MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, January 24, 1995 Tuesday, 9:12 A.M. The City Council met in regular session with Mayor Broadfoot in the Chair. Council Members Cather, Cole, Ferris, Rogers; present. *Council Members Kamen, Reeser; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. Minutes -- The minutes of the regular meeting of January 10th and the special -- carried meeting of January 17, 1995, were approved 5 to 0. (Kamen, Reeser; absent) UNFINISHED BUSINESS *Council Members Kamen, Reeser; present. DR 94-15 DR 94-15 - SPECIAL USE PERMIT TO ALLOW EXPANSION OF AN ADULT LOCAL DETENTION FACILITY LOCATED IN AN AREA BOUNDED BY WICHITA STREET ON THE WEST VACATED WATER STREET ON THE EAST, VACATED ELM STREET ON THE SOUTH, AND PINE STREET ON THE NORTH. Continued from January 10, 1995. Chris Cherches City Manager said this Item had been deferred from the January 10, 1995, Council Meeting for further consideration and study by the City Council. William Buchanan Sedgwick County Manager said Sedgwick County can live with the conditions set out by the MAPC and modified by the Planning Director's recommendation to the Council. Motion -- Rogers moved that the MAPC recommendations (1 and 2) be accepted, and that recommendation 3 be modified to read, "If Calvary Baptist Church is proposed to be moved as part of the jail expansion, then the County shall first provide documentation that it has taken all reasonable precautions to ensure that the move can be safely accomplished and the national register listing of the building will be retained at the new location; or, if not, that all possible administrative avenues have been explored to retain that listing"; and the -- carried Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95-036 A Resolution authorizing a special use permit for certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.180.4 of the Code of the City of Wichita, Kansas, presented. Rogers moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. DR 94-15 Council Member Rogers momentarily absent. PAVING ALEXANDER, 47TH PAVING OF ALEXANDER FROM 46TH TO 49TH STREET NORTH; AND 47TH STREET NORTH FROM ALEXANDER TO SULLIVAN. (District VI) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-001 A. On January 10, 1995, the Council considered a proposal to pave Alexander and 49th St. North, from 46th St. North to Sullivan, and 47th St. North from Alexander to Bison. A number of affected property owners spoke in opposition to the method of assessment. The proposed method of assessment was equal share basis. As a result, the Council deferred the matter for two weeks to allow an additional meeting for the neighborhood. A neighborhood meeting was held on January 12, 1995. As a result of comments at the meeting, it is recommended that the Council adopt a resolution to pave Alexander from 49th St. North to 46th St. North and that the method of assessment be the land value basis. In addition, it is recommended that the Council adopt a resolution setting February 7, 1995 as a public hearing date on paving 47th St. North from Alexander to Sullivan. The estimated project cost for the Alexander paving is $155,000. The proposed method of assessment is the land value basis. As a result, the rate of assessment will vary from property to property. The estimated project cost for the 47th St. paving is $45,000. The funding source for both projects is Special Assessments. Kansas Statutes provide that the City Council has the authority to order in street paving. Property owners may block the project if there is a written protest signed by 51% or more of the property owners and representing more than one-half of the improvement district area. Council Member Cole Council Member Cole explained that at the neighborhood meeting, a majority of those in attendance were in favor (only one person opposed) of the paving of Alexander. Council Member Kamen Council Member Kamen said he would prefer the 47th Street paving be done by petition. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that Resolutions to pave Alexander from 46th St. North to 49th St. North and setting February 7, 1995 as the hearing date on paving 47th St. North -- carried from Alexander to Sullivan be adopted. Motion carried 7 to 0 RESOLUTION NO. R-95-034 Resolution of findings of advisability and Resolution authorizing improving of Alexander from the north line of 46th Street North to the south line of 49th Street North, Project No. 472-82546 (west of Seneca, south of 53rd Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-035 A Resolution directing and ordering a public hearing on the advisability of an improvement consisting of pavement on 47th Street North from Alexander to Sullivan, presented. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. CONSENT AGENDA Broadfoot moved that the Consent Agenda, including addendum Item 20a, except Items 10d and 18, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JANUARY 17 AND 23, 1995. At 10:00 a.m., Friday, January 13, 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 1/17/95) PUBLIC WORKS DEPARTMENT/FLEET AND BUILDINGS DIVISION: CITY HALL ELEVATORS RENOVATION AND MAINTENANCE AS PER SPECIFICATIONS Montgomery Elevator Company - $393,585.00 Option #2 - $ 2,700.00 (Per Month) Option #3 - $ 2,835.00 (Per Month) Option #4 - $ 2,976.00 (Per Month) Option #5 - $ 3,124.00 (Per Month) Option #6 - $ 3,280.00 (Per Month) WATER AND SEWER DEPARTMENT/PRODUCTION AND PUMPING DIVISION: HIGH SERVICE PUMPS AND VACUUM PRIMING SYSTEM AS PER SPECIFICATIONS Item 1A: Patterson Pump Company - $164,000.00 Item 1B: Patterson Pump Company - $ 1,500.00 Item 2A: Nash U.S. - $ 56,000.00 The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, same being the lowest and best bid. Broadfoot moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. At 10:00 a.m., Friday, January 20, 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 1/23/95) PUBLIC WORKS DEPARTMENT/FLEET AND BUILDINGS DIVISION: NEW SEATING FOR LAWRENCE-DUMONT STADIUM AS PER SPECIFICATIONS Bowlus School Supply - $64,981.60 (Corrected Total) Additional Unit Cost - $ 64.12 (Per Seat) Unit Cost - $ 64.12 (Per Seat) The Board of Bids and Contracts recommended that the contract be awarded as outlined above, same being the lowest and best bid. Broadfoot moved that the contract be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPS. APPLICATION FOR LICENSE FOR ADULT ENTERTAINMENT. (Item 2/3) Motion -- Broadfoot moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. (Later in the meeting this Item was reconsidered and action is shown with the Item.) Motion -- Reeser moved that the license applications be reconsidered. Motion carried -- carried 7 to 0. Council Member Reeser declared a conflict of interest and abstained from participation. Renewal 1995 (Consumption on Premises) Valerie Washington Camelot Cinema 1519 S. Oliver APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1995 (Consumption on Premises) Marla M. Hayden Buck's Barbeque 583 S. West Street Janice K. Vega La Familia 945 W. 31st Street So. Jerry M. Macon Sim Park Golf Course2020 W. Murdock (Consumption off Premises) Timothy S. Kellogg QuikTrip #384 2412 W. Pawnee Timothy S. Kellogg QuikTrip #388 7991 E. 37th Street No. Jay A. Johnson Johnson's General Store #61003 S. Seneca Kevin J. Temple Phillips 66 7136 W. Central Kevin J. Temple Phillips 66 515 N. Seneca New Operator 1995 (Consumption on Premises) Liu Micael Yong Lao Nakhorn Coffee Shop2433 S. Hillside New Establishment 1995 (Consumption on Premises) Mark A. Boswell Quicky's 1535 E. Pawnee Cyril C. Helton Cy's Place 2825 Geo. Washington Blvd. Motion -- Ferris moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Reeser abstained) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 1995 Contract maintenance concrete pavement repair of arterial streets at various locations. (/132357/) Traffic to be maintained through construction. (Council approval date 12-20-94) (District - all) b. 1995 Contract maintenance concrete pavement repair of residential streets at various locations. (/131516/) Traffic to be maintained through construction. (Council approval date 12-20-94) (District - all) c. Improving Victoria from 49th Street South to 47th Street South and a school bus loading zone along Victoria Street south of 47th Street South (west of Hydraulic, south of 47th Street). (472-82397 & 472-82529/762245/762864/) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 11-23-93/11-15-94) (District IV) d. Mid-America Indian Center parking and access improvements (Central and Seneca). (project/index #s unknown at this time.) e. Constructing sidewalk along the south side of 21st Street North, from the westerly line of Lot 1, Block 1 to the easterly line of Lot 2, Block 1, Bradley Fair Addition (21st Street, east of Rock Road). (472-82426/762336) Does not affect existing traffic. (Council approval date 02-01-94) (District II) f. Paving Stoney Point from the north line of Westport to the east line of Parkdale; Westlawn from the east line of Stoney Point to the east line of