MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, June 10, 1997 Tuesday, 9:04 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Gale, Kamen, Rogers; present. *Council Member Ferris absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Bill Reese, Disciples of Christ Minister, retired. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. *Council Member Ferris present. Minutes -- The minutes of the regular meetings of May 20, 1997, and June 3, 1997, -- approved were approved 7 to 0. AWARDS AND PRESENTATIONS PROCLAMATION Mayor Knight presented the Proclamation previously approved. OFF AGENDA ITEM WATER SOURCE STRATEGY WATER SOURCE STRATEGY. Motion -- Knight moved that the rules be set aside and an item regarding the City's -- carried strategy for utilizing water be taken up off the Agenda. Motion carried 7 to 0. Mayor Knight Mayor Knight said he had received several calls regarding the City's strategy in developing a plan to utilize certain water and it was his judgment that the community is not where the City Council is in terms of their thinking on this matter. It would be a mistake to proceed without like thinking. Motion -- Knight moved that the City Manager form an Ad Hoc Citizens Advisory Committee to meet on the matter; that the Committee be comprised of a wide variety of experience and interests; and, when the City's strategy can withstand the Committee's scrutiny, the matter be returned to the City Council for consideration. Mayor Knight stated that the City Manager's committee should have representation from the community and that personnel should be available from the Health Department, chemists, and water professionals; and if the committee's questions cannot be answered, the project should not be done. -- carried Motion carried 7 to 0. UNFINISHED BUSINESS IRB - CESSNA ISSUANCE OF AIRPORT FACILITIES REFUNDING REVENUE BONDS - CESSNA AIRCRAFT COMPANY. Council Member Cole declared a conflict of interest and abstained from participation. Gary Rebenstorf Director of Law reviewed the Item. On May 20, 1997, the City Council conducted and closed its public hearing on issuance of Airport Facilities Refunding Revenue Bonds in the amount of $11,245,000. On June 3, 1997, the Council continued the matter for one week. In the City of Wichita IRB context, indemnification provisions are used to try to spread ultimate financial liability to the business and underwriter, and away from the City and its elected and appointed officials. The City's exposure stems from conduct it is undertaking to accommodate a special request by the business. In the past, businesses have shown themselves willing to hold the City harmless from liability that arises from accommodation of such requests. A meeting was held Friday, June 6, 1997, to resolve the indemnity question. As a result of the meeting, a compromise was tentatively reached and new language to cover the indemnity issue has been drafted in which Cessna will indemnify the City, but not to the extend that the City is somehow the cause for the liability. The City's Bound Counsel will also give a more expansive legal opinion as Bond Counsel regarding liability issues. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Mayor Knight Mayor Knight said he would like to know that public officials are personally exempt from liability - that when acting on matters in a public capacity public officials are not personally liable. Motion -- Knight moved that the public hearing be closed; and the bond ordinance bond ordinance which approves the bond documents including the: Trust Indenture; First Amended Sublease and Subordination Agreement; First Amended Lease; and Bond -- carried Purchase Agreement be placed on first reading. Motion carried 6 to 0. (Cole abstained) ORDINANCE An Ordinance authorizing the city of wichita, Kansas to issue its Airport Facilities Refunding Revenue bonds, Series III, 1997 (Cessna Citation Services Center Project) in the aggregate principal amount of $11,245,000 for the purpose of refunding the City's Airport Facilities Revenue Bonds, Series II, 1990 (Cessna Citation Service Center Project); authorizing execution of a trust indenture by and between the City of Wichita, Kansas, and Intrust Bank, N.A., Wichita, Kansas, as trustee; authorizing execution of a first amended sublease and subordination agreement by and between the Cessna Aircraft Company and the City of Wichita, Kansas; authorizing execution of a first amended subsublease by and between the City of Wichita, Kansas, and the Cessna Aircraft Company; and authorizing the execution of the bond purchase agreement with respect to the bonds by and among the City, the Cessna Aircraft Company, and Piper Jaffray, Inc., as purchaser of the bonds, introduced and under the rules laid over. NEW BUSINESS PATTERSON PAVING PUBLIC HEARING: PROPOSED PAVING OF PATTERSON STREET, WEST OF BROADWAY. (District III) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 97-415 A. On May 20, 1997, the City Council adopted a Resolution to pave Patterson west of Broadway and directed staff to schedule a public hearing. CPO Council 3 considered the proposal on May 22, 1997. Two property owners were present and in support of the project. The CPO Council voted 7-1 to recommend approval. The unpaved section of Patterson is difficult to maintain because it does not have a satisfactory drainage outlet. In order to provide a drainage outlet, staff recommends that the street be paved so that drainage runoff can be channelized in the street gutters and then piped to the existing storm sewer system. The estimated project cost is $133,000, with $30,000 paid by the Storm Water Utility and $103,000 assessed to the improvement district. The estimated rate of assessment to individual properties is $00.12 per square foot of ownership. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Richard Roeder Richard Roeder asked whether Patterson would be a detour for south Broadway Bridge work traffic. Steve Lackey Director of Public Works responded that Patterson would not be a detour route. Motion -- Lambke moved that the public hearing be closed and the project be approved. -- carried Motion carried 7 to 0. BROADWAY VIADUCT SOUTH BROADWAY VIADUCT OVER THE UNION PACIFIC RAILROAD TRACKS NORTH OF MACARTHUR. (District III) Mike Lindebak City Engineer reviewed the Item. Carl Svaty Carl Svaty, Mid-Kansas Engineering, reviewed options for the project. Agenda Report No. 97-485. On October 13, 1992, the City Council approved an agreement with Mid-Kansas Engineering Consultants, Inc. (MKEC) to design improvements for the South Broadway Viaduct at a cost of $86,775. And on March 22, 1994, the City Council approved a supplemental agreement with MKEC to design water line in Broadway from Patterson to 37th Street South at a cost of $6,650. The 1997 Capital Improvement Program includes a project to rehabilitate the South Broadway Viaduct (CIP No. B-95, page 114). CPO Council 3 considered the project on May 8, 1997. The Council voted 6-0 to recommend that the City Council consider allowing two-way traffic during repairs, even though the duration and cost of the project would be increased. The viaduct, which was built in 1938, is severely deteriorated. Much of the deck needs to be removed and replaced, several support columns are in need of repair, and the railing should also be brought up to modern safety standards. The following traffic control options have been reviewed: A. Contractor close bridge to through traffic. It is estimated that the work will be completed in 2 1/2 to 3 months. The estimated project cost if the contractor is allowed to close the bridge to traffic is $1,400,000. B. Contractor provide a minimum of one lane of through traffic. It is estimated that the bridge could be opened to two-way, two-lane traffic after 2 1/2 months, but that an additional 3 months would be needed to complete the work. The project estimate if one lane of traffic is provided is $2,150,000. C. Contractor provide two-way, two-lane traffic for the duration of the project. It is estimated that the work would take 9 to 12 months. With the two lane alternate the estimate is $2,450,000. MKEC has been required to perform electrical monitoring on the existing bridge, make inspections and attend meetings, and prepare cost estimates to determine if the bridge could be kept open to traffic. Supplemental Agreement No. 2 with MKEC for the additional work has been prepared. The budget in the Capital Improvement Program is $2,000,000. Funding source is General Obligation Bonds. Payment to MKEC for Supplemental Agreement No. 2 will be made on a lump sum basis of $33,660. