MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, September 10, 1996 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Ferris, Gale, Kamen, Rogers; present. Cathy Holdeman, City Manager's Office; Ray Trail, Director of Finance; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Mark Brown, Native American - Sioux. 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 August 27, 1996, and the special -- carried meeting of August 29, 1996, were approved 7 to 0. AWARDS AND PRESENTATIONS RECOGNITION The Construction/Building Group from the New Independent States was recognized. SERVICE CITATIONS Mayor Knight presented Distinguished Service Citations to those present. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. PUBLIC AGENDA Mayor Knight left the Bench; Vice Mayor Cather in the Chair. COMMENTS BY RICHARD HARRIS. Mr. Harris was not present. UNFINISHED BUSINESS WATER CONTRACT AMEND. CONTRACT AMENDMENT - RURAL WATER DISTRICT #8. Cathy Holdeman City Manager's Office reviewed the Item. David Warren Director of Water and Sewer reviewed the provisions of the amendment. Agenda Report No. 96-686 A. Rural Water District #8 (RWD #8) is located in Butler County, south of Andover. Since 1981, the City has had a contract to provide potable water at wholesale to RWD #8. Under the existing terms of the contract 400 benefit units, or customer service connections, are allowed. This item originally appeared on the Agenda of August 20 but was deferred two weeks to allow the City of Andover and Rural Water District #8 to confer and work out mutually acceptable contract language governing provision of services to benefit units within the current boundaries of the District which might be annexed by either Andover or the City of Wichita. Officials of the City of Wichita, the City of Andover, and Rural Water District #8 have met and conferred on this issue and find the contract language embodied in the attached contract amendments to be acceptable. The RWD #8 Board of Directors is currently unable to provide water service to everyone living within its service area because of the limit of 400 water benefit units. The contract amendment would result in the following significant changes: ‘ Increases the number of allowable water benefit units to 800. ‘ Requires the District to install and maintain a testable backflow prevention device downstream of its metered connection to the City's system. ‘ Establishes a change in the minimum size of a qualifying benefit unit from 20 acres to 10 acres. A minimum 10 acre requirement for a benefit unit is consistent with similar City contracts with all other rural water districts. ‘ Allows the District to provide a benefit unit to a customer not otherwise meeting the requirements of the contract under hardship conditions (e.g. water well contamination or dry up), provided that a written application for a waiver is first approved by both the District's board and the City's governing body. ‘ Allows the District to provide a benefit unit up to 137 customers if they do not meet the minimum land area requirements, but existed on the proposed site prior to January 1, 1996 and the District's water distribution facilities passed within one-half (1/2) mile prior to January 1, 1996. ‘ Requires the District to pay the City a system equity fee of $6,420. ‘ Requires the District to implement a water conservation program. ‘ Requires the RWD, upon notice from the City, to institute in a timely manner for its customers any water restrictions imposed by the City on its own retail customers. ‘ Requires any new plumbing fixture(s) installed by District customers to be low water use type fixtures as required by the plumbing code of the City. ‘ Requires the District to take and pay for, or pay for as tendered, on an annual basis at least one-half of the yearly contract volume of water as specified in the Schedule of Projected Water Usage (Attachment A to the contract). The contract provisions which were added following original deferral of this item dealt with provision of services to current or future benefit units within the boundaries of the District which might be served via a water supply line(s) extended either by the City of Andover or the City of Wichita and which have been annexed by either of these parties. It is stated that customers(benefit units) may either choose to continue to be served by the District or may choose to be served by a supply line extended either by the City of Wichita or the City of Andover and that no compensation for lost revenues will be due the District in relation to the loss of these customers. However, benefit units thus abandoned may be reallocated within the District provided that the total number and size of benefit units as called for in the contract with Rural Water District #8 are not exceeded and if all other applicable provisions of the contract are complied with. Revenue generated in 1995 from RWD #8 was $20,267. Projected revenue from increasing the District's water benefit units from 400 to 800 would increase revenues an estimated 100%, for a total of $40,534. If the contract is not amended there is a risk that the City will experience a loss in revenue as the District may purchase water from another source. Note that there was also a three party "Water Connection Agreement" between the City of Wichita, the City of Andover, and Rural Water District #8. An Amendment to this Agreement was also submitted for approval. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the contract amendment to the water sales agreement between the City and RWD #8 and the amendment to the Water Connection Agreement between the City of Wichita, the City of Andover, and Rural Water District #8 be approved and -- carried the Mayor be authorized to sign. Motion carried 6 to 0. (Knight absent) NEW BUSINESS PETITIONS PETITIONS FOR PAVING TYLER ROAD; TURN LANES ON TYLER ROAD; AND WATER SUPPLY LINE TO SERVE PARTS OF NORTHRIDGE LAKES AND NORTHRIDGE LAKES SECOND ADDITIONS LOCATED NORTH OF 21ST STREET AND EAST OF TYLER ROAD. (District V) Cathy Holdeman City Manager's Office reviewed the Item. Agenda Report No. 96-725. The signatures on the petitions represent 67% (3 of 31 owners) of the improvement district area for Tyler Road turn lanes, 90% (4 of 26 owners) of the Tyler Road improvement district area, and 85% (3 of 31 owners) for the water supply line improvement district area. The projects were originally approved at the time of platting. New petitions have been submitted to update project estimates and modify the improvement districts to reflect recent platting activity. CPO Council 5 considered the petitions on August 14, 1996. The Council voted 7-0 to recommend approval. Northridge Lakes is a new, single-family development on the east side of Tyler, approximately 1/2-mile north of 21st. The project budgets for the original paving petitions totaled $224,420. The new paving petitions total $299,000. Funding source is Special Assessments. The water supply line budget remains unchanged. State statutes provide that a petition is valid if signed by a majority of property owners or by owners of the majority of the property in the improvement district. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 6 to 0. (Knight absent) RESOLUTION NO. R-96-337 Resolution of findings of advisability and Resolution authorizing improving of a left turn lane from the south line of Meadow Pass as platted in Northridge Lakes to the north line of Central Park as platted in Bradford South Addition, together with a decel lane to serve Meadow Pass, Project No. 472-82611 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. RESOLUTION NO. R-96-338 Resolution of findings of advisability and Resolution authorizing improving of Tyler Road from the north line of Sterling to the south line of Lot 1, Block 2, Northridge Lakes Second Addition, Project No. 472-82629 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. RESOLUTION NO. R-96-339 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88932 (east of Tyler, north of 21st) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers. IRB - LEARJET, INC. REQUEST FOR LETTER OF INTENT TO ISSUE INDUSTRIAL REVENUE BONDS - LEARJET, INC. (District V) Cathy Holdeman City Manager's Office reviewed the Item. Agenda Report No. 96-726. Learjet, Inc. (Learjet) has requested issuance of a Letter of Intent for Taxable Industrial Revenue Bonds in an amount not to exceed $86.0 million to be issued over a five-year period. Bond sale proceeds will be used to construct new buildings, renovate existing buildings and purchase machinery and equipment to modernize its Wichita manufacturing and office facilities located at One Learjet Way (formerly Harry Street) located near the intersection of Kellogg and Tyler Road in west Wichita. Learjet is also requesting that the City approve a 100% ad valorem tax abatement for a 10-year period. The City has previously issued Learjet over $4.5 million in Industrial Revenue Bonds in the mid-1960s to construct their current facilities. In addition, Learjet was issued $1.0 million in 1981 to construct their corporate Headquarters and office building and in 1994 the Airport Authority issued $2.4 million in bonds to construct Learjet's Flight Test and Delivery Center. The proposed project will provide for the expansion and upgrading of facilities and equipment to accommodate the increased personnel and space required to develop and produce Learjet's three business jet aircraft; the entry-level Learjet 31A, the medium size Learjet 60 and the new small-to-mid size Learjet 45. Bond sale proceeds will be used to expand and modernize the Learjet facilities. The new facilities and equipment will provide adequate space for the development and manufacture of the new Learjet 45 aircraft, while continuing support for existing Learjet aircraft models. To build and service the aircraft Learjet will hire 300 additional employees during 1996. City staff has requested Learjet provide further detailed data for submittal to WSU in order to prepare the cost-benefit analysis for the Local Government Fiscal and Economic Impact Model. This material will be provided to the Council upon its receipt from Wichita State University's Center for Economic Development and Business Research. Proceeds from the requested bonds will be used to construct a major expansion of Learjet's Flight Test Center to accommodate certification testing of several large aircraft currently under development by the Bombardier Aerospace Group; make improvements to and modernize manufacturing and office space; and the purchase of new state-of-the-art machinery and equipment to reduce manufacturing cycle time and enhance productivity. The project consists of the following: USES OF FUNDS * Bombardier Flight Test Center Addition: $10,000,000 * Manufacturing Building and Office Relocation and Refurbishment: 47,000,000 * Machinery and Equipment: 29,000,000 Total Cost of Project: $86,000,000 It is anticipated that the bonds will be purchased by Learjet or by Bombardier, Inc. and not offered for public sale. If Learjet utilizes the services of a brokerage firm as advisors or underwriters, the City will be advised at such time. A notice has been mailed to the County and Board of Education regarding this bond issue. Learjet, Inc. has an approved EEO/AA plan on file with the City. Learjet agrees to pay all costs of issuing the bonds and agrees to the City's annual $2,500 administrative fee for the term of the bonds. Learjet requests 100% ad valorem tax abatement for ten (10) years in accordance with Kansas statutes. The tax abatement will permit Learjet to proceed with their projects and significantly enhance their ability to realize the growth and resultant public benefits. Estimated taxes to be exempted on the $86.0 million expansion, under the 114.712 County mill levy, would be $2,060,600 for the first year, of which $564,800 is the City's portion, $532,900 the County/State portion and $962,900 the USD 259 portion. Learjet presently pays in excess of $808,000 annually for personal and real property taxes. Learjet, Inc. is eligible for a 100% tax exemption, if considered under the City's business Incentive Policy. The exemption is based upon Learjet exporting a 100% of its products out of the state of Kansas, a capital investment of over $86.0 million and the creation of over 300 new jobs during 1996. Learjet has selected Hinkle, Eberhart & Elkouri as bond counsel. In 1992, Learjet entered into a Consent Order with the Kansas Department of Health and Environment acknowledging that groundwater contamination exists at its Wichita plant site. Learjet will enter into an agreement with the City under which Learjet will defend and indemnify the City against and for any liability of the City which may arise solely as a consequence of the City issuing the Bonds requested by Learjet. Allen Bell Financial Projects Director introduced Learjet officials in attendance: Mac Beatson, President Colin Fernie, Chief Financial Officer Rollie Vincent, Director of Strategic Planning and Public Affairs Dave Edwards, Vice President and General Counsel Mac Beatson Mac Beatson, Learjet, Inc., President, said Learjet is committed to growth and providing jobs for the local area. Mr. Beatson said Learjet is involved with use of under-utilized contractors. Learjet is still involved in some limited business with the government which is very active in utilizing under-utilized contractors. Mr. Beatson said he has also made it a personal commitment to try to use under-utilized contractors and he has led several diversity activities in the hiring policies of the companies he has previously worked for. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that a Letter of Intent to the Learjet, Inc. be approved in an amount not to exceed $86.0 million for a five-year period ending September 10, 2001, subject to the conditions listed below; and that a 100% tax abatement on the project be granted: 1. Negotiation of a Lease Agreement, Trust Indenture and Bond Ordinance. 2. Arrangements have been made for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds are in place. 4. Agreement to pay the City administrative fees of $2,500 per year for as long as the bonds are outstanding. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. An approved Equal Employment Opportunity/Affirmative Action Plan is on file with the City prior to issuance of the bonds. 7. An approved Water Conservation Plan is on file with the City prior to issuance of the bonds. 8. Agreement to submit building and site plans to CART (City manager's Ascetic Review Team) for review and to modify the proposed design to comply with any reasonable CART conditions or recommendations. 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement with the City under which Learjet will defend and indemnify the City against and for any liability of the City for groundwater contamination existing at its Wichita plant site which may arise solely as a consequence of the City issuing the Bonds requested by Learjet. 10. Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual financial statements to the City. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the bonds. 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 encouraged to utilize Minority- owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. -- carried Motion carried 6 to 0. (Knight absent) ADDENDUM ITEM IRB - CONTEMPORARY REQUEST FOR LETTER OF INTENT FOR TAXABLE INDUSTRIAL REVENUE BONDS - CONTEMPORARY COMMUNICATIONS COMMUNICATIONS, L.L.C. (District IV) Cathy Holdeman City Manager's Office reviewed the Item. Agenda Report No. 96-758. Contemporary Communications, L.L.C. is requesting the issuance of a Letter of Intent for Taxable Industrial Revenue Bonds in an amount not to exceed $1,020,000. The bond proceeds will be used to purchase and renovate a facility located at 1601 South Sheridan in southwest Wichita, to construct a new building and to purchase additional machinery. Contemporary Communications is also requesting that the City grant a 100% ad valorem tax abatement for a 10-year period in accordance with City policies. Contemporary Communications supplies its clients with a full-line of printing and direct mail services including but not limited to machine inserts, packaging, assembly and fulfillment, folding, sorting, metering, barcoding, labeling and inkjet addressing. Contemporary Communications is a leader in the Direct Mail Marketing field. The company prints, processes and mails approximately 8-10 million pieces monthly. Contemporary Communications services local, regional and national clients, specializing in Personalized Mailings; including Database Management, Custom Programming and Advanced Fulfillment Operations for successful mailings of any size. Proceeds from the bonds will be used to purchase a site containing approximately 7.6 acres of land and an existing 9,500 s.f. building; to construct a new 36,000 s.f. direct mail assembly plant and to purchase machinery and equipment as follows: USES OF FUNDS * Purchase Existing Facility $ 210,000 * Construct New Building 654,500 * Purchase Machinery and Equipment 155,500 Total Cost of Project: $1,020,000 Contemporary Communications currently employs 38 people. Current expansion plans for Contemporary Communications, forecasts an increase in employment of approximately 45 people over the next five years. If these projections are met, over $900,000 in new personal annual income will be added to the Wichita economy through wages paid to Contemporary Communication's expanded work force. An estimated 58% of the company's product is ultimately exported outside the state. The bonds will be privately placed with Commerce Bank. The firm of Hinkle, Eberhart and Elkouri, L.L.C. will serve as bond counsel in the transaction. Contemporary Communications has a current approved EEO/AA Plan on file with the City's Human Resources Department. The cost/benefit analysis based on the fiscal and economic impact model of the Wichita State University's Center for Economic Development and Business Research reflects cost/benefit ratios of 3.75 for the City; 1.46 for Sedgwick County; 1.12 for USD 259 and 3.74 for the State. Contemporary Communications is also requesting a 100% tax abatement of ad valorem property taxes on the project for a 10-year period. Under the City's Business Incentive Policy, Contemporary Communications would qualify for a 77% tax abatement on the project based on new employment, capital investment and export trade. In addition, Council policy has been to limit the term of tax abatement to 5 years, width a second 5 years based on Council review. In 1992 and 1994, the City approved two IRB issues for Typed Letters Corporation, a competitor of Contemporary Communications, without approving tax abatements. In 1995, however, 100% tax abatements were approved for, two other local printing companies; Printing, Inc. and Rand Graphics. Contemporary Communications 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. The personal property taxes paid by Contemporary Communications in 1995 was $1,618.93. Contemporary Communications currently leases its building and therefore does not directly pay real estate taxes. If the 77% tax abatement is approved, they would also pay an estimated $6,581 on the 23% unabated tax portion of the project. Estimated amount of taxes that would be abated in the first year are $22,033 (77%), of which $6,040 is the City portion, $5,698 the County/State portion, and $10,295 the U.S.D. 259 portion, based on the 1995 mill levy of 114.712 mills. Allen Bell Director of Financial Projects reviewed the tax abatement recommendation. Kay Dawson Kay Dawson, Contemporary Communications owner, said the request was essential for the continued growth of Contemporary Communications. Ms. Dawson stated that a potential environmental concern pertaining to the property had been uncovered. Some groundwater contamination in close proximity to a sewer main which runs through the property has been found. Due to this concern, other property is being evaluated. It is possible a Notice, with a more suitable location, will have to be published. Gary Rebenstorf Director of Law said the Letter of Intent contains the condition of providing the City with an environmental site assessment (ESA) and that 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). Kay Dawson Kay Dawson, regarding the use of under-utilized firms said she was unsure of the potential construction firms' practices. Council Member Gale Council Member Gale added that the Letter of Intent also contains a condition that encourages the applicant to utilize Minority-owned Business Enterprises and Women-owned Business Enterprises as contractors, subcontractors, engineers, architects, suppliers, and vendors whenever possible. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Gale moved that the issuance of Taxable Industrial Revenue Bonds to Contemporary Communications, L.L.C. in an amount not to exceed $1.02 million, and determine the amount and term of property tax abatement to be granted, and the Mayor be authorized to sign a Letter of Intent, 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. 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 encouraged to utilize Minority- owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) as contractors, subcontractors, engineers, architects, suppliers and vendors whenever possible. Amendment -- Gale, with consent of the Second, amended the motion to add that a 77 percent property tax abatement for 5 years, with a second 5 years based on Council review, be approved. -- carried Motion, as amended, carried 6 to 0. (Knight absent) ICE RINK AGREEMENT AMENDMENT TO ICE RINK OPERATING AGREEMENT. Motion -- carried Ferris moved that this Item be deferred one week. Motion carried 6 to 0. (Knight absent) (Item No. 6 This Item was time certain and taken up later in the meeting. Action is shown in Agenda order.) ALLIS HOTEL ALLIS HOTEL. (Mayor Knight present) Agenda Report No. 94-160 E. The City is the owner of the Allis Hotel, a 17- story, hotel structure constructed in l929 which has been vacant for over 23 years. The City has made several attempts over the last three years to find a developer who could carry out an economically viable redevelopment of the Allis. In March, l994, the City solicited proposals nationwide and received two, from Mennonite Housing for a senior housing project and from the Council of Churches for a combined social services, group home, treatment center. A Citizen Task Force reviewed the proposals and concluded that neither project could be recommended from a business or cost return perspective. On August 30, 1994, the Council considered several options relating to total or partial demolition of the Allis Hotel, which were based on architectural studies and bids received from demolition contractors. The options included leaving the bottom three stories, conventional (wrecking ball) demolition and implosion of the structure. The Council approved the demolition of the Allis Hotel by implosion. In June 1995, the City received a proposal from Grand Heritage Hotels of Annapolis, Maryland, for the purchase and restoration of the Allis Hotel into a luxury hotel. Based on preliminary discussions with Grand Heritage, the City delayed the completion of the demolition project, which by then had finished with the abatement of asbestos. In November 1995, Grand Heritage informed the City that it could not proceed with the redevelopment of the Allis Hotel because of the high costs to restore this building for a hotel. In June 1996, the Finch Group of Boston, Massachusetts, a leading developer of low-to-moderate multi- family housing projects, began evaluating the Allis as a potential apartment building. The results were a determination that the project would not be feasible. The decision before the City Council is whether to resume the demolition of the Allis Hotel in order to facilitate redevelopment of the site, or to authorize improvements to the building in order to stabilize and protect it for the possibility of future redevelopment (mothballing). Staff has evaluated the financial implications of the two options. Neither option is clearly less expensive than the other, when taking in to account both up front costs and potential future costs and income of both options: (1) Demolition: The cost of rebidding the demolition is estimated at $525,000. This is off-set by the possible sale of the land, at an estimated price of $100,000 (based on County appraisal), and property tax revenue paid to the City resulting from redevelopment, conservatively estimated at $16,000 per year. (2) Mothballing: The improvements required for mothballing the Allis Hotel includes repair of the tower and lower roofs, the replacement of broken windows and contingency, at an estimated cost of $283,000. This could be reduced by $100,000 if windows are boarded over rather than replaced with glass. In addition to these up-front costs are recurring annual costs of security, maintenance and utilities, estimated to be $5,500 per year. Both demolition and mothballing options include the cost of terminating the current demolition contract, since the time lapse has made it impossible for the original contractor to hold to its previous (1994) bid for the demolition work. The cost of terminating the current demolition contract (all expenses) is estimated to be $218,628. The amounts discussed in the analysis section of this report are in addition to the contract termination costs. The source of funding for either option and the termination of the existing demolition contract is provided in the approved Capital Improvement Program for 1996. Discussion was had and consensus of the City Council was that the public hearing not be reopened and that only City Council comments would be received. Mayor Knight Mayor Knight said he did not understand why the City would remove the Allis Hotel. It would make some sense to remove the Allis if there were some kind of proposal to review which was contingent on having the property on which the Allis is located. Mayor Knight said his position is that the property should be cleaned up and made presentable, any leakage problems should be corrected (even if it requires a new roof), and the windows should be repaired. It is hoped that a determination will be made to "mothball" the property and clean it up and make it presentable. Mayor Knight said he could recall, on the West Bank matter, frustration and concern expressed year after year that nothing was going on with the West Bank. Some believed that patience had to be shown until the dynamic of the area presented opportunities. In a near future year, people will will look at the West Bank of the Arkansas River and marvel at what has been done. Patience is required and there has to be absorption of frustration and concerns about not moving faster. Council Member Cather Council Member Cather said structures like the Eaton, Orpheum, Keen Kutter, and Allis should be saved. With the few opportunities Wichita has to save historic buildings, several looks