Timber Ridge Addition; Stoney Point Court from the west line of Stoney Point to and including the cul-de-sac; and Stoney Point Court from the west line of Stoney Point to and including the cul-de-sac in Timber Ridge Addition (south of 21st, west of Maize). (472- 82542/762914) Does not affect existing traffic. (Council approval date 01-10-95) (District V) g. Constructing Lateral 243, Southwest Interceptor Sewer (east of Tyler, south of 21st Street North). (468-81700/742171) Does not affect existing traffic. (Council approval date 11-29-94) (District V) Motion -- Broadfoot moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., February 3, 1995. Motion carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST (CHESNEY). a. Improving 29th Street North from the west line of Lot 1, Block 4, in Forest Lakes to the west line of Ridge Road in Forest Lakes Addition - $366,426. (472- 82315/761809/490283) b. Improving Sunrise Drive and 51st Street South from the east line of Seneca Street to the west line of Gold Avenue, South Seneca Gardens Second Addition - $670,578. (472-82342/761841/490287) c. Improving Carey Lane from the east line of Clarence to the east line of Seneca - $325,079. (472- 82331/761858/490288) d. Improving Watersedge Circle from the south line of Sterling to and including the cul-de-sac; Watersedge Court serving Lots 15-25, Block 1, Sterling Farms Third Addition - $164,769. (472-82349/761924/490295) e. Improving Everett from the south line of Dora to the south line of Orient Boulevard in South University Place Addition - $81,938. (472-82352/761940/ 490297) f. Improving Wedgewood from the east line of Ridge to the east line of Lot 1, Block 1, Lakeside Park Addition - $116,915. (472-82339/761957/490298) g. Improving 54th Street South from the east line of Seneca Street to the west line of Handley Avenue; and on Handley Avenue, from the north line of 55th Street South to the north line of Block 2 and 3, South Seneca Gardens Fourth Addition - $204,330. (472-80826/761981/490301) h. Improving Ninth Street from the east line of Hoover to the west line of Lot 1, Block A, West Forest 3rd Addition and sidewalk on both sides of 9th Street from the east line of Hoover to the west line of Lot 1, Block A, in West Forest Third Addition - $100,431. (472-82382/762112/490314) i. Improving the west half of Woodchuck from the point where full pavement ends at approximately the south line of Cottontail to a point north where full pavement begins near the south point of Lot 1, Block 8, Country Acres Addition - $47,839. (472-81282/762146/490317) j. Improving Pine Grove from the north line of Westport to the north line of Lot 2, Block B and the north line of Lot 26, Block C; 18th Street from the east line of Pine Grove to the west line of Chambers; Westport from the east line of 119th Street West to the west line of Chambers; Chambers from the south line of Sunridge Second Addition to the north line of Lot 14, Block C and the north line of Lot 6, Block G, all in Sunridge Second Addition - $240,244. (472-82159/ 762203/490323) k. Improving Crestline Court from the east line of Crestline to and including the cul-de-sac to serve Lots 51- 55, Block 2, and Lots 13-16, Block 3; Crestline Court from the west line of Crestline to and including the cul-de-sac to serve Lot 48-53, Block 4; and Britton, Valleyview and Greenspoint from the east line of Crestline to the east line of Crestline in Chadsworth Second Addition - $468,390. (472- 82189/762237/490326) l. Improving Wild Rose from the north line of 29th Street North to the north line of Lot 68, Block 3 and the north line of Lot 104, Block 4; Wild Rose Court serving Lots 113-120, Block 4; Wild Rose Court serving Lots 104-112, Block 4; and construct a sidewalk on the west side of Wild Rose from the north line of 29th Street North to the north line of Lot 68, Block 3 in Forest Lakes Addition - $112,091. (472- 82323/762377/490340) m. Improving Wild Rose from the south line of Lot 67, Block 3 and the south line of Lot 103, Block 4 to the north line of Lot 58, Block 3 and to the north line of Lot 90, Block 4; Wild Rose Court serving Lots 97-103, Block 4; and construct a sidewalk on the west side of Wild Rose from the south line of Lot 67, Block 3 to the north line of Lot 58, Block 3 in Forest Lakes Addition - $119,441. (472-82324/762385/490341) n. Improving Wild Rose from the north line of Lot 20, Block 2, to the south line of 29th Street; Wild Rose Court from the west line of Wild Rose serving Lots 39-47, Block 1; Wild Rose Court from the east