal Project) for the purpose of providing funds to acquire, construct, renovate and equip a manufacturing facility; prescribing the form and authorizing execution of a Trust Indenture by and between the City and Commerce Bank, N.A., Wichita, Kansas, as Trustee; prescribing the form and authorizing the execution of a lease of the project by and between the City and WSM Properties; approving the form of a Guaranty Agreement by and among WSM Properties, Wichita Sheet Metal, Inc., WSM Industries, Inc., Freda V. and Emerson L. Moore, John P. and Phyllis J. Griffitt, James B. and Jerry C. Doyle, all as Guarantors, and Commerce Bank, N.A., Wichita, Kansas as Trustee; approving the form of a sublease between WSM Properties and Wichita Sheet Metal Supply, Inc.: authorizing the execution of a Bond Purchase Agreement between the City, WSM Properties, and Froggatte & Herndon Capital Corporation, Wichita, Kansas, as the purchaser of the Series VII-A , 1998 Bonds; and authorizing the execution of a Bond Placement Agreement between the City, WSM Properties, and Froggatte & Herndon Capital Corporation, Wichita, Kansas, as Purchaser of the Series VII-B, 1998 Bonds, introduced and under the rules laid over. IRB - HAYES REQUEST FOR LETTER OF INTENT TO ISSUE INDUSTRIAL REVENUE BONDS TO THE HAYES COMPANY, INC. (District VI) *Council Member Ferris present. Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-402. The Hayes Company, Inc. (Hayes) is requesting the issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not to exceed $3.5 million. The bond proceeds will be used to construct and equip a maintenance and distribution addition to Hayes' manufacturing facility, located at 800 East 37th Street North, and to purchase additional machinery. Hayes is also requesting that the City approve a 100% ad valorem tax abatement for a 10- year period. In September of 1995, the City Council approved the issuance of $1.6 million Series VI, 1995 Industrial Revenue Bonds to Hayes for the construction of a 37,500 s.f. addition to their facility and the purchase of additional machinery. In July 1996, the City Council approved a second IRB issue, again in the amount of $$1.6 million, to finance a second expansion of the manufacturing facilities and additional machinery. Hayes was granted a 100% 10- year tax abatement on the property financed with both bond issues. Hayes manufactures and sells ornamental iron and wood garden accessories, fencing, pallets and commercial site furnishings. Products include iron plant hangers, plant stands, wood planters, bird houses and feeders, residential style wood fence and wrought iron fence and shopping mall benches and receptacles. Hayes garden products are sold through WalMart, Payless Cashways, Home Depot, KMart, Hobby Lobby, Dillons and its parent Kroger and Canadian Tire. The pallet business serves customers like Rubbermaid, Coleman, Dold, J. I. Case and similar customers. Hayes exports over 95% of its products outside the State of Kansas which now includes a major Home Center Chain and a Distributor in southern Japan. The Hayes Company has greatly exceeded its expectations in terms of new employment and increased sales at the time of their 1995 IRB- financed expansion. As a result, Hayes has already outgrown their expanded facility and needs more space to accommodate growth in production and employment. The Company expects employment to grow from the current 197 employees to a projected 378 employees in 2001. Proceeds from the requested bonds will be used to construct a 71,000 s.f. building addition to Hayes' facility and to purchase additional equipment to meet their capacity needs. The project consists of the following: * Land $ 420,000 * Expansion of Facility. 1,900,000 * Purchase of Equipment. 730,000 * Bond Reserve 50,000 * Construction Interest 50,000 * Contingency 200,000 * Underwriter's Fee 100,000 * Cost of Issuance: 50,000 Total Cost of Project: $3,500,000 Froggatte & Herndon Capital Corporation will underwrite the bond issue. The firm of Hinkle, Eberhart and Elkouri, L.L.C. will serve as bond counsel in the transaction. The Hayes Company, Inc. currently employs 197 people at its Wichita facilities. Current expansion plans for Hayes, forecasts an increase in employment at the Wichita facility of approximately 140 people over the next five years. If these projections are met, over $10,664,000 in new personal annual income will be added to the Wichita economy through wages paid to Hayes' expanded work force. Hayes has a current approved EEO/AA Plan on file with the City's Human Resources Department. The cost/benefit analysis based on the fiscal and economic impact model of Wichita State University's Center for Economic Development and Business Research will be provided to the City Council at or prior to the time of the public hearing. The Hayes Company, Inc. agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. Hayes is requesting a 100% tax abatement of ad valorem property taxes on the project for a 10-year period in accordance with City Policy. Under City's Business Incentive Policy, Hayes qualifies for an 100% tax abatement based on projected new employment, capital investment, export sales and the location of the facilities within the City's incentive target area. Under the City's revised tax incentive policy, the initial term of the tax abatement is five years, with a second five years subject to Council review, in an amount equal to 50% of the initial five years. During the 5-year period of the recommended property tax abatement, Hayes will continue to pay taxes on the current facility. The real and personal property taxes paid by Hayes in 1995 was $22,308. Estimated first year taxes abated on the proposed project are $60,464, of which $17,595 is the City portion, $17,015 the County/State portion, and $25,009 the U.S.D. 259 portion, based on the 1997 mill levy of 107.304 mills. The Financial Projects Director reviewed the WSU Cost Benefit Analysis and reported cost benefit ratios for the City of 1.62, the County 2.02, USD 259 1.03, and the State of Kansas 2.88. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the issuance be approved and the Mayor be authorized to sign a six- month Letter of Intent to The Hayes Company, Inc. for Industrial Revenue Bonds in an amount not to exceed $3.5 million and grant a 5-year 100% tax abatement, with an additional 5-year 50% tax abatement on real property granted upon Council approval, subject to the Standard Letter of Intent conditions. -- carried Motion carried 7 to 0. Council Member Ferris momentarily absent. IRB - OLD ENGLISH RESOLUTION TO DISAPPROVE KANSAS DEVELOPMENT FINANCE AUTHORITY INTENT TO ISSUE MANOR APARTMENTS MULTIFAMILY HOUSING REVENUE BONDS - OLDE ENGLISH MANOR APARTMENTS. (District I) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-403. The City was approached by representatives of the Piedmont Foundation, Inc. ("Piedmont"), a Georgia not-for-profit corporation, for information regarding the City's procedures and policies for issuing multifamily housing revenue bonds, specifically in regard to their desire to purchase the Olde English Apartments at 2323 N. Woodlawn in northeast Wichita. The representative disclosed that only $200,000 of bond proceeds would be spent on rehabilitation of the property, equal to 2.4% of the total acquisition cost of $8,260,000. At that time he was informed of the City's policy requiring significant rehabilitation of property purchased with City IRBs. On April 30, 1998, the City received a letter from the Kansas Development Finance Authority ("KDFA"), notifying the City that KDFA has adopted a Resolution of Intent to issue $9,000,000 in multifamily housing revenue bonds to finance Piedmont's acquisition of the Olde English Apartments in Wichita. State law requires KDFA to give written notice to local jurisdictions when it adopts a resolution of intent to issue bonds to finance a project located within the boundaries of the jurisdiction. Notice must be given not less than 30 days prior to the issuance of the bonds and the jurisdiction has 15 days from the giving of this notice to disapprove the issuance of the KDFA bonds. KDFA cannot issue bonds if such disapproval is given; however, if no disapproval is given within the 15-day statutory time frame, KDFA may issue its bonds to finance the project without further approval from the affected jurisdiction. The City's Industrial Revenue Bond Policy provides for the issuance of multifamily housing revenue bonds for the acquisition of existing properties, provided that the acquisition is accompanied by significant rehabilitation of the property. For the purpose of the IRB Policy, significant rehabilitation is assumed to occur when an amount equal to at least 20% of the acquisition cost is spent on rehabilitation. The Piedmont project would not qualify under the City's IRB Policy. The Kansas Development Finance Authority was established by an act of the Kansas Legislature in 1987 to provide an avenue for bond financing of capital projects at the state level. In addition to the authority to issue bonds on behalf of state agencies and institutions, KDFA has also been given the authority, under certain circumstances, to issue bonds that could otherwise be issued by local governments to finance local projects. Most common of these are projects that involve statewide financing programs, such as the State Revolving Fund Program for water treatment facilities, or the Beginning Farmer Loan Program for the purchase of farm land. Other KDFA bonding of local projects occurs when the borrower has projects in several jurisdictions around the state and wishes to maintain an integrated financing structure. Staff believes there are valid circumstances in which the issuance of bonds by KDFA to finance local projects should be allowed, due to the statewide program or multi-jurisdictional nature of the project. However, this does not include projects that would not qualify for City bonding under the IRB Policy. KDFA should not be used to circumvent City policies. There are no financial considerations resulting from this item. K.S.A. 74-8905(c) requires the City Council to express its disapproval to the issuance of the KDFA bonds by adopting an ordinance or resolution and notifying the President of KDFA within 15 days of the giving of notice by KDFA of its intent to issue the bonds. Notice was given to the City on April 30, 1998. A response must be made to KDFA not later than the close of business on May 15, 1998. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the Resolution disapproving the issuance by the Kansas Development Finance Authority of its multifamily housing revenue bonds to finance the acquisition of the Olde English Manor Apartments in Wichita be adopted; and that the City Manager be asked to ensure that firms are aware that the City of Wichita disapproves of firms attempting to circumvent the City of Wichita -- carried policies. Motion carried 7 to 0. RESOLUTION NO. R-98-183 A Resolution to disapprove issuance of Kansas Development Finance Authority Multifamily Housing Revenue Bonds (Olde English Manor Apartments), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. CODE ORDINANCES ORDINANCES PERTAINING TO BUILDING, TRADE AND FIRE CODES. Kurt Schroeder Superintendent of Central Inspection reviewed the Items. a. Uniform Building Code. Agenda Report No. 98-404. The City of Wichita's Building Code (Title 18) incorporates the model code developed by the International Conference of Building Officials (ICBO), and amends it, as necessary, to meet local needs and conditions. This model code is called the Uniform Building Code (UBC). The UBC is updated at a national level and reprinted every three years, at which time it is also reviewed and amended locally. The national edition of the 1997 UBC was made available in July, 1997. Since then, the new UBC has been reviewed by staff, local design and construction groups, the Wichita Area Builders Association (WABA) and the Board of Code Standards and Appeals (BCSA). A 21-member Building Code Review Committee comprised of local architects; structural engineers; Board of Code Standards and Appeals members; WABA representatives; representatives from a variety of commercial contractor and design groups; building officials from Sedgwick County, Derby and Andover; and Fire Department and OCI staff (staff had no vote on the Committee) met on numerous occasions over a 6-month period to analyze and discuss possible revisions to the UBC and Title 18, and to make recommendations for local amendments. During this period, OCI staff also met frequently with the WABA Codes Committee to review changes and possible amendments to the residential construction sections of the UBC. Primary goals of staff and these Committees were: (1) to resolve issues in the code which have caused recurring problems in interpretation and practical enforcement, without compromising life safety;(2) to ensure that local amendments adequately reflect construction needs, methods and alternatives most properly suited to the Wichita/Sedgwick County area; and (3) to bring regional uniformity to building codes adopted by Wichita, Sedgwick County and other local jurisdictions within Sedgwick County. A public hearing on the proposed changes was advertised and held on December 19, 1997, and comments were reviewed by the Building Code Review Committee, the BCSA and staff. Appropriate changes were made in response to expressed concerns. In January 1998, proposed amendments were presented to the BCSA at their regular monthly meeting. The BCSA voted unanimously to recommend approval of proposed ordinance