MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, July 21, 1998 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Gale, Lambke, Rogers; present. *Council Members Cole, Ferris, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Dee Dee Evans, Hospice, Inc. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- approved The minutes of the regular meeting of July 14, 1998, were approved 4 to 0. (Cole, Ferris, Kamen; absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. SERVICE CITATIONS Mayor Knight presented the Distinguished Service Citations to those present. PUBLIC AGENDA COMMENTS BY DAVID DENNIS. David Dennis David Dennis, 206 Alvena Street, spoke regarding the condition the property along 47th Street South was left in following the 47th Street South expansion project. Mr. Dennis said residents in the area have tried for over one and one-half years to have the property restored to their satisfaction but to no avail. However; following a meeting on July 20, 1998, with the Director of Public Works, Mr. Dennis said it appears the City is going to address the problem. Mr. Dennis requested that he be allowed to see the guidelines under which the Public Works Department is operated, and to see the contract for the project. Mayor Knight Mayor Knight said the City would try to correct the Problem and that he hoped the information requested would be provided. NEW BUSINESS MENNONITE HOUSING WAIVER MENNONITE HOUSING SERVICES INC. - REQUEST FOR WAIVER. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-646. In December, 1997, the City issued a funding application for 1998/99 HOME and Emergency Shelter Grant funds. Applications were accepted for City-wide projects. In January, 1998, Mennonite Housing submitted a request for $250,000 in 1998/99 HOME funds for a proposed Home Ownership project. On March 17, 1998 based upon the recommendation of the Grants Review Committee, the City Council approved the Consolidated Plan funding, including a HOME grant in the amount of $117,200 for the Mennonite Home Ownership project. In taking action on funding under the HUD consolidated funding allocations, the City Council also targeted 1998/99 CDBG and HOME funds to Local Investment Areas as a part of the adopted Neighborhood Revitalization Plan. On June 15, 1998, Mennonite Housing requested staff grant a waiver of the targeting of 1998/99 HOME funds for its proposed Home Ownership project. This proposed 13-lot site located near Maple and Tyler (actually Maybelle and University) is not located in the Revitalization Plan’s Local Investment Area. Mennonite Housing is requesting a waiver of the Council’s policy on the use of grant funding because it submitted its project application prior to Council action on the Consolidated Plan allocations, and the adopted Revitalization Plan policy of using CDBG and HOME funding within targeted areas only. In support of its request for a waiver, Tom Bishop, from Mennonite Housing, contends that its HOME application included references to the use of donated land (for an unspecified location) for the HOME project. This information has been verified by staff. Mennonite Housing also contends the location of the site near Maple and Tyler was disclosed during the application process. This information cannot be verified by staff. The information provided to the City Council on July 7, 1998, by Mennonite Housing listing $117,000 in HOME funds for the University and Maybelle site could have only been known after the City Council allocated HOME funds on March 17, 1998. The original Mennonite Housing request for this project was $250,000. The City’s original request (RFP) for funding applications contained no designated areas. When the funding application was issued and applications accepted, the City Council had not yet approved the Neighborhood Revitalization Plan targeting CDBG and HOME funds to the Local Investment Areas. Inasmuch as the original application process did not disclose specific targeted locations, the Mennonite proposal met the original intent of the Request for Proposals. The site in question is near Maple and Tyler. Although located outside of the Local Investment Areas, it does meet the goal of providing affordable housing to low/moderate income families and provide private match required by the HOME funding requirements. Because of the circumstances surrounding this funding cycle, a one-time waiver of the Revitalization Plan could be granted, if desired, without a detrimental impact to the 1998-99 Neighborhood Revitalization Program. If the waiver is granted, the proposed action has no effect on the HOME funding. If the waiver is denied, the City will have to seek other private match to meet the HOME requirements. Mennonite Housing has received prior funding under the HOME program, including: 1997/98 1998/99 Minor Home Repair $250,000 ## Credit Counseling $ 15,000 ## Home Ownership $117,200(*) Total $265,000 (*) Program pending on action of waiver. ## Not yet determined Council Member Cole Council Member Cole said she hoped MHS would make an effort to look for land in the target areas and that there would be no deviation from policy. Tom Bishop Tom Bishop, MHS, said most of the MHA projects are in the target areas. Only thirteen sites would be at the Maybelle and Tyler site. Thirty-three of the sites will be in other areas within the targeted area. The original guidelines did not specify target area and the submittal was not in the target area. MHS has about $50,000 invested, or borrowed, on the site. If the plat has not been filed, MHS will try to sell the property and recoup its investment. People needing help are not only in one part of town. A donor came to MHS with the property. The location is bordered by older houses, multi-family residences, and commercial property, and is, by HUD definition, an infill site. HUD was also raising points for donated land. The land has been listed with Weigand as commercial and was on the market for eight months with no activity, inquiries, or interest. No market study on the feasibility of the project has been done for this property. All concerns that have been expressed by neighbors and groups has been mitigated when the plan is for single family homes. An appraisal of $250,000 was done for the purpose of the donor. The market value is probably about in the $125,000 to $150,000 range. Council Member Rogers Council Member Rogers stated that a lot of work and time went into establishment of geographical parameters. The parameters should not be taken lightly. The need for services is in the prioritized areas. Council Member Lambke Council Member Lambke stated that the project was advanced before the target boundaries were established. This could be looked at as a one- time waiver. There is a need for affordable housing in all sections of the City. Motion -- Cole moved that the $117,200 Grant, for new construction or rehabilitation, to Mennonite Housing Services, Inc., be approved; that, as soon as possible, Staff work with Mennonite Housing Services, Inc., to assemble a site within the revitalization area; and that this Item be returned to the City council within two -- carried weeks. Motion carried 7 to 0. 