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Don Allison Don Allison, manufactured homes dealer, said the dealers would be unable to move houses in and out of the area of lanes were not kept open. Broadway should not be shut down completely. Ed Busher Ed Busher, Professional Body Works, requested two lanes be kept open to keep a good flow of traffic. Mr. Busher said the cost of keeping two lanes might be higher but when trains come through the effect on traffic can be devastating. The safety of children is of concern as well as the reduced efficiency of EMS, Fire, and Police units. Gary Raine Gary Raine, Marine Center, said a complete shutdown would kill business and there would be no safe way to get boats in and out of the area. It would be worth the extra cost to keep two lanes open. Don Pierce Don Pierce, Heartland Auto Sales, said a detour would be okay for those getting around but it would greatly hurt the businesses. Mike Lindebak City Engineer, responding to a question, said there would probably be a $4,000 per day penalty for overage under any option. Richard Roeder Richard Roeder asked that Patterson not be used as a detour. Chris Loomis Chris Loomis, mobile home dealer, said there are 300 plus mobile homes moved on Broadway every month. Two-way through traffic is needed. At least 16' clearance is needed for a single-wide mobile home. Carl Svaty Carl Svaty, Mid-Kansas Engineering, said there would only be 11' clearance with one lane. Even two-lanes, as proposed, would not provide the 16' clearance needed. Ed Busher Ed busher suggested the two-lanes be done side-by-side. Mike Lindebak City Engineer said there are other ways to approach the businesses. Any alternate other than complete closure would keep the businesses open. Don Allison Don Allison said a double-wide section is 14' and a single-wide is 10' which cannot be taken through unless there are two open lanes side-by-side. Mike Lindebak City Engineer said there is also a real concern that the bridge, in present condition, has a ten-ton limit. After repair, there will be a higher weight limit. Don Allison Don Allison said two open lanes are preferred; however, one open lane is better than none. Mike Lindebak City Engineer explained that a wider single-lane is not possible because there would not be work area for workers and equipment. To do so would require a three-phase construction. Council Member Ferris Council Member Ferris said the viaduct is not directly in front of the businesses and there is other access available from the north and south. Council Member Ferris suggested that if businesses believe it is imperative for two lanes to remain open, the businesses submit a petition for the difference in cost between one lane and two-lanes. Motion -- Knight moved that the contractor provide a minimum of one lane of through traffic and the City work with the businesses in the area to determine the best time to do the work; the project be approved; the Supplemental Agreement be approved and the Mayor be authorized to sign; and the Ordinance be placed on -- carried first reading. Motion carried 5 to 2. Ferris, Lambke - No. ORDINANCE An ordinance declaring Broadway, from MacArthur to 31st Street South (former U.S. 81 viaduct) to be a main trafficway within the City of wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. TAX EXEMPTION Public Hearing and Tax Exemption Request - Therm-O-Coat, Inc. (District VI) Council Member Kamen momentarily absent. Allen Bell Financial Projects Director reviewed the Item and the Wichita State University Center for Economic Development and Business Research Cost-Benefit Analysis. Agenda Report No. 97-486. Therm-O-Coat, Inc. (Therm-O-Coat), is a manufacturer of ring seals and flanges used in gas turbine engines which are used in jet aircraft or rocket propulsion systems for missiles, space launch vehicles and boosters. Therm-O-Coat also manufactures small parts for the aerospace industry. Therm-O- Coat has developed a repair process of compressor seals used in General Electric's jet engines. In addition, Therm-O-Coat has expanded into Thermal Plasma Spraying Equipment which is a process to build up machined parts using intense heat to melt metallic powders and wire into the metal parts. Therm-O- Coat, located at 1441 S. McLean Blvd., is requesting a tax exemption on a $336,690 expansion project consisting of the purchase of machinery and equipment. Therm-O-Coat has 21 employees and expects to add another 7 new employees over the next 5 years. The $336,690 expansion project will consist of the following: Personal Property (Leased): Hitachi Seiki 4 Ne Turning Centers $ 50,000.00 Fadal Vertical Machining Center 84,777.00 Plasma Spray Equip. & Component Parts 85,575.00 Total Leased Equipment: $220,352.00 Personal Property: (Purchased) Spray Turn Table $ 332.74 Air Compressor 893.32 Magna Bend 4' Brake 1,420.00 Air Desk 1,185.00 Plasma Spray Gun 7,500.00 Plasma Turn Table 250.16 Norton Cylinder Grinder 3,750.00 Spare Parts & Powder 8,194.00 Bugo Speed Weav 5,359.00 Air Compressor 750.00 Drill Presses 300.00 2013 Band Saw 2,100.00 Bridgeport w/Digital Read-out 6,250.00 Bead Blast 500.00 Turret Punch 950.00 Rotary Spindle Sander 625.00 Drinking fountain 100.00 2 Vises w/Stands 80.00 Sharp Engine Lathe 4,000.00 Diamond Jet Gun 5,000.00 Equipment & Hardware 4,298.00 Sullair Air Compressor 2,374.87 Maxstar 175 Welder 2,772.50 United Stress Test Machine 4,250.00 Arc Jet Gun 17,000.00 Hybrid Air Cap Pkg. 4,000.00 Sound & Blast Booth 12,500.00 Optiflo Welding Booth Collector 7,870.00 Grit Blaster Collector 2,637.00 Wiring for Machines 1,944.00 Installation of Equipment 3,787.50 Belt Sander 424.02 Optiflo Fan Package 1,652.84 Power Transformer for Thermo Spray 900.00 COGTOX SR375 Boring Bar 388.34 Total Purchased Equipment: $116,338.29 Total Project: $336,690.29 Under the City's Business Incentives Policy, Therm-O-Coat is eligible for the following: TAX EXEMPTION ELIGIBILITY ELIGIBLE % INCENTIVE EXPLANATION 18.0% New Job Creation: Therm-O-Coat presently employs 21 full-time employees at its facilities and expects to hire an additional 7 employees within the first 5-years after the completion of the project. 5.74% Capital Impr.: Therm-O-Coat will invest approximately $336,690 in the purchase of additional personal property. 23.74% Total Business Incentives 23.74% TOTAL ELIGIBLE FOR BUSINESS INCENTIVES (Maximum allowed is 50%) 47.0% Export Premium Therm-O-Coat provides products and services to to the aerospace industry including companies such as General Electric Aircraft, Excel Manufacturing, Weaver Manufacturing, ITM and C Fan among others and exports 94% of its products out of the State of Kansas. 47.0% TOTAL ELIGIBLE FOR EXPORT PREMIUM (Maximum allowed is 50%) 20.0% Location Premium: Therm-O-Coat is located in an area eligible for this incentive. 90.74% TOTAL EXEMPTION ALLOWED UNDER BUSINESS INCENTIVE POLICY Therm-O-Coat is eligible for a 90.74% tax exemption for five years on personal property. A notice of public hearing has been published. Therm-O-Coat will maintain its City of Wichita approved EEO/AA Plan for the full term of the Tax Exemption. The estimated first year taxes on Therm-O-Coat's proposed $336,690 project under the 1996 mill levy on property within the Wichita City limits would be $8,128. Using the allowable tax exemption of 90.74%, the City would be exempting, for the first year, $7,375 of new taxes from the property tax rolls. Wichita State University Center for Economic Development and Business Research Cost-Benefit Analysis indicates a ratio of 2.2 for the City of Wichita; 2.4 for Sedgwick County; 2.8 for USD 259 and 16.9 for the State of Kansas of benefits to costs with a 90.74 percent exemption for Therm-O-Coat. Therm-O-Coat paid $36,534 in existing real and personal property taxes in 1995 and will continue to pay taxes on the existing property. The existing building and personal property will stay on the property tax rolls. The policy exemption equates to $1,053 of exempted taxes per each new job (7 new jobs). The tax exemption will be shared among the taxing entities as follows: City - $2,045; County/State - $1935; and USD 259 - $3,395. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Mayor Knight Mayor Knight asked that applicant companies be given an explanation that there is uncertainty with regard to granting of exemption requests due to micro-management by the BOTA. Motion -- Cole moved that the Public Hearing be closed; a 90.74 percent tax exemption for five years on the purchase of personal property be approved; and the Ordinance be -- carried placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance exempting property from ad valorem taxation for economic development purposes pursuant to Article 11, Section 13, of the Kansas Constitution; providing the terms and conditions for ad valorem tax exemption; and describing the property of Therm-O-Coat, Inc., so exempted, introduced and under the rules laid over. IRB - BROADMOOR AT Public Hearing and Issuance of Multi-family Housing Revenue Bonds and City CHELSEA Council Support for Low Income Housing Tax Credits (Broadmoor at Chelsea Acquisition). (District II) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-508. Broadmoor at Chelsea Acquisition, L.P., a Missouri Limited Partnership, has been issued a Letter of Intent to issue multi-family housing revenue bonds in an amount not to exceed $6.0 million. The bonds will finance the acquisition and rehabilitation of the Broadmoor at Chelsea Apartments, a proposed multi-family housing project for moderate income families, located at 7677 East 21st Street in northeast Wichita. The tenant is not requesting an ad valorem tax abatement on the property. The City will have a leasehold interest in the project and will sublease it to Broadmoor at Chelsea, L.P., as part of the financing. The Broadmoor at Chelsea Apartments is a 240-unit apartment complex located in northeast Wichita on approximately 12.08 acres of land near 21st Street and Broadmoor. The property consists of 23 apartment buildings with a total of 193,760 s.f. of leasable space and includes an office, laundry facilities, a fenced playground and a swimming pool. Each unit has a patio or balcony. The project is in need of exterior improvements, including parking lot repairs, painting, roofs, and concrete work. The interiors need new appliances and carpeting. The project is designed and intended to meet the federal tax