line of Wild Rose serving Lots 21-30, Block 2; Wild Rose Court from the west line of Wild Rose serving Lots 48-57, Block 1; Wild Rose Court from the east line of Wild Rose serving Lots 31-38, Block 2; and sidewalk on the west side of Wild Rose in Reflection Ridge Sixth Addition - $242,010. (472-82082/762393/490342) o. Improving Rainbow Lake Road and Rainbow Lake Terrace from northwesterly line of Lot 3, Block 2, to the southwesterly line of Rainbow Lake Road, Rainbow Lakes West Third Addition - $176,237. (472-82449/762401/490343) Motion -- Broadfoot moved that the Statements of Cost be received and filed and the City Clerk be instructed to prepare the proposed assessment rolls. Motion carried -- carried 7 to 0. PETITION PETITION (100%). Agenda Report No. 95-048. The signatures on the petition represent 100% of the improvement district. The purpose of the project is to provide sanitary sewer service to an expanding office center. The funding source is Special Assessments. Petition for a sanitary sewer (Lateral 10, Main 6, Southwest Interceptor Sewer) to serve Lot 1, Willo-Esque Center Addition (north of Maple, east of Ridge). Estimated project cost is $31,000 - S.A. (468-82448) Motion -- Broadfoot moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95-037 Resolution of findings of advisability and Resolution authorizing construction of Lateral 10, Main 6, Southwest Interceptor (north of Maple, east of Ridge) Project No. 468-82448 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Appeals of Plumbers and Gas Fitters, 1/3/95 CPO Coordinating Board, 1/4/95 CPO Northeast Council 1, 1/5/95 CPO East Council 2, 1/9/95 CPO Southeast Council 3, 1/12/95 CPO Southwest Council 4, 1/12/95 CPO Northwest Council 5, 1/11/95 Sister Cities Advisory Board, 12/2/94 Wichita Art Museum Board, 12/16/94 Wichita Metropolitan Transit Authority, 12/15/94 Wichita Public Library, 12/20/94 Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board, 12/8/94 Wichita-Sedgwick Council Metropolitan Area Planning Commission, 12/15/94 Motion -- carried Broadfoot moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USE REQUESTS. There were no closures/uses considered. CLAIMS ALLOWED REPORT REPORT ON CLAIMS ALLOWED - DECEMBER, 1994. Name of Claimant Amount Obert Fladeland $ 10.87 Victoria Farias $ 239.58 Tom Ryan $ 2,113.84* Deanne Stevens $ 500.00** *Original amount was $3,254.91 - settled for amount shown. **Original amount was $700. Motion -- carried Broadfoot moved that the Report be received and filed. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF PROPERTIES. a. Vacant lot located at 1204 N. Ash (Infill Housing Project). (District I) Agenda Report No. 95-049. The Infill Housing Project, approved by Council on August 30, 1994, will require the acquisition of vacant lots on which to relocate the houses. Several vacant lots were identified as suitable for the project. The owner of one of these lots has agreed to sell the property to the City. The property is located at 1204 North Ash and is described as Odd lots 181-191 Inclusive, Tilford now Ash Street, Eleventh Street Addition and is currently owned by Barry Banzet. Barry Banzet has agreed to sell the property to the City for $4,500. The office of Central Inspection, has inspected the lot and had agreed to the higher sale price because it is large enough for three building sites. Funds for the acquisition of 32 lots at an average cost of $3,000 per lot was approved on October 18, 1994. estimated cost for acquisition include $4,500 for the property plus $300 for closing costs, title insurance, survey, and maintenance expenses. b. A portion of 3221 South Clifton (Tract #7) (31st Street South Project). Agenda Report No. 95-050. The right-of-way acquisition for the 31st Street South Widening Project, approved by Council on June 14, 1994, will require the acquisition of 11 easements or partial takings. Involved tracts include 5 residential properties and 6 commercial properties. One of the properties identified for partial taking, Tract #7, is located at 3221 South Clifton and is owned by Larry Kratzke. (Parts of NE corner of the NW ¼, SEC 11, TWP28S, R1E of 6th P.M.) An appraisal has been prepared and reviewed which values the property at $300. The owner has agreed to sell it to the City for the $500. Funds have been budgeted in the 1994 Capital Improvement Program in the amount of $125,000. A budget of $800 in funds includes: $500 for acquisition, and $300 for closing costs, title insurance, survey, operating and maintenance expenses. c. Vacant