21ST. STREET NORTH IMP. 21ST STREET NORTH IMPROVEMENTS, FROM WEBB ROAD TO ½ MILE EAST OF WEBB ROAD. (District II) Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 98-647. On February 3, 1998, the City Council approved a project to improve 21st Street, east of Webb Road. The project will upgrade 21st Street to a five lane roadway consisting of four through lanes and a center left turn lane. It will connect to a County project that continues the five lane roadway to the K-96 Freeway. Koch Materials Company has proposed to use 21st Street as a demonstration project for a new asphaltic concrete product that it has developed. Koch has offered to manage the project under a design/build contract, using a local design engineer and construction company. The Koch Materials Company calls its new product “Performance Roads.” Koch has suggested two alternatives; both providing for a complete design/build “turnkey” project. Alternate 1 provides for a 15 year warranty, whereby Koch will provide any routine or major roadway maintenance for 5 years, excluding such normal operating and maintenance items as street sweeping, show removal, etc. Alternate 2 provides the same roadway with a 2-year warranty. Koch believes that its completed project will significantly out perform and last longer than the City’s conventionally built projects. However, this additional performance comes at an increased initial cost, which is estimated to be approximately $100,000 for the 2 year warranty project and $180,000 for the 15 year warranty project. Contractors constructing projects under the City’s current specifications are required to provide a 2 year warranty. Staff also believes that the Koch asphalt will produce a superior product compared to the City’s standard asphalt mixes and supports this proposal as a test project. The General Obligation (GO) bond budget established for this project is $800,000. Three petitioned projects to provide deceleration and left turn lanes to serve developing adjacent properties have previously established Special Assessments (SA) budgets totaling $120,490. Combining the four projects, provides for a total budget of $920,490. Koch has proposed a total cost of $918,450 for the 15 year warranty alternate, and $839,400 for the 2 year warranty alternate. Both amounts are within the available budgets. A proposal has been made to use 21st Street as a demonstration project for a new asphaltic concrete product with a guaranteed life cycle. Steve Lackey Director of Public Works, responding to questions, said that, due to the fact that this is a newly developing are, more axle loadings that usual will occur and there will probably be a reduced warranty period. If the price of oil goes up, the warranty period could also decrease. There are other factors, besides axle load. Staff felt it was not worth the additional funds required for a 15-year warranty. Mayor Knight Mayor Knight inquired whether anyone wished to be heard. Mr. Whitmer Mr. Whitmer said it was his contention that, for fair and competitiveness, this matter should be opened up as a low-bid project. His firm did not have an opportunity to bid on the project. Mr. Whitmer stated that he did not know how the City could establish a private alliance with public funds, or how the City could eliminate the low-bid process. His firm has a product which would also eliminate ruts and provide a smooth surface. The firm has a completed project in Pratt, Kansas, that has been in place for over 43 years and is just now having to be replaced. Council Member Ferris Council Member Ferris stated that the City would have other projects that would be candidates for Mr. Whitmer’s product. A project could be done matching the Whitmer and Koch systems. Steve Lackey Public Works Director said a project could be done with two designs, one for concrete and one for asphalt. This project was designed for asphalt. Council Member Kamen Council Member Kamen suggested that future bid specifications might need to be changed to allow different values for warranties. Hopefully, specifications will be changed to allow warranty experiments by establishing a value on warranties. Motion -- Kamen Moved that the Design/Build Project with Koch Materials Company be approved; and Staff be authorized to negotiate the Contract for a two- year warranty, and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. CONST N.E. SEWER MAIN CONSTRUCTION OF PHASE I OF NORTHEAST SEWER MAIN ON THE WAR INDUSTRIES INTERCEPTOR. (District II) David Warren Director of Water and Sewer reviewed the Item. Agenda Report No. 98-648. On June 18, 1996, the City Council approved the expansion of the urban growth/service area to include an area generally east of Webb Road to 127th Street East and from north of 17th Street North to 29th Street North and authorized staff to include that area in planning sewer improvements. On February 3, 1998, the City Council approved a contract with Mid-Kansas Engineering Consultants to develop a NE Sewer Service Area Master Plan and to design certain improvements to serve this area. The rapid development in northeast Wichita has created the need for sewer facilities to serve an area beyond what had been envisioned some years ago. The City and County are currently jointly participating in a project to widen Greenwich Road, from Kellogg to Central. The NE Sewer Master Plan which is nearly complete calls for the construction of a sewer force main in Greenwich from north of 13th Street North to Kellogg and then west to tie into a 30" gravity sewer interceptor. To avoid having to destroy new paving, the Department recommends that the City proceed to install the sewer force main in Greenwich from just north of Central to Kellogg. To avoid the conflict, this work must be done immediately. Because this construction will take place prior to plans being 100% complete and prior to a “Public Hearing” for the entire Northeast Sewer Main project, staff recommends that the City Council order in the improvements and authorize spreading the assessment for the same under the City’s main sewer policy against the improvement district that will be formed when all the main sewer improvements are completed for this area. Staff anticipates that the NE Sewer Master Plan will be presented to the City Council in the near future. Funding for the Northeast Sewer Main (Phase I) will be funded by Capital Improvement Project S-5 (Mains for Future Development), budgeted for $1.0 million in 1998 from revenue bond proceeds and/or utility cash reserves. This project, according to City policy, will be assessed 50% to an improvement district, and 50% by the Sewer Utility. CIP project S-5 was approved by the City Council on January 6, 1998. The estimated cost of this portion of the sewer force main is $200,000. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion -- Kamen moved that construction of Phase I of Northeast Sewer Main and the Notice -- carried of Intent be approved; and the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-98-318 A Resolution of the City of Wichita, Kansas, declaring it necessary to construct, reconstruct, alter, repair, improve, extend, and enlarge the Water and Sewer Utility owned and operated by the City, and to issue revenue bonds in a total principal amount which shall not exceed $1 million, exclusive of financing costs, for the purpose of paying certain costs thereof, and providing for the giving of notice of such intention in the manner required by law, presented. Kamen moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. HUD GRANT APPLICATION HUD ECONOMIC DEVELOPMENT INITIATIVES GRANT APPLICATION. Tom Smith Grants in Aid Coordinator reviewed the Item. Council Member Kamen momentarily absent. Agenda Report No. 98-649. On April 30, 1998, the U.S. Department of Housing and Urban Development (HUD) issued a request for applications for a $38 million Economic Development Initiatives (EDI) program under Section 108 of the Housing and Community Development Act of 1974, as amended. CDBG entitlement cities are eligible to apply for a portion of these funds under a national competition. EDI funds are to be used for an economic development project that increases economic opportunity for low and moderate income persons and that stimulates or retains businesses or jobs that would lead to economic revitalization. The Economic Development Initiatives/Section 108 loan program was a proposed feature of the Neighborhood Revitalization Plan approved by the City Council on June 2, 1998. Applications for EDI funds are due in Washington by July 30, 1998 The City has prepared an EDI grant application whose purpose is to remove barriers to capital formation by small and minority businesses in the Neighborhood Revitalization Areas by providing HUD Section 108 Loans to existing and start up small and minority businesses that would not otherwise receive commercial loans while encouraging commercial lenders to make more loans in the Neighborhood Revitalization Areas. The City is requesting $1 million in EDI grant funds from HUD and leveraging it three to one with Section 108 Loans to provide total City funding of $4 million. Private financial institutions will be required to match City Section 108 funding. This is depicted in the following sources and uses of funds table. SOURCES AMOUNT USES Hud Economic Development $1,000,000 $750,000- Loan Loss Reserve Initiatives Grant $182m599-Interest Payments $ 67,500-Issuance Fees HUD Section 108 Loan $3,000,000 Loans to Small Businesses Private Bank Financing $6,000,000 Loans to Small Businesses Using marketing material prepared jointly by the City and lenders, four “grass roots” economic development organizations will provide intake, education, and assist with business plan development and loan servicing. Applications will be screened by a joint loan committee comprised of the lenders and the City. Loans approved by the screening committee will be presented to HUD and the participating lender for final approval. It anticipated most loans will be funded with a combination of Section 108 Loan proceeds (30%) and a commercial loan (60%), with a 10% borrower down payment required. Participating lenders will be responsible for performing the loan underwriting on a rotational basis, subject to City Council approved lending policies. Loans will be available for retail, service and manufacturing for both start up and existing small businesses. No additional City staff will be required to operate the program. The program will be operated by a consortium of public and private agencies in a public/private partnership with the City. The consortium includes: Nations Bank, Emprise Bank, Intrust Bank, South Central Kansas Economic Development District, Kansas Minority Business Development Council, Wichita State University Small Business Development Center and the Wichita Technology Center. The Small Business Administration will provide loan guarantees and the “Blue Card” welfare-to-work program and Wichita State University Center for Business and Economic Research and Hugo Wall Center for Urban Studies will perform an outcome evaluation of the program. The City is requesting an EDI grant in the amount of $1 million to serve as a loan loss reserve to protect the City’s Section 108 loans (totaling $3 million), pay interest on the Section 108 loan and pay for loan issuance costs. In addition to standard loan security features, the Section 108 loans are secured by the City’s future CDBG allocations. In the event there is a default, to the extent the loan cannot be repaid from loan collateral and EDI loan loss reserves, the HUD Section 108 loan repayments will be automatically recovered by HUD from the City’s next CDBG allocation. The City must pledge its future CDBG allocations as collateral for the Section 108 loans. The City has secured letters of financial commitment from the financial institutions and letters of agreement from the economic development agencies. If the grant is approved, formal contracts would be developed with each partner. Council Member Rogers Council Member Rogers stated that he believed the funds generated from this ought to be targeted 100 percent towards those they are intended to assist. Mayor Knight Mayor Knight inquired whether anyone wished to be heard. Janet Lloyd Williams Janet Lloyd Williams, Vice President of Intrust Bank, said the project will increase economic opportunity for low and moderate income persons who would have no other opportunity for equity. Steve Hastings Steve Hastings, NationsBank, spoke in favor of the program which would enable economic opportunity for low and moderate income persons. Motion -- Rogers moved that the grant application be approved and the City Manager be authorized to sign the necessary documents and receive funds. Motion -- carried carried 7 to 0. 1999-2000 BUDGET PUBLIC COMMENT ON THE 1999-2000 BUDGET. Mayor Knight Mayor Knight inquired whether anyone wished to speak. Karl Peterjohn Karl Peterjohn expressed appreciation that there is no mill levy increase this year. Mr. Peterjohn stated that he noticed a doubling of the Property Management Budget and wondered why the increase spike. Mr. Peterjohn also said there is a potential for increasing water and sewer rates and urged the council to look into the matter carefully. Motion -- carried Knight moved that the comments be taken under advisement. Motion carried 7 to 0. (The following Item was taken up later in the meeting. Action is shown in Agenda order.) GO NOTE AND BOND SALE GENERAL OBLIGATION TEMPORARY NOTE SALE (SERIES 196 AND 197); GENERAL OBLIGATION BOND SALE (SERIES 752 AND 753). Ray Trail Director of Finance reviewed the Item and read the recommended bids. Agenda Report No. 98-650. The City offered for sale two series of General Obligation Temporary Notes totaling $29,792,000 and two series of General Obligation Bonds totaling $27,340,000 for the purpose of providing temporary and permanent financing for duly authorized capital improvement projects of the City. The proceeds of Series 196 Temporary Notes will be used to provide interim financing for various