should be given the Allis. Council Member Cather said he was in favor of "mothballing" the Allis because if the exterior is made presentable downtown development will be promoted and the frustration some in the downtown area have felt will be dissipated. Council Member Ferris Council Member Ferris stated that the Finch Group does millions of dollars in this kind of renovation across the country and understands this kind of project. The Finch Group's preliminary estimates were $15 million to restore a structure for low and moderate income housing. The Finch Group expressed concern that if drilling into the floors were started (for required new water pipes and electrical) the structural integrity of the building would be disturbed. A group that was a leader in renovating old hotels did a full analysis and found that it could not feasibly renovate the Allis. Mennonite Housing, a Wichita community leader in doing senior housing, evaluated the Allis and determined it was not cost effective to renovate. Another firm which does renovation across the country also evaluated the Allis and determined that renovation was not cost effective. Now, it is being proposed that the City spend nearly $300,000 to save the Allis for an unknown future - which means money, plus demolition money, the City will be out if the Allis has to be demolished in the future. The City has taken time, found leaders in the renovation field, and has still not found a feasible way to make renovation work. The City also has other old buildings that will eventually require funds to restore or remodel. The money the Allis would require would be better spent on other projects where there is interest and use than spent on a building that will be vacant for two to twenty years. Mayor Knight Mayor Knight said he was not suggesting economic sense could be made out of the Allis today. If economic sense could be made, the City would not have spent $2 to $3 million to buy the Allis. It was not long ago that people were saying the City needed to get rid of the Dillard's Building because there was no way to make economic sense out of the building. The Dillard's Building (State Office Building) was a very complicated project and if there were not a sufficient commitment of citizens at all levels, from State government down to local citizens, the project would not have happened. As of today, renovation of the Allis is not economically feasible. It is very presumptive for anyone to suggest that the feasibility will not be there on September 10, 2003. Council Member Ferris Council Member Ferris clarified that the purchase price of the Allis Hotel was $375,000. The $3 million amount includes the Rule Building property (for use as a parking lot for the State Office Building), the parking lot around the Building, and a law settlement on the Rule Building and the parking lot. The purchase price and the amount of money the City has in the Allis was and is $375,000 plus around $300,000 the City has spent on demolition and whatever is done today. The City has not invested $3 million in the Allis. In fact, when the City bought the Allis, it was known that the City would go out for some type of RFPs to see whether there was interest in the building and that, if it was not feasible to remodel or renovate, the building would be demolished. The additional amounts had nothing to do with the City's ownership of the Allis because all of those numbers were fact whether or not the City owned the Allis. Council Member Kamen Council Member Kamen said other projects must be looked at because money is not unlimited and priorities must be made. Over the past year, several alternatives were looked at (elderly, low income, hotel) but none were feasible. Mothballing is not a savings over demolition - it is just an addition to the demolition. The figures the City has for the cost of mothballing are quite conservative. Also, taxes will be lost on what might be gained if the area were redeveloped. There are more than four old buildings that may be coming up in the near future that may require City financial assistance. In the last five or six years there has been more historic sensitivity than in previous decades. The Mead building on Douglas, Crumb or Campbell Castle, and buildings in Old Town have been saved, and east Douglas is being used. There is still going to be a lot of money invested in current renovations to complete the projects. The Allis is not a symbol of the City's history but a symbol of blight downtown. It does not make sense, economically, to mothball the Allis. Mayor Knight Mayor Knight said that a project requiring the property would be one thing but all that is being discussed is demolition. To have the building torn down, property developed, and have property taxes paid would be a first. Council Member Cather Council Member Cather said there is agreement that it is not now feasible but in ten years it may be feasible to develop the Allis Hotel. If a building were built, the cost would be amortized over a period of years. If the $300,000 costs were amortized over ten years, the amount would be only $30,000/year plus the approximate $5,000/year maintenance to mothball the Allis. Council Member Rogers Council Member Rogers said both sides of the issue can be correctly debated. The City set out to try to save the Allis Hotel. There has been a very sincere effort to look at every possible option that might be available to make a reasonable determination to demolish, mothball, or whatever. The City has exhausted all possible opportunities. Council Member Rogers said there may be some opportunities for development of the Allis in the future but he could not make his policy decision based on that at this point. That is the reason he is not in favor of mothballing the Allis. The Allis needs to be demolished - the prudent policy decision that ought to be made. There is greater opportunity in the future for development of the site without the Allis building on the site. Council Member Ferris Council Member Ferris stated that there are always hidden costs. The Allis is a structure that almost every downtown group has said is a problem. There are many business and property owners in downtown. There is a cost of having the third or fourth tallest building in the community vacant - not a good sign into downtown Wichita. The City has spent tens of millions of dollars to redevelop downtown. There has been other demolition in the downtown area which has made the other property around it worth far more. The Allis is historic because a lot of people who are still living enjoyed the history of the Allis. The building has some Art Deco features some other buildings have. The City is going to demolish a fire station that has that same Art Deco facade to construct a highway. There are times when it is time for those properties to go. There are photographs of the Allis location in the Planning Department that do not have the Allis Hotel in them. There are many buildings in Wichita that are older than the Allis. The Allis is historic because some people put it on the Historic Register and because, in the minds of a lot of people, it has history. There are many buildings in the Wichita community that are far more historic than the Allis Hotel. Council Member Gale Council Member Gale said he had struggled with the issue of whether to mothball or demolish the Allis - both would expend dollars. It would be difficult to undo demolition. Council Member Gale questioned whether it might be possible to get hard dollar costs on both options. Council Member Cole Council Member Cole said she had hoped previous proposals would be able to restore the Allis. There were proposals for the Allis from Grand Heritage for a hotel, Mennonite Housing for residential development, and the Finch Group for residential units for low and moderate income persons. All have determined that redevelopment was not feasible. Time was spent talking on the telephone, with Wes Finch of the Finch Group, discussing the soundness of the structure and it was learned that the Group had determined the cost was more than believed economically feasible. Wes Finch told Council Member Cole that there are large cracks in the concrete floors and that there could very well be serious problems once drilling for conduit and other things was initiated. The same dismal report has been heard from others who should know and who have recently been in the building. It appears that the Allis is even more damaged than the Council originally thought. Of course, the Allis has also been stripped of all value - or much of its value - by its previous owners who have taken out anything they believed was salvageable. "I believe we have spent enough time looking for a developer and consulting with those who have expressed interest in this project over the past three years. I wish that something had worked out which allowed us to keep the Allis and see her restored once again, but nothing did. It has been over twenty-five years since that marvelous hotel was abandoned. It, and this community, have suffered together for year after year with no resolution in sight. "What I have learned, also, in this process is that in order to restore the Allis, the City of Wichita is going to have to contribute much more than the building and $1 million in tax dollars. To mothball the building, I believe, is to guarantee that it will be increasingly more expensive with each passing year to restore it, and the City will be asked to contribute more tax dollars in order to do so. "As I said over a year ago, the City Council does not have the resources to save everything. I was involved in the saving of the John Mack Bridge. I called together the committee that formed to save the structure. They first met in my living room and I, personally, wrote the nomination for the State and National Register. I agonized over and spent many hours working to save Campbell Castle which now, I believe, is a restored jewel in this City. My husband and I have personally restored homes in the historic district of Midtown, and we are presently working as volunteers every week to restore the condemned home recently purchased by the Historic Midtown Citizens' Association. And, I say all of this, of course, to show that I have been, and will continue to be, a committed preservationist when I know there are available resources to accomplish the job. "I have committed time and energy to the future of the Eaton Block, the Orpheum Theater, and, most recently, the Keen Kutter building. Those are the properties that I want to work to see restored. Finding the means to save and restore those three historic properties will be a monumental task in itself." The property on which the Allis sets is one of the most prime locations in downtown Wichita. Developers, both in Wichita and outside who have been solicited, have said they believe developers will not show substantial interest in new construction on that site until the 17-story structure is gone. Certainly, no developer who wishes to market a development would willingly choose to bring down wrath and a legal suit from the preservation community in order to develop the property when other properties are available in the downtown area. Property owners who have spent substantial amounts of money on their properties in that area have also been heard from since the Council's original decision to raze the Allis. There is no one in the private sector, at this point, who believes the property is viable and is willing to bring sufficient money to the table. "It is my position, today, that in order to use that prime piece of property and to put it back on the tax rolls the hotel must come down. This has been a long and sad saga and it is time to put it to its final rest. It is with sadness that I shall vote to demolish the Allis Hotel." Motion -- Ferris moved that the prior decision of the City Council to demolish the Allis Hotel be reaffirmed; that City Staff (particularly Legal Staff) be allowed to negotiate with the previous low bidder who had a contract for demolition; if the contract negotiation is unsuccessful, the project then be taken to a formal bid process; and either the renegotiated contract or the new bid be returned to the City Council for consideration and, if at that time if a Council Member believes the numbers are far more than expected, there would be an opportunity to reject -- carried the bids. Motion carried 4 to 3. Cather, Gale, Knight - No. (Mayor Knight absent) FIRE STATION SITE SITE FOR NEW FIRE STATION. Cathy Holdeman City Manager's Office reviewed the Item. Council Member Rogers left the Bench. Agenda Report No. 96-728. In accordance with the Fire Facility Location Plan, the Fire Department has identified a need for a new fire station in the far northeast quadrant of the City. A possible site (6.97 acres of land) has been identified at Webb Road south of K-96. The proposed site, located at Webb Road, south of K-96, is owned by the Wichita Airport Authority (WAA). This parcel of land was cut off from the Jabara Airport by K-96 and is of no practical use to the WAA except to protect runways. The FAA has contributed 90% of the cost of all land at Jabara Airport and thus FAA rules apply if this parcel of land were donated or leased to the City for a function not directly related to the airport. The FAA has determined that fire service is not required and is thus not directly related to airport operations. As a result, the City would be required to pay fair market value rental/purchase rates. The City owns a parcel of