lot located at 1143 North Gordon (Infill Housing Project). Agenda Report No. 95-051. The Infill Housing Project, approved by Council on August 30, 1994, will require the acquisition of vacant lots on which to relocate the houses. Several vacant lots were identified as suitable for the project. The owner of one of these lots has agreed to sell the property to the City. The property is located at 1143 North Gordon and is described as Lot 8, except the West 135 feet and except the East 30 feet for street, Orie Johnson's Addition and is currently owned by Donna J. Martinson and Mark S. Gietzen. The owners of the lot have agreed to sell the property to the City for $6,500. The office of Central Inspection, has inspected the lot and had agreed to the higher sale price due to the property's location. Funds for the acquisition of 32 lots at an average cost of $3,000 per lot was approved on October 18, 1994. estimated cost for acquisition include $6,500 for the property plus $300 for closing costs, title insurance, survey, and maintenance expenses. e. A portion of 3345 East 31st Street South (Tract #8) (31st Street South Project). Agenda Report No. 95-053. The right-of-way acquisition for the 31st Street South Widening Project, approved by Council on June 14, 1994, will require the acquisition of 11 easements or partial takings. Involved tracts include 5 residential properties and 6 commercial properties. One of the properties identified for partial taking, Tract #8, is located at 3345 East 31st Street South and is owned by Truett and Osborn Cycle, incorporated. (No legal with item.) An appraisal has been prepared and reviewed which values the property at $1,675. The owner has agreed to sell it to the City for $3,500. Funds have been budgeted in the 1994 Capital Improvement Program in the amount of $125,000. A budget of $3,800 in funds includes: $3,500 for acquisition, and $300 for closing costs, title insurance, survey, operating and maintenance expenses. f. A portion of 3349 East 31st Street South (Tract #9) (31st Street South Project). (District III) Agenda Report No. 95-054. The right-of-way acquisition for the 31st Street South Widening Project, approved by Council on June 14, 1994, will require the acquisition of 11 easements or partial takings. Involved tracts include 5 residential properties and 6 commercial properties. One of the properties identified for partial taking, Tract #9, is located at 3349 East 31st Street South and is owned by Jimmy C. and Jean D. Nail. (S 10 Feet of N 40 feet, then part of NE corner of NW¼ of SEC 11, TWP28S, R1E of 6th P.M.) An appraisal has been prepared and reviewed which values the property at $700. The owner has agreed to sell it to the City for the $1,200. Funds have been budgeted in the 1994 Capital Improvement Program in the amount of $125,000. A budget of $1,500 in funds includes: $1,200 for acquisition, and $300 for closing costs, title insurance, survey, operating and maintenance expenses. Motion -- Broadfoot moved that the budgets be approved; and the contracts be approved and -- carried the Mayor be authorized to sign. Motion carried 7 to 0. (Item 10d) d. Vacant lot located at 1257 North Piatt (Infill Housing Project). Motion -- carried Reeser moved that this Item be deferred one week. Motion carried 7 to 0. IRB - PFS/PEPSICO EXTENSION OF LETTER OF INTENT (PFS, A DIVISION OF PEPSICO). (District IV) Agenda Report No. 95-055. On July 26, 1994, the City Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not to exceed $4,000,000 to PFS, A Division of PepsiCo., Inc. Bond sale proceeds will be used to finance the acquisition of a site, the construction of a 100,000 s.f. building and the purchase of machinery and equipment. The Letter of Intent was issued with a six-month term expiring on January 26, 1995. PFS procures and distributes food supplies and equipment to PepsiCo's four restaurant chains. PFS was formed in 1986 by the merger of Bell Food Services and Franchise Services, Inc. PFS is based in Dallas, Texas and currently operates 23 food and supply distribution centers nationwide and employs 2600 people system wide. PFS will locate its new distribution center at Water and 48th Street South which is adjacent to PepsiCo's Wichita soft drink bottling facility. The construction in the Old Town area has made it extremely difficult for PFS to get their semi-trailer trucks in and out of its current facility and as a result has forced PFS to seek another site for its operations. PFS is also considering Oklahoma and Texas as