revisions and to forward the amendment package to the Law Department for review. Notice of upcoming changes to the Building Code have also been published in OCI's CINCH newsletter which is mailed to over 2,000 locally licensed contractors and tradesman; designers, architects and engineers; trade associations and suppliers. Outlined below is a summary of significant changes between the 1994 and 1997 Uniform Building Code, as well as significant changes from previous local amendments to the Uniform Building Code (Title 18): _ Work exempt from permit: Several items have been added to clarify types of work exempt from the permit process. _ Permit fees: Although permit fees remain the same, fees currently charged for conditional building permit issuances and for review of progress prints are being codified. _ One-hour occupancy separation between storage and retail/wholesale sales areas: An additional exception to the requirement for a one-hour separation has been added to better reflect local situations which have been reviewed and approved on appeal by the BCSA, and to provide an additional alternative to the one-hour wall separation requirement. _ Window wells: New local provisions have been added to require guardrails on window wells for dwelling or lodging houses that are over 30 inches deep, and to require that window well covers be provided with an emergency egress hatch. _ Ceiling heights: This section has been re-written to clarify local requirements for ceiling heights in dwellings and lodging houses. _ Fire-resistive wall construction for dwellings, lodging houses and residential accessory buildings when located within 3 feet of a property line: New language is added in the exceptions to this requirement to clarify when windows are allowed in such walls, to clarify the type of window materials that are allowed, and to exempt residential accessory structures from the requirement if not over 1,000 square feet in area on the first floor or on a second level used for storage. _ Mechanical and storage rooms: Language has been added to exempt mechanical equipment rooms, storage rooms and offices located on 2nd stories, and less than 200 square feet in area, from certain fire-resistive construction requirements of the UBC. _ Canopy construction: Language has been added to exempt canopies from the fire-resistive construction type of the building if of non- combustible construction, subject to certain conditions/alternatives which assure that the life-safety intent of the Code is still satisfied. This should be a tremendous financial benefit to many businesses which have a need for canopies. _ Fire and Smoke Dampers: The UBC requirements for location and installation of fire and smoke dampers where air ducts penetrate fire-rated walls/floors/ceilings have been a source of much discussion and interpretation over the past several years. A technical subcommittee of the Building Code Review Committee, comprised of mechanical design engineers, architects and contractors, reviewed these items in great detail, and provided recommended language to clarify requirements and outline certain exceptions to UBC standards. The proposed local amendments will clarify design standards, will provide alternatives/options for designers, will outline several exceptions to UBC requirements for smoke and/or fire dampers, and should also significantly reduce the cost of mechanical system installations on many projects. _ Bathroom flooring materials: Additional flooring material options have been added for bathrooms in other that dwelling units. _ Through Penetrations: Requirements for through penetrations have been modified to be consistent with the modification to the requirement of membrane penetrations. These two changes bring a "common sense" approach to penetration protection while maintaining life safety features. This will be a significant construction cost savings in buildings of fire-resistive construction. _ Smoke and heat vents in roofs/walls: An additional exception to this requirement has been added which would eliminate the smoke and heat vent requirement for certain types of buildings if the interior space is divided by non-combustible partitions. _ Means of Egress Provisions - General: The Egress Chapter of the 1997 UBC has been revised entirely from the 1994 UBC. Given improved construction standards and increased requirements for sprinkling and early detection over the years, egress requirements (travel distances, number of exits, etc.) have been relaxed throughout the 1997 UBC Egress Chapter. Many designers have already requested that they be allowed to utilize the 1997 UBC egress standards in their designs since such use will significantly reduce project construction costs. _ Exit lights and emergency lighting: New language is added to clarify and outline specific requirements for location of exit and emergency lights. This portion of the UBC has been a point of confusion for designers and installers. The new language has been reviewed and approved not only by the BCSA, the Building Code Review Code Committee and the construction industry, but also by the City's Board of Electrical Appeals. The proposed amendments should drastically reduce the confusion and time lost on installations, particularly toward the end of construction projects (near the time of Certificate of Occupancy request). _ Landing requirements for one and two-family residential structures: Exceptions have been added to reduce landing requirements for stairs in attached garages and to patio areas. _ Windows in corridor walls: New language has been added to allow for unlimited window opening area in corridor walls of sprinklered buildings, provided certain other conditions/alternative installations are provided. This exception/option has been approved by the BCSA in a number of cases over the past several years, and will allow the use of more glass between office areas, corridors and lobby areas. Use of such large expanses of glass has become an increasingly popular design feature around Wichita. _ Accessibility: The amendments for the 1997 UBC further clarify/eliminate the conflicting regulations for access for the disabled. State Statue mandates that local jurisdictions deny issuance of a building permit for failure to comply with the American's with Disabilities Act. Proposed amendments fully eliminate any UBC conflicts with ADA and Fair Housing Act regulations, and have been modified as one, consistent and unified standard in the proposed Building Code amendments. _ Mechanical ventilation requirements: A provision is added to allow the use of re-circulating fans in bathrooms in certain types of occupancy classifications, eliminating the requirement for venting to the exterior of the building. This will be a significant construction cost savings in many projects, while maintaining the environmental health standards intended by the Code. _ Safety glazing in one and two family dwellings: Provisions have been added to reduce certain requirements for safety glazing in one and two-family dwellings, and to provide an option for safety film use in lieu of safety glazing in certain situations. This issue was studied over a period of 5-6 months by industry and manufacturing professionals, the BCSA and staff. It was determined that the safety intent of the UBC would not be compromised by these reduced and/or alternative standards. _ Fire/smoke control doors across the point of access to an elevator car used in lieu of an elevator lobby: The local amendments provide an alternative to fire-rated elevator lobbies by allowing fire/smoke control doors directly in front of an elevator car when designed to certain safety standards. This design issue has come up on several occasions over the past several years, and this provides a safe alternative to growing design concerns about elevator lobby requirements. _ Exclusion of various UBC Appendix Chapters: A number of UBC Appendix Chapters which are not applicable to Wichita or are covered by other local ordinance provisions are excluded from adoption. b. Uniform Fire Code. Agenda Report No. 98-405. These briefs were initiated by the Fire Department so ordinances are as recent as possible and necessary to prevent or significantly reduce loss of life and property due to fire, hazardous material incident or other emergency. The ordinances repeal the existing fire code and adopt the 1997 Uniform Fire Code in its entirety. Several amendments to the Uniform Fire Code are included which make specific technical changes to specific code provisions. These technical changes have been approved by the State Fire Marshal's office. The ordinances provide a substantive change from past procedures, in that appeals of decisions of the Fire Chief, other than for overcrowding violations, will be heard by the Board of Code Standards and Appeals, rather than the City Council. Council Member Kamen Council Member Kamen stated that he would like to defer the UFC one week, or have the Item placed on the Unfinished Business Agenda on May 19th, to allow time to discuss the recommendations with the Fire Department. c. Uniform Plumbing Code. Agenda Report No. 98-406. The City of Wichita's Plumbing and Gas Fitting Code (Title 21) incorporates the national model code developed by the International Conference of Building Officials (ICBO), and amends it, as necessary, to meet local needs and conditions. This model code is called the Uniform Plumbing Code (UPC). The UPC is updated at a national level and reprinted every three years, at which time it is also reviewed and amended locally. The national edition of the 1997 UPC was made available in August 1997. Since then, the new UPC has been reviewed by staff, local trade groups (primarily the Plumbing, Heating & Cooling Contractors Association) and the Board of Appeals of Plumbers and Gas Fitters. After several meetings and hearings, the Board of Appeals of Plumbers and Gas Fitters recommended approval of the proposed amendments to the City's Plumbing and Gas Fitting Code, which adopts the 1997 UPC with a number of local amendments to reflect local conditions and needs. The most significant proposed changes are as follows: _ Section 21.04.010: Changes the 1994 edition of the Uniform Plumbing Code to the 1997 edition of the Uniform Plumbing Code. _ Section 21.04.040: A limit on the number of apprentices supervised has now been included in the Code. Per proposed amendments, there shall be a maximum of two (2) apprentices per one master or one journeyman plumber. Unsupervised apprentices have become a significant problem as related to proper installation techniques and quality control. Ratios such as this are common in many cities, and the proposed 2:1 ratio is consistent with the 2:1 in the City's Mechanical Code. _ Section 21.04.040 (b): A change has been made in the practical experience requirements for licensure and/or certification. Experience requirements are changed to be more consistent with general industry standards, and are amended as follows: Journeyman plumber................two years as an apprentice Master plumber .......................two years as a Journeyman Journeyman Gas Fitter.............two years as an apprentice Master Gas Fitter.....................two years as a Journeyman Journeyman Drain Layer.........two years as an apprentice Master Drain Layer..................two years as a Journeyman Journeyman Lawn Irrigation....two years as an apprentice Master Lawn Irrigation............two years as a Journeyman _ Section 4.21.04.145: The requirements for back-flow valves (Section 710.1 of the UPC) to protect drain pipes from back-flow of sewage have been strengthened to require additional back-flow prevention. This will further protect homes with drains below the elevation of the next upstream manhole from sewage back-flow problems. _ 8.21.04.220: The requirements for water service pipe entering a structure have been changed. Water service pipe entering a structure cannot run through and into the structure, but instead must terminate within four (4) inches of basement wall or foundation wall. At the termination of the exterior piping, the piping must be changed to piping approved for the interior of a building. Permit, license, certificate and examination fees remain the same as they are now in the City Ordinance (Title 21). d. Uniform Mechanical Code. Agenda Report No. 98-407. The City of Wichita's Mechanical Code (Title 22) incorporates the national model code developed by the International Conference of Building Officials (ICBO), and amends it, as necessary, to meet local needs and conditions. This model code is called the Uniform Mechanical Code (UMC). The UMC is updated at a national level and reprinted every three (3) years, at which time it is also reviewed and amended locally. The national edition of the 1997 UMC was made available in August 1997. Since then, the new UMC has been reviewed by staff, local trade groups (primarily the Plumbing, Heating & Cooling Contractors Association) and the Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers. After several meetings and hearing, the Board recommended approval of the proposed amendments to the City's Mechanical Code, which adopts the 1997 UMC with a number of local amendments to reflect local conditions and needs. The most significant proposed changes are as follows: _ Section 22.04.010: Changes the 1994 edition of the Uniform Mechanical Code to the 1997 edition of the Uniform Mechanical Code. _ Section 22.04.021: This newly created section stipulates that Notices of Correction or Violation shall be written by the Administrative Authority, and may be posted at