land (approximately 14.08 acres) in close proximity to the Webb Road and K-96 parcel. One option is to explore an exchange of land between the City of Wichita and the Wichita Airport Authority. Financial considerations for this project are based upon negotiations between the City and the Wichita Airport Authority. Location of a fire station at the Webb Road/K-96 location would require the City to abide by FAA and WAA covenants and restrictions. Vice Mayor Cather Vice Mayor Cather inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the Mayor be authorized to initiate a formal request to the Wichita Airport Authority to provide the City with the parcel of land located at Webb Road south of K-96 for location of the proposed new fire station. Amendment -- Kamen, with consent of the second, amended the motion to add that the Wichita Airport Authority be asked to take this Item up at their next meeting and provide an answer to the City Council at the first City Council meeting following the Airport Authority's next meeting. -- carried Motion, as amended, carried 5 to 0. (Knight, Rogers; absent) Council Member Rogers present. LEGISLATIVE ISSUES 1997 PROPOSED LEGISLATIVE ISSUES. Agenda Report No. 96-729. In mid July, requests for proposed legislation were distributed to all City Departments, Citizen Participation Councils and the City Council. In addition, there are a number of issues the 1997 Legislature will likely debate which could impact Wichita. In an effort to keep the 1997 City of Wichita Legislative Program manageable and as effective as possible, it's proposed the City Council adopt general position statements on a variety of issue categories. This approach will allow the City to establish general goals and positions, giving it the flexibility to react to any number of specific bills during the session. The Legislature will already have a number of important issues on its calendar for 1997. Those include: Spending and/or Tax Lids, revamping of the tax structure and retail wheeling of electricity. It is expected the City of Wichita will need to weigh in on a number of these issues as specific bills and proposals are drafted. The general issue categories proposed for the City of Wichita program are: Taxes and Finance, Public Safety, Health and Environment, Transportation, and Local Control/Home Rule. There will also be a section of 1997 City of Wichita Priorities where we will request specific bills to be considered by the Legislature. Keeping this section to a minimum is recommended in order to keep the City's efforts as manageable and effective as possible. Mike Taylor Intergovernmental Relations Director reviewed the Item and proposed that some general policy or position statements be developed which would give a basic framework to allow the City to respond specifically to future possible legislation. In mid-July, the Intergovernmental Relations Director sent out request for legislation to CPOs, City Department Heads, and the City Council. Suggestions received to date include making some adjustments in the domestic violence law and changes in some planning and zoning laws. Mike Taylor said that in two weeks he would bring a final draft of the program for City Council approval. This is an opportunity for the Council to discuss specific suggestions, broader policy positions, or to set the tone in direction for the 1997 Legislative Program. Council Member Cole Council Member Cole said, some time ago, Council Member Rogers assembled a committee to look at affordable housing and housing programs in general. Council Member Cole said she would like to put the matter of tax credits and taxation, as related to inner- city housing and construction in the inner-city, on the list until it is known that now is not the time to address the subject. Mike Taylor Intergovernmental Relations Director said there is also the possibility that coalitions might be formed by the City backing issues introduced by other groups. This would reduce the City's over all list but accomplish the City's goals. Council Member Kamen Council Member Kamen expressed thanks for previously strengthened legislation with regard to domestic violence and the asbestos policy paid for by special assessments. Council Member Cather Council Member Cather said he hoped CPOs input would be sought; and that, immediately after the election, there be a meeting between the City Council, Law Department, former legislators (i.e., Blaise Plummer) who may now work or participate in local government, and the Sedgwick County delegation (Senators and House Members). Council Member Gale Council Member Gale explained that Mike Taylor had solicited CPO comment and had attended CPO meetings in an effort to involve the various CPO groups. Motion -- carried Cather moved that the Report be received and filed. Motion carried 6 to 0. (Knight absent) CITY COUNCIL AGENDA CROSS WALK DISCUSSION OF CROSS WALK AT 119TH STREET WEST AND BINTER. (Requested by Council Member Ferris) Council Member Ferris Council Member Ferris said he had received telephone calls in recent weeks concerning a situation on 119th Street at an area serving the St. Elizabeth Ann Seaton School. After conversations with the Police Department and the Traffic Engineer, the item was brought quickly to the City Council because it has been seen that there is a need for a school crossing signal to serve that area. Jeff Wyman Police Officer Wyman reviewed the Item. Police Officer Benjamin, on routine community policing patrol, observed a problem at the crosswalk at 645 North 119th Street West (a school crossing at the St. Elizabeth Ann Seaton School. Early in the morning, before the crossing guard arrives at 7:35 a.m., there are a lot of children lined up to cross 119th Street. Vehicle drivers follow the posted speed limit and observe the flashing 20 MPH speed but do not allow the children to cross the street. School starts at 8:00 a.m. and a school crossing guard is present at 7:35 a.m. There are children lined up at the crosswalk before 7:35 a.m. who must take chances crossing the street until the crossing guard arrives. There are approximately 515 children enrolled in the school with approximately 175 of those using the crosswalk. On three separate days, traffic counts showed: September 3, 1996 - 121 students used the crosswalk September 5, 1996 - 134 students used the crosswalk September 9, 1996 - 135 students used the crosswalk On two separate days, bicycle counts were taken with there being 111 bicycles on one day and 121 bicycles the next day. The City Traffic Engineer's Office advised that a traffic study done in 1994 did not warrant installation of push-button activated stop light at the crosswalk. The City Engineer agreed to do a new traffic study. Crime analysis of the area showed several vehicular accidents but, thankfully, only one pedicycle accident was shown. Mayor Knight present; Vice Mayor Cather in the Chair. Officer Benjamin Officer Benjamin said Mrs. Eaton had done a count, on August 29, 1996, of children leaving school. In a fifteen-minute period, 175 students were counted leaving the school. Council Member Ferris Council Member Ferris requested that a letter be placed in Officers' Benjamin, Wyman, and Bastian files commending them for their speedy action, efforts in bringing this to the immediate attention of the City Council, and their work in the neighborhood. Mayor Knight in the Chair. Janet Eaton Janet Eaton, Principal at St. Elizabeth Ann Seaton School, requested that a red light be placed at the crossing which is currently manned by student patrol and a flashing yellow light. The crosswalk is used for the students as well as the community. The complex is a site for nine area homeowner organizations, ball games, sports events, and other organizational meetings. Ms. Eaton said she had a petition containing 1,158 signatures of persons also concerned about the crossing. Bill McKinley Traffic Engineer spoke in support of the speakers' comments and said that the Traffic Engineering Division had also done a survey on September 4, 1996, from 7:00 a.m. to 8:15 a.m., and that during that time there were no gaps in the traffic when the children were trying to cross the street. The school's safety patrol does an excellent job but the school traffic is present before and after the crossing guards are present. It is recommended that a complete crosswalk, with red, amber and green light, be installed (to be used 24 hours per day, 365 days per year), with a flasher on during the time school children are crossing. The estimated cost is approximately $20,000 and it is suggested funds be from the Capital Improvement Projects under-runs from District V. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that Staff be requested to move as quickly as possible to install a full crossing at that location, and that the funds be appropriated from Capital -- carried Projects accounts. Motion carried 7 to 0. CONGRESS OF CITIES DESIGNATION OF VOTING AND ALTERNATE VOTING DELEGATES, ANNUAL CONGRESS OF CITIES, DECEMBER 7-10, 1996, SAN ANTONIO, TEXAS. Motion -- Knight moved that the Mayor be designated as the voting delegate and Council Members Cather and Rogers be designated as alternate voting delegates. Motion -- carried carried 7 to 0. APPOINTMENTS APPOINTMENT TO WICHITA COMMISSION ON THE STATUS OF WOMEN. One appointment (Rogers), for a term expiring June 30, 1997. Motion -- carried Rogers moved that this Item be deferred two weeks. Motion carried 7 to 0. APPOINTMENT TO WICHITA/SEDGWICK COUNTY BOARD OF HEALTH. One appointment (Cole), for a term expiring June 30, 1997. Motion -- carried Cole moved that this Item be deferred two weeks. Motion carried 7 to 0. APPOINTMENT TO WICHITA COMMISSION ON THE STATUS OF WOMEN. One appointment (Ferris), for a term expiring June 30, 1997. Motion -- carried Ferris moved that this Item be deferred three weeks. Motion carried 7 to 0. APPOINTMENT TO WICHITA-SEDGWICK COUNTY SOLID WASTE MANAGEMENT PLANNING COMMITTEE. One appointment (Cather), for a term expiring June 30, 1997. Motion -- carried Rogers moved that this Item be deferred one week. Motion carried 7 to 0. NOTICE OF VACANCY - WICHITA PUBLIC BUILDING COMMISSION. One vacancy (Gale), due to the resignation of Ann Silva-Keith, for a term expiring June 30, 1997. Appointment will be made September 24, 1996. NOTICE OF VACANCY - METROPOLITAN AREA PLANNING COMMISSION. One vacancy (Rogers), due to the nonattendance of Darnell Owens, for a term expiring June 30, 1997. Appointment will be made September 24, 1996. PROCLAMATIONS PROCLAMATIONS. -- Republic of China Day -- American Business Women's Day Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 30 and 36, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORTS OF THE BOARD OF BIDS AND CONTRACTS DATED SEPTEMBER 3 AND 9,1996. At 10:00 a.m., Friday, August 30, 1996, 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 9/3/96) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1996 Repair of Condemned Sidewalk and Wheelchair Ramp Construction, Phase III at various locations. (132100/112000) Does not affect existing traffic. (Council approval date 08-13-96) (District all) Williamson Construction - $217,600.00 (Engineer's Construction Estimate) 1996 Arterial Asphalt Rehabilitation of Hydraulic, from 37th Street North to the Chisholm Creek Bridge; George Washington Boulevard, from Oliver to 31st Street South; and Oak Knoll, from Rock to Pawnne. (472-82704/706374/405191) Traffic to be carried during construction. (Council approval date 04-23-96) (District all) Ritchie Paving - $286,650.00 (Engineer's Construction Estimate) 1995 Main Replacement Project Group D: along Dellrose from Douglas to English, Oakland from Dellrose to Oliver, and Dellrose from English to Lewis (89001); along Yale from Circle Drive to North of Kellogg, Roosevelt from Circle Drive to Lewis, and Bluff and Waterman from Lewis to Crestway (89002); along Willow from English to Fountain, and Bluff and Hammond from English to Fountain (89003); along Holyoke from Second Street to First Street, Lorraine from English to Waterman, and Victor Place from Rutan to Yale (89004); and along Rutan from Douglas to North of Kellogg, Lewis from Rutan to Vassar, Oakland from Hillside to Clifton, Oakland from Clifton to Circle Drive, English from Hillside to Rutan, English from Rutan to Clifton, and Vassar from English to Waterman (89005). (448-89001 through 89005/634477/) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District II) Wildcat Construction Company - $1,035,922.00 Pawnee Prairie Park Pedestrian Bridges located at 1931 South Tyler Road. (472-82534/785402/785337/440-071/440- 064) Does not affect existing traffic. (Council approval date 10-18-94) (District V) Utility Contractors - $127,651.00 (Total Base Bid/Add Alternate #1 and #2) Lateral 4, Cowskin Interceptor Sewer to serve Auburn Hills 2nd Addition south of Maple, east of 135th Street West). (468-82631/742866/480378) Does not affect existing traffic. (Council approval date 07-30-96) (District V) Utility Contractors - $93,764.00 Lateral 73, Sanitary Sewer #23 to serve The Moorings 6th Addition (west of Meridian, south of 53rd Street North). (468-82132/742775/480369) Does not affect existing traffic. (Council approval date 07-30- 91) (District VI) Nowak Construction - $18,410.