alternate sites and Texas has offered a 100% ten-year abatement. PFS expects to create employment for 5 people in addition to retaining the current 50 employees it has in the area. New employment could increase to eleven by the fifth year of the project with potential for additional employment as operations expand. PFS agrees to pay all costs of issuing the bonds and agrees to the City's administrative fee of $2,500 for the term of the bonds. Costs for extending the Letter of Intent will be included in the costs to issue the bonds. PFS requests that the City Council grant a tax abatement on the project's improvements and equipment. Estimated first year taxes that would be exempted on the proposed building and equipment, at the current mill levy of 113.42 mills, would be $111,393. PFS currently pays approximately $50,615 in real and personal property taxes on property it owns in the City. Motion -- Broadfoot moved that the request for an extension of PFS's Letter of Intent for a -- carried six-month period ending July 26, 1995, be approved. Motion carried 7 to 0. SEWAGE TREATMENT PLANT CHANGE ORDER NO. 1 - SEWAGE TREATMENT BELT FILTER PRESS. Agenda Report No. 95-056. On July 1, 1994, the City accepted bids on the installation of a third belt filter press at Sewage Treatment Plant #2. The press is required for biosolids dewatering at the treatment works. The low bidder was Professional Mechanical Contractors, Inc. The amount of the low bid was $141,964.00. The City pre-purchased the equipment ($162,669.00) to expedite the work of the contractor. Engineering fees total $20,950. Total project cost to date for equipment, installation and engineering is $325,583. Following the beginning of construction, the PVC drain pans on the two (2) original presses were found to have deteriorated to the extent that they were interfering with the operational efficiency of the equipment. During construction deterioration of electrical components of the two existing presses was discovered. Staff solicited price quotations from the general contractor for the electrical and mechanical repairs. Staff believes it is practical to effect the electrical repairs using plant staff at a savings of approximately $10,000.00. Further, staff recommends that the drain pan fabrication and placement be made by the contractor, due to the manpower/equipment requirements and the complexity of the installation. If these repairs are not made, the operating efficiency of the equipment will suffer. The total cost of the change order is $23,324.84. To date, $325,583 have been expended/authorized for this project. If change order number one is approved, the total project cost will be $348,908. The CIP authorization for this project is $400,000. Therefore, funds are available in the project budget to cover the increased costs. Motion -- Broadfoot moved that the change order be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. EQUIPMENT PURCHASE STORM WATER UTILITY EQUIPMENT PURCHASE. Agenda Report No. 95-057. As part of the Storm Water Utility Maintenance Program, an inlet inspection and analysis program was started to determine the condition of the existing drainage infrastructure. On December 20, 1994, W.B. Carter Construction Company was approved to start repair work on the identified inlets. As a condition of the agreement, the City agreed to furnish new inlet covers if necessary. Storm Water Management is out of stock of inlet covers and delivery is approximately six weeks. It is necessary to order approximately 100 covers to ensure ability to complete the necessary repairs. The purchase will be funded from Storm Sewer and Stream Maintenance budgets. Cost is not to exceed $26,900. Motion -- carried Broadfoot moved that the purchase be approved. Motion carried 7 to 0. WATER UTILITY CUSTOMER AGREEMENT WITH SEDGWICK COUNTY RURAL WATER DISTRICT #1 TO TRANSFER CUSTOMERS TO TRANSFER AGREEMENT WICHITA WATER UTILITY. Agenda Report No. 95-058. The City of Wichita Water Utility serves customers inside and outside the City limits including customers along Webb Road north of 29th Street North in Council District #2. A wholesale customer in this area, Sedgwick County Rural Water District #1, owns and maintains a water distribution system which serves residential and agricultural users. The Utility and the District, for the convenience of both, wish to transfer to the City the service for three customers, located on Webb Road near 37th Street. These customers are inside the Wichita city limits. Paving construction on Webb Road would require relocating part of the District's distribution system. Transferring the customers to the City eliminates the District's relocation work. Exhibit "A", which is incorporated in the proposed agreement, sets forth a description of the customers to be transferred. The City will acquire the customers for one dollar and other valuable considerations. The agreement includes the following other conditions. 