MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, February 10, 1998 Tuesday, 9:12 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Lambke, Rogers; present. *Council Members Ferris, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Marlin White, Unity Church of Wichita. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of February 3, 1998, were -- approved approved 5 to 0. (Ferris, Kamen; absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. *Council Member Kamen present. ADDENDUM ITEM SALES TAX LEGISLATION COMMENTS BY DAVID BURK PERTAINING TO SALES TAX ON COMMERCIAL IMPROVEMENTS. David Burk David Burk, 431 South Roosevelt, said the state sales tax issue hampers the development of the downtown area. *Council Member Ferris present. The present tax structure favors business occupying new buildings, encourages urban sprawl, and adds to the cost of local government. Renovations in Old Town are really new buildings in old shells. The buildings must be stripped out and much of the old part must be demolished. This cost is not incurred in new construction. Mr. Burk urged that the Mayor be authorized to send a letter in support of removal of sales tax from residential and commercial renovations to the Legislature. Motion -- Knight moved that the Mayor be authorized to send a letter of support of removing the 5.9 percent sales tax from commercial improvements to the Legislature. -- carried Motion carried 7 to 0. UNFINISHED BUSINESS CONDEMNATIONS REPAIR/REMOVAL OF DANGEROUS AND UNSAFE STRUCTURE: 1136 NORTH MARKET. Continued from January 6, 1998, to allow time to sell the property or begin repairs. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Agenda Report No. 97-1042 B. Coy Lybrand, owner of the property when it was first cited for violations on March 23, 1973, and was the occupant until about a year ago. In May, 1992, court action was initiated and the owner was ordered to make repairs to the property. The property was re-roofed, but no other exterior repairs were noted. Since April 18, 1997, several notices have been issued and on August 26, 1997, a pre-condemnation letter was issued. Formal condemnation was initiated on September 9, 1997. At the October 6, 1997, BCSA hearing, the owner did not appear, and the BCSA recommended 10 days to start demolition and an additional 10 days to complete. On December 8, 1997, Mr. Lybrand met with staff, requested time to repair the structure, and said he had contacted a contractor to give him a bid for repairs. The case was to be before the City council on December 9, 1997, but staff requested a deferral until January 6, 1998, to allow Mr. Lybrand to secure a bid from the contractor. On January 6, 1998, the City Council reviewed the matter and voted to allow 30 days to sell the property or begin repairs. The owner was also directed to immediately contact the Historic Midtown Citizens Association to discuss possible sale of the property. Mr. Lybrand has not contacted staff with information about the status of the property; however, staff contacted his friend, Mr. Baker, who stated that he was working on a deal with Mr. Lybrand to purchase the property. Historic Midtown Association has been unable to reach Mr. Lybrand. Staff inspected the property on January 28, 1998, and no repairs had been made. The structure was secure. There were inoperable vehicles, junk, and debris, bulky waste, tree waste, and tires on the premises. The first half of 1997 taxes have been paid. The second half is not due until June 20, 1998. Staff recommended granting the prospective new owner 30 days to complete purchase of the property, and an additional 30 days to complete repairs, provided that the premises are cleared of debris and the structure is maintained secure. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Coy Lybrand Coy Lybrand said the taxes and bills are paid and that he is an out-patient at the VA Hospital. Mr. Lybrand does not want the house to be torn down. Although he has had numerous opportunities to sell the property, he does not want to sell. There is a former deal to sell he might be able to renew. Sharon Feary Sharon Feary, head of a Midtown Association Committee, resident at 1323 North Emporia, said she had visited with Mr. McCoy and had agreed to meet with him again next Sunday. The house has looked like this for 20 years. It is hoped Willard Ebersole might meet with Mr. Lybrand and look at City programs to try to get some kind of help. Ms. Feary request 30 to 60 days. Motion -- Cole moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, that 30 days be given to discuss the future of the residence, and an additional 30 days be given to complete exterior repairs, and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Motion -- carried carried 7 to 0. RESOLUTION NO. R-98-020 A Resolution finding that the structure commonly known as 1136 North Market, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. HISTORIC PRESERVATION HISTORIC PRESERVATION LOANS/GRANTS GUIDELINES. Continued from January 13, 1998, to allow time for Vice Mayor Cole to meet with the Historic Preservation Board. Council Members Gale, Rogers; momentarily absent. Council Member Cole Council Member Cole reviewed the Item. In early 1997, the Wichita City Council adopted a set of guidelines or criteria to evaluate requests for historic preservation-related loans and grants. The grants are more difficult to achieve. The guidelines for the revolving loan program should be less stringent and they are usually for a smaller amount than the grants. Persons needing a loan should not have to meet the requirements of the grant program where the State competition is great. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the guidelines adopted in March of 1997 apply to grants and not to loans under the Revolving Loan Program which provides loans for historic -- carried properties. Motion carried 7 to 0. NEW BUSINESS IRB - RYAN LETTER OF INTENT TO ISSUE INDUSTRIAL REVENUE BONDS (IRBS) FOR RYAN INTERNATIONAL. (District VI) Mayor Knight declared a conflict of interest and abstained from participation on this Item. (Vice Mayor Cole in the Chair.) Ray Trail Director of Finance reviewed the Item. Agenda Report No. 98-086 On January 21, 1997, the City Council approved a Letter of Intent to issue industrial revenue bonds ("IRBs") to renovate the 901 Building at Lincoln and George Washington Boulevard, to serve as a call center for NationsBank. The tenants in the IRB issue were to be Ablah Enterprises and Ryan International Airlines, who would sublease a portion of the building to NationsBank. In addition to the NationsBank call center, the 901 Building was to serve as the corporate headquarters of Ryan International. Following the issuance of the Letter of Intent, a business decision was made to use the entire building for the call center, and NationsBank became the tenant for the IRBs. Ryan International has entered into a contract to purchase a building located in downtown Wichita, to serve as the company's corporate headquarters, located at 105 East Second Street. Ryan has requested the City to issue a Letter of Intent to issue IRBs in an amount not to exceed $3.5 million to finance the costs of acquiring the building and converting it to corporate headquarters offices, and approve a 10-year 100% tax abatement on the improvements to the property. Ryan is a certified air carrier licensed by the Federal Aviation Administration and the Department of transportation. It currently operates a fleet of fifty aircraft consisting of Boeing 727s, 737s, Douglas DC- 9s, and Airbus A-320s. Ryan will shortly begin Boeing 757 operations. Its operations are divided between freight and passenger with about 66% freight. Ryan has major bases in Indianapolis, Dayton, Philadelphia, Chicago, Minneapolis, Cleveland and Guam. New bases will be opened in Los Angeles and San Francisco later this year. The proceeds of the proposed $3.5 million bond issue will be used to purchase and renovate the vacant Southwestern Bell building located at the southeast of Main and Second Street. The building will be gutted and converted into Class A corporate headquarters for Ryan International. The finished building will have 54,000 square feet of office and common space located on twoand enclosed parking for 60 cars underneath the building. A detailed breakdown of the estimated project costs is as follows: Site Acquisition $ 500,000 Demolition, Structure, HVAC and Rough Remodel 1,500,000 First Floor Finish-out 500,000 Second Floor Finish-out 500,000 Equipment 500,000 Total $3,500,000 Ryan plans to move 150 employees from its current corporate offices at 6810 West Kellogg to the new downtown headquarters building. Ryan has agreed to maintain a current EEO/AA plan on file with the City. The building will be owned by Ryan Properties, L.C. and leased to Ryan International Airlines. Ryan International or an affiliate will purchase the bonds as a private placement. The law firm of Hinkle, Eberhart & Elkouri will serve as the City's bond counsel for the transaction. Ryan has agreed to pay all costs of the City relative to the issuance of the bonds and to pay the City's administrative service fee of $2,500 per year. Ryan has requested a 10-year, 100% tax abatement on the improvements made to the existing property being financed with the IRBs. Accordingly, Ryan will make a payment-in-lieu-of-taxes each year that the abatement is in effect equal to the taxes that would have been paid in that year based on the value of the property at the time it was purchased by Ryan, as determined by the full price paid for the property. The estimated amount of taxes to be abated in the first year following the issuance of the IRBs is $40,239, based on an appraised value of $2 million and the 1997 mill levy of 107.304 mills. The City's estimated portion of the tax abatement is $11,709; for the County is $11,323; and for USD 259 is $16,644. Vice Mayor Cole Vice Mayor Cole inquired if anyone wished to be heard. Ron Ryan Ron Ryan, Ryan Aviation, explained that within a short time 200 employees would be achieved. Mr. Ryan expressed appreciation to the Council for help on the project. Motion -- Ferris moved that issuance a Letter of Intent to Ryan International Airlines for Industrial Revenue Bonds in an amount not to exceed $3.5 million and grant a 100% tax abatement for a 10-year period on the improvements to bond-financed property, subject to the following conditions: 1. Negotiation of a Lease Agreement and Bond Ordinance. 