City-at-large and improvement district projects. The proceeds of Series 197 Taxable Temporary Notes will provide financing for the Hotel at Old Town as well as financing for the Ice Rink Facility. The proceeds of the Series 753 Bonds will be used to permanently finance various City-at-large capital improvement projects. The proceeds of the Series 752 Bonds will be used to permanently finance various neighborhood improvements located in special improvement districts. Sealed bids were accepted until 10:30 a.m. CST at the City Council Office, at which time the bids were publicly opened. No bids were accepted after the 10:30 a.m. deadline. The bids were verified, tabulated and presented to the City Council at 11:00 a.m. By law, the City must award the sale of the bonds and notes to the bidder whose proposed interest rates result in the lowest net interest cost to the City. Series 196 Temporary Notes will mature February 25, 1999 and will be retired using the proceeds of both permanent financing bonds and renewal notes issued at that time. Series 197 Taxable Temporary Notes will mature on February 25, 1999 and will be retired using cash and renewal notes. Series 753 Bonds will mature over ten years and will be paid from the citywide mill levy for debt service and the revenues accruing to various City enterprise funds. Series 752 Bonds will mature serially over fifteen years and will be paid from special assessments that are levied against benefitted property. Series 752 and 753 Bonds will be callable in 2005 and 2003, respectively, with a 1% call premium, in accordance with the City’s debt management policy. Bond Counsel reviewed and approved the bids. The low bids were as follows: G.O. Improvement Temporary Notes, Series 196 ($20,700,000) Zions 3.627865% Net Average Interest Rate Total Interest Cost to Maturity at Rate Specified $409,400.02 Less Premium 38,088.00 Net Interest Cost to Maturity $371,312.02 Taxable G.O. Improvement Temporary Notes, Series 197 ($9,092,000) Zions 5.725735% Net Average Interest Rate Total Interest Cost to Maturity at Rate Specified $258,490.61 Less Premium 1,091.04 Net Interest Cost to Maturity $257,399.57 G.O. Bonds - Special Assessments, Series 752 ($17,040,000) Salomon Smith Barney 4.674157% Net Average Interest Rate Total Interest Cost to Maturity at Rate Specified $7,252,185.21 Less Premium - 0 - Net Interest Cost to Maturity $7,252,185.21 G.O. Bonds - General Obligation, Series 753 ($10,300,000) Prudential 4.398% Net Average Interest Rate Total Interest Cost to Maturity at Rate Specified $2,642,465.00 Less Premium - 0 - Net Interest Cost to Maturity $2,642,465.00 Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion -- Knight moved that the Declarations of Emergency be approved and the Mayor be authorized to sign; and the Ordinances be placed on their passage and adopted on the date of introduction, all in accordance with K.S.A. 12-3001. Motion carried -- carried 7 to 0. ORDINANCE NO. 43-927 An Ordinance authorizing and providing for the issuance of General Obligation Renewal and Improvement Temporary Notes, Series 196, of the City of Wichita, Kansas, in the total principal amount of $20,700,000, for the purpose of providing the necessary funds to renew a portion of the principal amount of temporary notes previously issued for the interim financing of costs in connection with previously commenced capital improvements in the City, and for the interim financing of costs in connection with newly commenced capital improvements in the City; prescribing the terms and details of the notes; providing for the payment of the principal of and the interest on the notes; and making certain other covenants and agreements with respect thereto. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-928 An Ordinance authorizing and providing for the issuance of Taxable General Obligation Renewal and Improvement Temporary Notes, Series 197, of the City of Wichita, Kansas, in the total principal amount of $9,092,000, for the purpose of providing the necessary funds to renew a portion of the principal amount of temporary notes previously issued for the interim financing of costs in connection with previously commenced capital improvements in the City, and for the interim financing of costs in connection with newly commenced capital improvements in the City; prescribing the terms and details of the notes; providing for the payment of the principal of and the interest on the notes; and making certain other covenants and agreements with respect thereto. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-929 An Ordinance authorizing and providing for the issuance of General Obligation Bonds, Series 752, of the City of Wichita, Kansas, in the total principal amount of $17,040,000, for the purpose of providing the necessary funds to pay costs in connection with the making of capital improvements in the City; prescribing the terms and details of the bonds; providing for the levy and collection of an annual tax for the purpose of providing for the payment of the principal of and interest on the bonds as it becomes due and payable; and making certain other covenants and agreements with respect to the bonds. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-930 An Ordinance authorizing and providing for the issuance of General Obligation Bonds, Series 753, of the City of Wichita, Kansas, in the total principal amount of $10,300,000, for the purpose of providing the necessary funds to pay costs in connection with the making of capital improvements in the City; prescribing the terms and details of the bonds; providing for the levy and collection of an annual tax for the purpose of providing for the payment of the principal of and interest on the bonds as it becomes due and payable; and making certain other covenants and agreements with respect to the bonds. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Council Member Rogers left the Bench. CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENTS OF COMMISSION OF ELECTORS. Two appointments are in order. (Cole, Ferris) Motion -- Cole appointed Sharon Fearey and moved that the appointment be approved. Motion -- carried carried 6 to 0. (Rogers absent) Council Member Kamen stated that his previous appointment would be unable to serve. Motion -- Kamen appointed James Ruane and moved that the appointment be approved. Motion -- carried carried 6 to 0. (Rogers absent) Motion -- Ferris appointed Bob Burton and moved that the appointment be approved. Motion -- carried carried 6 to 0. (Rogers absent) BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999). Civil Rights and Services Board (Rogers) Commission on the Status of People with Disabilities (Cole) Human Services Board (Council at large) Police & Fire Retirement Board of Trustees (Rogers) Sister Cities Advisory Board (Rogers) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (7 appointments - Knight, Gale, 2- Ferris, 2-Lambke, Rogers) There were no appointments made. VACANCIES NOTICES OF VACANCIES - COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. Two vacancies (Knight, Kamen), due to the nonattendance of Jacqueline Miller and Verne Thornton, for a term expiring June 30, 1999. The appointments will be made August 4, 1998. NOTICE OF VACANCY - WICHITA/SEDGWICK COUNTY ALCOHOL AND DRUG ABUSE ADVISORY BOARD. One vacancy (Council at large), due to the resignation of Helen Cochran, for a term expiring June 30, 1999. Motion -- Cole moved that Nile Dilmore be appointed and the appointment be approved. Motion -- carried carried 6 to 0. (Rogers absent) NOTICE OF VACANCY - CONVENTION AND TOURISM COMMITTEE. One vacancy (Ferris), due to the resignation of Dick Bortz, for a term expiring June 30, 1999. The appointment will be made August 4, 1998. PROCLAMATIONS Proclamations. Wichita Neighborhoods Say Thanks Day. Motion -- carried Knight moved that the Proclamation be authorized. Motion carried 6 to 0. (Rogers absent) CONSENT AGENDA Knight moved that the Consent Agenda, except Items 16a and 24 be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Rogers absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JULY 20, 1998. Bids were opened July 17, 1998 pursuant to advertisements published on: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains as per specifications 1998 Sanitary Sewer Reconstruction Program - Phase Three (north of Central between Seneca and Oliver). (468-82857/620104/533362) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-6-98) (Districts I and VI) WB Carter Construction Co., Inc. - $166,000.00 (Engineer’s Construction Estimate) Storm Water Sewer #500 to serve Prairie Woods Second Addition (north of Pawnee, west of Maize Road). (468-82823/751164/485151) Does not affect existing traffic. (Council approval date 04-14-98) (District Duling Construction Co., Inc. - $83,645,00 Anna from Walker to Irving to serve West 54 Industrial Addition (west of West Street, south of Kellogg). (472-82914/764811/490583) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3- 3-98) (District (IV) Cornejo & Sons - $114,661.25 Landscaping for McLean and Second Street (472-82586/706168/405170) Traffic to be maintained through construction. (Council approval date 5-9-95) (District VI) Seeder’s Inc. - $29,973.00 Water Distribution System to serve Auburn Hills Fifth Addition (north of Kellogg, east of 151st Street West). (448-89234/734541) Mies Construction Co., Inc. - $133,770.00 Water Distribution System to serve Tara Falls Addition (south of Harry, west of 127th Street East). (448-89270/734590) HD Mills & Sons - $71,008.00 Water Distribution System to serve Smithmoor Seventh Addition (south of Harry, east of Webb). (448-89193/734525) Mies Construction Co., Inc. - $16,125.50 Bayview Street and Sandkey Street from the north line of Keywest to the north line of Lot 25, Block 1; Sandkey Courts adjacent to Lots 8 through 19, Block 4, and adjacent to Lots 22 through 34, Block 4; Harborside Drive from the south line of the Moorings North Addition to the north line of Lot 1, Block 2, Moorings North Addition; Bayview Court adjacent to Lots 11 through 25, Block 1 to serve Moorings North Addition (west of Meridian, south of 53rd Street North). (472- 82979/764654) Cornejo & Sons - $729,355.10 Lateral 9, Main 16, Southwest Interceptor Sewer to serve Horseshoe Lake Second Addition (north of 21st, west of Hoover). (468-82848/743559/ 480446) Does not affect existing traffic. (Council approval date 6-2-98) (District V) Utility Contractors - $129,500,00 (Engineer’s Construction Estimate) 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 6 to 0. (Rogers absent) Wichita Transit: Storage, Administration and Maintenance Facility Conco, Inc. - $6,289,000 (Base Bid) $ 37,000 (Alternate # 1) $ 45,500 (Alternate # 4) $122,200 (Alternate # 8) $ 74,200 (Alternate #11) $ 10,600 (Alternate #14) $ 11,000 (Alternate #16) $ 2,700 (Alternate #17) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Century II Interior Signage - Phase III(791293) Mid America Graphics Inc. - $55,240.00 POLICE DEPARTMENT/PISTOL RANGE DIVISION: Handguns (083600 & 600601) Simmons Gun Specialties - $49,096.00 PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Rollback Utility Trailer (130807) Berry Tractor - $32,662.00 (Item #1/per each) $5,250.00 (Option #1/per each-deduct) $ 150.00 (Option #2/per each-deduct) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 6 to 0. (Rogers absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1998 (Consumption off Premises) Rick Brazil Wal-Mart Supercenter #1507 3030 North Rock Road New Establishment 1998 (Consumption on Premises) Pham Van Sau My Linh 2959 S. Hillside #500 NOTE: MY LINH APPLICATION WAS DENIED BY STAFF - LESS THAN 300 FEET FROM THE PROPERTY LINE OF A CHURCH. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Rogers absent) (Item No. 16) Council Member Rogers present PLANS AND SPECIFICATIONS PLANS AND SPECIFICATIONS. a. 1998 Contract Maintenance Transverse Thermal Crack Repair and Curb Repair of Asphalt Streets. (Quickset Slurry Seal Phase II at various locations.) (131557/110000) Traffic to be maintained through construction. (Council approval date 12-16-97) (District V) Council Member Gale Council Member Gale requested a list of the street projects. b. Landscaping and Beautification for Gypsum Creek Bikepath from Kellogg to Douglas (north of Kellogg, west of Rock Rd). (472- 82572/706127/405-166) Does not affect existing traffic. (Council approval date 3-14-95) (District II) c. 1997 Enhanced Maintenance Curb & Gutter Repair at various locations. (706648/405-218) Traffic to be maintained through construction. (Council approval date 12-16-97) d. Water Distribution System to serve 53rd Street North to 55th Street North, east of Seneca. (448-89254/734475/470-525) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 4-14-98) (District VI) e. McDonald Golf Course Parking Lot. (696054/516-006) To be coordinated with the Golf Course. (Council approval date 4-22-98) (District I) f. 1998-1999 CDBG Neighborhood Revitalization (NRA) Street Improvements at various locations. (600973/ 621326/806034/533-243) Traffic to be maintained through construction. (Council approval date 7-1-97) (Districts I, IV, and VI) g. 1998 Contract Maintenance Area Concrete Reconstruction, Phase II at various locations. (132357/621326/112000/533-243) Traffic to be maintained through construction. (Council approval date 12-16-97) h. 1998-1999 CDBG Local Investment Area (LIA) Street Improvements at various locations. (600650/621326/806002/533-243) Traffic to be maintained through construction. (Council approval date 7-1-97) (Districts I and VI) Motion-- Gale moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., July 31, 1998. Motion carried 7 to 0. (Council Member Rogers absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Storm Water Sewer 497 to serve Auburn Hills Fifth Addition north of Kellogg, east of 151st Street West. (468-82807/751172/485152) Does not affect existing traffic. (Council approval date 2-10-98) (District V) b. Water Distribution System to serve Reese Farms Estates south of Maple, west of 151st Street West. (448-89238/734509/470528) Does not affect existing traffic. (Council