the work site, mailed by registered letter, or delivered to the permittee. Refusal, failure, or neglect to comply within ten (10) days of receipt shall be considered a violation of the code. _ Section 22.04.037.1: Listed or approved unvented gas- fired heaters may be used. These heaters shall be manufactured to ANSI standard Z 21.11 .2b-1982, be equipped with oxygen depletion sensor (ODS), and be labeled in accordance the "Consumer Products Safety Commission" regulations. _ Section 22.04.140: The number of members of the Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (Mechanical Board) is reduced from nine (9) to seven (7) members. The designated positions of "mobile home service mechanic" and "architect" have been extremely difficult to fill, as there are very few issues for mobile home service mechanics and because architects are generally more interested in building code issues. The membership is proposed to be as follows: 1) A Refrigeration Contractor 2) A Journeyman Heating and Air conditioning 3) A Boiler Contractor 4) A Master Air conditioning and Warm Air Contractor 5) A Journeyman Boiler 6) A Public at large 7) A Mechanical Engineer _ Section 22.04.170: Meetings, Rules, Records. The Board of appeals of Air conditioning, Refrigeration and Warm Air shall meet in conformance with Section 2.12 of the Code of the City of Wichita. In the past, this Board has set its own guidelines. This change is made to make the rules and procedures of this Board consistent with other Boards in the City. _ Section 22.04.200: A change is made in the requirements to sit for examinations for licensure and/or certification. For the Journeyman Mechanical Exam, the requirement will be one year as an apprentice and completion of a Technical School, or two years as an apprentice. For the Masters Mechanic Exam, the requirement will be two years as a Journeyman. Permit, license, certificate and examination fees remain the same as they are now in the City Ordinance. e. Title 16 - Sewer Ordinance. Agenda Report No. 98-408. The Sewer Ordinance is a complementary ordinance, in part, to the City of Wichita Plumbing and Gas Fitting Ordinance (Title 21). Certain revisions to the Sewer Ordinance are needed to maintain consistency with the Plumbing and Gas Fitting Code which is also being amended at this time to adopt the 1997 Edition of the Uniform Plumbing Code (a national model plumbing code, updated and published every three (3) years by the International Conference of Building Officials). The proposed Sewer Code amendments have been reviewed and recommended for approval by the Board of Appeals of Plumbers and Gas Fitters and the Wichita Water and Sewer Department. The only amendment proposed will delete reference to "Appendix D" in Section 16.04.130, replacing it with "Chapter 11 of the 1997 Uniform Plumbing Code". Chapter 11 basically replaced Appendix D in the 1997 Edition of the Uniform Plumbing Code. Permit, license, certificate and examination fees remain the same as they are now in the City Ordinance. f. Title 17 - Lawn Irrigation Ordinance. Agenda Report No. 98-409. The Lawn Irrigation Code is a supplement to the City of Wichita's Plumbing and Gas Fitting Code (Title 21). The Lawn Irrigation Code outlines requirements for installation of lawn sprinkler systems connected to potable water. Minor revisions to the Lawn Sprinklering Code are needed to maintain consistency with the Plumbing and Gas Fitting Code which is also being amended at this time to adopt the 1997 Edition of the Uniform Plumbing Code (a national model plumbing code, updated and published every three (3) years by the International Conference of Building Officials). The proposed Lawn Irrigation Code amendments have been reviewed and recommended for approval by the Board of Appeals of Plumbers and Gas Fitters. There is only one amendment proposed to change the minimum qualification requirements to sit for the master lawn sprinkler certification exam. This amendment makes the lawn irrigation requirements consistent with those in the Plumbing and Gas Fitting Code by requiring that those sitting for the master certification exam have at least two (2) years of experience as a journeyman working for a qualified master lawn sprinkler installer. While the old Code had the same provision, it also allowed a person that was not a journeyman to sit for the master exam if they had at least four (4) years of experience working for a qualified master lawn sprinkler installer. Permit, license, certificate and examination fees remain the same as they are now in the City Ordinance. Motion -- Knight moved that the Ordinances be placed on first reading; and that the UFC Ordinance second reading be placed on the Unfinished Business Agenda for May 19, -- carried 1998. Motion carried 7 to 0. ORDINANCE An Ordinance amending sections 18.04.010, 18.04.100, 18.04.140, 18.04.160, 18.04.200, 18.04.210, 18.04.240, 18.04.250, 18.04.270, 18.04.290, 18.04.320, 18.04.330, 18.04.340, 18.04.360, 18.04.380, 18.04.390, 18.04.400, 18.04.410, 18.04.420, 18.04.430, 18.04.440, 18.04.450, 18.04.460, 18.04.470, 18.04.480, 18.04.500, 18.04.510, 18.04.520, 18.04.530, 18.04.540, 18.04.550, 18.04.610, 18.04.620, 18.12.170, 18.40.070, 18.40.080, 18.40.130, 18.40.140, 18.40.150, 18.40.210, 18.40.410, 18.40.470, of the code of the City of Wichita, Kansas, pertaining to the uniform building code and repealing originals thereof; repealing sections 18.04.490, 18.04.580, and 18.04.600 of the City of Wichita, Kansas, pertaining to the uniform building code; and creating sections 18.04.185, 18.04.295, 18.04.325, 18.04.335, 18.04.353, 18.04.356, 18.04.385, 18.04.395, 18.04.445, 18.04.447, 18.04.535, 18.04.555, 18.04.565, 18.04.575, 18.04.577, 18.04.596, 18.04.597, 18.04.598, 18.04.615, of the code of the City of Wichita, Kansas, pertaining to the uniform building code, introduced and under the rules laid over. ORDINANCE An Ordinance creating sections 15.01.010, 15.01.020, 15.01.130, 15.01.140, 15.01.050, 15.01.060, 15.01.070, 15.01.080, 15.01.090, 15.01.100, 15.01.110, 15.01.120, 15.01.130, 15.01.140, 15.01.150, 15.01.160, 15.01.170 of the code of the City of Wichita, Kansas to adopt the 1997 edition of the uniform fire code and City of Wichita amendments thereto, repealing the originals of said sections and also repealing sections 15.01.045, 15.01.075, 15.01.095, 15.01.115, 15.01.165, 15.01.180, 15.01.185, 15.01.190, 15.01.200, 15.01.210, 15.01.220, 15.01.250, 15.01.260, 15.01.270, 15.01.275, 15.01.280, 15.01.300 and 15.01.310 of the code of the City of Wichita, Kansas, introduced and under the rules laid over. ORDINANCE An Ordinance amending sections 21.04.010, 21.04.040, 21.04.045, 21.04.145, 21.04.170, 21.04.204, 21.04.205, 21.04.220, 21.04.267, 21.04.295, 21.04.296, 21.04.298, 21.04.299, 21.04.300, 21.04.305, and 21.04.310; of the code of the City of Wichita, Kansas, and repealing the originals of sections 21.04.010, 21.04.040, 21.04.045, 21.04.101, 21.04.137, 21.04.145, 21.04.170, 21.04.204, 21.04.205, 21.04.220, 21.04.255, 21.04.260, 21.04.267, 21.04.290, 21.04.295, 21.04.296, 21.04.298, 21.04.299, 21.04.300, 21.04.305, 21.04.310 and 21.04.315 of the code of the City of Wichita, Kansas; all pertaining to the uniform plumbing code, introduced and under the rules laid over. ORDINANCE An Ordinance adopting the 1997 edition of the uniform mechanical code by reference: amending sections 22.04.010, 22.04.036, 22.04.037.1, 22.04.038, 22.04.039, 22.04.039.1, 22.04.100, 22.04.130, 22.04.140, 22.04.170, 22.04.200, 22.04.220, and 22.04.300 of the code of the city of wichita, Kansas; creating sections 22.04.021, 22.04.039.2 22.04.039.3, 20.04.039.4, 22.04.039.5 and 22.04.039.6 of the code of the City of Wichita, Kansas, pertaining to the mechanical code and repealing the originals of sections 22.04.010, 22.04.036, 22.04.037.7.1, 22.04.038, 22.04.039, 22.04.039.1, 22.04.100, 22.04.130, 22.04.140, 22.04.170, 22.04.200, 22.04.220, and 22.04.300, introduced and under the rules laid over. ORDINANCE An Ordinance amending sections 16.04.130, 16.04.150 and 16.04.450 of the code of the city of Wichita, Kansas, pertaining to the sewers, sewage disposal and drains codes; and repealing the originals thereof, introduced and under the rules laid over. ORDINANCE An Ordinance amending section 17.08.015(b) of the code of the City of Wichita, Kansas, pertaining to the lawn sprinkling system code; and repealing the original thereof, introduced and under the rules laid over. CONSOLIDATED PLAN HUD CONSOLIDATED PLAN/NEIGHBORHOOD REVITALIZATION PLAN. Tom Smith Grants In Aid Coordinator reviewed the Item. Agenda Report No. 98-410. On April 7, 1998, the City Council approved the 1998/99 One Year Action Plan and the Neighborhood Revitalization Plan as substantial amendments to the HUD Consolidated Plan and authorized staff to initiate the required thirty day public comment period. A Public Notice inviting public comment on the 1998/99 One Year Action Plan and the Neighborhood Revitalization Plan was published on April 10, 1998. The thirty day public comment period ended May 10, 1998. No comments were received. Copies of both plans were made available at public locations. The 1998/99 One Year Action Plan lists the federal resources expected to be available to address priority needs previously approved by the City Council and a description of activities (projects funded by the City Council), the geographic location of the activities. The One Year Action Plan covers the period beginning July 1, 1998 and ending June 30, 1999. HUD has reviewed the Neighborhood Revitalization Plan and HUD will approve the Neighborhood Revitalization Plan subject to resolution of the following issues: Orchard Breeze Neighborhood Revitalization Area The area approved contains less than 60% low and moderate income household which is the HUD minimum requirement. To resolve this issue, HUD and staff recommend the Orchard Breeze Neighborhood Revitalization Area eastern boundary (generally West Street) be merged with the western boundary (Sheridan) of the Core Area Neighborhood Revitalization Area. If approved, the Orchard Breeze Neighborhood Revitalization Area will be part of the Core Area Neighborhood Revitalization Area. The Orchard Breeze Local Investment Area will not change. Housing HUD prefers the City not use CDBG funds for exclusive housing in the Central Business District. To address this concern, staff recommend inclusion of language stating the City will not use CDBG funds to support multi-family housing projects in the Central Business District unless a portion of the housing units are occupied by low or moderate income households. The 1998-99 Consolidated Plan totals $7,607,560 and is comprised of grant funds and estimated income (primarily derived from revolving funds such as Historic Loans). The City has met the requirements to proceed with the submittal of the 1998/99 One Year Action Plan to HUD. However, State law requires public notice and a public hearing to change the Neighborhood Revitalization Plan. If the City Council approves the changes to the Neighborhood Revitalization Plan, the revised Plan will be presented to the City Council at a later date. Council Member Kamen left the Bench. Motion -- Rogers moved that the 1998/99 One Year Action Plan and the revisions to the Neighborhood Revitalization Plan be approved; and the Mayor be authorized to sign -- carried the grant documents. Motion carried 6 to 0. (Kamen absent) TRANSPORTATION PROGRAM RESOLUTION ENDORSING THE ENACTMENT OF A NEW STATE-WIDE COMPREHENSIVE TRANSPORTATION PROGRAM. Council Member Kamen present. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-411. The eight-year comprehensive highway program enacted by the Kansas Legislature in 1989 concluded on June 30, 1997. Local governing bodies are encouraged to identify specific transportation needs that could be addressed by a new program and to adopt a Resolution outlining these needs for distribution to Governor Graves and members of the Kansas Legislature and others. The economic and safety enhancement benefits to the state and its citizens from the 1989 Comprehensive Highway Program were enormous; however, substantial transportation needs remain. It is likely that the 1999 Legislature will consider a Comprehensive Transportation Program and it is important that local governments identify transportation needs and begin building legislative and citizen support for a new transportation program. It is requested that the City Council adopt a Resolution of support for a new transportation package and outlining specific priority projects important to Wichita and its environs. If adopted, the Resolution will be distributed to Governor Graves and members of the Kansas Legislature, along with other individuals/organizations who are in a position to influence support for a new Comprehensive Transportation Program. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Resolution be adopted and Staff be authorized to distribute -- carried the Resolution. Motion carried 7 to 0. RESOLUTION NO. R-98-184 A Resolution endorsing transportation improvements and the enactment of a new state-wide Comprehensive Transportation Program, presented. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. CHILDREN'S NETWORK RESOLUTION OF ENDORSEMENT AND SUPPORT OF CHILDREN'S ACCESS NETWORK. Connie Neeley Connie Neeley reviewed the Item. Agenda Report No. 98-447. A concept, originated by Ms. Connie Neeley, has been proposed for implementation nation-wide to address a needed information service. The proposal has been introduced to various organizations and individuals. To date, the concept has received the support of 27 Attorneys General throughout the United States, and will shortly be introduced to the National Governor's Association and the National League of Cities for endorsement. It is being considered at the June 4, 1998, Kansas League of Municipalities Board of Director's meeting for endorsement. A presentation to Governor Graves has been scheduled for later this month. The plan is to develop sufficient endorsements and support for it to be presented to President Clinton and, hopefully, gain federal support and involvement to implement the program nation-wide. The concept will be presented to the City Council for endorsement and support. It is also suggested that the City of Wichita, working with the State of Kansas, develop a pilot network project. The proposal involves an easily-accessible, computerized network containing essential information about existing human, social and health resources for children and families. Most, if not all, of this information is readily available on the Internet, but may be categorized under differing names, titles and headings. Having this information compiled and placed under easy, conveniently-identified service categories (i.e. housing, dental, job training, food, clothing, legal assistance, etc.) would provide a needed and valuable service to those who have need for service providers. Local access points for persons seeking such information could be within libraries, designated city and county offices, and/or approved other agencies. The objective of this information system is to enable families to "tap" into the same type of information at a consistent location, from community-to-community and state-to-state. The establishment of the network can be accomplished with the occurrence of multiple concurrent tasks. One method might be connecting communities through existing federal agencies. Local housing or human service agencies, who rely on federal funding, could serve as the local base or connector points. These could serve as the foundation for the service database, as well as a local reservoir for research confirming additional federal, state, local, profit and non-profit agencies and associations established within reasonable geographic proximity. Central locations within the federal government could be established to connect the networks. The expense to this system would be the time required to establish and develop the local database/information, and to provide for the necessary computers and locations for the network to operate and be accessed. Special funding to develop local and state systems are anticipated to be made available through existing funding grants. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the concept be endorsed and the support Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-185 A Resolution of endorsement and support of Children's Access Network, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RECESS The City Council recessed at 10:10 a.m. and reconvened at 10:20 a.m. PROPERTY REDEVELOPMENT REDEVELOPMENT OF PROPERTY AT 21ST AND OLIVER. (District I) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-448. On November 20, 1996, Dillons Real Estate Co. Inc. donated the Dillons Supermarket property, located at the corner of 21st Street North and Oliver, to the City of Wichita. The former Dillons store was deeded to the City, along with the land, fixtures, shelving and equipment when the Dillon's store ceased its business operations at that location. It was the intent of the City Council to search for a developer, and hopefully, another food store at this location. However, efforts have failed to find an interested food company willing to invest in a supermarket at this location. Other uses have also been explored, but to date, no private investors have been located to develop this property. The property has remained vacant. Through the efforts of the District Councilman, a potential developer has been identified. Staff has assisted Councilman Rogers in trying to formulate a project that would place this property back on the tax rolls, encourage private investment, and aid the creation of new and expanded minority- owned businesses at this location. A new developer with the necessary financial resources, Air Capital Community Development Company, has presented a new redevelopment concept which is being presented to the City Council for consideration. Dillons' decision to close its store at 21st and Oliver was a difficult one, both for Dillons and for the northeast Wichita neighborhood that had provided the core of the store's customer base. The store's closing, after a previous neighborhood-led attempt to keep the store open, was seen by many as a negative impact to the quality of life and local economy in the northeast Wichita community. Likewise, the donation of the former Dillons property to the City was generally viewed as an opportunity for economic development of the northeast Wichita community. In view of this, the City has focused its efforts for redeveloping the property on identifying ways in which the property can be used to foster development and encourage new and expansion of small and/or minority- owned businesses. Air Capital Community Development Company ("ACCDC") is proposing to purchase the former Dillons building and remodel it to serve as a retail (mini-mall) center that would house a 6,000 s.f. restaurant specializing in African-American cuisine as the anchor business and several minority-owned businesses as tenants. At present, ACCDC has three prospective tenants interested in leasing space in the facility, in addition to the restaurant: a community publication (4,000 s.f.); a retail store specializing in outdoor products (5,000 s.f.); and a barber and beauty shop (1,800 s.f.). Other tenant businesses are being sought to complete the space available. The cost of converting the existing building into a mini- retail center has been estimated at approximately $750,000. The City engaged the services of an architectural firm to assist in the study of costs for converting the former grocery store building into a small business center. The cost study identified needed improvements to the parking lot, roof repairs, replacing the existing building canopy, creating new entrances to the building, interior demolition work, construction of demising walls, interior corridors and additional restrooms, a multi-zone HVAC system, increased-capacity water and sewer lines, plumbing, electrical and lighting improvements and vanilla-box finish of tenant space. These improvements are felt necessary to convert this building and parking into a new business center. The proposal is for ACCDC to lease-purchase the property from the City for a price equal to the redevelopment costs. ACCDC is asking the City to carry the financing of redevelopment costs in exchange for a first mortgage note from ACCDC. ACCDC is also seeking a loan from the CDBG neighborhood stabilization funds to buy-down the amount of the owner-carry financing, to approximately $500,000, to be repaid over 15 years at a market interest rate. ACCDC proposes to provide $150,000 in private debt and equity funds to pay for furniture, fixtures and equipment ("FF&E") in the restaurant, and for working capital. The sub-tenants will each provide their own financing for tenant FF&E and working capital. ACCDC has asked that the existing FF&E not needed by the City for other uses, be made available for use by the restaurant and sub-tenants at no cost. The City Council has designated $700,000 in CDBG funds for use in the Neighborhood Stabilization Fund in 1998; a portion has been designated for projects that benefit economic development and/or housing. The City Council may re-designate all or part of this money specifically for use as loans or grant funds in the redevelopment of the former Dillons building. The balance of the funds required for the redevelopment project (approximately $500,000) could from the City's general fund reserve or CDBG earnings income. [ Staff recommends against general obligation bond financing for this project because it is difficult to structure bond payments to allow for relatively weak cash flow in the initial years and because bond financing for a relatively small amount is inefficient and costly.] The initial $500,000 invested in the building (for remodeling) will be effectively loaned to Air Capital Community Development at market interest rates, to be repaid over 15 years. The loan will be secured by a first mortgage on the property. The balance, or $250,000, would be a subordinated loan repayable when the property was sold by the developer. If approved, the total cost for remodeling would be earmarked from Community Development Block Grant funding. Features of the proposed development agreement: 1. City agrees to lease-purchase the former Dillon's property. The developer would have the right to purchase this property after 5 years; if acquired at this time, the rent paid would be credited against the purchase price. For the first 5 years, the developer would lease the property under triple net lease arrangement. 2. The City would advance the funds to remodel the facility, currently estimated at $750,000. These funds would be recovered with a first mortgage of $500,000, at market interest rates, and a $250,000 which will be a lien against the property. 3. The developer would invest $150,000 as equity in the project. 4. A negotiated developer's agreement will outline the details of the project, including repayments, terms and conditions, and other features of the lease-purchase arrangement. Council Member Ferris momentarily absent. Council Member Lambke Council Member Lambke said he did not receive the information in time for him to be comfortable in voting for the Item, and requested a deferral. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Bishop Gilkey Bishop Gilkey, representing ACCDC, a subsidiary of Kansas Southwest Church of God in Chist, stated that there is no intent to sell the property - now or ever. The development would add 30 to 45 people to the payroll. Motion -- Lambke moved that this Item be deferred one week. Motion died for lack of -- died a second. Motion -- Rogers moved that Air Capital Community Development, Inc. be designated as preferred developer for the 21st and Oliver project and staff be authorized to negotiate a development agreement for approval by the City Council. Substitute motion -- Lambke moved a substitute motion that naming of a preferred developer be deferred for 30 days until the contract and plans can be submitted to the City Council. -- failed Substitute motion failed 6 to 1. Lambke - Yes. -- carried Motion carried 6 to 1. Lambke - No. CITY COUNCIL AGENDA APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999). Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect - Council at large) Civil Rights and Services Board (Rogers) Commission on the Status of People with Disabilities (2 appointments - Cole, Kamen) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (2-Lambke) Wichita Transit Advisory Board (Rogers) Motion -- Kamen appointed Ryan Senter (Disabilities) and moved that the appointment be -- carried approved. Motion carried 7 to 0. Council Member Kamen left the Bench. NOTICE OF VACANCY - WICHITA TRANSIT ADVISORY BOARD. One vacancy (Ferris), due to the resignation of Tod Ford, for a term expiring June 30, 1999. Motion -- Ferris moved that the rules be set aside and an appointment be made off the -- carried Agenda. Motion carried 6 to 0. (Kamen absent) Motion -- Ferris appointed Mitch Faroh (Wichita Transit) and moved that the appointment be -- carried approved. Motion carried 6 to 0. (Kamen absent) NOTICE OF VACANCY - HUMAN SERVICES BOARD. One vacancy (Council at large), due to the resignation of Virginia White, for a term expiring June 30, 1999. Appointment will be made May 26, 1998. OFF AGENDA APPOINTMENT APPOINTMENT TO CPO COUNCIL DISTRICT 5.3. Motion -- Ferris moved that an appointment be taken up off the Agenda. Motion carried -- carried 6 to 0. (Kamen absent) Council Member Kamen present. Motion -- Ferris appointed Mike Cheeseman and moved that the appointment be approved. -- carried Motion carried 7 to 0. Council Member Ferris Council Member Ferris explained that he made the appointment based on Mr. Cheeseman getting the second most votes in the last election. PROCLAMATIONS PROCLAMATIONS. -- Bob Schafer Day -- Viteo P. Guest Memorial Day Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, including Addendum Item 39a, and except Items 34 and 39, 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 MAY 11, 1998. At 10:00 a.m., Friday, May 8, 1998, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes May 11, 1998) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains as per specifications 1998 Sanitary Sewer Rehabilitation Program, Phase C (north of Maple, east of 135th Street West). (468-82836/620070/533359) Does not affect existing traffic. (Council approval date 1-6-98) (District V) Utility Maintenance Contractors Inc. - $28,135.00 Lateral 396, Southwest Interceptor Sewer to serve Prairie Woods Second Addition (north of Pawnee, west of Maize). (468-82821/743476/480438) Does not affect existing traffic. (Council approval date 4-14-98) (District V) KC Excavating - $82,945.00 Water Distribution System to serve Prairie Woods Second Addition (north of Pawnee, west of Maize). (448-89256/734483/470526) Does not affect existing traffic. (Council approval date 4-14-98) (District V) WBW Contractors - $47,743.75 Murdock Street Paving, Water Line, Storm Sewer and Sanitary Sewer (west of Waco to the east side of Wabash) and