code requirements for tax-exempt bonds issued for a "qualified residential rental project." At least 40% of the units (96 units) will be reserved for families and individuals with income not greater than 60% of the area's median income. In Wichita, that generally means a family with a combined gross income of less than $35,000 per year. While low income tenants will receive preference in the rental of the qualified units, there will be no rent subsidy resulting from the bonds and all tenants will be subject to the same criteria for acceptance as tenants. In addition to the use of tax-exempt bonds to finance the project, the tenant has applied to the State of Kansas for federal low income housing tax credits. The tax credits will be sold to investors and the proceeds used to provide equity capital. As a condition of the issuance of the bonds, the City has required the developer to mail notices to the owners of property located within 200 feet of the project, pursuant to its policy regarding support for projects using low income housing tax credits. The total estimated costs of the project, and the sources of funding are as follows: Sources of Funds Bond Proceeds $ 6,000,000 Borrower's Equity 1,759,893 Total Sources of Funds: $ 7,759,893 Uses of Funds Acquisition of Broadmoor at Chelsea$ 5,950,000 Rehabilitation Costs 1,289,893 Bond Reserve 200,000 Credit Enhancement 120,000 Cost of Issuance 100,000 Miscellaneous 100,000 Total Uses of Funds: $ 7,759,893 It is anticipated that the Series A Bonds will be purchased and marketed by Piper Jaffray of Kansas City, Missouri. The Series B Bonds will be purchased by an affiliate of the Partnership. Bond Counsel for the transaction is the firm of Gilmore & Bell, Kansas City. Broadmoor at Chelsea Acquisition agrees to submit an Equal Employment Opportunity/ Affirmative Action Plan and a Water Conservation Plan to the City as a condition for the issuance of the bonds. Broadmoor at Chelsea Acquisition, agrees to pay all costs of issuing the bonds and to pay the City's $2,500 annual administrative service fee for the term of the bonds. Broadmoor at Chelsea Acquisition does not request an abatement of ad valorem property taxes in conjunction with the issuance of the bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the request for a letter of support for low income housing tax -- carried credits be approved and the Mayor be authorized to sign. Motion carried 7 to 0. Motion -- Kamen moved that the Public Hearing be closed; the bond documents be approved and the Mayor be authorized to sign; and the Ordinance be placed on first reading. -- carried Motion carried 7 to 0. ORDINANCE An Ordinance authorizing the City of Wichita, Kansas, to issue its Multi-family Housing Revenue bonds (Broadmoor at Chelsea Apartments Project) Series No. V-A, 1997 in an aggregate principal amount not to exceed $5.2 million and its subordinate Multi-family Housing Revenue Bonds (Broadmoor at chelsea Apartments Project) Series No. V-B, 1997 in an aggregate principal amount of not to exceed $800,000 for the purpose of financing the acquisition and rehabilitation of a commercial multi-family housing project; authorizing execution of indentures, financing agreements, regulatory agreement, bond purchase contract, bond replacement agreement, base lease and sublease; authorizing and approving certain documents in connection with the issuance of said bonds; and authorizing certain other actions in connection with the issuance of said bonds, introduced and under the rules laid over. TRANSPORTATION ACCESS MANAGEMENT OF CRITICAL TRANSPORTATION CORRIDORS. (District II and V) (Mayor Knight momentarily absent with Vice Mayor Cole in the Chair) Steve Lackey Director of Planning reviewed the Item. Agenda Report No. 97-487. The Kansas Department of Transportation (KDOT) has expressed an interest to enter into an Agreement with the City and County for access management of Critical Transportation Corridors. KDOT desires to work closer with local governments to identify critical transportation corridors where access management policies can be applied to preserve, maintain and improve the safety, efficiency and convenience to the motoring public. The first Critical Transportation Corridor selected for this partnership consists of two segments of US-54 Highway within the City of Wichita and Sedgwick County. The western segment begins at the Lake Afton intersection of US-54 and proceeds easterly to Tyler Road, a total distance of 11 miles. The eastern segment begins at Edgemoor intersection of US-54 (Kellogg) and proceeds easterly into Butler County three miles for a total distance of 9 1/2 miles. The benefit of this State, County, and City partnership is to enhance the management of the public investment in transportation by improving safety and traffic operations and encouraging uniformity in the management of Critical Transportation Corridors. Corridor management techniques will be utilized to provide for reasonable access for abutting landowners while simultaneously preserving the flow of traffic in terms of safety, capacity and speed. To accomplish this, it may be necessary to eliminate, remove or consolidate access points, utilize alternate access, or require the private construction of access roads off public right-of-way. In addition to these options, access rights or additional rights-of-way may be obtained to help preserve the functional integrity of a critical corridor or accommodate future construction. The focus is to ensure the integrity of critical corridors, support overall economic development, safeguard the environment and balance the needs of the public highway system with the interests of private property owners. Individual locations would go through the Traffic Commission and Planning Commission review prior to final action by the City Council. Mayor Knight Mayor Knight inquired if anyone wished to be heard. James Mendenhall James Mendenhall spoke regarding the Turnpike being considered as a NAPHTHA freeway and urged cooperation in obtaining the freeway designation. Motion -- Knight moved that the Memorandum of Understanding be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. (The Council proceeded to take up the remainder of the Agenda and returned to the Judge Selection following Executive Session. Action is shown in Agenda Order.) MUNICIPAL COURT JUDGES Interviews and Appointment of Municipal Court Judges. Motion -- Knight moved that Julie Wright Connolly and Greg Barker be appointed as Municipal Court Judges with terms beginning effective June 24, 1997, and expiring on the third Monday in April, 2001, contingent on execution of the Judges Agreements; and the Mayor be authorized to execute the Judges Agreements. Motion carried -- carried 7 to 0. Motion -- Knight moved that Harold Flaigle be appointed as Administrative Municipal Court Judge the with term beginning effective June 24, 1997, and expiring on the third Monday in April, 2001, contingent on execution of the Administrative Judge Agreement; and the Mayor be authorized to execute the Administrative Judge -- carried Agreement. Motion carried 7 to 0. Mayor Knight Mayor Knight stated that it was an honor to have so many interested in the available positions and that each person brought a lot to the table. Their interest was much appreciated. Council Member Ferris Council Member Ferris said he was enormously impressed with the Bar Association slate of candidates sent to the City Council. This was a most difficult process and all deserve recognition. CITY COUNCIL AGENDA PENSION INVESTMENTS Pension Investment Policy. (Requested by Council Member Kamen) Council Member Kamen Council Member Kamen said it is the view of some that the employee pension funds are handled to make the most money possible. Another view is that it is not correct to buy stocks that might have harmful effects on people (i.e., tobacco products). Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that this matter be referred to the Pension Boar and that Staff return the Item at a later date for public input and decision. Motion carried -- carried 7 to 0. APPOINTMENTS. Notice of Vacancies. For terms expiring June 30, 1999. Art Museum Board (7 vacancies) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (9 vacancies) Board of Appeals of Plumbers and Gas Fitters (5 vacancies) Board of Code Standards and Appeals (7 vacancies) Board of Electrical Appeals (7 vacancies) Board of Housing Commissioners (7 vacancies) Board of Park Commissioners (7 vacancies) Board of Zoning Appeals (2 vacancies) Civil Rights and Services Board (7 vacancies) Commission on the Status of People with Disabilities (14 vacancies) Community Corrections Advisory Board (3 vacancies) Convention and Tourism Committee (7 vacancies) Group Life Insurance Board (3 vacancies) Historic Preservation Board (7 vacancies) Human Services Board (5 vacancies) Library Board (14 vacancies) Metropolitan Area Planning Commission (7 vacancies) Metropolitan Transit Authority (7 vacancies) Police and Fire Retirement Board of Trustees (7 vacancies) Public Art Advisory Board (7 vacancies) Sister Cities Advisory Board (7 vacancies) Traffic Commission (7 vacancies) Wichita Airport Authority (7 vacancies) Wichita Athletic Commission (3 vacancies) Wichita Commission on the Status of Women (14 vacancies) Wichita Employees' Retirement Board (7 vacancies) Wichita Public Building Commission (7 vacancies) Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (5 vacancies) Wichita-Sedgwick County Board of Health (7 vacancies) Sedgwick County Solid Waste Management Committee (5 vacancies) Motion -- Kamen appointed Ivonne Goldstein (Art Museum Board), Theresa Lawrie and Verne Thornton (Commission on the Status with Disabilities), Larry Consolver (MAPC), Edgar Wilson (Police & Fire Retirement), Dora Timmerman (reappointed) (Public Art Advisory Board), Sam Woodburn (Traffic Commission), Debra Foster and Gloria Johnico (Commission on the Status of Women), Allen Boge (Employees Retirement Board), and Fred Tosh (Board of Health), and moved that the appointments be -- carried approved. Motion carried 7 to 0. PROCLAMATION PROCLAMATION. -- Freedom Run Day Motion -- carried Knight moved that the proclamation be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 22 and 22a, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS. REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JUNE 9, 1997. At 10:00 a.m., Friday, June 6, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes June 9, 1997) DEPARTMENT OF PUBLIC WORKS/ENGINEERING - STEEL SIGNAL SUPPORT EQUIPMENT 710194-5406 AS PER SPECIFICATIONS Gades Sales Co., Inc. - $18,840.00 DEPARTMENT OF HUMAN SERVICES/UNARMED SECURITY SERVICES 127027 AS PER SPECIFICATIONS Protective Services Merchant Police - $6.98/hour per guard Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the Purchasing Manager be authorized to sign for the City. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption on Premises) Alfonso F. Amaro Family Game Room767 N. West Street* (Consumption off Premises) Roy E. Brockmeier QuickTrip Corporation #3133164 S. Hillside Roy E. Brockmeier QuickTrip Corporation #3151530 S. Maize Road Roy E. Brockmeier QuickTrip Corporation #3171611 S. Meridian Item 11. Continued Roy E. Brockmeier QuickTrip Corporation #3201021 W. 31st Street S. Roy E. Brockmeier QuickTrip Corporation #3216011 W. Central Roy E. Brockmeier QuickTrip Corporation #3251414 N. Oliver Roy E. Brockmeier QuickTrip Corporation #3262010 S. Broadway Roy E. Brockmeier QuickTrip Corporation #3282634 Rushwood Roy E. Brockmeier QuickTrip Corporation #3295602 E. Harry Roy E. Brockmeier QuickTrip Corporation #3402433 W. 31st Street S. Roy E. Brockmeier QuickTrip Corporation #343242 S. Tyler Roy E. Brockmeier QuickTrip Corporation #3454020 S. Meridian Roy E. Brockmeier QuickTrip Corporation #3471532 S. Seneca Roy E. Brockmeier QuickTrip Corporation #3491112 W. Douglas Roy E. Brockmeier QuickTrip Corporation #353110 S. Rock Road Roy E. Brockmeier QuickTrip Corporation #3564808 S. Hydraulic Roy E. Brockmeier QuickTrip Corporation #3587120 W. 21st Street N. Roy E. Brockmeier QuickTrip Corporation #3603923 W. 13th Street Roy E. Brockmeier QuickTrip Corporation #368R626 W. 21st Street N. Roy E. Brockmeier QuickTrip Corporation #3693216 E. Harry Roy E. Brockmeier QuickTrip Corporation #3712838 W. Central Roy E. Brockmeier QuickTrip Corporation #3723106 E. Pawnee Roy E. Brockmeier QuickTrip Corporation #3731610 E. Lincoln Roy E. Brockmeier QuickTrip Corporation #37410315 W. 13th Street Roy E. Brockmeier QuickTrip Corporation #3762106 S. Rock Road Roy E. Brockmeier QuickTrip Corporation #3785611 S. Broadway Roy E. Brockmeier QuickTrip Corporation #3794811 S. Seneca Roy E. Brockmeier QuickTrip Corporation #3842412 W. Pawnee Roy E. Brockmeier QuickTrip Corporation #3861010 E. Douglas Roy E. Brockmeier QuickTrip Corporation #3887991 E. 37th Street N. Roy E. Brockmeier QuickTrip Corporation #3894730 E. Central Roy E. Brockmeier QuickTrip Corporation #391730 N. Broadway Roy E. Brockmeier QuickTrip Corporation #396333 S. West Street Loan H. Le KC Gas and Groceries #11102 W. Maple Chad E. Schenck Phillips 66 Co.200 S. Oliver Paul A. Dawson Metro Oil, Inc. dba Metro Beverage Co.1622 S. West Street Paul A. Dawson Metro Oil, Inc. dba Metro Beverage Co.240 S. West Street Paul A. Dawson Metro Oil, Inc. dba Metro Beverage Co.3919 W. Pawnee Paul A. Dawson Metro Oil, Inc. dba Metro Beverage Co.223 E. 21st Street Paul A. Dawson Metro Oil, Inc. dba Metro Beverage Co.106 S. Hydraulic Paul A. Dawson Metro Oil, Inc. dba Metro Beverage Co.731 N. Ridge Road Paul A. Dawson Metro Oil, Inc. dba Metro Beverage Co.4003 S. Broadway Paul A. Dawson Metro Oil, Inc. dba Metro Beverage Co.3128 E. Harry Paul A. Dawson Metro Oil, Inc. dba Metro Beverage Co.1826 W. 13th Street Paul A. Dawson Metro Oil, Inc. Metro Beverage Co.960 E. Pawnee Paul A. Dawson Metro Oil, Inc. Metro Beverage Co.324 W. Harry Paul A. Dawson Metro Oil, Inc. Metro Beverage Co.851 S. Meridian New Establishment 1997 (Consumption on Premises) Robert C. D. Luu Lucky Grill & Seafood &535 N. Woodlawn #320* Sushi Bar * (More than 50% of Gross Revenue from sale of FOOD) 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. Rehabilitating an 8" Sanitary Sewer Line north of Cresthill, between Stratford and Armour (north of Central, west of Rock Road). (468-82721/621714/533282) Traffic to be maintained through construction. (Council approval date 1-7-97) (District II) b. A 20" Water Main in Arkansas and 51st Street North, from 37th Street North to 51st Street North and from Arkansas to the west bank of the Little Arkansas River (Arkansas & 51st Street North). (448- 89110/632232/544527) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-18-95) (District VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., June 20, 1997. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. Reconstructing sanitary sewers crossing Seneca at Esthner and between May and Dora. (468-82729/621730/533-284) Traffic to be maintained through construction. (Council approval date 05/13/97) (District 3) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., June 13, 1997. Motion carried 7 to 0. PRELIMINARY ESTIMATES. PRELIMINARY ESTIMATES. a. Water Distribution System to serve Sunridge 2nd Addition (north of 13th, east of 119th Street West) - $48,000. (448- 88556/733634/470-441) Does not affect existing traffic. (Council approval date 3- 17-92) (District V) b. Water Distribution System to serve Smithmoor Fifth Addition (south of Harry, east of Webb) - $44,000. (448-89069/733766/470-454) Does not affect existing traffic. (Council approval date 3-18-97) (District V) c. Storm Water Drain #122 to serve Aberdeen 2nd Addition (north of 21st, east of 119th Street West) - $245,000. (468- 82626/750984/485-134) Does not affect existing traffic. (Council approval date 10-29-96) (District V) d. Shefford to serve Sunridge 2nd Addition (north of 13th, east of 119th Street West) - $249,942. (472-82161/764175/490-520) Does not affect existing traffic. (Council approval date 3-17-92) (District V) e. Shiloh to serve Smithmoor Fifth Addition (south of Harry, east of Webb) - $88,000. (472-82758/764266/490-529) Does not affect existing traffic. (Council approval date 3-18-97) (District V) f. 16" Water line along 127th Street East from Kellogg to Central (127th Street East, Kellogg to Central) - $399,450. (448- 88855/632216/544-508) g. Planeview Improvements Phase II, Whitney Lane access control, sidewalk and site improvement (Hillside & Pawnee) - $35,749. (618058 s/b 617167 813-017) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. PETITION PETITION FOR A STORM WATER SEWER TO SERVE HICKORY CREEK ESTATES (SOUTH OF 13TH, WEST OF 119TH STREET WEST). Agenda Report. On March 18, 1997, the City Council approved a petition for a Storm Water Sewer to serve Hickory Creek Estates. An attempt to award a construction contract within the budget set by the petition was not successful. A new petition with an increased budget has been submitted. The signature on the new petition represent 100% of the improvement district. The original petition totaled $174,000. The new petition totals $204,000. 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-97-149 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 481 to serve Hickory Creek Estates Addition (468-82683) (south of 13th Street North, west of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Appeals of air conditioning, Refrigeration, Warm Air Heating, and Boilers 5/22/97 Board of Code Standards & Appeals, 5/5/97 CPO Southeast Council 3, 5/22/97 CPO Southwest Council 4, 5/22/97 CPO Northwest Council 5, 5/28/97 CPO North Central Council 6, 5/28/97 Historic Preservation Board, 4/14/97 Metropolitan Area Planning Department 5/21/97 Sedgwick County Solid Waste Management Committee, 5/19/97 Wichita Public Library, 5/20/97 Wichita/Sedgwick County Board of Health, 5/8/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. EASEMENTS EASEMENTS AND DEDICATIONS. a. Easement dated May 1, 1997, from Paul E. Kelsey for a tract in the SE 1/4 S13 T27S R2E (Drainage Index 743070) (No cost to City) b. 2 Easements dated May 6, 1997, from Irma N. Jacoby for a tract in Towne Parc (Private Project Index 607879) (No cost to City). c. Easement dated April 29, 1997, fro Paul E. Kelsey For tracts in Buckhead Second (Buckhead Second Paving Index 764290) (No cost to City) d. Easement dated May 28, 1997, from Paul E. Kelsey For a tract in Buckhead Second (Buckhead Second Paving Index 764290) (No cost to City) e. Easement dated May 13, 1997, from Barbara Yarnell for a tract in the NE 1/4 S20 T27S R1E Broadview (Hotel San Sewer Index 621581) (No cost to City) f. Easements dated April 14, 1997, and April 21, 1997, from George E. Laham II and Paul D. Jackson for tracts in Bradley Fair Second (Bradley Fair Paving Index 764308) (No cost to City) g. Easements dated February 6, 1997, and March 11, 1997, from George Laham II and Kevin Mullen for tracts in Bradley Fair Second (SWD 119 Index 750976) (No cost to City) h. Easement dated March 12, 1997, from Oliver Anderson for a tract in Industrial Air Center (SWS 340 Index 750869) (No cost to City) i. Easement dated May 8, 1997, from Richard J. Peckham for a tract in Mobile Manor South (Mobil Manor Water Index 607861) (No cost to City). j. Easement dated March 3, 1997, from Bruce L. Christenson for a tract in Jamesburg Park (Private Project Index 607861) (No cost to City). k. Easement dated April 10, 1997, from Joe H. Lee for a tract in Woodland Lakes Estates (Private Project Index 607861) (No cost to City) Has been filed and recorded. l. Easements dated February 3, 1997, February 18, 1997, April 3, 1997, April 14, 1997, and May 15, 1997, from Richard Racette Paul J. Pritchard Terry and Mary Conway Bill and Karen Romie and Roger Nickel for tracts in Ormiston Addition (Water Line Index 632232) (No cost to City) m. DWR Permit dated May 2, 1997, from Division of Water Resources (Murdock Outfall into Little River) (No cost to City). Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no closures/uses considered. AGREEMENTS/CONTRACTS CONTRACT FOR BEVERAGE SALES IN CITY PARKS. Agenda Report No. 97-489. The Department of Park and Recreation proposes that the City of Wichita enter into a contract agreement with Pepsi-Cola Company, Inc. which will allow that organization the privilege of providing beverage vending sales and other beverage services in City parks and park facilities. This contract will be in effect for a period of three years, from April 25, 1997 through April 25, 2000, with an option to renew the contract for an additional two years, if both parties are agreeable. Pepsi-Cola Company, Inc. has been selected to provide beverage services in park locations. Under the contract between the City of Wichita and Pepsi-Cola Company, Inc., Pepsi-Cola will provide beverage vending machines at designated park locations, and will return a commission of 45% of the gross sales to the City. In addition the vendor agrees to provide fountain sales equipment and product for over-the-counter sales at various park locations. Pepsi-Cola also intends to provide donations for capital investments, such as scoreboards at selected athletic fields, and marketing and promotional support for special events in parks. Donations and in-kind support for youth and adult programs are expected to provide a value of $715, 910 over a three-year period. Pepsi-Cola Company, Inc. will pay the City 45% commission on all beverage vending sales at park locations. In addition to the beverage vending sales, Pepsi-Cola agrees to provide capital investments, in-kind services and other support at park locations over the three-year period of the agreement, for an estimated value of $715,910 for the City. 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 MURDOCK FROM WACO TO WABASH. (District VI) Agenda Report No. 97-490. On June 20, 1990, the City Council approved an Agreement with Baughman Company, P.A. to design paving improvements for Murdock from Waco to Wabash, and 8" water line in Murdock from Broadway to Wabash. Payment to Baughman Company totaled $111,100; $96,700 for the paving improvements and $14,400 for the water line design. On February 4, 1997, the City Council approved construction of the project. This project is included in the 1997 Capital Improvement Program (CIP No. MS-418, page 69). The improvements consist of: 1) reconstructing Murdock to five lanes, with the middle lane being for left turns, 2) upgrading the existing traffic signals, 3) building sidewalk on both sides of the street, and 4) landscaping the right-of-way. Final plan revisions are required for pavement width changes including revisions to the storm sewers, railroad crossings, sidewalks, resurveying for new construction during the last few years and generally updating the plans to current status with new bid quantities. The consultant will also need to update the Little Arkansas River discharge permit. In addition to the street improvements, the consultant will be required to design the relocation of sanitary sewer mains along and crossing Murdock, and revise water line mains and fire hydrants as necessary for the entire length of the project. Utility relocation and drainage work will begin in 1997, with paving to follow in 1998. An Agreement with Baughman Company, P.A. to revise the plans has been prepared. Payment to the consultant will be made on a lump sum basis of $32,400 for the sanitary sewer improvements, $5,200 for the water improvements, and $29,800 for the paving and drainage improvements for a total of $67,400. The funding sources are Sewer Utility, Water Utility and General Obligation Bonds, respectively. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SUPPLEMENTAL AGREEMENT FOR SOUTH SENECA DRAINAGE OUTFALL. (District IV) Agenda Report No. 97-491. On August 31, 1993, the City Council approved an agreement with Mid-Kansas Engineering Consultants, Inc. (MKEC) to design an outfall channel south of the existing improvements at 55th Street South to connect to the Wichita Valley Center Flood Control Project. The fee was $44,239.00. On August 9, 1994, the City Council approved Supplemental Agreement No. 1 for MKEC to design a storm water sewer system including a pump station in conjunction with the South Seneca Drainage Outfall at a cost of $177,477.36. On January 23, 1996, the City Council approved Supplemental Agreement No. 2 for MKEC to prepare displays and assist with presentations to the City Council in executive session regarding the problems at 55th Street South and Seneca at a cost of $7,500.00. On March 26, 1996, the City Council approved Supplemental Agreement No. 3 for MKEC to change the alignment of the pipeline, culvert and ditch due to failed right-of-way negotiations with Andrla at a cost of $31,000.00. On July 30, 1996, the City Council approved Supplemental Agreement No. 4 with MKEC for platting of the property through Haysville and purchase of a building permit at a cost of $2,875. On the same date, the City Council approved Supplemental Agreement No. 5 for MKEC to provide the construction engineering for the project at a cost of $100,000.00. MKEC's fees through Supplemental Agreement No. 5 total $363,091.36. In early 1996, a lawsuit was filed by several hundred property owners seeking damages from the City resulting from flooding in the area of Seneca and 55th Street South in 1993 and 1995. In July 1996, the City contracted with the law firm of Morris, Laing, Evans, Brock and Kennedy to defend the City's interest in this lawsuit. In connection with that representation, it is necessary to retain the services of MKEC for consultation with City Attorneys and preparation for defense of the lawsuit against the City. Payment to MKEC for this Supplemental Agreement will be made on a cost plus percentage of cost basis not to exceed $40,000 and will be paid by the project budget which is funded by Storm Water Utility. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. AGREEMENT FOR DESIGN SERVICES FOR PAWNEE MESA ADDITION. (District V) Agenda Report No. 97-492. The City Council approved petitions for Pawnee Mesa Addition on August 16, 1994, and April 22, 1997. The Agreement between the City and Poe & Associates of Kansas, Inc. provides for the design of Lateral 16, Main 13, Southwest Interceptor Sewer; Water Supply Line No. 448 88859; Water Distribution System No. 448 89138; and paving Covington and Shefford Streets (north of Pawnee, west of Lark). Because Poe & Associates of Kansas, Inc. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $40,400 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 EAST AND WEST KELLOGG. (Districts II and VI) Agenda Report No. 97-493. On October 15, 1996, the City Council approved the projects and authorized the Staff Screening and Selection Committee to select engineering firms to design East Kellogg from Sylvan Lane through the K-96 Interchange and West Kellogg from 151st Street west to the Mid-Continent Interchange. Four firms submitted proposals for each section of Kellogg. The Staff Screening and Selection Committee selected Cook, Flatt, and Strobel for the East Kellogg design and Professional Engineering Consultants for the West Kellogg design. The consultants will furnish a "60% design" for both projects. The 60% design will determine right-of-way requirements, establish horizontal and vertical alignment for the roadway, complete required environmental documentation, develop drainage plans for the improvements, and provide estimated costs for individual segments of the roadways. When the "60% designs" are completed, the results will be provided to the City Council for review, prioritization and selection of sections for final design. The Agreement with Cook, Flatt, and Strobel (E. Kellogg) is for an amount not to exceed $1,596,000. The Agreement with Professional Engineering Consultants (W. Kellogg) is for an amount not to exceed $1,623,647. The funding source for the agreements is Local Sales Tax. Motion -- Knight moved that the Agreements be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. COMP GRANT PROGRAM SUBMISSION OF THE COMPREHENSIVE GRANT PROGRAM ANNUAL STATEMENT AND FIVE YEAR ACTION PLAN. (All Districts) Agenda Report No. 97-494. The City of Wichita, through the Department of Human Services, public housing program, has been receiving funds from the Department of Housing and Urban Development (HUD), Comprehensive Grant Program (Comp Grant) since october 1, 1992. Wichita is eligible because it maintains five hundred or more units of public housing. The funding allocation