2. Arrangements have been made for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds are in place. 4. Agreement to pay the City administrative fees of $2,500 per year for as long as the bonds are outstanding. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. An approved Equal Employment Opportunity/Affirmative Action Plan is on file with the City prior to issuance of the bonds. 7. An approved Water Conservation Plan is on file with the City prior to issuance of the bonds. 8. Agreement to submit building and site plans to CART (City manager's Aesthetic Review Team) for review and to modify the proposed design to comply with any reasonable CART conditions or recommendations. 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA will be conducted by and independent consultant who is a recognized expert in the area. Industrial Revenue Bonds will not be issued if the ESA discloses environmental conditions that might have implications for bond purchasers under the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 10. Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual audits to the City, unless the bonds are privately placed with the applicant, an affiliate of the applicant or the applicant's bank. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the tax abatement. If the applicant fails to demonstrate a good- faith effort to achieve these goals, the City may revoke the tax abatement by either imposing payments-in-lieu-of-taxes or by declining to make the annual exemption filing with the Board of Tax Appeals. All repayments of in-lieu taxes shall be redistributed to the other taxing authorities in accordance with the law. 14. Applicant is strongly encouraged to utilize Minority- owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. -- carried And the Mayor be authorized to sign. Motion carried 6 to 0. (Knight abstained) (Mayor Knight in the Chair.) IRB - RAND GRAPHICS SUPPLEMENTAL INDUSTRIAL REVENUE BOND (IRB) LETTER OF INTENT FOR RAND GRAPHICS. (District V) Ray Trail Director of Finance reviewed the Item. Agenda Report No. 98-087 In January 1995, the City Council approved a Letter of Intent to issue Industrial Revenue Bonds ("IRBS") in an amount not to exceed $5 million to Rand Graphics, Inc. for a term of five years, to finance a major expansion of Rand's existing screen printing plant on Hoover Road in west Wichita. The City Council also approved a 10-year, 100% property tax exemption for the expansion project, which is to be completed in two phases. In December 1995 and January 1996, the City Council approved the issuance of IRBS in the aggregate principal amount of $2.5 million to finance the first phase of the project. Rand is now ready to finance the second phase of the project. However, the costs of the second phase now exceed the remaining $2.5 million authorized by the 1995 Letter of Intent. Rand is therefore asking the City Council to approve a supplemental Letter of Intent in the amount of $985,000. The proceeds of the bond issue will be used to construct an expansion of the main building at Rand's screen printing plant on Hoover Road near Cessna Boulevard (K-42 Highway) and to purchase certain equipment used in the screen printing process. The building expansion will add approximately 60,000 square feet of manufacturing, office and warehouse space. The equipment consists of a $1.5 million processor for multi-color printing of 10-foot wide banners, a digital printer and a screen washer. The following table summarizes the uses of bond proceeds and the need for additional Letter of Intent authority: Building Expansion $1,210,000 New Equipment 2,275,000 Total Bond Proceeds $3,485,000 Remaining 1995 Letter of Intent $2,500,000 Requested Supplemental Letter of Intent $985,000 Total Letter of Intent Authority $3,485,000 Rand's sales have increased from $7 million in 1987 to $19 million in 1997. During the same period, employment increased from 80 to 168 employees. It is anticipated that employment will reach 200 by the year 2000. Rand's 1995 Letter of Intent was approved after the 1994 Kansas Legislature adopted changes to the IRB statutes requiring that a cost/benefit analysis be performed for each IRB-financed project for which a property tax abatement is also granted. The 1994 changes stipulated that the cost/benefit analysis must show the impact of the tax abatement on state revenues, as well as those of cities, counties and school districts. The cost/benefit analysis for Rand's expansion project was performed by the University of Kansas. On other projects, the Board of Tax Appeals (BOTA) has ruled that the K.U. cost/benefit studies do not adequately analyze the impact on state revenues. Following the Rand Letter of Intent, the City began using Wichita State University to perform cost/benefit studies in conjunction with property tax exemptions. BOTA has consistently accepted the W.S.U. cost/benefit studies as complying with state law requirements. W.S.U.'s Center for Economic Development and Business Research has been asked to perform a new cost/benefit analysis on the entire Rand expansion project, including both the 1995/96 phase one expansion and the current phase two expansion, in order to cure in advance any fault BOTA might find in the earlier K.U. study. The results of the W.S.U. cost/benefit analysis will be provided in to the City Council prior to their consideration of the supplemental Letter of Intent. Rand Graphics has fully complied with all conditions of the 1995 Letter of Intent, including the filing of EEO/AA and Water Conservation Plans with the appropriate City agencies. Bond Counsel for the issue is the firm of Hinkle, Eberhart & Elkouri, L.L.C. The bonds will be privately placed, in part with a financial institution and in part by placement with Rand Graphics. Rand Graphics 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. Rand Graphics was granted a 100% tax abatement of ad valorem property taxes on the project for a 10-year period. The real and personal property taxes paid by Rand Graphics in 1997 was $95,262. The amount of taxes that was estimated to be abated on the project at the time the Letter of Intent was issued was $95,582. The estimated additional taxes to be abated in the first year on the incremental increase of bonds would be $22,645, of which $6,590 is the City portion, $6,689 the County/State portion, and $9,366 the USD 259 portion, based on the 1997 mill levy of 107.304 mills. In order to provide a legal basis for replacing the 1995 K.U. cost/benefit analysis with the study being performed by W.S.U., the City Council is asked to ratify the 1995 Letter of Intent at the same time that it approves the supplemental Letter of Intent. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the Letter of Intent issued to Rand Graphics in 1995 be ratified and a supplemental Letter of Intent in an amount not to exceed $985,000, subject to the same terms and conditions contained in the 1995 Letter of Intent -- carried be approved and the Mayor be authorized to sign. Motion carried 7 to 0. IRB - MCCORMICK AMENDMENT TO INDUSTRIAL REVENUE BOND LEASE AGREEMENT - MCCORMICK-ARMSTRONG CO. (District VI) Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 98-088 In December 1996, the City issued Industrial Revenue Bonds to finance improvements and equipment for McCormick-Armstrong Co., Inc. In the original Lease Agreement, Section 5.4 contemplated that the Project would be completed on or before December 20, 1997, and Section 5.6 provided that any money unexpended in the Project Fund as of December 20, 1997 must be transferred to the Principal and Interest Account. That date passed before all the funds could be used for project completion, and the Tenant and the Owner of the Bonds now mutually seek to amend the Lease to substitute "June 20, 1998" as the latest Project Completion Date and operative date for transfer of unexpended Project Fund balances. The requested amendment would accommodate all private parties to the bond issue, and Bond Counsel has advised no tax problems will arise from the requested modification. With the exception of costs of publishing the amending Ordinance and minor postage expenses (which will be covered by the annual Administrative Service Fee), the amendment will be without cost to the City. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Ordinance to approve a First Amendment to Lease Agreement for the City's Industrial Revenue Bonds, Series XI, 1996, be placed on first reading. -- carried Motion carried 7 to 0. ORDINANCE An Ordinance of the City of Wichita, Kansas, authorizing the execution of a first amendment to lease agreement by and between the City of Wichita, Kansas, and McCormick-Armstrong Co., Incorporated, in connection with the project financed by the City's Industrial Revenue Bonds, Series XI, 1996 (McCormick-Armstrong Co., Incorporated), introduced and under the rules laid over. ST. FRANCIS CONVERSION CONVERSION OF ST. FRANCIS AVENUE TO TWO-WAY TRAFFIC BETWEEN SECOND AND CENTRAL. (District VI) Scott Canfield Scott Canfield, Traffic Engineering Division, reviewed the Item. Agenda Report No. 98-089 Business owners and tenants of the 300 and 400 blocks of North St. Francis have requested that the City convert St. Francis Avenue, from one-way southbound traffic to a two-way street between Central Avenue and Second Street. St. Francis Avenue, north of Central, was converted to a two-way street in 1993 and functions safely as an access to and from St. Francis (Via Christi) Hospital. The hospital had requested that it be converted to two-way traffic from Central to Murdock to provide a direct northbound access from Central to the hospital's main entrance and emergency entrance. Business owners south of Central would like to have the two-way traffic flow pattern extended to Second Street to improve access to the area businesses and for convenience of the customers and suppliers. St. Francis Avenue carries approximately 2,400 vehicles per day in two southbound lanes. Based on the northern segment, Traffic Engineering feels that there will be limited impact on traffic flow caused by the two-way traffic change. However, Staff feels that this change might create more opportunity for traffic accidents at the intersections of Central, Second Street, and Third Street because of the additional traffic movements, particularly the northbound movement from St. Francis onto Central. While these possibilities may be created, Traffic Engineering Staff feels that these are minor