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. PUBLIC WORKS\FLEET AND BUILDINGS: PARK VILLA COMMUNITY CENTER REPAIRS 130823 AS PER SPECIFICATIONS Van Asdale Construction - $28,900.00 PUBLIC WORKS/FLEET AND BUILDINGS: PATIO BLOCK PAVERS REPLACEMENT 130823-2505 AS PER SPECIFICATIONS Barkley Construction - $21,300.00 MUNICIPAL COURT: SECURITY GUARDS 150153 AS PER SPECIFICATIONS Professional Security Incorporated - $8.80 Cost Per Man Per Hour METROPOLITAN TRANSIT AUTHORITY: EIGHT (8) 25-26 FOOT 23 PASSENGER HEAVY DUTY TRANSIT COACH 629295 AS PER SPECIFICATIONS Chance Coach, Inc. - $229,585.00 per each ($1,836,680.00 Total Net Bid) GENERAL GOVERNMENT/CENTRAL INSPECTION: DEMOLITION OF TWO (2) PROPERTIES 206334-2999 AS PER SPECIFICATIONS 1. Minority Contractors & Consultants, Inc. - $2,500.00 (Total Lump Sum) 2. Farha Construction, Inc. - $4,115.00 (Total Lump Sum) HUMAN SERVICES/WICHITA HOUSING AUTHORITY: FURNISH AND INSTALL ACCESS CONTROL SYSTEMS 127720-2803 AS PER SPECIFICATIONS Protection Systems, Inc. - $22,875.00 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. At 10:00 a.m., Friday, September 6, 1995, 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 9/9/96) DEPARTMENT OF PUBLIC WORKS/FLEET AND BUILDLINGS: AUTOMATIC DOOR REPLACEMENT 130823-2505 AS PER SPECIFICATIONS Hopper's Glass Inc. - $23, 795.00 FINANCE DEPARTMENT/DATA CENTER: ALPHA STATION 250 4/266 035105 AS PER SPECIFICATIONS Environmental Systems Research Institute - $16,000.00 PARK AND RECREATION DEPARTMENT: TREES 172171 AS PER SPECIFICATIONS Item # 1 - Valley Tree Farm - $1,315.00Total Net Bid Item # 2 - Valley Tree Farm - $ 975.00Total Net Bid Item # 3 - Valley Tree Farm - $1,327.50Total Net Bid Item # 4 - Borst Nursery - $6,720.00Total Net Bid Item # 5 - Valley Tree Farm - $2,725.00Total Net Bid Item # 6 - Valley Tree Farm - $8,662.50Total Net Bid Item # 7 - Valley Tree Farm - $2,837.50Total Net Bid Item # 8 - Quail Creek Nursery - $ 940.00Total Net Bid Item # 9 - Jenco Wholesale Nurseries- $ 375.00Total Net Bid Item #10 - Brady Nursery Inc.- $ 500.00Total Net Bid Item #11 - Borst Nursery - $1,378.50Total Net Bid Item #12 - Jenco Wholesale Nurseries - $3,465.00Total Net Bid Item #13 - Jenco Wholesale Nurseries - $2,375.00Total Net Bid Item #14 - Jenco Wholesale Nurseries - $1,470.00Total Net Bid Item #15 - Quail Creek Nursery - $1,455.00Total Net Bid Item #16 - Quail Creek Nursery - $2,425.00Total Net Bid Item #17 - Quail Creek Nursery - $1,940.00Total Net Bid Item #18 - Quail Creek Nursery - $485.00Total Net Bid Item #19 - Valley Tree Farm - $ 522.50Total Net Bid Item #20 - Valley Tree Farm - $ 888.75Total Net Bid Item #21 - Jenco Wholesale Nurseries $3,400.00Total Net Bid Item #22 - Borst Nursery - $ 999.60Total Net Bid Item #23 - Valley Tree Farm - $3,062.50Total Net Bid Item #24 - Valley Tree Farm - $3,062.50Total Net Bid Item #25 - Valley Tree Farm - $2,107.50Total Net Bid Item #26 - Valley Tree Farm - $2,107.50Total Net Bid Item #27 - Borst Nursery - $ 990.00Total Net Bid Item #28 - Brady Nursery Inc. - $1,200.00Total Net Bid Item #29 - Valley Tree Farm - $ 567.50Total Net Bid Item #30 - Jenco Wholesale Nurseries $1,680.00Total Net Bid Item #31 - Valley Tree Farm - $2,387.50Total Net Bid Item #32 - Jenco Wholesale Nurseries $ 690.00Total Net Bid Item #33 - Valley Tree Farm - $ 955.00Total Net Bid Item #34 - Jenco Wholesale Nurseries $1,040.00Total Net Bid Item #35 - Valley Tree Farm - $9,712.50Total Net Bid Item #36 - Valley Tree Farm - $ 323.75Total Net Bid Item #37 - Quail Creek Nursery $1,925.00Total Net Bid Item #38 - Quail Creek Nursery - $5,510.00Total Net Bid Item #39 - Borst Nursery - $2,175.00Total Net Bid Item #40 - Quail Creek Nursery, Inc. $ 290.00Total Net Bid Item #41 - Valley Tree Farm $3,062.50Total Net Bid Item #42 - Jenco Wholesale Nurseries $ 490.00Total Net Bid Item #43 - Jenco Wholesale Nurseries $ 490.00Total Net Bid Item #44 - Brady Nursery - $ 930.00Total Net Bid Item #45 - Brady Nursery - $ 799.00Total Net Bid Item #46 - Brady Nursery - $ 799.00Total Net Bid Item #47 - Brady Nursery - $ 399.50Total Net Bid Item #48 - Brady Nursery - $ 399.50Total Net Bid Item #49 - Jenco Wholesale Nurseries - $2,940.00Total Net Bid Item #50 - Borst Nursery - $1,825.00Total Net Bid Item #51 - Brady Nursery, Inc. - $4,900.00Total Net Bid Item #52 - Brady Nursery, Inc. - $4,900.00Total Net Bid Item #53 - Jenco Wholesale Nurseries - $1,080.00 Total Net Bid Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Special Event Jack L. Silvers Old Town Chili Cookoff619 E. William 09/21/96 Renewal 1996 (Consumption on Premises) Michelle Marie Jeffrey Stoico Restaurant Group, Inc.3151 N. Rock Road* Monica Reyna La Copa De Oro 3537 N. Broadway Teresa A. Vasquez El Patio Cafe 901 E. Central* Prakan Chotinon Royal Orchid 1845 S. Rock Road #105* (Consumption off Premises) American Drug Stores Osco Drug Store #21112323 N. Amidon American Drug Stores Osco Drug Store #21322501 S. Seneca American Drug Stores Osco Drug Store #21333333 East Central American Drug Stores Osco Drug Store #21354035 E. Harry Mark A. Boswell Midway Oil, Inc.3448 W. Douglas American Drug Stores Osco Drug #21632024 N. Woodlawn John Leeker Checkers 1625 S. Rock Road *(More than 50% of gross revenues from sale of FOOD) Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. 1996 KLINK Pavement Resurfacing and Repairs on K-15 (Southeast Boulevard) from the north side of the Kansas Turnpike (I-35) to the south side of I-135. (132373) Traffic to be maintained through construction. (Council approval date 01- 23-96) (District III) 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., September 20, 1996. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Supply Line to serve Savanna at Castle Rock Ranch 5th - 8th Additions (north of 13th, along both sides of 143rd Street East). (448-89048/733402/470418) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 08-13-96) (District n/a) b. Water Distribution System to serve Savanna at Castle Rock Ranch 8th Addition (north of 13th, west of 143rd Street East). (448-89049/733428/470420) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 08-19-96) (District n/a) c. Lincoln from the west line of the NE 1/4, Section 27, T27S, R2E to the west line of 127th Street East; LaGuna from the west line of Lot 23, Block 1, to the west line of Lincoln; Lincoln Courts serving Lots 1 through 7 and 8 through 15, Block 1, Lots 10 through 21, Block 2, and Lots 17 through 21, Block 5, from the west line of Lincoln to and including the cul-de-sac; Lots 1 through 22, Block 3, from the east line of Lincoln to and including the cul-de-sac; Lots 1 through 9, Block 4, from the north line of Lincoln to and including the cul-de-sac; Lots 1 through 16, Block 5, from the south line of Lincoln to and including the cul-de-sac; LaGuna Courts serving Lots 17 through 20, Block 1, from the west line of Lincoln to and including the cul-de-sac, and; Lots 1 through 4, Block 2, from the north line of LaGuna to and including the cul-de-sac, and; Sidewalk be constructed adjacent to the north and west line of Lincoln from the west line of the NE 1/4, Section 27, T27S, R2E to the west line of 127th Street East and along or near the south line of Lincoln from the west line of said quarter section to Reserve C and through Reserve C to the north line of Reserve C (south line of Lincoln) and across Reserve C to the site of Seltzer School and along the north line of LaGuna from the west line of Block 1 to the west line of Lincoln Woodland Lakes Estates Addition (west of 127th Street East and south of Kellogg). (472-82695/763730/490476) Does not affect existing traffic. (Council approval date 03-05-96) (District 2) d. Water Distribution System to serve Auburn Hills Addition (south of Maple, east of 135th Street West). (448-89066/733410/470419) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 08-30-96) (District n/a) 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., September 20, 1996. Motion carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST. a. MacDonald Golf Course and Clubhouse renovation - $24,368.00; grass seed to restore greens - $6,586.12. Interest expense applied to project at 7/31/96 - $59,179.91 for a total amount to be bonded - $90,134.02 (696- 039/516-004) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 7 to 0. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating, and Boilers 7/25/96 Board of Electrical Appeals, 8/13/96 Board of Zoning Appeals, 7/23/96 CPO Northeast Council 1, 8/12/96 CPO Southeast Council 3, 8/22/96 Commission on the Status of People With Disabilities, 7/31/96 Commission on the Status of Women, 8/7/96 Public Art Advisory Board, 8/8/96 Wichita Airport Authority, 8/5/96 Wichita Metropolitan Transit Authority, 7/25/96 Wichita-Sedgwick County Board of Health, 8/8/96 Wichita-Sedgwick County Solid waste Management Committee, 7/15/96 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. PROPERTY DISPOSITION SALE OF CITY-OWNED PARCEL - 1133 NORTH GORDON. (District VI) Agenda Report No. 96-730. The City of Wichita has received an offer of $7,000 from Dale F. and Desiree P. Widiger for the property located at 1133 N. Gordon. The property is legally described as: Lot 8, except the West 135 feet thereof and except the East 30 feet thereof, Orie Johnson's Addition. The property contains 10,125 square feet and was purchased for the infill development project. As the project progressed, it was decided that this parcel was not required. The parcel has been advertised for sale. The potential purchasers intend to build and occupy a new home on the property. The purchaser has offered to pay $7,000 for the property. The property was originally purchased by the City for $6,500. Other associated costs include closing costs, title insurance, the partial construction of a foundation, a survey, and mowing. The offered amount would compensate for the original purchase price as well as a portion of the associated costs. The City will receive cash consideration for the sale of the property. Gross sales proceeds will be $7,000. Closing costs will be shared 50% by buyer and 50% by seller. The tract is currently exempted from property taxes. After the purchase, the property will return to the tax rolls. Motion -- Knight moved that the sale and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. EMERGENCY SHELTER EMERGENCY SHELTER GRANT CONTRACT. Agenda Report No. 96-731. On June 4, 1996, the City Council approved the revised Emergency Shelter Grant allocations to be included in the City's 1996/97 Housing and Urban Development (HUD) Consolidated Plan. The Plan will provide funds for a number of homeless agencies for operations, shelter renovation, essential services, and homeless prevention. A contract with one of these agencies is being brought before the Council. The Emergency Shelter Grant contract before the Council is with the Salvation Army. The contract provides funds for homeless shelter operation and essential services costs and is consistent with the City's HUD Consolidated Plan as approved by the Council. The maximum amount for the Salvation Army contract is $19,203. These federal HUD funds are available through the Stewart B. McKinney Homeless Assistance Act and the contract obligates no general fund moneys. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. EMERGENCY SHELTER EMERGENCY SHELTER GRANT CONTRACT AMENDMENT. Agenda Report No. 96-732. On July 11, 1995, the City Council approved a contract with the Center of Hope to provide funding for a homeless prevention, client rent assistance project. The project and its funding level are in accordance with the City's approved 1995/96 Consolidated Community Development Plan and the Emergency Shelter Grant (ESG) funds for this contract are provided by the U.S. Department of Housing and Urban Development (HUD). In order to complete the original objectives of the contract, the agency has requested a contract extension. The contract amendment before the Council extends the ESG contract with the Center of Hope through December 31, 1996. No other contract provisions are changed. This contract extension is allowable under ESG funding guidelines. The maximum amount for the Center of Hope contract remains at $28,826. These HUD funds are available under the Stewart B. McKinney Homeless Assistance Act and the contract obligates no general fund moneys. Motion -- Knight moved that the Contract Amendment be approved and the Mayor be authorized -- carried to execute. Motion carried 7 to 0. BIOSOLIDS STORAGE FAC. BIOSOLIDS STORAGE FACILITY CONTRACT #2 - CHANGE ORDER #2. Agenda Report No. 96-733. The City Council approved Biosolids Treatment & Management Plan improvements are being administered under three (3) separate contracts. Contract #1, Emergency Sludge Storage Basins (Complete), Contract #2, Plant #1 & Plant #2 improvements (BRB Contractors - $17,999,000) and Contract #3. Dondlinger & Sons was the low bidder for the Contract #3 improvements at $3,405,000. Contract #2 is main contract and involves the improvements to Plant #1 and Plant #2. This work is scheduled for completion on November 19, 1997. Change Order #2 is a combination of fourteen (14) items. A description of each item and its associated cost are as follows: - Change AFC size from 5 to 100 h.p. - $14,177.10 - Substitute air handling unit - ($20,000.00) - Substitute synthetic support system - ($ 5,413.76) - Motor Control Center modifications - $ 0.00 - Control joints at Screenings bldg. - $ 485.10 - Change lighting fixtures @ O&M bldg. - $ 2,095.80 - Change door/floor covering @ O&M bldg. - $ 2,530.18 - Sleeve for gas line at tunnel - $ 1,944.60 - Revise storm drainage - $ 8,303.00 - Observation ports (compactor) - $ 1,854.60 - Replace two (2) light fixtures - $ 345.45 - New Metal deck - Grit bldg. - $16,713.00 - Replace roof at raw sewage MCC - $ 6,448.00 