approval date 4-14-98) (District V) c. Water Distribution System to serve Bradley Fair 3rd Addition south of 21st Street North, east of Rock Road. (448-89250/734392/470517) Does not affect existing traffic. (Council approval date 4-7-98) (District II) d. Water Distribution System to serve Balthrop Second Addition north of Central, east of Greenwich Road. (448-89283/734640/470542) Does not affect existing traffic. (Council approval date 7-7-98) (District II) e. Bristol Court from the west line of Bristol to and including the cul-de-sac to serve Balthrop 2nd Addition north of Central, east of Greenwich Road. (472-82949/765081/490610) Does not affect existing traffic. (Council approval date 7-7-98) (District II) Motion-- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., July 31, 1998. Motion carried 6 to 0. (Rogers absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1997 Water Main Replacement Program - Oaklawn Group (west of Southeast Boulevard at 47th Street South). (448-89209/634873/544-142) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) - $857,295.22 b. Water Distribution System to serve Horseshoe Lake Second Addition (north of 21st Street, west of Hoover). (448-89274/734582/470-536) Does not affect existing traffic. (Council approval date 06-02-98) (District V) - $56,000.00 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Rogers absent) BOARD MINUTES MINUTES OF ADVISORY BOARDS. CPO Southeast Council 3, 7-9-98 CPO Southwest Council 4, 7-9-98 Convention and Tourism Committee, 3-16-98 Convention and Tourism Committee, 4-13-98 Metropolitan Area Planning Commission (MAPC), 7-2-98 Wichita Mid-Continent Airport, 6-15-98 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Rogers absent) STREET CLOSURE/USES CONSIDERATION OF STREET CLOSURES/USES. There were no Street Closures/Uses to consider. CLAIMS ALLOWED REPORT ON CLAIMS ALLOWED - JUNE 1998. Name of Claimant Amount Paul Bergkamp $ 95.00 Southwestern Bell $134.75 Motion -- carried Knight moved that the Claims Report be received and filed. Motion carried 6 to 0. (Rogers absent) GYPSUM CREEK BIKEPATH SUB-EASEMENT AGREEMENT FOR GYPSUM CREEK BIKEPATH. (District III) Agenda Report No. 98-652. On November 28, 1995, the City Council approved an Agreement with the Kansas Department of Transportation for the construction of a bikepath from Cessna Park to Turnpike Drive. A portion of the bikepath will be within the Kansas Turnpike right-of-way where U S Sprint has a prior easement. In order to construct the bikepath the City needs an easement from the Turnpike to protect U S Sprint’s line from damage which the Agreement addresses. There is no cost to the City. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried sign. Motion carried 6 to 0. (Rogers absent) INTER-FAITH SHELTER CDBG CONTRACT - INTER-FAITH MINISTRIES HOMELESS SHELTER. (District VI) Agenda Report No. 98-653. On March 4, 1997, the City Council allocated Community Development Block Grant (CDBG) funds for the 1997/1998 program year. The City Council allocated $25,000 to three homeless shelters subject to under expenditure of public services funds during the 1997/1998 program year. A review of 1997/1998 public services expenditures shows there will be an under expenditure adequate to provide the $25,000 approved by the City Council to be equally shared by: Agency Program Catholic Charities Anthony Family Shelter Inter-Faith Ministries Inter-Faith Inn United Methodist Urban Ministry Drop-In Center The contract with Inter-Faith Ministries--Wichita, Inc. provides operating assistance for the Inter-Faith Inn homeless shelter. The contract amount for Inter-Faith Ministries--Wichita, Inc., Inter-Faith Inn homeless shelter is $8,333. Motion -- Knight moved that the Contracts be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) AGREEMENTS SUPPLEMENTAL AGREEMENT FOR IMPROVEMENTS TO 29TH STREET NORTH FROM AMIDON TO ARKANSAS. District VI) Agenda Report No. 98-654. On November 3, 1995, the City Council approved a project to widen 29th Street North from Amidon to Arkansas to four lanes, and approved a contract with Booker Associates, Inc. of Kansas to design the improvements. The fee was $72,515. The four-lane improvement would not accommodate utility relocations and eliminated green space between the curb and property lines. In order to accommodate utility facilities and maintain the green space, the project has been revised to a three- lane improvement. Booker Associates, Inc. of Kansas has since changed their name to PB Booker Associates, Inc. of Kansas. They have been asked to revise the plans to provide for a three-lane roadway. Payment to Booker will be made on a cost plus percentage of cost basis and will increase by $25,780 to a not to exceed amount of $98,295. Funds are available in the project budget. The funding source is General Obligation bonds. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR ECK FOURTH ADDITION (SOUTH OF 13TH STREET, WEST OF WEST STREET). (District V) Agenda Report No. 98-655. The City Council approved the Eck Fourth Addition plat on August 12, 1997. On September 9, 1997, the City Council approved an Agreement with Baughman Company, P.A. to design sanitary sewer, water distribution system, and paving improvements for the Addition. The Design Agreement with Baughman Co. requires Baughman Co. to provide construction engineering services if requested by the City. The proposed Supplemental Agreement between the City and Baughman Co. provides for the construction engineering for Doris Street, Memory Lane, Curtis Street and 11th Street. Since this is Construction and Survey's peak workload period, City crews are not available to perform the construction engineering services for this project. Payment will be made on a lump sum basis of $16,700. The funding source is special assessments. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to execute. Motion carried 6 to 0. (Rogers absent) (Item No. 24) (Council Member Rogers present) STREET IMPROVEMENTS WICHITA STREET IMPROVEMENT, FROM DEWEY TO LEWIS. (District VI) Motion -- carried Ferris moved that this Item be deferred thirty days. Motion carried 7 to 0. (Council Member Rogers absent) WHEELCHAIR ACCESS RAMP 1998-1999 ARTERIAL SIDEWALK AND WHEELCHAIR ACCESS RAMP PROGRAM PHASE II. (All Districts) Agenda Report No. 98-657. The Capital Improvement Program includes funding for arterial sidewalk and wheelchair access ramp construction (CIP No. MS-9309, page 47). It is a part of a ten year program to install wheelchair access ramps city wide. The City Council approved Phase I of the 1998/1999 program on April 28, 1998. The arterial walk locations are part of a priority list approved by the Traffic Commission. The Phase II Arterial Sidewalk locations are: North side of 29th St. North, from Longfellow to Rock Road South side of Douglas, from Rock Road to Bonnie Brae South side of Harry, from Terrace to Oliver West side of Meridian, from Harry to Maple Affected property owners will be notified prior to bidding the work. The Phase II budget is $200,000. The funding source is General Obligation Bonds. Motion -- Knight