and, therefore, would recommend to the City Council that the change be made. The CPO and Traffic Commission both voted to approve the conversion. The cost of converting St. Francis to two-way operations is estimated to be $25,000. Since this project was not anticipated, there are no funds budgeted for this conversion. If the City Council approves this two-way street change, a funding allocation must be made. The City Council may: (1) Defer this project until the 1999-2000 budget; (2) Approve the project and authorize funding within the revised 1998-99 budget; (3) Replace an existing maintenance project in the 1998 budget to free funds for this project; or (4) Allocate funding from Appropriated Reserve Funds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the conversion of St. Francis to a two-way street from Central Avenue to Second Street be approved and the City Manager determine the desired -- carried funding option. Motion carried 7 to 0. OFF AGENDA ITEM IRB TAX EXEMPTIONS IRB TAX EXEMPTIONS Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 7 to 0. Council Member Rogers Council Member Rogers said two things need to be revisited, in terms of the IRBs. First, is the 5+5 year exemption under which the City Council operates. One of the major criteria used to determine whether or not IRBs are issued is the number of jobs created. Whether or not there is significant movement towards that goal seems not to be much of a determination in what is issued in the additional five years. Staff should be asked to look at this matter and return with recommendations on that particular part. Second, a part of the business incentive policy in the IRB letter of intent for various companies, is Item 14 that the applicant is strongly encouraged to utilize minority owned businesses, women owned business, contractors, and so forth. That is an extremely important statement for the Council to have included. However, when it comes to reality, it is simply unenforceable. It means something symbolically but has no practical application in terms of looking at the totality of what goes on. It simply does not mean anything. Council Member Rogers said he would like to have the Council ask Staff to consider changing that statement to say something more like "must show evidence of effort to utilize minority contractors and WMPs." This is not to indicate that minority/women contractors must be utilized but that evidence must be shown that an effort was made so the Council knows that the company at least contacted, made telephone calls, or tried to find persons in these various areas to utilize them. Mayor Knight Mayor Knight asked that a work session or retreat be scheduled to review this matter. The Council could also talk about labor shortages and other matters and review implications. ELECTRICAL CODE ORDINANCE PERTAINING TO THE ELECTRICAL CODE. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Agenda Report No. 98-090 The Board of Electrical Appeals and the Office of Central Inspection recommends that the proposed amendments to the City of Wichita Electrical Code (Title 19) be approved. The Electrical/Elevator section of Central Inspection is self-supported by fees generated through residential and commercial electrical permits and associated contractor licensing fees, and these proposed fee increases are needed to maintain present levels of customer service. The proposed amendments will accomplish two basic objectives: (1) Increase annual contractor licensing fees (which has not been changed since 1969) from $75.00 to $100.00; and (2) provide a safe, economic alternative to allow conversion of existing freight elevators to commercial passenger use elevators. With respect to fees, it is necessary to periodically increase such fees to stay abreast of increased inspection activity and costs. The last Title 19 licensing fee increase was in 1969. The proposed fee increase was presented to the Board of Electrical Appeals at their July 8, 1997, regular monthly meeting for discussion. The Board reviewed the proposed ordinance changes and feels the fee increases are necessary and justified. With respect to freight elevator conversions, the Elevator Code of the City of Wichita does not presently permit freight elevators to carry passengers. However, many knowledgeable experts in the elevator industry agree that with certain technical modifications, freight elevators can be safely modified and converted to a passenger type of use. The proposed amendments will provide a safe economical alternative for commercial owners, architects and other interested parties to convert existing freight elevators to passenger elevators in older buildings and in "old town" type districts, for both economical and aesthetic reasons. The Board of Electrical Appeals discussed and reviewed this new proposed ordinance addition concerning conversion of freight elevators to passenger use at their August 12, 1997, regular monthly meeting with OCI staff and recommends that this new section be approved. The proposed changes are as follows: Section 19.08.070: (License fees). Change the existing Electrical contractor annual licensing fee to reflect an annual fee increase from $75.00 to $100.00. Section 19.08.090: (License fees). Change the existing Elevator contractor annual licensing fee to reflect an annual fee increase from $75.00 to $100.00. Section 19.08.095: (License fees). Change the existing Electrical handicapped accessibility lifts contractor annual licensing fee to reflect an annual fee increase from $75.00 to $100.00. Section 19.16.070: (License fees). Change the existing Mobile-home serviceman electrical contractor annual licensing fee to reflect an annual fee increase from $75.00 to $100.00. Section 19.28.010: (Scope). New section permitting freight type elevators in commercial buildings to be altered and converted to permit the carrying of passengers. Section 19.28.020: (Installation standards). New section concerning installation requirements for altering and converting freight type elevators in commercial buildings to permit the carrying of passengers. Section 19.28.030: (Driving machines). New section concerning the requirements for elevator driving machines to be used when converting freight type elevators to permit the carrying of passengers. Section 19.28.040: (Minimum rated load). New section that concerns the minimum rated load for freight type elevators in commercial buildings converted to permit the carrying of passengers. Section 19.28.050: (Types of Entrances). New section that lists the type of entrances required for freight type elevators in commercial buildings being converted to permit the carrying of passengers. Section 19.28.060: (Openings Prohibited). New section that lists the permissible openings allowed in freight type elevators in commercial buildings converted to permit the carrying of passengers. Section 19.28.070: (Requirements for passenger overload). New section that requires that passenger and freight elevators be designed and installed to hold the elevator car with an additional 25% of the elevators rated load. Section 19.28.080: (Car enclosures). New section that lists the elevator car enclosure requirements for freight type elevators in commercial buildings being converted to permit the carrying of passengers. Section 19.28.090: (Emergency communications). New section that states the requirements for emergency communications for freight type elevators in commercial buildings converted to permit the carrying of passengers. Section 19.28.100: (Required inspections). New section that states that freight type elevators in commercial buildings converted to permit the carrying of passengers shall be subject to the inspections required in the latest adopted edition of the ANSI/ASME A17.1 Safety Code for Elevators and Escalators. Section 19.28.110: (Emergency operation and signaling devices). New section that states that freight type elevators in commercial buildings converted to permit the carrying of passengers shall be subject to the emergency operation and signaling requirements listed in the latest adopted edition of the ANSI/ASME A17.1 Safety Code for Elevators and Escalators. Presently the City Electrical, Elevator, Mobile-home Serviceman Electrical and Electrical Handicapped Accessibility Lifts contractors annual licensing fees are $75.00. The proposed amendments will increase these annual licensing fees to $100.00. There are presently 230 licensed contractors (209 Electrical, 9 Elevator, 11 Mobile-home serviceman electrical and 1 Electrical handicapped accessibility lifts contractor) which will increase annual revenues by approximately $5,750.00. The addition of local amendments to allow existing freight elevators to be converted to passenger use could save building owners and developers thousands of dollars compared to the installation cost of new passenger elevator equipment. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance amending sections 19.08.070, 19.08.090, 19.08.095 and 19.16.070 of the code of the City of Wichita, Kansas and repealing the originals thereof; creating sections 19.28.010, 19.28.020, 19.28.030, 19.28.040, 19.28.050, 19.28.060, 19.28.070, 19.28.080, 19.28.090, 19.28.100 and 19.28.110; all pertaining to the electrical code of the City of Wichita, Kansas, introduced and under the rules laid over. FINANCIAL REPORT QUARTERLY FINANCIAL REPORT FOR THE PERIOD ENDED DECEMBER 31, 1997. Ray Trail Director of Finance reviewed the Item. The Financial Statement and tax revenues reflect a strong economy. Federal grant dollars for the safety initiative are beginning to fade. The strong statement allows for absorption of the increased cost and deferral of a tax increase for a while. Revenues, fines, and penalties from Municipal Court are up. The increase in revenue reflects administrative changes made in terms of improving the process, enforcement, and other improvements. The State Office Building project is being managed well and under budget by the Public Works Building Department. The project is a strong success. The Pension funds have had double digit increase in value. The City of Wichita is the only entity with a Certified Investment Program. The Debt Service Fund is in better condition than expected. Mayor Knight Mayor Knight stated that the likelihood of the Mayor supporting a tax in crease in 1999 is virtually non-existent. Council Member Ferris momentarily absent. Council Member Rogers Council Member Rogers requested a list of projects not funded from the Stormwater Utility as a result of reducing the Stormwater Fee two to three years ago. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. ADDENDUM ITEM 8A HYATT HOTEL CORRECTIVE AMENDMENT TO GENERAL OPERATING FINANCING AUTHORITY PERTAINING TO THE HYATT HOTEL AND ASSOCIATED FACILITIES. Gary Rebenstorf Director of Law reviewed the Item. Agenda Report No. 98-106. In February of 1997, the City Council adopted Resolution R- 97-035, which was intended to clarify that bonding authority set forth in Section 1, 2 and 3 of Ordinance No. 42-980, relating to the Hyatt Hotel and the associated parking garage and meeting rooms, was exclusive of the costs of temporary financing. At the time, an attempt was made to repeal Ordinance 42- 980, which would have left Resolution R-97-035 as the Council action speaking to the costs of these projects eligible for bond financing. Due to an error in tracking one digit of the Ordinance No. for 42-980, the attempt to repeal referenced another Ordinance and left 42-980 standing, with the result that Ordinance No. 42-980 and Resolution R-97-035 were both left in place, with slightly different terms concerning the extent of costs eligible for bonding. The City's Bond Counsel has asked that the pertinent sections of Ordinance No. 42-980 be amended to conform them to the Resolution R-97-035, making it clear under both documents that the numbers expressed as limits on costs eligible for financing are exclusive of temporary financing costs. The requested amendment would eliminate any possible issue as to whether the difference between the terms of Resolution R-97-035 and Ordinance No. 42-980 results in any problem in the bonding authority intended to be established under these two Council actions. Emergency action is appropriate because it will allow for publication and effectiveness of the corrective amendment, and its submission as part of the transcript material sent to the Kansas Attorney General's Office, in a time frame consistent with the scheduled closing of the City's winter bond and note sale. Emergency passage of the amendment will facilitate the scheduled closing on the City's winter bond and note sale, and is in the financial interests of the City. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Declaration of Emergency be approved and the Mayor be authorized to sign; and the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion -- carried carried 7 to 0. ORDINANCE NO. 43-692 An Ordinance of the City of Wichita, Kansas, amending and repealing Sections 1, 2, and 3 of Ordinance No. 42-980, which amended and repealed Sections 5, 6, and 7 of Ordinance No. 42-767, authorizing the issuance of bonds by the City of Wichita, Kansas, at large for public improvements for a hotel with meeting rooms and an adjoining parking garage. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. 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) Commission on the Status of People with Disabilities (4 appointments - Cole, Kamen, Knight - 2) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (2 appointments - Kamen, Lambke) Motion -- Rogers appointed Carolyn Ware (Women) and moved that the appointment be approved. -- carried Motion carried 7 to 0. APPOINTMENT TO GRANTS REVIEW COMMITTEE. Motion -- Knight appointed Bill Callaway, Thorn America, and moved that the appointment be -- carried approved. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 26, 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 FEBRUARY 9, 1998. At 10:00 a.m., Friday, February 6, 1998, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes February 9, 1998) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Intersection Modifications at Mid Continent Road and Taft (south of Maple at Ridge Road). (472-81897/760330/490-135) Traffic to be maintained through construction using flagpersons and barricades. (Council approval 12-19-89) (District V) Barkley Construction - $133,246.25 (Corrected Total) Lateral 388, Southwest Interceptor Sewer to serve Unplatted Tract (north of 55th Street South, west of Meridian). (468-82790/743344/480-425) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-9-97) (District IV WB Carter Construction Co., Inc. - $10,812.00 Lateral 36, Main 15, Southwest Interceptor Sewer to serve Barrington Second Addition (south of 21st Street, west of Ridge Road). (468- 82781/743328/480423) Does not affect existing traffic. (Council approval date 10- 28-97) (District V) WB Carter Construction Co., Inc. - $29,181.00 (Negotiated to Engineer's Estimate) Lateral 321, Southwest Interceptor Sewer to serve Wheatland Addition (south of MacArthur, west of Hoover). (468-82291/743336/480424) Does not affect existing traffic. (Council approval date 4-6-93) (District n/a) Mies Construction Co., Inc. - $25,000.00 Lateral 347, Southwest Interceptor Sewer to serve Prairie Woods Addition (north of Pawnee, east of Maize). (468-82464/743351/480426) Does not affect existing traffic. (Council approval date 3-21-95) (District V) Mies Construction Co., Inc. - $39,900.00 Water Distribution System to serve Wheatland Addition (south of MacArthur, west of Hoover). (448-88692/734251/470503) Does not affect existing traffic. (Council approval date 4-6-93) (District n/a) WBW Contractors - $21,599.00 Water Distribution System to serve Prairie Woods Addition (north of Pawnee, east of Maize. (448-88903/734269/470504) Does not affect existing traffic. (Council approval date 3-21-95) (District V) WBW Contractors - $10,685.00 Red Brush/Paddock Green from the south line of Wilson Estates Parkway to the north line of Reserve "V"' Red Brush Court from the east line of Red Brush to and including the cul-de-sac, serving Lots 3 through 15, Block 4' Paddock Green Court from the east line of Paddock Green to and including the cul-de-sac, serving Lots 1 through 5, Block 9' Paddock Green Court from the east line of Paddock Green to and including the cul-de-sac serving Lots 6 through 31, Block 9, and' Sidewalk on the east, north and west sides of Red Brush/Paddock Green from the south line of Wilson Estates Parkway to the north line of Reserve "V" to serve Wilson Farms Addition (South of 21st Street, east of Rock Road). (472-82844/764456/490548) Does not affect existing traffic (Council approval date 7-1-97) (District II) Cornejo & Sons - $298,817.50 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS MAINTENANCE DIVISION: Asbestos Abatement & Demolition (791889) G & G Dozer & Equipment - $16,260.00 (Total net bid) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS MAINTENANCE DIVISION: Underground Fuel Storage Tanks (132225) Ray's Petroleum Equipment, Inc. $48,635.00 (Total Net Base Bid) Add Alternate No. 1, Lump Sum - $9,320.00 Add Alternate No. 2, Lump Sum - $2,595.00 POLICE DEPARTMENT/TRAINING DIVISION/Uniform Boots (083600) Vanderbilt's - $97.88 (Cost per pair) 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. LICENSES LICENSE RENEWAL Robert Floyd Kellogg Gift Shop Inc.6143 West Kellogg dba Priscilla's Motion -- Knight moved that the license be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1998 Repair of Condemned Sidewalk & Wheelchair Ramps, Phase I (various locations). (132100/112-000) Does not affect existing traffic. (Council approval date 8-12-97) (District All) b. 1998 Contract Maintenance Preparatory Curb & Gutter Repair and Miscellaneous Concrete Repair, Phase I (at various locations). (132258/112-000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-16-97) (District All) c. 1998 Contract Maintenance Heater Scarification (Surface Rejuvenation) (at various locations). (/132266/621326/112-000/533-243) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-16-97) (Districts I, II, III, V & VI) d. Vest Pocket Park (south side of Douglas, between Market & Broadway). (472-82881/791848/435-213) Does not affect existing traffic. (Council approval date 5-20-97) (District VI) e. 1997 Main Replacement Program - Group 2; Linwood (south of Kellogg, either side of Hydraulic). (448-89195/634816/544-136) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-6-9) (Districts I & III) f. Wildwood from St. Paul to Richmond to serve Builders Fourteenth Addition (west of Seneca, north of 31st Street South). (472- 82862/764548/490-557) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 9-9-97) (District IV) g. St. Paul from the north line of Wildwood to the north line of 27th Street South to serve Builders Fourteenth Addition (west of Seneca, north of 31st Street South). (472-72767/764621/490-565) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 10- 21-98) (District IV) h. Sidewalk on the south side of 33rd Street South between Handley and Osage to serve Brentwood Addition (east of Seneca, south of 31st Street South). (472-82892/764720/490-574) Does not affect existing traffic. (Council approval date 12-16-97) (District IV) 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., February 20, 1998. Motion carried 7 to 0. i. Northwest Transmission Water Line - Phase 2a (north of Central, west of McLean). (448-88894/632208/544-510) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-6- 98) (Districts V & 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., February 27, 1998. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Northridge Lakes Addition (east of Tyler, north of 21st Street North. (448-88936/734301/470508) Does not affect existing traffic.. (Council approval date 7-25-95) (District 5) b. Water Distribution System to serve Northridge Lakes Addition (east of Tyler, south of 29th Street North). (448-89223/734319/470509) Does not affect existing traffic.. (Council approval date 12-9-97) (District 5) c. Lateral 93, Sanitary Sewer #23 to serve Moorings North Addition (west of Meridian, south of 53rd Street North). (468- 82777/743310/480422) Does not affect existing traffic. (Council approval date 10- 28-97) (District 6) d. Lateral 129, Westlink Sewer to serve Huntington Park Addition (south of 13th Street North, west of Maize Road). (468- 82792/743369/480427) Does not affect existing traffic. (Council approval date 12- 9-97) (District 5) e. Water Distribution System to serve Huntington Park Addition (South of 13th, west of Maize. (448-89230/734277/470505) Does not affect existing traffic. (Council approval date 12-9-97) (District 5) f. Twenty-ninth Street North from the west line of Topaz Circle to the west line of Pepper Ridge to serve Oak Ridge 2nd Addition (north of 29th Street North, east of Tyler). (472-82836/82882/764449/706630/490547/405217) 29th shall be closed for through traffic. (Council approval date 7-15-97/11-18- 97) (District 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., February 20, 1998. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. University Court to serve University Court Third Addition (north of University, west of Leonine). (472-82737/763847/490-487) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7-2-96) (District IV) - $55,350.00 b. Newell from Sheridan to Mt. Carmel (south of Central, east of West Street). (472-82790/764159/490-518) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-14-96) (District IV) - $46,550.00 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. CPO Northeast Council 1, 1-26-98 CPO East Council 2, 1-26-98 CPO Northwest Council 5, 1-28-98 CPO North Central Council 6, 1-28-98 Metropolitan Area Planning Commission, 12-18-98 Wichita Public Library, 1-20-98 Wichita-Sedgwick Emergency Communications Advisory Board, 1- 15-98 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. DESIGN AGREEMENT AGREEMENT FOR DESIGN SERVICES FOR HUNTINGTON PARK ADDITION. (District V) Agenda Report No. 98-091 The City Council approved the Huntington Park Addition plat on December 9, 1997. The proposed Agreement between the City and Baughman Company provides for the design of Lateral 129, Westlink Sewer; Water Distribution System Number 448-89230; paving Maize Court and sidewalk; and permanent left turn bay (south of 13th, west of Maize). Because Baughman Company provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis of $18,300 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. LEGAL AGREEMENT AMEND. AMENDMENT TO AGREEMENT WITH EDWARD J. HEATH JR. FOR LEGAL SERVICES. Agenda Report No. 98-092 The City has retained Edward J. Heath, Jr. to provide legal services in connection with workers compensation claims and litigation, and related assignments. The original contract in November 1996 provided for compensation not to exceed $60,000. It has become necessary to spend additional sums to continue the representation of the City in this matter and to extend the term of the contract through December 31, 1998. This will be the first amendment to the original contract. The additional sum covered by the Amendment is $60,000.00 as necessary to continue to represent the City in workers compensation matters, for a second year. The charges are reasonable in amount for the legal services involved. Payment will be from the Workers Compensation Fund. The appropriate means to approve the additional payment is an Amendment to the original contract, raising the expenditure limit and extending the time for the services to be provided. Motion -- Knight moved that the Agreement Amendment be approved and the Mayor be authorized -- carried to execute. Motion carried 7 to 0. LEWIS STREET BRIDGE CHANGE ORDER FOR LEWIS STREET BRIDGE. (District VI) Agenda Report No. 98-093 On February 11, 1997, the City Council approved a project to replace the Lewis Street Bridge over the Arkansas River. Work on the new bridge began shortly thereafter. Part of the work required steel piles to be driven through the river bed to support the bridge structure. Softer than expected soil conditions were encountered, which required additional piling lengths to meet the necessary load bearing capacity. The cost of the additional work is $25,669. The funding source is General Obligation Bonds. Funding is available in the project budget. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. PROFESSIONAL SERVICES PROFESSIONAL SERVICES CONTRACT. Agenda Report No. 98-094 Assistance is required on a number of projects, including but not limited to, the downtown park, City Arts facility, railroad issues, and other such services. Most of the projects are small and do not necessarily fit the established consultant selection process used for major construction projects. Staff utilized the firm of Gossen-Livingston on the projects, in a limited fashion in 1997, and would want to complete the tasks through an extended budget. The General Fund Contingency Account would fund the services in an amount not to exceed $25,000. Motion -- Knight moved that the extension of services in an amount not to exceed $25,000 be -- carried approved. Motion carried 7 to 0. CONSULTANT CONTRACTS CONSULTANT CONTRACTS FOR HISTORIC PRESERVATION PROJECTS. Agenda Report No. 98-095. The Historic Preservation Office of the Metropolitan Area Planning Department was awarded a grant from the Kansas State Historical Society's Historic Preservation Fund grant program. This federally-funded program finances activities across the state that will contribute to planning for the preservation of the built environment and archaeological resources. Proposals were solicited for: 1. Design Review Guidelines draft document for Old Town, and a Design Principles draft document for the College Hill area; 2. The continuation of an Historic Resources Survey project in Old Town. The Staff Screening and Selection Committee has approved the selection of Winter & Company for the Design Review Guidelines project; and Terry Ward for the Historic Resources Survey project. Consultants will be paid from a Kansas Sate Historical Society's Historic Preservation Fund grant. MAPD will provide a local match to the grant through staff hours. The total amount of the Contracts is $20,675. Motion -- Knight moved that the Contracts be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. TRANSIT ADVISORY BOARD WICHITA TRANSIT ADVISORY BOARD BYLAWS. Agenda Report No. 98-096 The ordinance changing the MTA from an administrative to advisory board was approved by the City Council on March 25, 1997. In September of 1997, the City Council adopted an ordinance that named the advisory board as Wichita Transit Advisory Board and necessitates changing the advisory board bylaws. Motion -- Knight moved that the Wichita Transit Advisory Board Bylaws be approved. Motion -- carried carried 7 to 0. IRB - MULTIMEDIA ASSIGNMENT OF IRB LEASES AND REPLACEMENT OF TRUSTEE (MULTIMEDIA SECURITY). (District VI) Agenda Report No. 98-097 In December 1994, the City of Wichita issued industrial revenue bonds, Series XIX, 1994, in the principal amount of $4.2 million, for the purpose of financing the acquisition and renovation costs of the Multimedia Security Service headquarters building located at Rock Island and Waterman in the Old Town section of downtown Wichita. The Multimedia Security Service business is being acquired by Protection One Monitoring, Inc. As part of the acquisition of Multimedia's assets by Protection One, the parties desire to assign the Lease and Site Lease to Protection One. Protection One Monitoring is a wholly-owned subsidiary of Western Resources, based in Los Angeles, California. With the acquisition of Multimedia Security, Protection One will become the second largest provider of home and business security monitoring in the United States. Protection One plans to continue to use the existing Wichita facility and employees to carry out electronic security monitoring operations. They also hope eventually to expand the facility and employment in Wichita. As part of the overall financing package for the acquisition of Multimedia Security, Protection One intends to assume the industrial revenue bond obligations by taking an assignment of the bond-related leases. Under the bond documents for the Series XIX, 1994 Bonds, the City's consent is required before the leases can be assigned. Under the acquisition plan, Protection One will also acquire ownership of the Series XIX, 1994 Bonds which were originally purchased by Multimedia and then later conveyed to Gannett International Communications when that company acquired the assets of Multimedia. Protection One has also requested that the trusteeship for the Series XIX, 1994 be transferred to Intrust Bank of Wichita. The trusteeship had previously been transferred to FMB Trust Company of Baltimore, Maryland at the time that Gannett acquired Multimedia. There is no cost to the City caused by the requested action. Motion -- Knight moved that the Resolution approving the Assignment of Lease and Assignment of Site Lease and approving the replacement of Trustee be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-021 A Resolution approving the assignment of lease by and between Multimedia Security Service, Inc., a South Carolina Corporation and protection One Alarm Monitoring, Inc., a Delaware Corporation and the assignment of lease by and between Multimedia Security Service, Inc., a South Carolina Corporation and Protection One Alarm Monitoring, Inc., a Delaware Corporation, executed in connection with the issuance of the City's Taxable Industrial Revenue Bonds, Series XIX, 1994 (Multimedia Security Service, Inc.), dated December 1, 1994, in the aggregate principal amount of $4,200,000, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-021A A Resolution of the Governing Body of the City of Wichita, Kansas, acknowledging the removal of FMB Trust Company N.A., successor Trust to Bank IV N.A., as trustee under a certain trust indenture entered into as of December 1, 1994, between the City and said bank as successor trustee to Bank IV N.A., and appointing Intrust Bank N.A., Wichita, Kansas, as successor trustee, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. IRB - MULTIMEDIA IRB PURCHASE OPTION (MULTIMEDIA CABLEVISION). (District VI) Agenda Item No. 98-098 In December of 1983 and December of 1984 and February of 1986, the Wichita City Council approved the issuance of Industrial Revenue Bonds, Series XII, 1983 in the amount of $1,000,000; Series XIV, 1984 in the amount of $1,500,000 to Multimedia, Inc. to finance the acquisition and renovation of the Union Station properties and other adjacent properties to be leased to and operated by Multimedia, Inc. Under the provisions of Article XVII, Sections 17.1 of the Lease Agreements for the bond issues, Multimedia has the option, if all outstanding bonds have been paid, to purchase the facility from the City of Wichita for the sum of $100 for each of the bond issues. The City of Wichita on February 3, 1998, received documents from Hinkle, Eberhart and Elkouri for Multimedia to exercise its option to purchase the facility. Under the terms of the Lease, the City is required to convey the real property and facility securing the IRB issue to the Tenant, once the Tenant has paid the purchase price and other considerations as listed under the provisions of the Lease Agreement, including the payment of all