for fiscal year 1997 is $985,202. The Wichita Housing Authority has prepared a new Comprehensive five-year Action Plan that addresses the physical and management needs of the housing authority through the year 2001. Housing staff have compiled an assessment of the physical and management needs of all managed properties and used that data to develop the new Comprehensive five-year action plan. The new plan is inclusive of capital and managemen;t improvements needed to ensure that the housing authority continues to provide safe, decent, affordable housing for its residents. The plan was presented in public hearings for residents in each of the major developments. The new plan addresses physical (capital improvements) and management needs by prioritizing them annually. funding will be expended for major unit rehabilitation, architectural, and engineeringcosts for development plans and specifications, major repairs and renovation, demolition, and project redevelopment for needed unit size. There is no matching funds requirement. Based on current rules, the City could receive approximately $5 million in Comprehensive Grant funding over the next five years. Motion -- Knight moved that the grant application be approved and submission to HUD for -- carried review, approval, and funding be authorized. Motion carried 7 to 0. TEMPORARY ACCESS ROAD TEMPORARY ACCESS ROAD CONSTRUCTION (HILLSIDE, FROM 27TH TO 37TH NORTH). (District II) Agenda Report No. 97-495. At the December 17, 1996, public hearing for Hillside improvements from 27th to 37th Streets North, the Center for the Improvement of Human Functioning expressed concerns about needing northbound access from the facility to the K-96 interchange area during construction of the Hillside project. After the Council hearing, staff met with the Center and agreed to pursue permission from KOCH Industries to construct a temporary egress access road across KOCH property to the Center. Staff obtained approval from KOCH, and on May 13, 1997, the Council approved a temporary access agreement with KOCH. Prior to beginning construction of the temporary roadway, staff communicated with representatives of the Center, KOCH, the Kansas Department of Transportation and Cornejo and Sons (the project contractor). During these discussions, it was determined that the most efficient and effective way to provide access to the Center would be for Cornejo to construct the temporary roadway adjacent and parallel to the existing Hillside roadway, but on the Center's and KOCH's property. In order to construct this temporary roadway, it is necessary to amend the access agreement with KOCH and authorize payment to Cornejo. The temporary roadway will be constructed using recycled asphalt pavement. At the completion of the project, the asphalt material will be removed and the site will be restored. The cost to construct and maintain the temporary roadway is estimated to be $38,500. Funds are available in the Public Works budget to pay for the temporary roadway construction. Motion -- Knight moved that the Easement be approved and the Mayor be authorized to execute; and the construction of the temporary roadway be approved. Motion -- carried carried 7 to 0. ITEM NO. 22 (Items 22 and 22a were considered later in the meeting; action is shown below) PROPERTY ACQUISITION APPROVAL TO ACQUIRE LAND IN THE VICINITY OF KELLOGG AND MAPLE. Agenda Report No. 97-496. Gerald Dunnegan owns an undeveloped tract of land located north of Kellogg, approximately midway between 119th Street West and 135th Street West. The northern part of the tract is heavily wooded with a creek and rolling terrain and will abut the proposed Auburn Hills golf course. It is anticipated some of the site could be used for part of the golf course and other sections have value as habitat and potential site for park and nature trail use. The owner has agreed to sell all of the site except the south twenty acres (Kellogg frontage) to the City for $141,000. The parcel is estimated to contain over 50 acres (per acre price of $2,800 to $2,820). A budget of $141,000 is requested for the purchase. Funding will be General fund appropriated reserves. Motion -- Ferris moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. ADDENDUM ITEM 22a AGREEMENTS RELATED TO DEVELOPMENT OF AUBURN HILLS GOLF COURSE. (District V) Agenda Report No. 97-509. On May 20, 1997, the Council authorized negotiation of a contract with Dye Designs and Perry O. Dye, for the design of an 18-hold, championship golf course on the west side of Wichita in the area bounded by Kellogg, Maple, 119th, and 151st. The land will be, in large part, donated to the City. Because the specific land to be donated cannot be determined until some preliminary designs have been done by the golf course architects, it is necessary to contract with the potential donors to cover the terms and conditions under which the donation will be made. In addition, owners of land which will abut the golf course have indicated a willingness to participate in financing of the project through special assessments against their land. The specifics of this participation is set out in an agreement with the owners. The agreement with the donors provides for the gift of land at the point where the design of the golf course has progressed to the point where the specific land needed can be identified. An Agreement has also been prepared which obligates the owners to submit petitions guaranteeing certain improvements to 135th Street and the construction of the golf course clubhouse, cart storage facility, and parking lot. The agreement with the owners of adjacent land will provide financial guarantees, through special assessments, covering up to $500,000 of the costs associated with constructing the golf course clubhouse, cart storage facility, and parking lot. The improvements necessary to 135th Street from Maple to the golf course entrance will also be financed 100 percent by special assessments against benefiting property (which will include all the property that these owners have in the vicinity of the golf course). The agreement also provides that the owners will provide the City with a financial guarantee that their future residential development adjacent to the golf course will generate the ad valorem tax revenue increases projected by City staff as necessary to support the debt service on a portion of the golf course construction costs. Motion -- Ferris moved that the Agreements be approved and the mayor be authorized to sign. -- carried Motion carried 7 to 0. FRANCHISE ORDINANCES SCHOOL BUS FRANCHISE ORDINANCES (SCHOOL SERVICES LEASING AND WICHITA COLLEGIATE SCHOOL). Agenda Report No. 97-497. On April 30, 1997, the Wichita Metropolitan Transit Authority received an application from School Services and Leasing, Inc. (SS & L) for a School Bus Franchise Ordinance to operate service within the Wichita city limits. School Services and Leasing, Inc. is headquartered at 12310 West 62nd Terrace, Shawnee, Kansas, 66216. Graydon J. Kincaid is President/Director; Michael T. Kincaid is vice President, and Jerry K. Herbert is Secretary/Treasurer for the company. SS & L has two (2) local offices: 250 W. 53rd North and 3410 West 30th South. SS & L will be providing all USD #259 school bus service. The service involves 1381 routes using 444 vehicles of various sizes. In addition to the application form, the school provided a Certificate of Insurance, a full insurance policy reviewed by the City's Legal Department, and the $10.00 filing fee along with the $10 per vehicle fee which is not due until October 1997. On May 22, 1997, a Public Hearing was conducted before the Metropolitan Transit Authority Board. The Board passed a Resolution recommending the City Council approve a School Bus Franchise Ordinance for School Services and Leasing, Inc. The Board Resolution is provided with the application. School Services and Leasing, Inc. has been providing USD #259 school transportation services since the 1991-1992 school year. It has been a reputable firm providing a quality service for the local school system. All requirements for a School Bus Franchise Ordinance have been met by SS & L. Motion -- Knight moved that the School Bus Franchise Ordinance for School Services and Leasing, Inc. to cover the next three (3) years beginning with the 1997-1998 -- carried school term be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance granting to Wichita School Services and Leasing, Inc., the authority, right, and privilege to establish, maintain, and operate a limited bus transportation system upon and over streets, avenues, bridges, and places in the City of Wichita, Kansas, for the transportation of students to and from certain designated schools for hire and fixing the terms and conditions of such grant, placed on first reading and under the rules laid over. Agenda Report No. 97-498. On April 8, 1997, the Wichita Metropolitan Transit Authority received an application from Wichita Collegiate School for a School Bus Franchise Ordinance to operate service within the Wichita city limits. The school's address is 9115 East 13th Street, Wichita, Kansas 67206. Wichita collegiate School will operate one (1) van type vehicle in its service. In addition to the application form, the school provided a Certificate of Insurance, a full policy reviewed by the City's Legal Department, and the $10.00 filing fee. On May 22, 1997, a Public Hearing was conducted before the Metropolitan Transit Authority Board. The Board unanimously supported, by