moved that the project be approved and the Resolution be adopted. Motion -- carried carried 6 to 0. (Rogers absent) RESOLUTION NO. R-98-319 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements for sidewalks on the east side of Oliver, from 17th Street North to 21st Street North and on the south side of 13th Street North, from Edgemoor to Woodlawn, North side of 29th Street North, from Longfellow to Rock Road, south side of Douglas from Rock Road to Bonnie Brae, south side of Harry from Terrace to Oliver, west side of Meridian from Harry to Maple, and wheelchair access ramps (1998/1999 Arterial Sidewalk and Wheelchair Access Ramp Program) (472-82931), presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. ARTERIAL DESIGN PROGRAM 1998-1999 ARTERIAL DESIGN PROGRAM. (Districts II and V) Agenda Report No. 98-658. The 1998-1999 Capital Improvement Program includes funds to design three arterial street improvements. The street improvements to be designed are: Maple, from Maize to 135th St. West (CIP No. MS-9204, page 68) Pawnee, from Rock Road to Webb Road (CIP No. MS-9607, page 77) Webb Road, from Pawnee to Harry (CIP No. MS-438, page 85) The program budget is $600,000. The funding source is General Obligation Bonds. Motion -- Knight moved that the project be approved and the Ordinance be placed on first reading; and the Staff Screening and Selection Committee be authorized to select -- carried design engineers. Motion carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance declaring Maple Street from Maize Road to 135th West; Pawnee Street, from Rock Road to Webb Road; Webb Road, from Pawnee Street to Harry Street (1998/1999 Arterial Street Design Program) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. VIOLENCE AGAINST WOMEN S.T.O.P. VIOLENCE AGAINST WOMEN GRANT APPLICATION. Agenda Report No. 98-659. The Federal S.T.O.P. (Services, Training, Officers, Prosecutors) Violence Against Women Grant is administered in Kansas by the State Attorney General. The S.T.O.P. Grant awards funds to programs which meet the needs of women who are victims of violent crimes. The grant application outlines the proposed use of grant funds to improve services to women who are victims of violent crimes. The project proposes to send a multi- disciplinary team of seven (7) persons to a national training conference on domestic violence. This training will provide these seven (7) representatives with an enhanced knowledge and understanding of the dynamics of domestic violence, and allow them to further improve their close working relationships, therefore, improving the level of service to the victims of domestic violence. The representatives are from the Wichita Police Department (2), a prosecutor and a judge from Municipal Court, a prosecutor from the Office of the District Attorney, and staff members from local domestic violence agencies/ shelters (2). The total cost of the proposed project is $7,314.00, funded from $5,485.50 (or 75%) in grant funds and $1,828.50 (or 25%) in local match from the Narcotic Seizure Account. This grant does not involve ongoing expenses beyond the grant funding period. Motion -- Knight moved that the Grant Applications be approved and the necessary signatures -- carried be authorized. Motion carried 6 to 0. (Rogers absent) PROPERTY DISPOSITION SALE OF 133 NORTH MADISON. (District I) Agenda Report No. 98-660. 133 North Madison is a city-owned unit in the Infill Program. The Infill Program was implemented to preserve existing housing stock while improving and stabilizing older neighborhoods. The home at 133 N. Madison was moved and rehabilitated as one of the houses from the Third Street Drainage Project and is being sold with assistance from the HOMEownership 80 Program. The HOMEownership 80 Program is designed to allow first-time low to moderate income families purchase homes with city assistance for down payment and closing costs, security system and minor repair. The Program is targeted to families who might otherwise be unable to purchase a home due to down payment requirements and closing costs. The Madison property is 832 square feet, two bedrooms, one bathroom home with living room and kitchen. This home was purchased by the City of Wichita to implement the Third Street Drainage Project. The property is selling for the price of $38,000. The buyer will receive two loans. The first loan is a conventional home mortgage for $32,000.00 and the second mortgage is a zero interest, deferred payment loan from HOMEownership 80 for $7,500.00. The buyer will expend approximately $600.00 of their own funds at closing. The property is being appraised by a certified appraiser in connection with the loan application process at Emprise Bank. Seller’s estimated closing costs include approximately $200.00 for title insurance and closing fees. Motion -- Knight moved that the Sale be approved and the Mayor be authorized to sign the -- carried necessary documents. Motion carried 6 to 0. (Rogers absent) UNSAFE STRUCTURE REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURE. Agenda Report No. 98-661. On July 6, 1998 the Board of Code Standards (BCSA) held a hearing on the following property. This property is considered a dangerous and unsafe structure, and is being presented to schedule a condemnation hearing before the Governing Body. Improvement notices have been issued on this structure, however, compliance has not been achieved. Pre-condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove this property. Property Address Council District 507 North Walnut VI Motion -- Knight moved that the Resolution placing this matter on the Agenda for a Hearing before the Governing Body on September 1, 1998 at 11:00 a.m. be adopted. Motion -- carried carried 6 to 0. (Rogers absent) RESOLUTION NO. R-98-317 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 121 and 123, on Walnut Street, Niederlanders Addition to Wichita, Sedgwick County, Kansas, known as 507 North Walnut, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. ORDINANCES SECOND READING ORDINANCES. (First Read July 21, 1998) a. IRB - Law Company. (District VI) ORDINANCE NO. 43-926 An Ordinance authorizing the City of Wichita, Kansas, to issue its Industrial Refunding Revenue Bonds, Series IX, 1998 (Law Company Building Associates) in the aggregate principal amount of $1,900,000 for the purpose of refunding certain outstanding City of Wichita, Kansas, industrial revenue bonds; authorizing execution of a trust indenture by and between the City and Commerce Bank, N.A., Wichita, Kansas, as trustee; authorizing the execution of an amendment to a certain lease of the facility by and between the City and Law company Building Associates; authorizing the execution of a bond purchase agreement by and between the City, Law Company Building Associates, and Cooper Malone McClain, Inc., as purchaser of the bonds; approving the form of the Guaranty agreement by and between Law Company Building Associates and the Law Company, Inc., as guarantors, and commerce Bank, N.A., Wichita, Kansas, as trustee, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. b. Meridian