outstanding bonds. The purchase price is $100 and other considerations as listed under the provision of the Lease Agreement to redeem and retire all outstanding bonds. This price includes without limitations, principal, interest, redemption premium, and all other expenses of redemption, and trustee fees, but after the deduction of any amounts described and provided for in the Lease Agreement and available for such redemption. Motion -- Knight moved that the Resolutions approving the Termination and Release of Lease Agreements, Termination of Financing Statements, Special Warranty Deeds, and all such other Documents necessary to convey title be adopted. Motion carried -- carried 7 to 0. RESOLUTION NO. R-98-022 A A Resolution authorizing the City of Wichita, Kansas to convey title to the property acquired, constructed, and installed with the proceeds of its Industrial Revenue Bonds, Series XII, 1983 (Multimedia, Inc.) to Multimedia, Inc.; authorizing execution of a special warranty deed, bill of sale, and termination and release of lease; and authorizing the execution of all such other documents necessary to convey title to such property to Multimedia, Inc., presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight RESOLUTION NO. R-98-022 B A Resolution authorizing the City of Wichita, Kansas to convey title to the property acquired, constructed, and installed with the proceeds of its Industrial Revenue Bonds, Series XIV, 1984 (Multimedia, Inc.) to Multimedia, Inc.; authorizing execution of a special warranty deed, bill of sale, and termination and release of lease; and authorizing the execution of all such other documents necessary to convey title to such property to Multimedia, Inc., presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight BRIDGEPORT REDEVELOPER DESIGNATION OF REDEVELOPER FOR LOT 6, BLOCK 2, BRIDGEPORT INDUSTRIAL PARK I (Item No. 26) ADDITION. (District VI) Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-099 The City of Wichita, in the late 1970's determined that there was insufficient heavy industrial land available for development within the Wichita city limits. Responding to this need, the City purchased property in the North Industrial Corridor through the Urban Renewal Act and redeveloped the area with new utility lines and streets into the Bridgeport Industrial Park Phases I, II and II. Piping and Equipment Co., Inc. (P&E), a Wichita business since 1946, presently is located at 3505 N. Topeka. P&E is the largest commercial mechanical contractor in the City. They P&E build powerplants, generating plants, refineries, chemical plants and provide commercial mechanical services for light industry. They have a 4,200 sq. ft. office building next to their existing fabrication shop and lease the All RV Products facility for additional offices and fabrication shops, storage, and yard area. In December of 1996 the City Council approved the sale of Lots 4 & 5 in Bridgeport I for future expansion and fenced outside storage. These lots are immediately across Topeka from P&E's main facility. P&E has offered to purchase Lot 6, Block 2, Bridgeport Industrial Park I for $146,800 ($.74 per square foot) plus remaining specials totaling approximately $.229 per square foot. This lot is immediately east of Lots 4 & 5 which they have previously acquired from the City. This parcel contains approximately 198,380 square feet (4.55 acres). There is a broker involved in the transaction and a six percent commission will be owed on the sale. P&E is requesting the the City indemnify them against existing environmental problems. They are not requesting any tax abatement/exemption in conjunction with this sale. P&E proposes to fence the area and use it for storage of most of the company's vehicles and equipment. In the future P&E proposes to con- struct a larger and more modern fabrication shop on the Bridgeport I site. P&E's employment averages 175 people that provide over $9 million dollars in wages annually. The sale price of $146,800 equates to $.74 per square foot and P&E agrees to pay remaining specials of $.229 per square foot ($45,429.02) over the remaining term of the specials. The price per square foot, including specials, is $.97 per square foot which equals the list price for this lot. The funds from the sale will be used to pay the City's cost of selling, advertising, and closing expenses on the property. Surplus funds will be used in the City's CDBG program in accordance with URA requirements. Motion -- Kamen moved that Piping and Equipment Co., Inc. as the redeveloper; the Real Estate Purchase Contract and Indemnification Agreement be approved; and the -- carried Mayor be authorized to sign the necessary documents. Motion carried 7 to 0. BAKER STREET RESOLUTION SETTING A PUBLIC HEARING: BAKER STREET IMPROVEMENTS FROM 11TH TO 13TH STREET. (District V) Agenda Report No. 98-100 On February 3, 1998, the City Council considered a Petition to pave Baker Street, from 11th to 13th Street. The Council deferred action of the project for three weeks in order to hold a public hearing on an expanded improvement district. In compliance with State Statutes, a new Resolution has been prepared which orders a public hearing on February 24, 1998. The Resolution does not authorize the project - it only establishes the date of public hearing. The estimated project cost is $185,000, with $6,000 paid by the City and $179,000 assessed to the improvement district. The estimated assessment rate to individual properties is $00.23 per square foot of ownership. The City share is for the cost of intersection construction. State Statutes authorize the City Council to order in the paving as a connecting street. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-98-023 A Resolution directing and ordering a public hearing on the Advisability of an Improvement, 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 February 3, 1998) a. Declaring 21st North (Webb Road to 1/2 Mile East of Webb Road). (District II) ORDINANCE NO. 43-693 An Ordinance declaring 21st Street North, from Webb Road to 1/2 mile east of Webb Road (472-82886) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. Ad Valorem Tax Exemption - Eck & Eck Machine Co., Inc. (District IV) ORDINANCE NO. 43-694 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 Eck & Eck Machine Co., Inc., so exempted, 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. Child Passenger Safety Act. ORDINANCE NO. 43-695 An Ordinance amending Section 11.38.370 of the City of Wichita, Kansas, pertaining to the Child Passenger Safety Act and repealing the original of said Section, 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. d. Declaring Meridian (Maple to Central). (Districts IV and VI) ORDINANCE NO. 43-696 An Ordinance declaring Meridian, from Maple to Central Avenue (472-82740) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. e. Zone Change - Z-3239 Located on the North Side of MacArthur, East of Broadway. ORDINANCE NO. 43-697 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-3239 f. Annexation A 97-12 - Northeast Corner of Greenwich Road and 21st Street North. ORDINANCE NO. 43-698 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-97-12 g. Annexation A 98-5 - North of Central, East of Greenwich Road. ORDINANCE NO. 43-699 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-98-5 PLANNING AGENDA Marvin Krout Director of Planning stated that Items 29 through 32 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 29 through 32 be approved as consensus -- carried Items. Motion carried 7 to 0. S/D 97-37 S/D 97-37 - PLAT OF LINDSAY'S ORCHARD ADDITION LOCATED ON THE WEST SIDE OF MAIZE (Item No. 29) ROAD, NORTH OF PAWNEE. (District V) Agenda Report No. 98-101 MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This site is located in the City and will be served by City water and sanitary sewer. This plat consists of 88 lots zoned SF-6, Single-Family Residential. Petitions, 100%, have been submitted for sanitary sewer, paving and water main improvements. A Certificate of Petitions has also been submitted. To provide for off-street parking for lots adjacent to narrow streets, a covenant has also been submitted requiring that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petitions and Restrictive Covenant from Rick Thompson Construction. WATER 100 Percent Petition for construction of Water Distribution System Number 448-89235 (north of Pawnee, west of Maize Road) ($166,000 S.A.) SEWER 100 Percent Petition for construction of Lateral 20, Main 13, Southwest Interceptor Sewer (north of Pawnee, west of Maize Road) Project No. 468-82809 ($271,000 S.A.) PAVING 100 Percent Petition for improving of Rita, from the east line of Lark to the west line of Stony Point Lane; Rita Court, from the north line of Rita to and including cul-de-sac; Rita Court, from the south line of Rita to and including cul-de-sac; Stony Point Lane/Jewell, from the south line of Rita to the east line of Rita; Stony Point Circle, from the south line of Rita to and including cul-de- sac; Jewell Court, from the south line of Jewell to and Including cul-de-sac; Jewell Circle, from the east line of Rita to and including cul-de-sac; Rita, from the south line of Jewell to the west line of Maize Road; and Rita Court, from the south line of Rita to and including cul-de-sac. Project No. 472-82908 (north of Pawnee, west of Maize Road) ($507,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-98-024 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89235 (north of Pawnee, west of Maize 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-98-025 Resolution of findings of advisability and Resolution authorizing construction of Lateral 20, Main 13, Southwest Interceptor Sewer (north of Pawnee, west of Maize Road) Project No. 468-82809 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-98-026 Resolution of findings of advisability and Resolution authorizing improving of Rita, from the east line of Lark to the west line of Stony Point Lane; Rita Court, from the north line of Rita to and including cul- de-sac; Rita Court, from the south line of Rita to and including cul-de-sac; Stony Point Lane/Jewell, from the south line of Rita to the east line of Rita; Stony Point Circle, from the south line of Rita to and including cul-de-sac; Jewell Court, from the south line of Jewell to and Including cul-de-sac; Jewell Circle, from the east line of Rita to and including cul-de-sac; Rita, from the south line of Jewell to the west line of Maize Road; and Rita