Resolution, Wichita Collegiate School's application for a School Bus Franchise Ordinance. The Board Resolution is provided with the application. Wichita Collegiate School is a well known, reputable learning institution in the community. During its years of operation they have provided a valuable school bus transportation system to accommodate students with their transportation needs. As in the past, Wichita Collegiate School is requesting the City of Wichita grant them the necessary franchise license to continue its school bus service in Wichita. Motion -- Knight moved that the School Bus Franchise Ordinance for Wichita Collegiate School to cover the next three (3) years beginning with the 1997-1998 school -- carried term be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance granting to Wichita Collegiate School, a non-profit corporation, the authority, right, and privilege to establish, maintain, and operate a limited bus transportation system upon and over streets, avenues, bridges, and places in the City of Wichita, Kansas, for the transportation of students to and from certain designated schools for hire and fixing the terms and conditions of such grant, placed on first reading and under the rules laid over. KIN NETWORK, INC. FIBER OPTICS FRANCHISE ORDINANCE. ORDINANCE An Ordinance granting to KIN Network, Inc., the right and privilege to construct, operate, and maintain a fiber optic telecommunication system in the City of Wichita, Kansas, and prescribing the terms of said grant, read for the second time and under the rules laid over. ORDINANCES SECOND READING ORDINANCES. (First reading June 3, 1997) b. Eminent Domain Acquisition - 1306 North Waco. (District VI) ORDINANCE NO. 43-494 An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and Right-of-Way therein, for the purpose of improving the intersection of 13th Street and Waco Avenue and to be known as the Waco and 13th Street Intersection Improvement Project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, 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. c. Eminent Domain Acquisition - Maple and Seneca Project. (District VI) ORDINANCE NO. 43-495 An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and Right-of-Way therein, for the purpose of improving Seneca to be known as the Maple and Seneca Improvement Project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands, easements, and access control, therein taken and providing for payment of the cost thereof, 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. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 25, 27 through 31, and 33 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 25, 27 through 31, and 33 be approved as -- carried consensus Items. Motion carried 7 to 0. V-2029 V-2029 - REQUEST TO VACATE A PORTION OF A UTILITY EASEMENT LOCATED IN AN AREA ON SHARON, WEST OF RIDGEHURST. Agenda Report No. 97-499. Staff Recommendation: Approve vacation of utility easement. MAPC Recommendation: Approve vacation of utility easement. The applicant desires to develop eleven platted lots into ten building sites to accommodate larger homes. An existing easement between two of the lots must be vacated in order to place a structure in one area. A substitute easement has been provided to accommodate the new development. No members of the public addressed the MAPC in opposition to the request. The property is located outside the City of Wichita, but within three miles thereof. Motion -- carried Knight moved that the vacation be approved. Motion carried 7 to 0. V-2019 PUBLIC HEARING - V-2019 - REQUEST TO VACATE UTILITY EASEMENTS LOCATED IN AN AREA Item No. 26 SOUTH OF 21ST STREET NORTH AND EAST OF ROCK ROAD. (District II) Agenda Report No. 97-500. Staff Recommendation: Approve vacation of utility easements. MAPC Recommendation: Approve vacation of utility easements. The applicant desires to develop the site by constructing a building in the utility easement. The utilities located within the easement have been relocated to an adjacent easement. No members of the public addressed the MAPC in opposition to the 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 -- Kamen moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. S/D 96-55 S/D 96-55 - PLAT OF THE GREENWICH BUSINESS PARK ADDITION LOCATED NORTH OF 21ST STREET NORTH AND WEST OF GREENWICH ROAD. (District II) Agenda Report No. 97-501. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. A plan has been provided that sets various controls on how the site can be developed. In order to provide access to a lot not having a frontage to a public street, a cross lot access easement/agreement was submitted. The negative MAPC vote indicated the commissioner's concern with development occurring in areas impacted by floodways and floodplains. Documents Restrictive Covenants, Certificates of Petitions, Avigational Easement, and Easement for Lots 2 through 7, Greenwich Business Park Addition from Harry and Ann Brown and Diana and William Levine. 100 Percent Petition for construction of Water distribution System Number 448-89133 ($55,200 S.A.) Hold for development. 100 Percent Petition for construction of Water distribution System Number 448-89134 ($73,500 S.A.) Hold for development. 100 Percent Petition for construction of Water distribution System Number 448-89135 ($40,000 S.A.) Hold for development. 100 Percent Petition for construction of Water Distribution System Number 448-89136 ($116,600 S.A.) Hold for development. 100 Percent Petition authorizing improving of 22nd Street North from the west line of Greenwich road to the west line of 22nd Street North Court; 22nd Street North Court serving Lot 1, block 1, from the south line of 22nd Street North to and including the cul-de-sac; sidewalk on both sides of 22nd Street North from the west line of Greenwich Road to the west line of 22nd Street North Court, and both sides of 22nd Street North Court serving Lot 1, block 1, from the south line of 22nd Street North to and including the cul-de-sac, Project No. 472-82814 ($306,000 S.A.) Hold for development. 100 Percent Petition for improving of 23rd Street North court serving Lots 21, 22, and 23, Block 1, from the west line of Greenwich Road to and including the cul-de-sac, and; sidewalk on both sides of 23rd Street North serving Lots 21, 22, and 23, block 1, from the west line of Greenwich Road to and including the cul-de-sac, Project No. 472-82815 ($91,000 S.A.) Hold for development. 100 Percent Petition for improving of 22nd Street North circle serving Lots 13, 14, 15, and 16, block 1, from the west line of 22nd Street North Court to and including the cul-de-sac, and; sidewalk on both sides of 22nd Street North Circle serving Lots 13, 14, 15, and 16, Block 1, from the west line of 22nd Street North Court to and including the cul-de-sac, Project No. 472-82816 ($160,000 S.A.) Hold for development. 100 Percent Petition for improving of Greenwich Road from the north line of 21st Street North to the north line of Lot 23, block 1, Project No. 472-82817 ($72,000 S.A.) Hold for development. 100 Percent Petition for improving of accel/decel lane on the north side of 21st Street North from the west line of Greenwich Business Park Addition to the west line of Greenwich Road, Project No. 472-82818 ($97,000 S.A.) Hold for development. 100 Percent Petition for construction of Storm Water Sewer No. 482 (north of 21st Street North, west of Greenwich Road) Project No. 468-82700 ($735,000 S.A.) Hold for development. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-150 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89133 (north of 21st Street North, west of Greenwich Road) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-151 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Number 448-89134 (north of 21st Street North, west of Greenwich Road) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-152 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Number 448-89135 (north of 21st Street North, west of Greenwich Road) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-153 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89136 (north of 21st Street North, west of Greenwich Road) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-154 Resolution of findings of advisability and Resolution authorizing improving of 22nd Street North from the west line of Greenwich road to the west line of 22nd Street North Court; 22nd Street North Court serving Lot 1, block 1, from the south line of 22nd Street North to and including the cul-de- sac; sidewalk on both sides of 22nd Street North from the west line of Greenwich Road to the west line of 22nd Street North Court, and both sides of 22nd Street North Court serving Lot 1, block 1, from the south line of 22nd Street North to and including the cul-de-sac, Project No. 472-82814 (north of 21st Street North, west of Greenwich Road) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-155 Resolution of findings of advisability and Resolution authorizing improving of 23rd Street North court serving Lots 21, 22, and 23, Block 1, from the west line of Greenwich Road to and including the cul-de-sac, and; sidewalk on both sides of 23rd Street North serving Lots 21, 22, and 23, block 1, from the west line of Greenwich Road to and including the cul-de-sac, Project No. 472-82815 (north of 21st Street North, west of Greenwich Road) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-156 Resolution of findings of advisability and Resolution authorizing improving of 22nd Street North circle serving Lots 13, 14, 15, and 16, block 1, from the west line of 22nd Street North Court to and including the cul-de-sac, and; sidewalk on both sides of 22nd Street North Circle serving Lots 13, 14, 15, and 16, Block 1, from the west line of 22nd Street North Court to and including the cul-de-sac, Project No. 472-82816 (north of 21st Street North, west of Greenwich Road) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-157 Resolution of findings of advisability and Resolution authorizing improving of Greenwich Road from the north line of 21st Street North to the north line of Lot 23, block 1, Project No. 472-82817 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-158 Resolution of findings of advisability and Resolution authorizing improving of accel/decel lane on the north side of 21st Street North from the west line of Greenwich Business Park Addition to the west line of Greenwich Road, Project No. 472-82818 (north of 21st Street North, west of Greenwich Road) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-164 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 482 (north of 21st Street North, west of Greenwich Road) Project No. 468-82700 (north of 21st Street North, west of Greenwich Road) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 97-20 S/D 97-20 - PLAT OF THE WILLOWBEND NORTH ADDITION LOCATED SOUTH OF 37TH STREET NORTH AND WEST OF ROCK ROAD. (District I) Agenda Report No. 97-502. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. The plat property surrounds a portion of the Willowbend Golf Course. A negative MAPC vote indicated a concern over the adequacy of the sidewalk plan and width of easements. Documents Utility Easement (part Lot 11, Block 7, Willowbend North Addition, NE 1/4 S30 T26S R2E), Drainage Easement, Restrictive Covenant, and Certificate of Petitions from Jerry D. Michaelis, J.M.C., Inc. 100 Percent Petition for construction of Water Distribution System Number 448-89145 ($123,630 S.A.) Hold for development. 100 Percent Petition for construction of Water Distribution System Number 448-89146 ($108,800 S.A.) Hold for development. 100 Percent Petition for construction of Lateral 55, Main 9, Sanitary Sewer No. 23, Project No. 468-82712 ($252,500 S.A.) Hold for development. 100 Percent Petition for construction of Storm Water Sewer No. 485 (west of Rock, south of 45th Street North) Project No. 468-82713 ($81,000 S.A.) Hold for development. 100 Percent Petition for improving of Barton Creek from the south line of 45th to the south line of Lot 1, block 5; Barton Creek Courts from the south line of Barton Creek to and including the cul-de-sac, serving Lots 1, 2, and 3 and Lots 1, 2, and 3, Block 2; from the south line of Barton Creek to and including the cul-de-sac, serving Lots 1, 2, and 3, Block 1, and Lots 4, 5, and 6, Block 2; from the east line of Barton Creek to and including the cul-de- sac, serving Lots 4, 5, and 6, Block 4, and Lots 1, 2, and 3, Block 5; from the east line of Barton Creek to and including the cul-de-sac, serving Lots 4, 5, and 6, Block 5, and Lots 1, 2, and 3, Block 5; and; sidewalk on the north and west side of Barton Creek from 45th to the south line of Lot 1, Block 6, Project No. 472-82826 ($394,000 S.A.) Hold for development. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-159 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89145 (west of Rock, south of 45th Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-160 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89146 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-161 Resolution of findings of advisability and Resolution authorizing construction of Lateral 55, Main 9, Sanitary Sewer No. 23, Project No. 468-82712 (west of Rock, south of 45th Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-162 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 485 (west of Rock, south of 45th Street North) Project No. 468-82713 (west of Rock, south of 45th Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-163 Resolution of findings of advisability and Resolution authorizing improving of Barton Creek from the south line of 45th to the south line of Lot 1, block 5; Barton Creek Courts from the south line of Barton Creek to and including the cul-de-sac, serving Lots 1, 2, and 3 and Lots 1, 2, and 3, Block 2; from the south line of Barton Creek to and including the cul-de-sac, serving Lots 1, 2, and 3, Block 1, and Lots 4, 5, and 6, Block 2; from the east line of Barton Creek to and including the cul-de-sac, serving Lots 4, 5, and 6, Block 4, and Lots 1, 2, and 3, Block 5; from the east line of Barton Creek to and including the cul-de-sac, serving Lots 4, 5, and 6, Block 5, and Lots 1, 2, and 3, Block 5; and; sidewalk on the north and west side of Barton Creek from 45th to the south line of Lot 1, Block 6, Project No. 472-82826 (west of Rock, south of 45th Street North) 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. Z-3226 Z-3226 - REQUEST FOR ZONE CHANGE FROM "B" MULTI-FAMILY RESIDENTIAL TO "LC" LIMITED COMMERCIAL GENERALLY LOCATED SOUTH OF 9TH STREET NORTH AND WEST OF WEST STREET. (District V) Agenda Report No. 97-503. Staff Recommendation: Approve, subject to the applicant dedicating by separate instrument and additional 4 feet of utility easement along the western property line and dedicating by separate instrument complete access control along West Street except for one opening. CPO Recommendation: Approve. MAPC Recommendation: Approve, subject to the applicant dedicating by separate instrument and additional 4 feet of utility easement along the western property line and dedicating by separate instrument complete access control along West Street except for one opening. The applicant intends to rezone in order to sell the property for commercial development. 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. Z-3227 Z-3227 - REQUEST FOR ZONE CHANGE FROM "LC" LIMITED COMMERCIAL TO "TF-3" TWO- FAMILY RESIDENTIAL GENERALLY LOCATED AT THE NORTHEAST CORNER OF 29TH STREET NORTH AND TYLER ROAD. (District V) Agenda Report No. 97-504. Staff Recommendation: Approve, subject to platting within 1 year. CPO Recommendation: Approve. MAPC Recommendation: Approve, subject to platting within 1 year. The zone change is requested in order to relocate an existing machine shop from a residence. 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. Z-3228 Z-3228 - REQUEST FOR ZONE CHANGE FROM "LC" LIMITED COMMERCIAL AND "SF-6" SINGLE- FAMILY RESIDENTIAL TO "GC" GENERAL COMMERCIAL, GENERALLY LOCATED SOUTHWEST OF HILLSIDE AND WASSALL (VACATED). (District III) Agenda Report No. 97-505. Staff Recommendation: Approve, subject to platting within one year and subject to the additional provisions of a Protective Overlay (P-O) District. CPO Recommendation: Approve, subject to platting within one year and subject to the additional provisions of a Protective Overlay (P-O) District. MAPC Recommendation: Approve, subject to platting within one year and subject to the additional provisions of a Protective Overlay (P-O) District. The applicant proposes to develop the Woodlawn Power Center Commercial CUP on two tracts. 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. DP-228 AND Z-3229 DP-228 - APPROVAL OF THE WOODLAWN POWER CENTER COMMERCIAL COMMUNITY UNIT PLAN ON (Item No. 32) TWO TRACTS, TOTALING 15.1 ACRES, LOCATED TO THE NORTH AND SOUTH OF K-96 ON THE EAST SIDE OF WOODLAWN; AND Z-3229 - REQUEST FOR ZONE CHANGE FROM "SF-6" SINGLE- FAMILY RESIDENTIAL TO "LC" LIMITED COMMERCIAL, LOCATED TO THE NORTH AND SOUTH OF K-96 ON THE EAST SIDE OF WOODLAWN. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-506. Staff Recommendation: Approve, subject to conditions. CPO Recommendation: Deny. MAPC Recommendation: Approve, subject to conditions. The applicant has also agreed to accept the standard agreement for a pedestrian walksystem. Motion -- Kamen moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the 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-3229 A 97-14 A97-14 - REQUEST FOR THE ANNEXATION OF ELIGIBLE PROPERTIES INTO THE CITY OF WICHITA GENERALLY LOCATED AT THE SOUTHWEST CORNER OF 135TH STREET WEST AND CENTRAL AVENUE. Agenda Report No. 97-507. John Dugan requested that property located at the southwest corner of 135th Street West and Central Avenue be annexed into the City of Wichita. Land Use and Zoning, Public Services, street system, public safety, parks, school district, and urban growth were all reviewed. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A 97-14 EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation, potential litigation, legal advice, and contract negotiation; personnel matters of non-elected personnel; and matters relating to employer-employee negotiations; and the regular meeting be resumed no -- carried sooner than 12:15 p.m. in the City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 11:04 a.m. and reconvened in regular session at 12:15 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. (The Council returned to Items 22 and 22a and action is shown in Agenda Order.) EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider personnel matters of non-elected personnel and the regular meeting be resumed no sooner -- carried than 2:00 p.m. in the City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 12:20 p.m. and reconvened in regular session at 2:15 p.m. (The Council returned to Item No. 6 and action is shown in Agenda Order.) ADJOURNMENT The City Council adjourned at 2:20 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 163 JUNE 10, 1997 Page 1