Improvement from I-235 Freeway to the North City Limits. (District VI) ORDINANCE NO. 43-931 An Ordinance declaring Meridian, from the I-235 Freeway to the north City limits of Wichita (472-82957) 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. c. Amendment to Qualifications for Appointment to the Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board. ORDINANCE NO. 43-932 Resolution of the Board of County Commissioners of Sedgwick County, Kansas, and Ordinance of the City of Wichita, Kansas, amending Sedgwick County Resolution No. 309-1988 and Section 2.12.430 of the Code of the City of Wichita, Kansas, pertaining to the membership terms and qualifications of the Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. d. SCZ-0675 - East of Maize Road Between K-42 and 31st Street South). (District V) ORDINANCE NO. 43-933 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. SCZ-0675 e. A 98-10- Annex Property south and east of the Intersection of Central Avenue and 135th Street West. (District V) ORDINANCE NO. 43-934 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. A 98-10 f. A 98-17 - Annex Property ½ mile north of Central and west of 127th Street East. (District II) ORDINANCE NO. 43-935 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. A 98-17 g. A 98-18 - Annex Property northeast of Zoo Boulevard, East of Hoover, and south of 21st Street North. (District V) ORDINANCE NO. 43-936 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. A 98-18 PLANNING AGENDA (Council Member Rogers Present) Marvin Krout Director of Planning stated that all Items could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that all Planning Agenda Items be approved as consensus Items. -- carried Motion carried 7 to 0. S/D 98-39 S/D 98-39 - PLAT OF BECKER ADDITION LOCATED ON THE WEST SIDE OF HYDRAULIC, SOUTH OF 55TH STREET SOUTH. Agenda Report No. 98-662. MAPC Recommendation: Approve the Plat. Staff Recommendation: Approve the Plat. Certificate of Petitions, Notice of Protective Overlay. Petition for construction of Water Distribution System Number 448-89299 (west of Hydraulic, south of 55th Street South) $12,500 S.A. Petition for construction of Lateral 410, Southwest Interceptor Sewer (west of Hydraulic, south of 55th Street South) Project No. 468-82889 ($18,500 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-98-320 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89299 (west of Hydraulic, south of 55th Street South) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-321 Resolution of findings of advisability and Resolution authorizing construction of Lateral 410, Southwest Interceptor Sewer (west of Hydraulic, south of 55th Street South) Project No. 468-82889 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 97-75 S/D 97-75 - PLAT OF VILLAGE SQUARE ADDITION LOCATED ON THE NORTHEAST CORNER OF KELLOGG AND EDGEMOOR. (District II) Agenda Report No. 98-663. MAPC Recommendation: Approve the Plat. Staff Recommendation: Approve the Plat. Easements, Certificate of Petitions, Restrictive Covenants. Petition for construction of Water Distribution System Number 448-89300 (north of Kellogg, east of Edgemoor) ($15,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the associated -- carried zone change Z-3220 Ordinance be placed on first reading. Motion carried 7 to 0. RESOLUTION NO. R-98-322 Resolution of findings of advisability and Resolution authorizing construction of Petition for construction of Water DistributionSystemNumber 448-89300 (north of Kellogg, east of Edgemoor) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3220 Z-32-82 Z-3282 - REQUEST ZONE CHANGE FROM “SF-6" SINGLE-FAMILY RESIDENTIAL TO “OW” OFFICE WAREHOUSE LOCATED NORTH OF 13TH STREET NORTH AND EAST OF WEST STREET. (Dist. V) Agenda Report No. 98-664. MAPC Recommendation: Approve, subject to Staff comments. CPO Recommendation: Approve, subject to Staff comments. Staff Recommendation: Approve, subject to platting within 1 year. The applicant is requesting a zone change from “SF-6" Single-Family Residential to “OW” Office Warehouse on an unplatted landlocked tract located north of 13th Street and east of West Street. The applicant is proposing to tear down two existing structures and expand his current business by constructing a 9,660 square foot (230' by 42') building on this property. The applicant currently operates an assembly facility for computer systems just south of the application area. Access to the site will be provided by existing drives from 13th Street North and Sheridan through the existing business. The “OW” Office Warehouse zoning district permits offices, warehousing, and limited assembly and manufacturing uses, which includes the proposed use on this site. Single-family residences are located north and west of the application area. The Knights of Columbus’ parking lot is just to the east of this area. Other existing commercial uses are located south of this area along 13th Street. The site plan submitted by the applicant shows 30 parking spaces, which exceeds the Unified Zoning Code (UZC) parking requirement of 20 spaces. The UZC requires manufacturers to provide one space per 500 square feet of manufacturing space. The Landscape Ordinance will require the equivalent of one shade tree per 40 linear feet when nonresidential uses are adjacent to residential zoning. These trees must be planted within 15 feet of the common property line along the north, east and west sides of this property. The applicant will also be required to screen the north, east and west property lines with a solid screening fence. A variance to reduce the compatibility setbacks on the north and west property lines from 25 feet to 15 feet (BZA 10-98) was approved unanimously by the Board of Zoning Appeals on June 23, 1998, staff is supporting this request. The Compatibility Setback Standards will be met on the east property line. The BZA approval included a height limitation for the proposed building. The MAPC has an unwritten policy of supporting the expansion of an existing business. At the CPO and MAPC hearings, two neighboring residents spoke in opposition to this request. Their concerns were that the proposed use would increase crime and traffic in the area. However, both CPO and the MAPC unanimously approved the request, subject to the staff recommendations. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 7 to 0. A 98-21 A98 -21 - REQUEST THE ANNEXATION OF PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF 13TH STREET NORTH AND THE WEST SIDE OF K-96 EAST OF GREENWICH ROAD. (District II) Agenda Report No. 98-665. The property lies north of 13th Street North on the west side of K-95 Highway. Mr. Frankamp requested annexation of approximately 43.16 acres of undeveloped land that is currently in the process of being platted into 35 single family homes, 13 patio home lots, 6 duplex lots, and a 27 acre church site. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A 98-21 ADJOURNMENT The City Council meeting adjourned at 11:05 a.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 166 JULY 21, 1998