Resurfacing of 9th Street (Santa Fe to Mosley). (472-82473/448-89141/ 468-82707/- /706002/635359/621763/132225/405154/544635/ 533287/112000) closed to through traffic during construction. (Council approval 2-4-97) (Districts VI and VII) Ritchie Paving - $4,583,646.75 (Total Base Bid With Added Alternate) Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. VARIOUS DEPARTMENT/VARIOUS DIVISIONS: Electrical Repairs (Various) Baldridge Electric, Inc. - $22.50 (Standard Hourly Labor Rate Per Man Per Hour) CITY MANAGER DEPARTMENT: Publication of Legal Notices (032102) The Daily Reporter - $0.52 (Item I-Cost Per Line) FIRE DEPARTMENT/SUPPORT SERVICES DIVISION: Firefighters Protective Clothing (070136) Danko Emergency Equipment Co - $66,384.00 (Group I- Total Net Bid) $ 4,467.00 (Group II-Total Net Bid) $ 3,861.00 (Group III-Total Net Bid) Casco Industries, Inc. - $ 4,249.00 (Group IV-Total Net Bid) Danko Emergency Equipment Co. $ 648.00 (Group V- Total Net Bid) $ 925.00 (Group VI-Total Net Bid) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1998 (Consumption off Premises) Paul A. Dawson Metro Oil Inc. dba324 West Harry Street Metro Beverage Co. Paul A. Dawson Metro Oil Inc. dba960 East Pawnee Street Metro Beverage Co. Paul A. Dawson Metro Oil Inc. dba1826 West 13th Street North Metro Beverage Co. Paul A. Dawson Metro Oil Inc.dba3128 East Harry Street Metro Beverage Co. Paul A. Dawson Metro Oil Inc. dba4003 South Broadway Street Metro Beverage Co. Paul A. Dawson Metro Oil Inc. dba731 North Ridge Road Metro Beverage Co. Paul A. Dawson Metro Oil Inc. dba106 South Hydraulic Street Metro Beverage Co. Paul A. Dawson Metro Oil Inc. dba223 East 21st Street North Metro Beverage Co. Paul A. Dawson Metro Oil Inc. dba3919 West Pawnee Street Metro Beverage Co. Paul A. Dawson Metro Oil Inc. dba240 South West Street Metro Beverage Co. Paul A. Dawson Metro Oil Inc. dba1622 South West Street Metro Beverage Co. Paul A. Dawson Metro Oil Inc. dba248 South Hillside Metro Beverage Co. Paul A. Dawson Metro Oil Inc. dba3233 North Rock Road Metro Beverage Co. Paul A. Dawson Metro Oil Inc. dba851 South Meridian Street Metro Beverage Co. 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. a. Water Main in Maple Street from 119th Street West to Maize Road (north of Kellogg, east of 119th Street West). (448-89129/633552/544- 540) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-6-98) (District V) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 22, 1998. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Lindsay's Orchard Addition (north of Pawnee, west of Maize). (448-89235/734442/470522) At least one lane of traffic on Lark to be maintained through construction. (Council approval date 2-10-98) (District 5) b. Lateral 15, Cowskin Interceptor Sewer to serve Auburn Hills 5th Addition (north of kellogg, east of 151st St. West). (468- 82806/743492/480440) Does not affect existing traffic. (Council approval date 2- 10-98) (District 5) c. Lateral 20, Main 13, Southwest Interceptor Sewer to serve Lindsay's Orchard Addition (north of Pawnee, west of Maize. (468- 82809/743450/480436) Does not affect existing traffic. (Council approval date 2- 10-98) (District 5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 22, 1998. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1997 Enhanced Maintenance Rubberized Crack Sealing of Asphalt Streets (various locations). (706648/405-218) Traffic to be maintained through construction using flagpersons and barricades. Street will be fully open at night. (Council approval date 12-16-97) (Districts III and V) - $70,000.00 b. 1997 Enhanced Maintenance Traverse Thermal Crack Repair of Asphalt Streets (various locations). (706648/405-218) Traffic to be maintained through construction using flagpersons and barricades. Restricted to one lane while concrete is in cure. (Council approval date 12-16-97) (Districts III and V) - $150,000.00 c. 12" Water Line in Airport Road from north of Harry to south of Kellogg (south of Kellogg, west of Hoover). (448-88953/633495/544-536) Traffic to be maintained through construction. (Council approval date 1-6-98) (District V) - $129,628.36 d. Water Distribution System to serve Brentwood Village Addition (south of Harry, east of Webb). (448-89113/734434/470-521) Does not affect existing traffic. (Council approval date 2-25-97) (District II) - $47,000.00 e. Water Distribution System to serve Country Club Court Addition (west of 127th Street East, south of 13th Street North). (448- 89221/734400/470-518) Does not affect existing traffic. (Council approval date 11-18-97) (District n/a) - $122,200.00 f. Lateral 365, Southwest Interceptor Sewer to serve Chitwood Addition (south of 47th Street South, east of West Street). (468- 82587/742650/480-357) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 04-02-96) (District IV) - $215,856.27 g. Replacement of the Douglas Avenue Bridge over the Arkansas River (McLean Boulevard to Waco Street). (472-82721/715482/415062) Closed to through traffic. (Council approval date 12-9-97) (District VI) - $7,500,000.00 h. Stoneybrook from the east line of Stoneybrook (North) to the south line of Goebel, and; Goebel from the east line of Stoneybrook to the east line of Stoneybrook to serve Brentwood Village Addition (south of Harry, east of Webb). (472-82796/764902/490-592) Does not affect existing traffic. (Council approval date 4-7-98) (District II) - $203,000.00 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST (CHESNEY). (Amended) Constructing the Water Supply Line for part of Lot 1, Block 1, Southborough Estates edition (north of 47th Street South, west of Meridian) Total Cost $35,011 (construction cost - $32,170.00; idle fund interest estimate - $1,074; temporary financing estimated - $1,767). (448- 88234/733246/470402) Motion -- Knight moved that the Statements of Cost be received and filed and the proposed -- carried assessment rolls be prepared. Motion carried 7 to 0. SPECIAL ASSESSMENTS 100 PERCENT PETITION FOR WATER DISTRIBUTION SYSTEM (AREA ALONG THE EAST SIDE OF DORIS, NORTH OF 11TH STREET). (District V) Agenda Report No. 98-412. On July 29, 1997, the City Council approved a Water Distribution System to serve Eck 4th Addition, a new residential subdivision. Although part of the system is adjacent to existing homes, the developer did not include them in the improvement district in order to avoid conflict with the neighborhood. During construction of the waterline, six homeowners submitted Petitions requesting that their property be incorporated into the improvement district. The Petitions total $6,600. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-186 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89107 (south of 13th, west of West Street) 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. 100 PERCENT PETITION FOR SANITARY SEWER TO SERVE AN UNPLATTED TRACT (SOUTH OF 37TH STREET NORTH, WEST OF WOODLAWN). (District I) Agenda Report No. 98-413. The signature on the Petition represents 100% of the improvement district. The project will extend sanitary service to a church building, which is located outside the City limits. The estimated project cost is $90,000. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-187 Resolution of findings of advisability and Resolution authorizing construction of Lateral 95, Sanitary Sewer No. 23 (south of 37th Street North, west of Woodlawn) (Project No. 468-82832) 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. B0ARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Code Standards and Appeals, 4-6-98 CPO Northeast Council 1, 4-27-98 CPO East Council 2, 4-27-98 CPO Southeast Council 3, 4-23-98 CPO Southwest Council 4, 4-23-98 Metropolitan Area Planning Commission, 4-16-98 Wichita Public Library Board, 4-21-98 Wichita/Sedgwick County Emergency Communications Advisory Board, 4-16-98 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. RETIREMENT REPORTS WICHITA EMPLOYEES' RETIREMENT AND POLICE & FIRE RETIREMENT ACTUARIAL VALUATION REPORTS. (January 1, 1997 - December 31, 1997) Agenda Report No. 98-414. The Wichita Employees' Retirement (WER) Board and the Police & Fire Retirement Board employ Gabriel, Roeder, Smith & Company to serve as technical advisor/consultant and to supply the Boards with information relative to actuarial phases of the operation of the systems. The actuary recommends the mortality, interest and other required actuarial tables; makes an annual valuation of liabilities and reserves, an annual determination of the amount of contributions necessary to meet requirements for annuities and benefits, certifying the results to the Board; and reviews the operating experience of the systems as a check of the adequacy of the recommended actuarial standards. The funding objective of the WER and P&F Systems is to establish and receive contributions, expressed as percents of active member pensionable payroll, which will remain approximately level from year to year, and will not have to be increased for future generations of citizens, in the absence of benefit improvements. The Systems are supported by: (1) member contributions, (2) city contributions, and (3) investment income from retirement fund assets. 1. The actuaries report that the City's WER contribution requirement for the fiscal year beginning January 1, 1999 has been computed to be 8.4% and the City's P&F contribution requirement is 15.9% of active member pensionable payroll. These rates are based on the benefit provisions and active member contribution rates in effect December 31, 1997. Of the total dollar amount contributed to WER, 4.1% of Plan 3 payroll is allocated to individual Plan 3 members. The funding objective contribution requirement has been computed to remain level from year to year as a percentage of active member pensionable payroll, so long as benefits and demographic make-up of members does not change materially, and experience assumptions are realized. 2. The unfunded liabilities, funding ratio (liabilities covered by assets), and employer contributions for the WER and P&F Funds over the past five (5) years are shown below: WER Period Unf'd Act P.V Funding Employer Ending Accrued Benefits Ratios Contributions November 30, 1993 834,000 99.60%9.5% November 30, 1994 (1,809,000) 100.80%9.4% December 31, 1995 (6,511,000) 102.80%9.0% December 31, 1996 (23,718,000) 109.80%8.4% December 31, 1997 (a) (33,132,000) 112.60%8.4% P&F Period Unf'd Act. P.V. Funding Employer Ending Accrued Benefits RatiosContributions November 30, 1993 20,448,000 89.80%22.7% November 30, 1994 19,734,000 90.70%22.6% December 31, 1995 7,084,000 96.80%18.3% December 31, 1996 (940,000) 100.40%17.5% December 31, 1997 (a) (4,109,000) 101.60%15.9% 3. In summary, the actuaries report: "Aggregate experience of the Retirement System during the 12 months ended December 31, 1997 was more favorable than assumed. The increase in the funded ratios and the decrease in the funding objective employer contribution rates reflect the aggregate experience during the year." The cost to fund the WER System is 8.4% of pensionable payroll in 1999. The cost to fund the P&F System is 15.9% of pensionable payroll in 1999. Motion -- carried Knight moved that the Reports be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. CONSULTANT AGREEMENTS AGREEMENT FOR DESIGN SERVICES FOR SMITHMOOR SEVENTH ADDITION (SOUTH OF HARRY, EAST OF WEBB ROAD). (District II) Agenda Report No. 98-415. The City Council approved the Smithmoor Seventh Addition plat on September 16, 1997. The proposed Agreement between the City and Municipal Engineers provides for the design of Water Distribution System Number 448-89193; and paving Shiloh. Municipal Engineers provided subdivision engineering services for this addition, therefore, they can expedite construction plan preparation. Payment will be on a lump sum basis of $11,700 and will be paid by special assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. AGREEMENT FOR DESIGN SERVICES FOR BRENTWOOD VILLAGE ADDITION (SOUTH OF HARRY, EAST OF WEBB ROAD). (District II) Agenda Report No. 98-416. The City Council approved the Brentwood Village Addition plat on April 7, 1998. The proposed Agreement between the City and Savoy, Ruggles & Bohm, P.A. provides for the design of Water Distribution System Number 448-89113; and paving Stoneybrook. Savoy, Ruggles, & Bohm, P.A. provided subdivision engineering services for this addition, therefore, they can expedite construction plan preparation. Payment will be on a lump sum basis of $18,000.00 and will be paid by special assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. KDOT AGREEMENT FOR CONSTRUCTION FOR EASTERN BRIDGE OVER GYPSUM CREEK AT ORME. (District II) Agenda Report No. 98-446. The 1998 Capital Improvement Program (CIP) includes funding to rehabilitate Eastern Bridge over Gypsum Creek at Orme (CIP No. B-122). The Kansas Department of Transportation (KDOT) has agreed to let the construction contract for the project and participate in the project funding. The sufficiency rating of this bridge indicates that major repairs will be required within the next 10 years to avoid further deterioration. The estimated construction cost is $620,000. KDOT will pay 80% of the costs. The funding source for the City's share is General Obligation Bonds. The project will be brought back to City Council for approval prior to construction. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. SUPPLEMENTAL AGREEMENT FOR DESIGN OF STORM WATER SEWER AND LEFT-TURN BAY (NORTH OF HARRY, EAST OF WEBB ROAD). (District II) Agenda Report No. 98-417. On November 18, 1997, the City Council entered into an Agreement with Municipal Engineers, P.A. to design improvements to Harry from Webb Road to Greenwich Road. The fee was $61,950. The Design Agreement with Municipal Engineers requires Municipal Engineers to provide additional engineering services if requested by the City. On October 7, 1997, the City Council approved Petitions for Storm Water Sewer No. 492 and left turn bay on Harry Street to serve Park Meadows Estates Third Addition. City staff has decided the two petitioned projects should be built prior to or in conjunction with the Harry Street project. Payment to Municipal Engineers will be made on a lump sum basis of $4,800. The funding source is special assessments. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR LANDSCAPING BRADLEY FAIR PARKWAY (SOUTH OF 21ST STREET NORTH). (District II) Agenda Report No. 98-418. The City Council approved a project for landscaping Bradley Fair Parkway on March 3, 1998. On April 21, 1998, the City Council approved an Agreement with Professional Engineering Consultants, P.A. (PEC) to design the improvements. The Design Agreement with PEC requires PEC to provide construction engineering services if requested by the City. The proposed Supplemental Agreement between the City and PEC provides for the construction engineering for landscaping Bradley Fair Parkway. This is Construction and Survey's peak workload period, therefore, City crews are not available to perform the construction engineering services for this project. Payment will be made on the basis of an hourly rate with the total payments not to exceed $8,000. The funding source is special assessments. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. GOLF COURSE BUDGET GOLF COURSE BUDGET ADJUSTMENT. Agenda Report No. 98-419. The Sim computer system for irrigation management experienced an irreparable, catastrophic crash. Replacing the equipment is estimated to cost $42,900. Staff will re-prioritize the five-year capital replacement plan to reflect a shift of future capital outlay expenditures into 1998 to fund the Sim course irrigation system. Golf Fund reserves will be reduced by $42,900 in 1998. Fund cash balances are currently adequate to meet operating needs. Motion -- carried Knight moved that the Budget increase be approved. Motion carried 7 to 0. PROPERTY ACQUISITION PAYMENT OF CONDEMNATION AWARD TO ACQUIRE PROPERTY IN CONNECTION WITH SENECA STREET IMPROVEMENTS (MAPLE TO MCLEAN). (District VI) Agenda Report No. 98-420. Early in 1998 the Council authorized the acquisition by eminent domain of a tract of land at the corner of Maple and Seneca in connection with the project to improve Seneca from Maple to McLean. The property is owned by Hon and Loan Le and is operated as a convenience store with gas pumps. Negotiations with the owners for purchase of their interest was unsuccessful. An eminent domain action was filed in the District Court. That proceeding was concluded with the filing of the appraisers' report on April 23, 1998. The appraisers' award for the taking is $ 14,280. In addition to the award, the Court awarded each of the three appraisers the sum of $2,000 each for appraisers' fees. Court costs are to be paid by the City in the amount of $66.50. If the City wishes to acquire this property, it must pay to the Clerk of the District Court the sum of $ 20,346.50 on or before May 25, 1998. This is the amount of the award, plus fees and court costs. The cost of acquiring this property will be paid out of the street improvement project. So long as the City must acquire this property for the project, it must pay the $ 20,346.50 into the Clerk of the District Court on or before May 25, 1998, or the eminent domain proceeding will be deemed abandoned. Motion -- Knight moved that payment to the Clerk of the District Court of the appraisers' award and related costs and fees for acquisition of the tract in connection with the Seneca Street Project (Maple to McLean) be authorized. Motion carried -- carried 7 to 0. IRB PURCHASE OPTIONS IRB - BEST WESTERN INTERNATIONAL, INC. (District II) Agenda Report No. 98-421. On March 29, 1988, the Wichita City Council approved the issuance of $1,700,000 in Industrial Revenue Bonds, Series II, 1988, to finance acquisition and equipping of a facility to be leased to and operated by Best Western International, Inc., located at 3639 North Comotara. Best Western International, Inc. has notified the City that the bonds have been fully paid and that they wish to exercise the purchase option under the bond issue. Under the provisions of Sections 17.1 and 17.2 of the Lease Agreement for the Series II, 1988 Bonds, the Tenant, has the option to purchase the facility from the City of Wichita for the sum of $100 once all outstanding bonds have been paid. The City of Wichita received a notice from INTRUST Bank, Trustee for the bond issue, that the bonds were paid in full as of April 1, 1998, and a check in the sum of $100 from Best Western International, Inc., on April 17, 1998, representing the purchase price for the facility. The purchase price is $100 and other considerations as listed under the provision of the Lease Agreement to redeem and retire all outstanding bonds. This price includes without limitations, the payment of all outstanding principal, interest, redemption premium, and all other expenses of redemption, and trustee fees, after the deduction of any amounts provided for in the Lease Agreement and available for such redemption. The City is contractually bound to convey the IRB Project property to the Tenant by special warranty deed, once all the conditions established in the Lease have been met. Motion -- Knight moved that the Resolution be adopted and the Mayor be authorized to sign -- carried the necessary documents. Motion carried 7 to 0. RESOLUTION NO. R-98-188 A Resolution authorizing the City of Wichita, Kansas, to convey title to the improvements acquired and purchased with the proceeds of its industrial revenue bonds, Series II, 1988 (Best Western International, Inc.); authorizing execution of a special warranty deed and termination and release of lease; and authorizing the execution of all such other documents necessary to convey title to such property to Best Western International, Inc.), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. IRB - INTRUST BANK, N.A. (District VI) Agenda Report No. 98-422. On February 5, 1991, the Wichita City Council approved the issuance of $905,000 in Industrial Revenue Refunding Bonds, Series II, 1991, to finance the acquisition of the former Schweiter Building to be leased to and operated by INTRUST Bank, N.A., located on the northeast corner of Douglas and Main. INTRUST Bank, N.A. has submitted a request that the property under the bond issue be deeded back to INTRUST Bank, N.A. Under the provisions of Sections 17.1 and 17.2 of the Lease Agreement for the Series II, 1991 Bonds, the Tenant, has the option, if all outstanding bonds have been paid, to purchase the facility from the City of Wichita for the sum of $100. The City of Wichita received a notice from Commerce Bank, Trustee for the bond issue, that the bonds were paid in full as of October 1, 1997, and a check in the sum of $100 from INTRUST Bank, N.A., on February 24, 1998, representing the purchase price for the facility. The purchase price is $100 and other considerations as listed under the provision of the Lease Agreement to redeem and retire all outstanding bonds. This price includes without limitations, payment of all outstanding principal and accrued interest, redemption premium, and all other expenses of redemption, and trustee fees, after the deduction of any amounts provided for in the Lease Agreement and available for such redemption. The City is contractually bound to convey the IRB Project property to the Tenant by special warranty deed, once all the conditions established in the Lease have been met. Motion -- Knight moved that the Resolution be adopted and the Mayor be authorized to sign -- carried the necessary documents. Motion carried 7 to 0. RESOLUTION NO. R-98-188 A Resolution authorizing the City of Wichita, Kansas, to convey title to the improvements acquired and purchased with the proceeds of its industrial revenue bonds, Series II, 1991 (INTRUST Bank, N.A.); authorizing execution of a special warranty deed and termination and release of lease; and authorizing the execution of all such other documents necessary to convey title to such property to INTRUST BANK, N.A., presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. LIQUOR TAX CONTRACTS 1998 SPECIAL LIQUOR TAX CONTRACTS. (District VI) Agenda Report No. 98-423. 1998 Special Liquor Tax allocations have been approved for Comcare Addiction Treatment Services (ATS) for $42,770, and for Comcare Women's Alcoholism Treatment Services (WATS) for $16,760. The contracts are for the period from January 1, 1998, through December 31, 1998. Motion -- Knight moved that the Contracts be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. TRAFFIC SIGNALS AUTHORITY TO AWARD CONTRACT - COMMITMENT OF CITY FUNDS FOR SIGNALS AT FIRST STREET AND EMPORIA, SECOND STREET AND EMPORIA, SECOND STREET AND ST. FRANCIS, AND FIRST STREET AND WASHINGTON. (District VI) Agenda Report No. 98-424. An Authorization Document between the City and Kansas Department of Transportation (KDOT) has been prepared and provides for upgrading four traffic signals in the core area. On February 24, 1998, the City Council approved the project for construction and approved an agreement with KDOT to administer the project and provide 90 percent federal funding. The project is a part of the 1998 Capital Improvement Program (CIP No. MS-238001). New overhead signals will be installed at the intersections of First and Emporia, Second and Emporia, Second and St. Francis, and First and Washington. Bids for construction of the improvements were received on April 15, 1998. B & W Electrical Contractors (Salina) submitted the low bid of $222,010.00. In accordance with the Agreement entered into by the City and KDOT, the City's share of the cost is $23,311.50 and will be paid by General Obligation Bonds. KDOT will reimburse the City for 90 percent of the cost for construction engineering services which has an upper limit of $35,746.33. Motion -- Knight moved that award of the construction contract and payment of the city's share of the costs be authorized; and the Agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. CHANGE ORDER CHANGE ORDER - DOUGLAS AVENUE PAVEMENT REPAIRS (MAIN TO WACO). (District VI) Agenda Report No. 98-425. On April 4, 1997, the City Council approved a project for repair of concrete streets at certain locations around the City. The scope of the project was expanded to include repairs to Douglas Avenue, between Main and Waco. The work consisted of repairing the concrete sections as well as deteriorated curb and gutter. The Change Order amount is $17,903. The funding source is the Capital Investment Maintenance Program of the General Fund. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. KEEN KUTTER BUILDING KEEN KUTTER BUILDING - DEVELOPMENT OF HOTEL AT OLD TOWN. (Item No. 34) This Item was withdrawn from the Agenda. HUGO WALL - WSU HUGO WALL SCHOOL OF URBAN AND PUBLIC AFFAIRS CONTRACT AMENDMENT. Agenda Report No. 98-427. The City of Wichita is a Grant Recipient/Program Administrator for Job Training Partnership Act (JTPA) Title II programs in Service Delivery Area (SDA) IV. SDA IV 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, the PIC, and the Hugo Wall School of Urban and Public Affairs, Wichita State University have a three party contract for the Hugo Wall School to provide oversight and consulting services for JTPA related activities. The current contract terminates June 30, 1998 but contains an option to renew the contract for one additional one year period. The PIC and the Hugo Wall School have agreed to exercise the contract extension clause. The contract amendment before the Council would extend the contract for one year, July 1, 1998 through June 30, 1999. All other terms of the present contract would remain the same. The terms of the present 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 and specified PIC committee meetings. The Hugo Wall School is also to provide consultation with, and written recommendations to, PIC members and to facilitate a PIC planning retreat. The maximum contract amount is for $16,800. JTPA funds are used to pay for contract services and the contract amendment obligates no general fund moneys. Motion -- Knight moved that the Contract Amend. be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. BRIDGEPORT DEVELOPER DESIGNATION OF REDEVELOPER FOR TRACT "B", LOT 7, BLOCK 2, BRIDGEPORT INDUSTRIAL PARK I ADDITION. (District IV) Agenda Report No. 98-428. Gene Brown, a Wichita small business owner, leases space to store his overhead cranes while they are not in use. The new facility would keep his construction equipment from being vandalized, provide for easier maintenance, protect it from the winter, and provide office space for the expanding business. Mr. Brown offered to purchase Tract B Lot 7, Block 2, Bridgeport Industrial Park I for $20,789.87 ($.79 per square foot) plus remaining specials totaling approximately $.229 per square foot. The lot is immediately east of the storm water sewer drainage ditch and is being split, at the Buyer's expense, leaving a readily marketable lot to the east. The west 40 feet of the parcel is impacted by a drainage easement and cannot be developed. There is a broker involved and a six percent commission will be owed on the sale. Mr. Brown is asking that the City indemnify them against existing