Court, from the south line of Rita to and including cul-de-sac. Project No. 472-82908 (north of Pawnee, west of Maize 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 97-56 S/D 97-56 - PLAT OF SHELLY'S ORCHARD ADDITION LOCATED ON THE EAST SIDE OF MAIZE (Item No. 30) ROAD, NORTH OF PAWNEE. (District V) Agenda Report No. 98-102 MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This site is located in the City and will be served by City water and sanitary sewer. This plat consists of 127 lots zoned SF-6, Single- Family Residential. Petitions, 100%, have been submitted for sanitary sewer, paving and water main improvements. A Certificate of Petitions has also been submitted. To provide for off-street parking for lots adjacent to narrow streets, a covenant has also been submitted requiring that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petitions, Restrictive Covenant from Rick Thompson Construction. WATER 100 Percent Petition for construction of water distribution system number 448-89236 (north of Pawnee, east of Maize Road) ($46,800 S.A.; $43,200 Utility Improvement Fund) 100 Percent Petition for construction of water distribution system number 448-89237 (north of Pawnee, east of Maize Road) ($243,000 S.A.) SEWER 100 Percent Petition for construction of Lateral 390, Southwest Interceptor (north of Pawnee, east of Maize Road) 468-82810 ($318,000 S.A.) PAVING 100 Percent Petition for improving of Rita from the east line of Maize Road to the south line of Jewell; Jewell Circle from the west line of Rita to and including cul-de-sac; Jewell from the east line of Rita to the east line of Crestline; Jewell Circle from the east line Crestline to and including cul-de-sac; Crestline from the south line of Jewell to the north line of Lydia; Crestline Court from the west line of Crestline to and including cul-de-sac; Lotus from the east line maize road to the south line Lydia: Lotus Court from the south line of lotus to and including cul-de-sac (Lots 76-80, Block 1); Lotus Court from the south line of Lotus to and including cul-de-sac (lots 6-75, Block 1, Lydia from the west line of Lotus to the west line of Lydia Court; Lydia Circle from the west line of Lotus to and including cul-de-sac; Lydia Court from the north line of Lydia to and including cul-de-sac (lots 34-45, Block 1) and Lydia Court from the south line of Lydia to and including cul-de-sac (lots 47-54, Block 1) 472-82909 (north of Pawnee, east of Maize Road) ($788,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-98-027 Resolution of findings of advisability and Resolution authorizing construction of water distribution system number 448-89236 (north of Pawnee, east of Maize 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-98-028 Resolution of findings of advisability and Resolution authorizing construction of water distribution system number 448-89237 (north of Pawnee, east of Maize 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-98-029 Resolution of findings of advisability and Resolution authorizing construction of Lateral 390, Southwest Interceptor (north of Pawnee, east of Maize Road) 468-82810 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-98-030 Resolution of findings of advisability and Resolution authorizing improving of Rita from the east line of Maize Road to the south line of Jewell; Jewell Circle from the west line of Rita to and including cul-de-sac; Jewell from the east line of Rita to the east line of Crestline; Jewell Circle from the east line Crestline to and including cul-de-sac; Crestline from the south line of Jewell to the north line of Lydia; Crestline Court from the west line of Crestline to and including cul-de-sac; Lotus from the east line maize road to the south line Lydia: Lotus Court from the south line of lotus to and including cul-de-sac (Lots 76-80, Block 1); Lotus Court from the south line of Lotus to and including cul-de-sac (lots 6-75, Block 1, Lydia from the west line of Lotus to the west line of Lydia Court; Lydia Circle from the west line of Lotus to and including cul-de-sac; Lydia Court from the north line of Lydia to and including cul-de-sac (lots 34-45, Block 1) and Lydia Court from the south line of Lydia to and including cul-de-sac (lots 47-54, Block 1) 472-82909 (north of Pawnee, east of Maize 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 97-62 S/D 97-62 - PLAT OF ROCKY CREEK SECOND ADDITION LOCATED NORTH OF 13TH STREET (Item No. 31) NORTH AND EAST OF 127TH STREET EAST. (District II) Agenda Report No. 98-103 MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This site is a replat of a portion of the plat approved in 1996 and was recently annexed to the City. A petition, 100%, has been submitted for municipal water improvements. The site will use the County's Four Mile Creek sanitary sewer system. In order to provide for the ownership and maintenance of the Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking for lots adjacent to narrow streets, a covenant has been submitted requiring that four (4) off-street spaces be provided for each lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petition and Restrictive Covenants from Rob Ramseyer, Ritchie Associates, Inc. WATER 100 Percent Petition for Construction of water distribution system Number 448-89096 (north of 13th Street, east of 172nd Street East) ($95,000 S.A.) 100 Percent Petition for Construction of water distribution system Number 448-89120 (north of 13th Street, east of 127th Street East) ($64,000 S.A) 100 Percent Petition for construction of water distribution system Number 448-89163 (north of 13th Street, east of 127th Street East) ($74,700 S.A.) 100 Percent Petition for construction of water distribution system Number 448-89164 (north of 13th Street, east of 127th Street East( ($50,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-98-031 Resolution of findings of advisability and Resolution authorizing Construction of water distribution system Number 448-89096 (north of 13th Street, east of 172nd Street East) 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-98-032 Resolution of findings of advisability and Resolution authorizing Construction of water distribution system Number 448-89120 (north of 13th Street, east of 127th Street East) 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-98-033 Resolution of findings of advisability and Resolution authorizing construction of water distribution system Number 448-89163 (north of 13th Street, east of 127th Street East) 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-98-034 Resolution of findings of advisability and Resolution authorizing construction of water distribution system Number 448-89164 (north of 13th Street, east of 127th Street East) 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 97-84 S/D 97-84 - PLAT OF AUBURN HILLS FIFTH ADDITION LOCATED ON THE EAST SIDE OF 151ST (Item No. 31) STREET WEST, NORTH OF KELLOGG DRIVE. (District V) Agenda Report No. 98-104 MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. Certificate of Petitions; Restrictive Covenants; Temporary Cul-de-sac Dedication in SW 1/4 S26 TWP 27 S R2W, beginning at N corner Lot 46, Block D, metes and bounds to east corner of Lot 1, Block B, in Auburn Hills Fifth Addition; and Utility Easement from BERM, LLC by Jay W. Russell for utilities on part SW 1/4 S26 TWP 27s R2W beginning at SE corner Lot 11, Block A, Auburn Hills Fifth Addition - along Reserve G, along Lot 1, Block B. WATER 100 Percent Petition for construction of water distribution system Number 448-89233 (north of Kellogg, east of 151st Street West) ($122,000 S.A.) 100 Percent Petition for construction of water distribution system Number 448-89234 (north of Kellogg, east of 151st Street West) ($323,000 S.A.) SEWER 100 Percent Petition for construction of Lateral 15, Cowskin Interceptor Sewer (north of Kellogg, east of 151st Street West) Project Number 468-82806 ($609,000 S.A.) STORM SEWER 100 Percent Petition for construction of Storm Water Sewer No. 497 (north of Kellogg, east of 151st Street West) Project Number 468-82807 ($499,000 S.A.) PAVING 100 Percent Petition for improving of Moscelyn from the east line of Threewood, east to the east line of the Plat; on Threewood, from 151st Street West, east and south to the north line of Lynndale; on Lynndale, from the west line of the Plat, east and south to the north line of Sandwedge; on Fivewood, from the south line of Lynndale, east to the east line of Sandwedge, on Sandwedge, from the north line of Fivewood, east to the south line of Fawnwood; and on Fawnwood from the east line of Sandwedge, north to the north line of the Plat. Fivewood Court (Lots 4 through 8, Block D) from the south side of Fivewood, south to and including the cul-de-sac; on Fivewood Court (Lots 10 through 13, Block D) from the south side of Fivewood, south and including the cul-de-sac; on Fivewood Circle from the east side of Sandwedge, east to and including the cul-de-sac; on Sandwedge Court from the north line of Sandwedge, west to and including the cul- de-sac; on Sandwedge Circle from the east line of Fawnwood, south to and including the cul-de-sac; and on Fawnwood Court, from the west line of Fawnwood, west to and including the cul-de-sac. Sidewalk along the south side of Moscelyn, the east side of Threewood, the north side of Lynndale, the north side of Fivewood, the north side of Sandwedge and the east side of Fawnwood. Project No. 472-82903 (north of Kellogg, east of 151st Street West) ($1,002,000 S.A.) 100 Percent Petition for improving of 151st Street West from the north line of U.S. Highway 54, north to the north line of Hendryx Project No. 472-82904 (north of Kellogg, east of 151st Street West ($181,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change SCZ-0759 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-98-035 Resolution of findings of advisability and Resolution authorizing construction of water distribution system Number 448-89233 (north of Kellogg, east of 151st Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-036 Resolution of findings of advisability and Resolution authorizing construction of water distribution system Number 448-89234 (north of Kellogg, east of 151st Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-037 Resolution of findings of advisability and Resolution authorizing construction of Lateral 15, Cowskin Interceptor Sewer (north of Kellogg, east of 151st Street West) Project Number 468-82806 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-98-038 