TOTAL $30,406.47 Change Order #1 was authorized by the City Council not to exceed $180,000. This work was recently completed and the total cost incurred was actually $73,528.58. The total of Change Orders #1 and #2 represents 0.58% of the total project cost. In all cases, staff believes the change orders provide either a reduction in project cost or added value to the City. Staff and the City's engineer recommend approval of Change Order #2. Sufficient funds remain in CIP S-500, approved by Council on February 7, 1995 to cover the cost of the work. USEPA regulations, 40 CFR Part 503 requires municipalities to implement an approved method of biosolids treatment, reuse/disposal and to comply with the National Pollutant Discharge Elimination System (NPDES) permit. Failure to comply would result in civil and/or criminal penalties. Change Order in excess of $10,000 require approval by the City Council. Motion -- Knight moved that Change Order #2 to Contract #2 with BRB Contractors be approved -- carried and the Mayor be authorized to sign. Motion carried 7 to 0. RAILROAD CROSSING PGM. PHASE I, 1996 RAILROAD CROSSING PROGRAM. (Districts IV and V) Agenda Report No. 96-734. The 1996 Capital Improvement Program includes funding to improve railroad crossings at various locations around the City (CIP No. MS-458, page 51). OmniTrax, Inc. has agreed to reconstruct the crossing area and install concrete crossing material at four crossing locations listed below if the City will purchase the concrete planking. The railroad will furnish the necessary equipment, labor, rail, ties and other materials to accomplish a total reconstruction of the crossing areas. The identified locations are: Meridian, north of Orient Old Airport Road, south of Kellogg McCormick, east of West Street Maize Road, south of Kellogg The existing crossing material at these locations is in need of replacement and the installation of concrete surface material should enhance both crossing safety and ride quality. Installation would be expected either later this year or in the first quarter of 1997. A street closure agenda item will be submitted when installation is scheduled. The project budget is $50,000. The funding source is General Obligation Bonds. Motion -- Knight moved that the project and the purchase of railroad crossing material from OmniTrax, Inc., Inc. be approved, and the Ordinance be placed on first reading. -- carried Motion carried 7 to 0. ORDINANCE An Ordinance declaring Meridian, north of Orient; Old Airport Road, south of Kellogg; McCormick, east of West Street; and Maize Road, south of Kellogg, (Phase I, 1996 Railroad Program (472-82762) to be main trafficways within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements on said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof and the manner of payment of the same, introduced and under the rules laid over. (Item No. 30) ROCK ROAD IMPROVEMENT ROCK ROAD IMPROVEMENT, FROM THE RAILROAD TRACKS SOUTH OF 45TH STREET NORTH TO 45TH STREET NORTH. (District II) Agenda Report No. 96-282 A. The 1996 Capital Improvement program includes funding to pave Rock Road south of 45th Street North (CIP No. MS-3, page 54). Rock Road is the only through street in the area bounded by Woodlawn, 29th Street North, Webb Road and 45th Street North. It is paved from 29th to the railroad tracks about 1/8 mile south of 45th Street North. Beyond the tracks to the north it is a sand road. The estimated project cost is $175,000. The funding source is General Obligation Bonds. Motion -- Kamen moved that the project be approved and the Ordinance be placed on first -- carried reading. Motion carried 7 to 0. ORDINANCE An Ordinance declaring Rock Road, from 43rd Street North to 45th Street North (472-82700) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements on said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof and the manner of payment of the same, introduced and under the rules laid over. SPECIAL ASSESSMENTS PROPOSED ASSESSMENT ROLLS - PUBLIC HEARING. Proposed Assessment Rolls have been prepared for 39 paving projects, and it is necessary to set a public hearing date. Informal hearing with City personnel will be held September 25, 1996. Motion -- Knight moved that the hearing on the Proposed Assessment Rolls be set for 11:00 a.m., Tuesday, October 8, 1996, and the notices of hearing be published at least once not less than 10 days prior to the date of the hearing. Motion carried -- carried 7 to 0. FIXED ASSET ENHANCEMENT FIXED ASSET ENHANCEMENT. Agenda Report No. 96-735. In 1995, the City purchased a fixed asset software module through KPMG Peat Marwick LLP. The system provides fixed assets according to the hierarchy and detail as required by financial reporting requirements. The Enterprise Funds (water, sewer, golf, storm water, and airport) need additional detail beyond standard reporting requirements. This was contemplated at the time of the purchase and it was determined to wait until further specifications could be written. These specifications have now been written and a modification to the current system is needed. KPMG Peat Marwick LLP will provide the modifications and incorporate the changes into the current system. The cost of the modifications is $12,375. The changes were anticipated and are included in the project budget. Motion -- Knight moved that the enhancements to the Fixed Asset System be approved. Motion -- carried carried 7 to 0. COMPUTER SYSTEM MODIF. MUNICIPAL COURT COMPUTER SYSTEM MODIFICATIONS. Agenda Report No. 96-736. The Municipal Court "Loaned Executive" Task Force, comprising individuals with a knowledge of both the legal system and also of good business and operational practices completed its report in August 1995. The City Manager then directed the formation of internal task teams to address the recommendations presented in the Municipal Court Task Force Report. The City Council was presented with the findings of internal staff teams on March 5, 1996. The internal task team report set forth a series of specific tasks which identified budgetary impacts, required policy/ordinance actions, the current status and the individual responsible for completion of the task. On March 19, 1996, the City Council authorized use of a consultant to study information management in the courts and make recommendations for re-engineering processes to reduce paper flows, increase record reliability and eliminate dual record keeping systems. The initial phase of the consultant's review is complete and the recommendations have been reviewed by the internal task team. In order to complete these recommendations, modification to the Municipal Court computer system are required. Public Research Corporation (PRC), as the City's vendor for the court software, is the only source for services to make these modifications. Some of the modifications to be made at this time include: paperless warrant processing, organization and processing of charges, disposition processing and fee calculation program changes. The expenditure for these services is included in the Municipal Court, public safety initiative budget. The Purchasing Ordinance No. 35-856, Section 2(b) provides for the purchase of equipment and supplies from sole sources of supply without advertising for bids. Motion -- Knight moved that purchase of system maintenance from Public Research Corporation -- carried in the amount of $22,500 be approved. Motion carried 7 to 0. EQUIPMENT PURCHASE PURCHASE RAKE TEETH AND BAR RACKS. Agenda Report No. 96-737. The Water Sewage Treatment Plant requires two sets of rake teeth and bar racks for a raw sewage influence screen. The first two sets of rake teeth and bar rakes were purchased through competitive bid process and received in June 1996 for a raw sewage influence screen. These two sets will complete the remaining second raw sewage influence screen. The earlier bid should have provided for four sets of rake teeth and bar racks; however the bid specifications were not accurately written. FMC Corporation is the only manufacturer of this equipment. FMC manufacturing process has stringent quality controls that include using the finished rake teeth for testing and alignment of the bar rack during its assembly. The rake teeth and bar racks will cost $41,200. There are sufficient funds available in the 1996 budget for the purchase of this equipment. The Purchasing Ordinance No. 35-856, Section 2(b) provides for the purchase of equipment and supplies from sole sources of supply without advertising for bids. Motion -- Knight moved that the purchase of the two sets of rake teeth and bar racks from -- carried FMC Corporation in the amount of $41,200 be approved. Motion carried 7 to 0. CLAIM SETTLEMENT SETTLEMENT OF CLAIM. Agenda Report No. 96-738. On October 5, 1994, Diane Krug was injured when her wheelchair was not properly secured on a bus. After investigation of the claim and extent of the claimed damages, the City determined that a resolution of this matter was appropriate; the risks of trial were considered by all sides. After some discussion, the City has been offered an opportunity to resolve the claim with a lump sum payment of $15,000.00 as full settlement of all her claims. Because of the risks associated with litigation, the Law Department recommends acceptance of the offer. Funding for this settlement payment is from the City's Tort Liability Fund. The Law Department recommends acceptance of the offer of settlement. Motion -- Knight moved that payment of $15,000.00, as a full settlement of all possible claims arising out of the accident which is the subject of the claim, be -- carried authorized. Motion carried 7 to 0. (Item No. 36) LAWSUIT SETTLEMENT SETTLEMENT OF LAWSUIT BETWEEN PARK CITY AND CITY OF WICHITA. (District VI) Motion -- Knight moved that this Item be deferred to allow the Law Department time to -- carried negotiate with Park City. Motion carried 7 to 0. PROPERTY ACQUISITION PAYMENT OF APPRAISERS' AWARD, FEES AND COURT COSTS. (District VI) Agenda Report No. 96-740. On March 8, 1996, the Council authorized the acquisition by eminent domain of four tracts needed for right- of-way in connection with the McLean Realignment project. The properties are owned by Mel Hambelton, Richard Turnbull, James and Sharon Goolsby and Merillee Brown and Sharon Goolsby. Negotiations with the owners for purchase of their interest was unsuccessful. On May 6, 1996, an eminent domain action was filed in the District Court. That proceeding was concluded with the filing of the appraisers' report on August 21, 1996. The appraisers' award for the taking is $ 526,000. In addition to the award, the Court awarded each of the three appraisers the sum of $4,000 each for appraisers' fees. Court costs are to be paid by the City in the amount of $66.50. If the City wishes to acquire this property, it must pay to the Clerk of the District Court the sum of $ 538,066.50 on or before September 20, 1996. This is the amount of the award, plus fees and court costs. The cost of acquiring this property will be financed by the City out of existing funds allocated for the McLean Realignment project. So long as the City must acquire this property for street purposes, it must pay the $ 538.066.50 into the Clerk of the District Court on or before September 20, 1996, or the eminent domain proceeding will be deemed abandoned. Motion -- Knight moved that payment to the Clerk of the District Court of the appraisers' award and related costs and fees for acquisition of four tracts of land in connection with the McLean Realignment project be authorized. Motion carried -- carried 7 to 0. COMP. COMMUNITIES PGM. COMPREHENSIVE COMMUNITIES PROGRAM GRANT-CONTRACT AMENDMENTS. Agenda Report No. 96-741. In April, 1993, the City of Wichita was notified by the U.S. Bureau of Justice Assistance that it was one of the sixteen communities selected to participate in a new, two- phased, competitive grant program entitled the Comprehensive Communities Program (CCP). Phase I of the program provided the City with a $50,000 planning grant to develop comprehensive crime control strategies which require law enforcement and other governmental agencies to work in partnership with the community to develop solutions to identified problems. On February 28, 1995, the Bureau of Justice Assistance and the City Council approved a Phase IIA grant in the total amount of $1,864,649. The grant provides funding for community policing, community mobilization and prevention initiatives, comprehensive gang initiatives, community prosecution and diversion, drug courts with diversion to treatment and community-based alternatives to incarceration. Funding by program component is as follows: Community Mobilization/Prevention $146,550 Comprehensive Gang Initiative $146,551 Community Prosecution/Diversion $146,550 Drug Courts With Diversion $200,000 Community-Based Alternatives $225,000 Community Policing $999,999 Total $1,864,650 The initial term of the grant expired July 31, 1996. The U.S. Department of Justice has approved an extension of the grant term until July 31, 1997. Contract amendments have been prepared to extend the term of the Comprehensive Gang Initiative (Project Freedom Family and Youth Coalition, Inc.), Alternatives to Incarceration (Behavioral Consultant's, Inc.) and drug treatment services for the Neighborhood Municipal Court (Recovery Services Center, Inc.) until March 31, 1997 to permit expenditure of the balance of the grant funds. No local matching funds are required for the grant. There is no change in the grant budgets. Motion -- Knight moved that the Contract Amendments be approved and the Mayor be authorized -- carried to execute. Motion carried 7 to 0. CDBG CONTRACT EXTENSION CDBG CONTRACT EXTENSION - COMMUNITY DEVELOPMENT COALITION. Agenda Report No. 96-742. On June 4, 1996, the City Council approved an additional $12,000 for renovation of the Phyllis Wheatley complex subject to agency compliance with City Council conditions. The Council also approved a contract extension to September 1, 1996. Community Development Coalition has been unable to comply with all conditions established by the City Council, and have requested an additional 30 days in which to comply. Staff recommends 60 days to allow time to prepare and submit construction specifications to the City for bidding by the City's Purchasing Division. Staff also recommends CDBG funds not be released until delinquent property tax is paid or exemption is secured, payroll taxes are paid, the promissory note and mortgage to protect the City's interest is executed, and the independent audit is completed. The contract amount, as amended, of $77,000 will not change. An extension of the contract period is necessary to allow expenditure of the additional $12,000 approved by the City Council. The independent audit is required by the City/CDC contract. Motion -- Knight moved that a contract extension to October 31, 1996, be approved and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. AGREEMENTS AGREEMENT FOR DESIGN SERVICES FOR NORTHRIDGE LAKES ADDITION (District V) Agenda Report No. 96-743. The City Council will consider approval of the plat for the Northridge Lakes Addition development today. The proposed Agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for the design of Lateral 353, Southwest Interceptor Sewer; Storm Water Sewer No. 463; Storm Water Sewer No. 464; Water Distribution System No. 448-88934; and paving Meadow Pass, Meadow Grove, Meadow Pass Courts and sidewalk (east of Tyler, north of 21st). Because PEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $58,000 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. AGREEMENT FOR DESIGN SERVICES FOR THE FOUNTAINS SECOND ADDITION (District II) Agenda Report No. 96-744. The City Council approved The Fountains Second Addition development on June 11, 1996. The proposed Agreement between the City and Poe & Associates of Kansas, Inc. provides for the design of Lift Station and Force Main; Lateral 133, War Industries Sewer; Water Distribution System No. 448-89042; and paving Dowell and 2nd Street, Clay Circle, and Crest Circle (south of Central, east of Greenwich). Because Poe & Associates of Kansas, Inc. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $63,400 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. DESIGN AGREEMENT FOR WATER DISTRIBUTION SYSTEM TO SERVE AN AREA BOUNDED BY MERIDIAN AND THE LITTLE ARKANSAS RIVER, NORTH OF 57TH STREET NORTH. (District VI) Agenda Report No. 96-745. On July 16, 1996, the City Council approved a petition for water distribution system to serve Rio Vista Estates and Rio Vista Estates 2nd and 3rd Additions (east of Meridian, north of 57th Street North). On July 29, 1996, the Staff Screening and Selection Committee selected Moehring & Associates to design the water line. Moehring & Associates will design Water Distribution System No. 448 89062 to serve an area of single- family homes that is located just beyond the Wichita city limits. The signers of the petition also support annexation by the City. Payment to Moehring & Associates will be based on a lump sum total of $20,925 and will be funded by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. SUPPLEMENTAL AGREEMENT FOR WEBB ROAD FROM 29TH TO 39TH STREETS NORTH. Agenda Report No. 96-746. On November 8, 1994, the City Council approved an Agreement with the Kansas Department of Transportation (KDOT) for the City to provide the construction engineering services for Webb Road from 29th to 39th Streets North, and for KDOT to reimburse the City for 80% of the cost which had an upper limit of $163,172. The City had to provide additional inspection services for 18 days when inspection was required but no working days were charged. KDOT has agreed to increase the upper limit of compensation to $167,924 to reimburse the City for the additional work. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. AGREEMENT FOR DESIGN SERVICES FOR COUNTRY MEADOWS WEST ADDITION. (District V) Agenda Report No. 96-747. The Metropolitan Area Planning Commission approved the Country Meadows West Addition on May 16, 1996. The proposed Three-Party Agreement between the City, Interstate Development, Inc. and Professional Engineering Consultants, P.A. (PEC) provides for the design of a water supply line, water distribution system, sanitary sewer, paving and drainage improvements in Country Meadows West Addition (north of Central, west of 119th Street West). Because PEC is providing subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $36,800 and will be paid by Special Assessments. The developer is responsible for payment of the consultant engineering services until certain guarantees and requirements are met. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 1526 SOUTH SENECA (TRACT #1) FOR THE SENECA IMPROVEMENT PROJECT. (District IV) Agenda Report No. 96-748. The South Seneca Improvement Project from Pawnee to McCormick, approved by Council on July 18, 1995, will require seven partial takes of additional right-of-way. One of these tracts is tract #1, which is owned by Robert L. and Betty J. Gill. The property is more accurately described in the attached tract map and legal description. Seneca will be upgraded to a five lane arterial standard. The subject tract contains approximately 280 square feet. Due to the small size of the takings, the estimated value of the properties are minimal. The property owner has agreed to sell the property to the City of Wichita for $700. The 1994 Capital Improvement Program includes $50,000 to acquire the necessary right-of-way for the project along Seneca from Pawnee to McCormick. The funding source is General Obligation Bonds. The budget of $825 includes $700 for acquisition and $125 for closing costs, and title insurance. A budgeted amount of $425 has already been approved for the purchase of one other tract. This will be the second purchase for the project. The remaining tracts needed for the project are in the process of being acquired by eminent domain. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. ACQUISITION OF 4001 AND 4025 E. KELLOGG FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. Agenda Report No. 96-749. In September, 1995, the East Kellogg/Oliver Improvement Project received final approval from the Federal Government. The findings were there was no significant impact on all historic and environmental issues. The City was given permission to begin active acquisition in the corridor at the time of the final approval. There were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. Two of the parcels to be acquired are located at 4001 and 4025 E. Kellogg (Lots 701 to 703 inclusive in Fairfax Addition to Wichita) and is owned by Horst K. Hiller. The property has 34,925 square feet of land and is improved with 11,999 square feet of commercial space in three buildings. The property was appraised at $572,000 and the review appraiser concurred with this value. This amount was offered to the owner. The owner produced comparisons between this property and other acquisitions for the Kellogg project as well as examples of comparable property that justified a negotiated price of $666,000. Since the acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. The subject tract was previously approved for condemnation, but continued negotiations proved successful. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $909,000 includes: $666,000 for acquisition; $10,000 for eventual demolition; $230,000 for relocation; and $3,000 for closing costs, title insurance, etc. Council action has approved $17,781,134 of Local Sales Tax for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisitions on an 80%/20% basis for a total budget of $26,601,134. The total project encompasses 75 acquisitions. Excluding pending Council action, 55 parcels have been acquired, two are under contract, and the rest are in condemnation. Total expenditures to date total $9,726,849. An additional $3,627,798 has been approved for a total encumbrance of $13,354,64747. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. ACQUISITION OF 4242-44 EAST WHITNEY AND 4214-16 EAST WHITNEY LANE. Agenda Report No. 96-750. After the Gould Evans Associates Planeview Neighborhood Redevelopment Strategy was completed several property owners and residents on Whitney Lane and Stearman Court showed high interest in redeveloping these areas. The end result of staff and resident meetings was the Planeview Action Plan. On November 21, 1995, the City Council approved the Planeview Action Plan as a guide to the needed improvements for the Whitney Lane and Stearman Court demonstration areas. Plans have been completed and bids let for the construction of new water and sewer lines. Plans are nearing completion for the construction of parking areas, sidewalks, village entry markers, landscaping, plus the closing of illegal access points, a service road and street repairs. Tract #2 is one of the parcels to be acquired and is located at 4242-44 E. Whitney (Lot 55, Block O, Planeview Sub. No. 1) and is owned by the Litterell Estate. The property has 9,975 sq. ft. of land. Improvements consist of a one-story duplex containing 1,548 sq. ft., each unit has three-bedrooms. The duplex has only one tenant to relocate under the Federal Relocation Assistance Program. A second parcel to be acquired, Tract #3, is located at 4214-16 E. Whitney Lane (Lot 49, except a portion of the NW corner, Block O, Plane View Sub. No. 1) and is owned by Donald F. Hamm. The property has approx. 10,500 sq. ft. of land. Improvements consist of a one-story duplex containing 1,548 sq. ft., with each unit having three-bedrooms. Each unit has a tenant that will be relocated under the Federal Relocation Program. The 4242-44 E. Whitney property was appraised at $16,000 and the review appraiser concurred with this value. The owner has agreed to accept the City's offer. The 4214-16 E. Whitney property was appraised at $24,000 and the review appraiser concurred with this value. The owner has countered at $25,000 and staff recommends approval of the sale. The City has available funds allocated to the Planeview area improvements with use of CDBG funds for acquisition and relocation of tenants. Anticipated costs of $63,000 for acquisition of the two properties include: $41,000 for acquisition, $15,000 relocation of the three tenants, $5,000 for demolition of the two structures, and $2,000 for closing, title insurance, etc. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. ACQUISITION OF RIGHT-OF-WAY FOR MCLEAN REALIGNMENT. (District VI) Agenda Report No. 96-751. The City Engineer identified a need to acquire approximately 725 square feet of street right-of-way from property at 820 W. 2nd Street in connection with the McLean Realignment project. The owner of the property approached the City with a proposal in which he would dedicate the necessary street right-of-way in exchange for the City agreeing to convey to him a similar-sized portion of vacated street right-of-way adjacent to the remainder of his ownership. City staff has determined that the proposed exchange is in the best interests of the City. However, in order for the exchange to take place the property owner must petition for vacation of a portion of Handley and Kiowa Streets. If the vacation is granted the agreement provides that the City would convey to the owner a portion of the vacated streets. The conveyance would be subject to the City's future need to expand the street and/or redevelop the area. In the event that the vacation is not granted the City would proceed to acquire the owner's property through eminent domain. However, the owner has agreed to grant the City a temporary easement which it may use to construct necessary improvements to McLean during the period of time that it takes to consider this vacation and to conclude the eminent domain action, if that is necessary. The City has agreed to waive any costs associated with the vacation request and to pay the costs of generating an ownership list for the vacation proceeding process. The cost associated with waiver of fees and the ownership list will be financed by the City out of existing funds allocated for the McLean Realignment project. Motion -- Knight moved that the Agreement between the owners of property at 820 W. 2nd St. and the City for the acquisition of necessary street right-of-way for the McLean Realignment project be approved and the Mayor and the City Attorney to sign all -- carried documents necessary to close this transaction. Motion carried 7 to 0. PROPERTY DISPOSITION SURPLUS PROPERTY DISPOSITION - INTERSECTION OF 36TH STREET NORTH AND EDWARDS. Agenda Report No. 96-752. These properties are legally described as Lots 1, 2, 3, 4, and 5, Leonard Westbrook Addition; Lot 1, Block A, Meridian Gardens Second Addition; And, Lots 4 and 5, Block B, Meridian Gardens Second Addition. These properties were originally purchased in 1976 for the construction of Interstate 235. The project is completed and it seems that the remaining area of the land is not needed and may be declared as surplus. The original site of Lots 1 through 5, Leonard Westbrook Add. contained approximately 72,369 with only part of lot 5 left after the project. The original site of Lot 1, Blk. A, contained approximately 19,933.89 and the original site of Lots 4 and 5, Blk. B, contained approximately 39,986 square feet. The exact square footage of these sites remaining after the project will need to be determined by a survey; however, it appears that some of these sites may be useful as single family home sites. All City departments and local government entities have been notified and have shown no interest in the property. Since there is no interest in retaining ownership, and because it is costly to maintain, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the general public. The City will receive cash consideration for the sale of the property. The surplus and sale of this property to a private party will place additional value into the tax base. Motion -- Knight moved that the property be declared as surplus and designated as available -- carried for sale to the general public. Motion carried 7 to 0. BRIDGEPORT REDEVELOPER DESIGNATION OF REDEVELOPER - SON CORPORATION,BRIDGEPORT THIRD INDUSTRIAL ADDITION. (District IV) Agenda Report No. 96-753. 