environmental problems, and is not requesting any tax abatement/exemption in conjunction with the sale. Funds from the sale will be used to pay the City's cost of selling, advertising, and closing expenses. Surplus funds will be used in the City's CDBG program in accordance with URA requirements. Motion -- Knight moved that the Real Estate Purchase Contract be approved and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. WATSON PARK IMPROVEMENTS TO WATSON PARK, PHASE I (WEST OF BROADWAY, NORTH OF 31ST STREET SOUTH). (District III) Agenda Report No. 98-429. The 1998 Capital Improvement Program includes funding for improvements to Watson Park (CIP No. P-72, page 184). The project will refurbish the volleyball courts, the miniature golf area, and the train ride. The Capital Improvement Program budget is $100,000, of which $30,000 is requested at this time. The funding source is General Obligation Bonds. Motion -- Knight moved that the Project be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-190 A Resolution authorizing the issuance of bonds by the city of Wichita at large for public improvements in Watson Park (472-82939), presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. IRB - EASEMENT EASEMENT OF PEDESTRIAN ACCESS BETWEEN 105 NORTH WASHINGTON AND 126 NORTH MOSLEY. Agenda Report No. 98-430. In 1993, the City issued IRB bonds Series IV, 1993 to Dye Hard, Inc. in the amount of $500,000, for renovation of the building at 126 N. Mosley which houses the architectural firm of Wilson Darnell Mann. The adjacent building at 105 N. Washington is owned by Vintage Development and houses the Old Town BBQ. An Easement of Pedestrian Access is needed to allow ingress and egress to the area between the two buildings. An Easement of Pedestrian Access will allow citizens to pass between buildings and or properties. The Easement of Pedestrian Access will particularly grant common access by both tenants to a stairway between buildings. Motion -- Knight moved that the Easement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. ITEM NO. 39 COMMUNITY SERVICE KANSAS COMMUNITY SERVICE PROGRAM ACT APPLICATIONS. Agenda Report No. 98-431. On July 1, 1994, the State of Kansas initiated the Kansas Community Service Program Act. The Act authorizes tax credits (from state income tax) for cash contributions made to approved non profit organizations by private business firms, financial institutions and insurance companies. The State of Kansas has authorized a total of $5 million in tax credits per fiscal year, for eligible projects. Eligible contributors receive a credit equal to 50% of the amount contributed. A total of five agencies have submitted requests for local government endorsement of their State grant applications. Hunter Health Clinic, Knox Center, Inc. (formerly NEDARTS, Inc.), Midtown Community Resource Center, Kansas Ecumenical Ministries and YWCA are submitting an application to the Kansas Department of Commerce and Housing for the Kansas Community Service Act. The applications require the local government endorse the project and affirm the proposed projects do not conflict with any local plans or ordinances. Hunter Health Clinic's proposed project is to build a new $4.2 million dollar building north of Central and Grove to serve as the new permanent facility for medical, dental and mental health services. It will replace the existing 50 year old facility and provide increased levels of service and patient privacy. The proposed site zoning has been approved subject to re- platting by the City Council on February 24, 1998. The Knox Center will consist of a new 6-7,000 sq. ft. facility costing approximately $750,000. It will provide a community-oriented facility to assure continued access chemical addiction therapy. A site has not been selected. The Midtown Community Resource Center will rehabilitate a facility at 11th and Broadway for use as a community center serving the Midtown area. Services to be provided include: health education, tutoring, employment guidance, counseling, child care and other social services. The Kansas Ecumenical Ministries is state-wide coalition involving local agencies, such as Inter-Faith Ministries, is to provide the Mother To Mother program in 21 counties, including Wichita. The program provides positive feedback and reinforcement to disadvantaged mothers and their children. They seeking to raise funds to expand the program to two additional counties until all counties are served. Total fund raising for the next 18 months is $300,000. This endorsement is for Sedgwick County only. Each individual local government will provide their endorsement for the other locations. The YWCA is developing a capital campaign to raise funds to consolidate the existing Women's Shelter and the Employment Resource Center into one unified location. Total costs for acquisition and renovation of an existing confidential location is $500,000. The area is located in North Central Wichita and is currently zoned commercial. The proposed applications do not conflict with any local plans, zoning or land use requirements. Chris Cherches City Manager explained that there were many applications being turned in too late to get them on an agenda for approval prior to the May 15th deadline. Motion -- Knight moved that the applications be supported and the Mayor be authorized to sign the Local Government Endorsement Forms; and other forms as submitted subject -- carried to Staff review. Motion carried 7 to 0. COMMUNITY SERVICE KANSAS COMMUNITY SERVICE PROGRAM ACT APPLICATIONS. ADDENDUM ITEM Agenda Report No. 98-431. On July 1, 1994, the State of Kansas initiated the Kansas Community Service Program Act. The Act authorizes tax credits (from state income tax) for cash contributions made to approved non profit organizations by private business firms, financial institutions and insurance companies. The State of Kansas has authorized a total of $5 million in tax credits per fiscal year, for eligible projects. Eligible contributors receive a credit equal to 50% of the amount contributed. Via Christi Senior Services, United Methodist Urban Ministry of Wichita, and Historic Wichita - Sedgwick County, Inc. (Old Cowtown Museum) have submitted requests for local government endorsement of their State grant applications. The applications require the local government endorse the project and affirm the proposed projects do not conflict with any local plans or ordinances. Motion -- Knight moved that the applications be supported and the Mayor be authorized to -- carried sign the Local Government Endorsement Form. Motion carried 7 to 0. A.R. 75 ADMINISTRATIVE REGULATION 75 (AR 75) UTILITY COORDINATION FOR THE DESIGN OF WICHITA PUBLIC WORKS PROJECTS. (All Districts) Agenda Report No. 98-431. On November 20, 1986, the City Council adopted Administrative Regulation 75 to initiate procedures to identify and minimize conflicts with utility lines on Public Works projects. AR 75 was updated June 13, 1990. On January 21, 1998, Public Works hosted a Partnering Workshop with the Utilities, Consultant Engineers and City Staff. At the workshop, the City asked to update the utility coordination policy. Since adopted in 1986, AR 75 has achieved its goals of early identification of utility conflicts and thereby minimized construction delays. The Administrative Regulation has been revised and updated to address and/or clarify the following: 1) Procedural changes in the coordination process brought out in the Partnering Workshop, 2) Changes in the utility companies names and contact people, 3) The addition of the Storm Water utility, and 4) Responsibilities of the involved parties. The revisions to the Administrative Regulation may be implemented and enforced with no increased costs to the City. Motion -- Knight moved that the Administrative Regulation be received and filed. Motion -- carried carried 7 to 0. PROPERTY DISPOSITION SALE OF PROPERTY - KELLOGG AND MAIZE. Agenda Report No. 98-432. An offer of $26,400 has been received from John Dugan for the City-owned property on the east side of Maize Road approximately 200 yards North of Kellogg and is legally described as follows: The South 40 feet of lot 112 and all of Lots 12 and 13, Maize Road, Verda Vista Addition to Wichita, Sedgwick County, Kansas. The property was originally purchased in 1987 as a potential site for Fire Station 17. Further investigation found the site to be unsuitable for the proposed use and another site for the fire station was located. The property was declared surplus by the City Council on June 13, 1995. The site has been advertised, had for sale signs place upon it, and has been included in mailings to brokers. The property is 240 feet by 220 feet and contains 52,800 square feet. The property is zoned single-family residential. The site is about six feet below grade so considerable fill dirt will be required. Estimates of the cost to fill range from $5,000 to $15,000. The City acquired the property for $52,800. An appraisal commissioned by the city in 1995 valued the property at $11,500. An offer of $25,000 was received and rejected in 1995. A second offer of $10,650 was received in January of 1998. Both of these offerors have declined to increase their offers. The offer of $26,400 is considered acceptable. The City will receive cash consideration for the sale of the property. The sale of this property to a private party will place additional value into the tax base. In addition, the buyer will become responsible for the remaining specials totaling about $3,000. Motion -- Knight moved that the sale of the property and Real Estate Purchase Contracts be approved and the Mayor be authorized to sign the necessary documents. Motion -- carried carried 7 to 0. SEWAGE PLANT EQUIPMENT REPLACEMENT OF VARIABLE FREQUENCY DRIVES (VFD'S) AND MOTOR CONTROL CENTERS (MCC'S) AT SEWAGE TREATMENT PLANT #1. (All Districts) Agenda Report No. 98-433. The Plant #1 Lift Station was constructed in 1981. This facility is responsible for pumping approximately 65% of the wastewater produced in the City of Wichita. The Lift Station is utilized to transfer raw wastewater from the collection system to primary treatment and then to Plant #2 for final treatment. Plant #1 Lift Station has a total of eight (8) pumps. Four (4) of these pumps are variable speed pumps operated from two (2) variable frequency drive units that allow the operator to adjust pumping capacity. Although four pumps are variable speed, the operator is limited to running only two pumps, since only two drives exist. Because of the age of the VFDs and the MCCs, parts are obsolete and no longer available. Staff is relying on remaining inventory for repair parts. The engineer recommends replacing the VFDs with four VFDs, which will allow operation of all four pumps and increase pumping capacity of the Plant #1 Lift Station. This project is included in the City's approved 1998 Capital Improvement Program (CIP #S-510, P1 VFD & MCC Replacement) at a budgeted amount of $680,000. This amount includes the purchase of equipment and installation charges. Motion -- Knight moved that the Resolution be adopted; the Notice of Intent to Publish be approved; and Staff be authorized to proceed with the project. Motion carried -- carried 7 to 0. RESOLUTION NO. R-98-191 A Resolution to construct, reconstruct, alter, repair, improve, extend, and enlarge the Water and Sewer Utility owned and operated by the City of Wichita, Kansas, and to issue revenue bonds, in a total principal amount which shall not exceed $680,000 for the purpose of paying certain costs thereof, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. SEWAGE PLANT MOTOR SECONDARY MAIN MOTOR REPLACEMENT AT SEWAGE TREATMENT PLANT #2. (All Districts) Agenda Report No. 98-434. The secondary main pump motors were installed at Sewage Treatment Plant #2 when the facility was first constructed in 1959. There are four pumps that serve the secondary trickling filter process and they are a vital component in the wastewater treatment process. The four motors are 150 horsepower vertical turbine type and are electrically inefficient by current standards. The pumps feed water to the secondary trickling filter process which is required for the removal of organics in the waste stream. They have been rehabilitated several times since 1957 and are in need of replacement. Replacement parts are no longer available, as the manufacturer is no longer in business. The new pumps will use significantly less energy than the existing pumps, providing lower energy consumption by the Sewage Treatment Division. System reliability will be enhanced by the elimination of equipment for which replacement parts are no longer available. This project is included in the City's approved 1998 Capital Improvement Program (CIP #S-509) at a budgeted amount of $200,000. This amount includes both the motors and installation. Motion -- Knight moved that the Resolution be adopted; the Notice of Intent to Publish be approved; and Staff be authorized to proceed with the project. Motion carried -- carried 7 to 0. RESOLUTION NO. R-98-192 A Resolution to construct, reconstruct, alter, repair, improve, extend, and enlarge the Water and Sewer Utility owned and operated by the City of Wichita, Kansas, and to issue revenue bonds, in a total principal amount which shall not exceed $200,000 for the purpose of paying certain costs thereof, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First Read May 5, 1998) ORDINANCE NO. 43-878 An Ordinance making a special assessment to pay the cost of unpaid sewer service charges and/or water service charges in the City of Wichita, Kansas, 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. ORDINANCE NO. 43-879 An Ordinance making a special assessment to pay for the improvement of and providing a tax levy for the cost of construction of sidewalks in the City of Wichita, Kansas, 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. A 98-7. North and east of the Intersection of MacArthur Road and Maize Road. ORDINANCE NO. 43-880 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 1. Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. Nays: Lambke. A 98-7 A 98-14. South of K-42, South of Mid-Continent Airport. ORDINANCE NO. 43-881 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. 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. A 98-14 d. Z-3217. East side of West Street, north of Second Street. (District IV) ORDINANCE NO. 43-882 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z-3217. FIRST READING ORDINANCE. Motion -- Knight moved that the following Ordinance be placed on first reading. Motion -- carried carried 7 to 0. ORDINANCE An Ordinance making a special assessment to pay for the improvement of and providing a tax levy for the cost of construction of sidewalks in the City of Wichita, Kansas, introduced and under the rules laid over. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 50 through 56 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 50 through 56 be approved as consensus -- carried Items. Motion carried 7 to 0. V-1802 PUBLIC HEARING V-1802 - REQUEST TO VACATE STREET RIGHT-OF-WAY LOCATED IN AN AREA SOUTH OF CENTRAL AND WEST OF HOOVER. (District V) Agenda Report No. 98-435. MAPC Recommendation: Approve vacation of street right-of-way. Staff Recommendation: Approve vacation of street right-of-way. The applicants are requesting to vacate street right-of-way located just north of St. Louis. This case was approved by the MAPC in 1993 but due to an original applicant selling one of the lots involved in this case, the request was never completed. The new owner of this lot is requesting this vacation case now be completed. Once this vacation is completed, the street right-of- way will be returned to the applicants. City Engineering has indicated that this vacation request is acceptable. The vacation request has been reviewed and approved by the Planning Commission, subject to retaining the north and south 30 feet as utility easement to maintain a common building setback with adjoining lots. No members of the public addressed the MAPC in opposition to this request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Ferris 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-1990 PUBLIC HEARING V-1990 - REQUEST TO VACATE STREET RIGHT-OF-WAY LOCATED IN AN AREA SOUTH OF CENTRAL AND EAST OF GREENWICH. (District I) Agenda Report No. 98-436. MAPC Recommendation: Approve vacation of street right-of-way. Staff Recommendation: Approve vacation of street right-of-way. The applicants are requesting to vacate Oakwood Drive right- of-way located south of Central and east of Ellson. This case was originally approved by the MAPC on October 10, 1996. However, the MAPC requirements were just recently completed. The MAPC conditions include a substitute dedication of street right-of-way for Oakwood Drive located in the north 58 feet of the south 68 feet of Lot 1, Block A, Gott Addition, provide a floodway reserve agreement for the north 37.62 feet of Lot 1, Block A, Gott Addition and the south 17.38 feet of vacated Oakwood Drive adjacent to the north line of Lot 1, Block A, Gott Addition, and dedicating access control except for one opening to Central along the north line of Lot 1, Block I, Gott Addition. The applicant also agreed at the MAPC meeting to transfer ownership of the southern 10 feet of Lot 1, Block A Gott Addition to the owner just south of this area; however, this transfer has not yet occurred. The floodway reserve and access control instruments have already been accepted by the County; the street right-of-way dedication is scheduled. The vacation request has been reviewed and approved by the Planning Commission, subject to the conditions as stated above. Two neighbors spoke in opposition to this request. These neighbor who owns the property just south of the required street dedication felt that this new street would be too close to their house. However, with the additional 10 feet of buffer area, the neighbor indicated that this request would be acceptable. 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. R. W. Hayden R. W. Hayden explained the drainage problem and stated his objection to the street being moved. Mr. Hayden said he would like to see the road stay where it is and that Mr. Kuykendall cannot afford to build a bridge to his area. Mr. Hayden asked that the City work with the County to put in a better box culvert and leave the road where it is. Walter Kuykendall Walter Kuykendall said he would appreciate it if the road could be located as far on his property as possible as he will need the road to get to the back of his property if it is ever developed in the future. Help is needed with the water drainage. Scott Poppaw Scott Poppaw said he is trying to save his barn and needs to move the road because of the sewer. Mr. Poppaw said he has done much to try to resolve the issue. The main problem and issue is the floodway. Mr. Poppaw said he could take out the floodway clause he signed and make all happy. Motion -- Kamen moved that the public hearing be closed; and the matter be deferred one -- carried week and return with a plan. Motion carried 7 to 0. V-2075 PUBLIC HEARING V-2075 - REQUEST TO VACATE TYLER RIGHT-OF-WAY LOCATED IN AN AREA NORTH OF K-42 AND EAST OF MAIZE. (District V) Agenda Report No. 98-437. MAPC Recommendation: Approve vacation of Tyler right-of-way. Staff Recommendation: Approve vacation of Tyler right-of-way. 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 -- Ferris 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-2068 PUBLIC HEARING V-2068 - REQUEST TO VACATE WALNUT STREET RIGHT-OF-WAY LOCATED IN AN AREA EAST OF SENECA BETWEEN STILWELL AND IRVING. (District VI) Agenda Report No. 98-438. MAPC Recommendation: Approve vacation of street right-of-way. Staff Recommendation: Approve vacation of street right-of-way. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Cole moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. D-1731 D-1731 - DEDICATION OF DRAINAGE EASEMENT LOCATED NORTH OF 21ST STREET NORTH AND EAST OF TALLGRASS. (District II) Agenda Report No. 98-439. MAPC Recommendation: Accept the dedication. Motion -- Knight moved that the dedication be accepted and recorded with the Register of -- carried Deeds. Motion carried 7 to 0. D-1732 D-1732 - DEDICATION OF UTILITY EASEMENT LOCATED SOUTH OF PAWNEE AND WEST OF HYDRAULIC. (District III) Agenda Report No. 98-440. MAPC Recommendation: Accept the dedication. Motion -- Knight moved that the dedication be accepted and recorded with the Register of -- carried Deeds. Motion carried 7 to 0. S/D 97-63 S/D 97-63 - PLAT OF CELLULARONE ADDITION LOCATED ON THE NORTHEAST CORNER OF MATHEWSON AND MURDOCK. (District I) Agenda Report No. 98-441. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. Certificate of Petition. Sewer 100 Percent Petition for construction of Lateral 49, Sanitary Sewer No. 20 (north of Murdock, west of Hydraulic) Project No. 468-82833 ($12,000 S.A.) Motion -- Knight moved that the Petition be approved and the Resolution 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 zone change Z-3214 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has been -- carried recorded with the Register of Deeds. Motion carried 7 to 0. RESOLUTION NO. R-98-193 Resolution of findings of advisability and Resolution authorizing construction of Lateral 49, Sanitary Sewer No. 20 (north of Murdock, west of Hydraulic) Project No. 468-82833 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-3214 S/D 98-40 S/D 98-40 - PLAT OF FANTASEA THIRD ADDITION, LOCATED ON THE SOUTHEAST CORNER OF K-96 AND WOODLAWN. (District II) Agenda Report No. 98-442. Dedication. Motion -- Knight moved that 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 zone change Z-3264 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as -- carried the plat has been recorded with the Register of Deeds. Motion carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3264 Z-3272 Z-3272 - REQUEST FOR ZONE CHANGE FROM "SF-6" SINGLE-FAMILY RESIDENTIAL TO "GC" GENERAL COMMERCIAL, LOCATED NORTH OF 37TH STREET NORTH AND EAST OF SENECA (4254 N. SENECA). (District VI) Agenda Report No. 98-443. MAPC Recommendation: Approve. Staff Recommendation: Approve. CPO Recommendation: Approve, subject to MAPD staff recommendations. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3272 Z-3271 Z-3271 - REQUESTS FOR ZONE CHANGE FROM "SF-6" SINGLE-FAMILY AND "LC" LIMITED COMMERCIAL TO "GC" GENERAL COMMERCIAL, LOCATED SOUTH OF MAPLE AND WEST OF ALL HALLOWS. (District IV) Agenda Report No. 98-444. MAPC Recommendation: Approve, subject to platting within 1 year. Staff Recommendation: Approve,subject to platting within 1 year. CPO Recommendation: Approve, subject to MAPD staff comments. 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 Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 7 to 0. A 98-10 A 98-10 - RESOLUTION ESTABLISHING FUTURE PUBLIC HEARING ON THE ANNEXATION OF ELIGIBLE PROPERTIES GENERALLY LOCATED EAST OF THE INTERSECTION OF CENTRAL AVENUE AND 135TH STREET WEST. (Phase 1) Agenda Report No. 98-445. The resolution expresses an interest in annexing certain eligible properties to the City of Wichita and establishes a future public hearing date of July 14, 1998 for consideration of the same. The area proposed for annexation is located north and south of Central Avenue between 135th Street West and Wheatland Avenue. Since some of the property in this area is unplatted and does not currently bound the City limits, the proposed annexation will encompass two phases. Phase I, which is bounded by land in the city limits to the east, south and west, is comprised of the Rainbow Lake Estates Addition, the Country Villa Estates Addition, and portions of the Rainbow Lakes West Addition. Phase I is approximately 81.02 acres and has 51 properties (49 platted and 2 unplatted) containing 42 single- family homes, a lot for pasturing animals, and approximately 20 acres of platted reserves for the lakes. All property in the proposed annexation area is zoned "SF-20" Single-Family Residential. Upon completion of Phase I of the proposed annexation, the remaining developed property in this area will be bounded on the west, south, and east by the City and will be proposed for annexation in Phase II. If the City Council desires to proceed with this annexation, the Council should adopt the resolution establishing the hearing date. If the resolution is adopted, notification of the adoption of this resolution will be sent to those property owners involved. Such notification is required by State law. In the event the future hearing date is established, a plan for extension of municipal services to the area will be placed on file in the City Clerk's Office. The Service Extension Plan outlines the City's intentions to provide major municipal services to the area. The total appraised value of the land and improvements in Phase I of the proposed annexation is $6,073,040, and the resulting annual City Ad Valorem tax revenue will be approximately $21,824. Major municipal services to be provided to this area upon annexation are sewer service, street maintenance, ditch cleaning, culvert cleaning, fire protection, police protection, building code enforcement, and health code enforcement. The cost of municipal services to be provided upon annexation will be funded by the operating departments currently delivering these services. Major municipal services that may be provided to this area upon request by the property owners are local street improvements, water service, and sewer service. The cost of municipal services requested by the property owners will be distributed among the City at large and the benefiting property owners according to current City policies. In the absence of an annexation request from a property owner, State law requires the adoption of a resolution by the City Council indicating the City's intent to annex, a description of the property to be annexed, and a notice of the time and place for a public hearing to consider the matter. Copies of the resolution must be mailed, by certified mail, to all owners of the property proposed to be annexed within 10 days of adoption, and the resolution must be published once in the official City newspaper not less than one week nor more than two weeks prior to the public hearing date. A report stating the plans for the extension of municipal services to the proposed annexation area must also be placed on file for public inspection in the City Clerk's Office. Motion -- Knight moved that the Service Extension Plan be accepted and the Resolution setting the Public Hearing for July 14, 1998, 7 p.m. at the St. Elizabeth Ann -- carried Seton Church, 645 N. 119th Street West be adopted. Motion carried 7 to 0. RESOLUTION NO. R-98-184 A Resolution declaring an interest in, and establishing a public hearing date for considering the unilateral annexation of Rainbow Lakes Estates, Country villa Estate, a portion of Rainbow Lakes West, and a tract of ground lying northeast of Central Avenue and 135th Street West to 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. ADJOURNMENT The City Council meeting adjourned at 11:30 a.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 166 MAY 12, 1998 Page 1