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 497 (north of Kellogg, east of 151st Street West) Project Number 468-82807 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-98-039 Resolution of findings of advisability and Resolution authorizing improving of Moscelyn from the east line of Threewood, east to the east line of the Plat; on Threewood, from 151st Street West, east and south to the north line of Lynndale; on Lynndale, from the west line of the Plat, east and south to the north line of Sandwedge; on Fivewood, from the south line of Lynndale, east to the east line of Sandwedge, on Sandwedge, from the north line of Fivewood, east to the south line of Fawnwood; and on Fawnwood from the east line of Sandwedge, north to the north line of the Plat. Fivewood Court (Lots 4 through 8, Block D) from the south side of Fivewood, south to and including the cul-de-sac; on Fivewood Court (Lots 10 through 13, Block D) from the south side of Fivewood, south and including the cul-de-sac; on Fivewood Circle from the east side of Sandwedge, east to and including the cul-de-sac; on Sandwedge Court from the north line of Sandwedge, west to and including the cul-de-sac; on Sandwedge Circle from the east line of Fawnwood, south to and including the cul-de-sac; and on Fawnwood Court, from the west line of Fawnwood, west to and including the cul- de-sac. Sidewalk along the south side of Moscelyn, the east side of Threewood, the north side of Lynndale, the north side of Fivewood, the north side of Sandwedge and the east side of Fawnwood. Project No. 472-82903 (north of Kellogg, east of 151st Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-040 Resolution of findings of advisability and Resolution authorizing improving of 151st Street West from the north line of U.S. Highway 54, north to the north line of Hendryx Project No. 472-82904 (north of Kellogg, east of 151st 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. 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. SCZ-0759 DP-95/Z-3264 DP-95 - AMENDMENT #2 TO THE FANTASEA COMMERCIAL COMMUNITY UNIT PLAN; AND Z-3264 - REQUEST FOR ZONE CHANGE FROM "SF-6" SINGLE-FAMILY RESIDENTIAL TO "GC" GENERAL COMMERCIAL LOCATED SOUTH OF K-96, EAST OF WOODLAWN. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-105 MAPC Recommendation: Deny. CPO Recommendation: Deny. Staff Recommendation: Deny. The applicants propose to amend the Fantasea Commercial Community Unit Plan (DP-95), located south of K-96 and east of Woodlawn, in order to add approximately 8.1 unplatted acres into the existing 35.5 acre C.U.P, and revise the permitted use list and other conditions for the C.U.P. The portion of the application area to be added to DP-95 is currently approved as Parcels 1 through 4 of the Woodlawn Power Center Commercial Community Unit Plan (DP-228) and approved for "LC" Limited Commercial zoning (Z- 3229), subject to platting the property. Since platting has not been finalized for that tract, this application will seek to rezone that portion of the application area defined by Parcels 1 through 4 of DP-228 from "SF-6" Single- Family Residential to "GC" General Commercial. The amendment intends to revise the use list for the reconfigured Parcel "A" (23.3 acres located on the western portion of the site) to allow the following: Single-family, duplex, multi-family, group residence (general), assisted living, church or place of worship, convalescent care (general), day care (general), library, automatic teller machine, bank or financial institution, car wash (subject to conditions of the zoning code and limited to the west 400 feet of the parcel), communication tower (commercial, subject to conditions), construction sales and service (subject to conditions), convenience store (limited to the west 400 feet of the parcel), office (general), personal care service, personal improvement service, post office substation, printing and copying (limited), restaurant, retail (general), secondhand store, vehicle repair (general), and wholesale or business services. Also, the newly created Parcel "D" (14.4 acres located on the eastern portion of the site) will be include the following uses: Single- family, duplexes (at 14 dwelling units per acre), multi-family (at 75 dwelling units per acre), group residence (general), assisted living, and convalescent care (general). As proposed, Parcel "A" will permit 225,000 square feet of building coverage to be distributed among a maximum of 8 buildings. Parcel "D" could allow a maximum of approximately 400 multi-family units at 75 units per acre on the 5.4 acres not covered by lake and easements. The C.U.P. also provides various general provisions, including but not limited to the following: building setbacks, special lighting restrictions, sign restrictions, access controls, and screening requirements. Also submitted with the application were two site plans, one primary and one alternate. The primary site plan shows the closure of 32nd Street at 32nd Street Court, and the main entrance into Parcel "A" located approximately 100 feet to the north of the existing intersection. The entrance would be signalized, and include 5 lanes (two in and three out). There is a second access (right in and out only) to the parcel approximately 400 feet further to the north. The 129,996 square foot Home Depot use is shown at the northwest corner of Parcel "A" with and additional 94,600 square feet of future retail/commercial coverage. Property lines to the east and south include a 50 foot landscaped buffer strip with a 6 foot berm that narrows near the main entrance to 38 feet and includes a 4 foot tall berm. The alternate site plan shows the relocation of 32nd Street and would move the main entrance into Parcel "A" to a location approximately 400 feet east of the existing intersection. The intersection with Woodlawn would still be signalized, and still include 5 lanes. The property line to the east would retain the 50 foot landscaped buffer strip. Along the southern property line east of the main entrance, however, the buffer would be increased to 100 feet with no berming. The plan shows a 60 foot wide planting area south of the relocated street. The application area is bordered by K-96 to the north with additional commercial ("LC") property located north of the interchange. Property across Woodlawn to the west is zoned "SF-6" and is part of the Chisholm Creek Park. There is a day care center and school within Parcel B and C of DP-95, with a single-family subdivision located south of the site across 32nd Street North. There is a townhouse-style apartment development located east of the subject tract on property zoned "MF-18". During the Planning Commission meeting on January 15, 1998, questions concerning the applicant's traffic study and other elements of the staff report were discussed by several Commissioners and staff. The agent for the applicant described their proposal and addressed some of the statements made in the staff report dealing with intensity of the proposal. The agent also explained the various meetings his group had with all interested parties and the effort given in an attempt to address their concerns. Numerous area residents voiced their concerns over the potential traffic impacts this new use would have on 32nd Street and Woodlawn, the impact on Gammon Elementary, the loss in property value, and they also voiced their opinion that this change would be entirely out of character with the surrounding land uses. The neighborhood also disputed the claim that Fantasea was not an economically viable use. These comments had been voiced earlier that week, at a meeting of CPO Council 2, and that Council voted (8-1) to recommend denial. At the request of the applicants, there were two motions made over the course of the meeting, which both failed, to defer the case in order to address staff's and the area property owners' concerns. After discussion, the MAPC voted (6-2) to deny the request, citing staff's findings. Since the MAPC hearing, the applicants have developed a new concept for this site. The new concept includes the Home Depot store, and another small "pad" site, on the western 11± acres of the application area, and retains the Fantasea water park, with reconfigured parking, on the balance of the land. The applicants' agent summarized this new proposal at the subsequent MAPC meeting, suggesting that this new proposal go back through the hearing process. The MAPC, with the endorsement of the Planning staff, voted (7-0, with 1 abstention) to recommend to the City Council that the revised proposal be returned to the MAPC and CPO(2) for reconsideration. Council Member Kamen Council Member Kamen said that, in light of the new concept, he felt there was not much choice except to send this back to the CPO and MAPC. Motion -- Kamen moved that, in light of the new plan submitted by the applicant, this Item be returned to the MAPC and CPO 2; and that the Traffic Commission be advised of the change in concept. Mayor Knight Mayor Knight stated that he did not believe it was the then City Commission's intent to see commercial or retail on this site when DP-95 was first approved in 1979. The change ought to be denied as it does not fit the plans for the area. The desire is to keep this area as residential as possible. Council Member Rogers Council Member Rogers said he thought there was enough new information to warrant sending this back to the MAPC and CPO. Council Member Lambke Council Member Lambke stated that of all correspondence he had received on this matter, one-half of those who protested objected because they would lose Fantasea. It is logical to send the matter back to the MAPC and CPO. Council Member Ferris Council Member Ferris said the Council should be talking about land use, commercial ventures of certain size, and neighborhood feelings. With the radical changes that have been made, the matter should be returned to the MAPC and CPO. -- carried Motion carried 6 to 1. Knight - No. 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 potential litigation, legal advice, contract negotiations, preliminary discussions relating to the acquisition of real property for public purposes, and confidential data; and the regular meeting be -- carried resumed at 12:30 p.m. in the City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 11:12 a.m. and reconvened in regular session at 12:32 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 12:32 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 165 FEBRUARY 10, 1998 Page 1