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 III. Son Corporation, presently located at 277 N. Hydraulic, is a consultant, designer, manufacturer, and supplier of custom modular buildings. They design and manufacture modular buildings for banks, branch and drive-in banks, school classrooms, office buildings, medical facilities, and franchise facilities. They also design and manufacture custom construction trailers (project offices, similar to those at the downtown convention hotel and ice rink facilities now under construction). They have been providing modular units for over 25 years and are now expanding with national exposure. Son Corporation is proposing to purchase the north 783 ft. of Block 1, Lot 1 of Bridgeport 3rd Industrial Addition for $150,000, or $0.411 per sq. ft. This parcel contains approximately 365,031.78 gross sq. ft., 307,719 sq. ft. usable sq. ft. This acquisition is immediately north of William Nath, Home Oil Company's purchase approved by the Council at its August 5, 1996, Council Meeting. Son Corporation proposes the construction of a 7,500 sq. ft. office building for their corporate headquarters for all Son personnel. Son will also construct a 6,000 sq. ft. manufacturing facility they anticipate will be expanded to a 15,000 sq. ft. facility within two years of completion of the first facility. The manufacturing facility will be used in the manufacturing of construction trailers and modular buildings. They expect to hire 20 additional workers over the next few years as a result of their proposed expansion. The following are all the sales made in the Bridgeport III addition: Buyer: William Nath, Home Oil Company Size - Sq.Ft. Price/Sq.Ft. Location Total Usable Total Usable Date N 802' Blk 2 373,266 261,360 $.191 $.2725 2/82 N 100' S 543' Blk 2 46,602 36,500 $.196 $.25 12/86 S 443' Blk 2 206,438 125,285 $.151 $.25 5/87 N 730' Blk 3 457,710 457,710 $.35 $.35 5/90 S 500' Blk 1 233,000 196,500 $.40 $.47 8/96 Besides the above, only two other small sales have occurred in Bridgeport III. These are detailed below: Size - Sq.Ft. Price/Sq.Ft. Buyer Total Usable Total Usable Date Diamond Properties 53,380 53,380 $.215 $.215 10/85 Wichita Water Dept. 53,380 53,380 $.35 $.35 2/95 This parcel has been advertised to the public with no other offers received. Son Corporation is proposing to purchase the north 783 ft. feet of Block 1, Lot 1 of Bridgeport III or approximately 365,031 sq. ft., (8.38 acres). This acquisition is immediately north of the recent Nath sale and will be used as the site of a new corporate office and manufacturing facility for Son Corporation. This new construction will allow the company to consolidate its facilities to one site. As part of the transaction, Son Corporation has requested that the City indemnify them against existing environmental problems. Son Corporation, as a condition of sale, agrees not to request a tax abatement/exemption as a result of their proposed expansion. (First year estimated taxes exempted would amount to $14,301.) The sale price $150,000 equates to $.411 per square foot which is $.06 above the listed asking price of the parcel. The site is impacted by a large drainage easement along the west boundary. The price per usable square foot is $.49. A six percent commission will be paid out of the proceeds. In addition, the purchaser has agreed to assume the existing special assessments. Outstanding specials at closing are estimated to be $24,979.23. 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 -- Knight moved that the Contract be approved; and the Mayor be authorized to sign -- carried the necessary documents. PLANNING AGENDA V-1970 PUBLIC HEARING V-1970 - REQUEST TO VACATE AN ALLEY LOCATED IN AN AREA SOUTH OF ZIMMERLY AND WEST OF WASHINGTON. (District VI) Agenda Report No. 96-754. Staff Recommendation: Approve vacation. MAPC Recommendation: Approve vacation. Marvin Krout Director of Planning reviewed the Item for the City Council. Document Covenant from Elds S. Slater Living Trust and Bonanza Investments for Lots 3, 4, 5, and 6, Perry's Addition - right to drive across vacated alley right-of-way. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Cole moved that the public hearing be closed, the vacation and Covenant be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the Covenant be recorded with the Register of -- carried Deeds. Motion carried 7 to 0. V-1977 PUBLIC HEARING V-1977 - REQUEST TO VACATE A UTILITY EASEMENT LOCATED IN AN AREA NORTH OF DOUGLAS AND EAST OF HILLSIDE. (District II) Agenda Report No. 96-755. Staff Recommendation: Approve vacation. MAPC Recommendation: Approve vacation. The applicant, Grace Presbyterian Church, is requesting the vacation of a utility easement to allow for a building expansion. A new sewer easement has been dedicated to accommodate the new development. Since certain lots on the site will no longer have direct access to a sewer line, the applicant was required and has provided a restrictive covenant that ties the lots together such that no lot(s) can be sold separately unless sewer is again made directly available. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. Documents Utility Easement and Restrictive Covenant from Grace Presbyterian Church (Parts Lots 6, 7, 8, 9, 10, and 11, Block 1; and Lots 1 through 11, Block 2, Strieff Place Addition). Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Council Member Rogers left the Bench. Motion -- Kamen moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, the documents be received and filed, and a certified copy of the Order and the Restrictive Covenant be recorded with the Register of Deeds. Motion carried -- carried 6 to 0. (Rogers absent) Z-3206/CU-409 Z-3206 - ZONE CHANGE REQUEST FROM 'TF-3' TWO FAMILY DWELLING TO 'LC' LIMITED COMMERCIAL; AND CU-409 - CONDITIONAL USE TO ALLOW OUTDOOR VEHICLE SALES. (District II) Agenda Report No. 96-756. Staff Recommendation: Approve, subject to conditions. MAPC Recommendation: Approve, subject to conditions. CPO Recommendation: Approve. The applicant requests a zone change from "TF-3" Two-Family Residential to "LC" Limited Commercial on Lot 24 and the south 1/2 of Lot 25, Block 1, Beverly Manor Addition (approximately 0.23). The applicant is also requesting a Conditional Use to allow outdoor vehicle sales on the expanded Davis-Moore site (approximately 1.74 acres). The areas to the north and east are predominately commercial in nature with "LC" zoning, while the areas to the south and west, zoned "TF-3," remain basically residential in character. The proposed expansion of the sales lot is to the south along Edgemoor. The existing sales lot was established through a series of rezonings and use exceptions. The conditions established in the use exception cases will be retained in the applicant's Conditional Use. Of particular interest is the extension of the landscaping requirements to the south along Edgemoor, as well as the extension of the screening fence and landscape buffer between the expanded lot and the residential property to the south. Concerns over how the Kellogg expansion would affect this proposal were expressed by a citizen during the C.P.O. meeting. After discussion, the C.P.O. voted 6-0 to approve the request as recommended by staff. During the Planning Commission's discussion of this matter, the agent for the applicant discussed the need to expand the car lot. It was noted that conditions of the old Board of Zoning Appeals use exception placed on the current sales lot were being retained for the expanded lot. After discussion, the MAPC voted (8-0) to approve the request as recommended by staff. Marvin Krout Director of Planning reviewed the Item. Motion -- Kamen moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 6 to 0. (Rogers absent) SCZ-0719/DP-225 SCZ-0719 - ZONE CHANGE REQUEST FROM 'SF-20' SINGLE FAMILY DISTRICT TO 'LC' LIGHT COMMERCIAL DISTRICT; AND DP-225 - REQUEST BY AUBURN HILLS, INC. FOR A COMMERCIAL COMMUNITY UNIT PLAN LOCATED AT THE SOUTHWEST CORNER OF MAPLE AND 135TH STREET WEST. (District III) Agenda Report No. 96-757. Staff Recommendation: Approve, subject to platting. MAPC Recommendation: Approve, subject to platting. The applicant requests a zone change for 6 acres from 'SF-20' Single-Family Residential to 'LC' Limited Commercial with an associated 6.37 acre Commercial Community Unit Plan (CUP), located on an unplatted tract of land at the southwest corner of 135th Street West and Maple. There is a 0.37 acre reserve, to be used as a landscape buffer, measuring 20 ft. deep along the southern boundary of the site that is not included in the rezoning. Although this case was filed when the property was located in the County, the owner requested to be annexed, the Council approved that request, and the annexation ordinance has been published. The application area is currently undeveloped and used for agricultural purposes. The surrounding area to the north, west, and south is predominately zoned 'SF-20' with agricultural uses to the north and south. To the northeast of the application area is a horse stable on property zoned 'SF- 20'. The 12-acre Auburn Hills Commercial CUP is located at the southeast corner of this intersection, and there is a 3-acre parcel that has recently been approved by the County Commission for 'GO' General Office zoning on the northwest corner of this intersection. The CUP shows development occurring on 6 net acres divided among 2 parcels ranging in size from 5.3 to 0.7 acres. Proposed uses for the 2 parcels include all uses allowed in the 'LC' Limited Commercial district except private clubs, adult entertainment establishments, drinking establishments, group homes, group residential, halfway houses, and correctional placement residences. Restaurants that serve liquor can be developed and may serve liquor, as long as food is the primary service of that establishment. Furthermore, no restaurant with drive-in or drive-through service, no convenience stores, no service stations, no car washes, and no overhead doors for auto supply or services uses are permitted within 150 feet of residential zoned areas. The maximum gross floor area permitted by the proposed CUP is 91,630 square feet, which could be developed with as many as 4 buildings. A six foot solid masonry wall will be constructed along the west and south property line where adjacent to residential zoning. All buildings would have consistent architectural design and exterior building materials. Other issues addressed by the development plan include: drainage, parking, special lighting and signage restrictions, screening of roof top equipment and trash receptacles, guarantees for street improvements, landscape buffers, access control, and a pedestrian walkway system. Because staff expected this case to be decided by the city Council, it was referred to CPO 5 for comments. They chose only to receive and file the staff report. During the Planning Commission's discussion of this matter, the agent for the applicant spoke on the development plan. After discussion, the MAPC voted (9-0) to approve the request as recommended by staff. Council Member Rogers present. Marvin Krout Director of Planning reviewed the Item. The Director of Planning said the Planning Commission heard the case, there was no opposition, and the Planning Commission vote was unanimous in favor. The Chair of the Planning Commission noted how nice it was that a case like this, after previous controversy over property nearby several months ago, could go through would no opposition from the neighborhood and no issues to deal with from the developer because there was a set of policy guidelines to deal from. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 7 to 0. RECESS The City Council recessed at 10:58 a.m. and returned at 11:13 a.m. (The Council proceeded to take up time certain Item No. 6 and action is shown with the Item in Agenda order.) EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending and potential litigation, legal advice, and contract negotiations; and the regular meeting be resumed no later than 1:25 p.m. -- carried in the City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 12:17 p.m. and reconvened in regular session at 1:20 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 1:20 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 162 SEPTEMBER 10, 1996 Page 3