1. The District will pay to the City $500, which is equal to the amounts two of the customers paid to acquire benefit units in the District. The City will bear the cost of connecting these two customers to the Wichita municipal water system. These two customers will not be charged tap fees or plant equity fees associated with being connected to the municipal water system. These customers will not be assessed for the costs associated with the extension of water lines into the area by the City in the future, unless they ask for water line improvements for fire protection or increased pressure. 2. The District will reimburse the third customer, which is not now served by the District, the amount the customer paid to acquire a benefit unit in the District. This customer will be eligible to be assessed for the costs as- sociated with the extension of water lines into the area by the City in the future. If this customer connects to the municipal water system the customer will be eligible to be charged a tap fee, plant equity fee and any other fees current at the time of connection. 3. If property belonging to any of these customers is subdivided, lots created by subdividing will be eligible to be assessed for water line extension costs, tap fees, plant equity fees and any other fees current at the time. 4. The City will charge these customers the same rate it charges other customers inside the City. Costs associated with connecting the two active customers to the municipal water system are $660. The City will receive $500 from the District. Utility staff estimates that the two active customers transferred from the District will generate $90 more revenue annually than their consumption generated from the District. The District payment coupled with the additional revenue will repay the cost of connection in 1.7 years. In addition, the customer transfer will eliminate duplicate water systems in the same area and will minimize interference from utilities during the reconstruction of Webb Road. Motion -- Broadfoot moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. MICROGRAPHIC SERVICES CONTRACT WITH MICROFILM SERVICES, INC., FOR PRIVATIZATION OF MICROGRAPHIC SERVICES. Agenda Report No. 95-059. The 1994 Budget process included the elimination of two Finance positions and miscellaneous supplies totaling approximately $97,000 by outsourcing micrographic services beginning in 1995. The services will be provided by an outside vendor, but the vendor will provide the services at City Hall. Request for Proposals were solicited in November, 1994. There were two proposals received and evaluated. The proposals were evaluated on the basis of continuing to provide the same current level of in house service while meeting all archival and quality standards. Both proposals were able to meet the basic requirements. Microfilm Services, Inc. proposed the lowest cost alternative to the City. The contract period is for one (1) year with options of two (2) one (1) year renewals. The proposals received were approximately $45,000 less in total cost to the City for the same services. This reduction in cost will allow the City Departments flexibility in determining their micrographic needs. Motion -- Broadfoot moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CDBG CONTRACT CDBG CONTRACT - BOYS AND GIRLS CLUB OF SOUTH CENTRAL KANSAS. Agenda Report No. 95-060. On October 18, 1994, the City Council approved a $75,000 loan to the Boys and Girls Club of South Central Kansas for exterior improvements to the facility at 2408 E. 21st Street. The contract (in the amount of $75,000) provides a one year no-interest loan for exterior improvements (paving, landscaping, fencing) to this facility which is owned by the City and leased to the Boys and Girls Club. Motion -- Broadfoot moved that the Contract be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CITY HALL ELEVATORS CITY HALL ELEVATOR RENOVATION AND MAINTENANCE. Agenda Report No. 95-061. On October 25, 1994, the City Council approved $350,000 for City Hall Elevator Renovation and Maintenance (CIP project PB-9213). A fire in the elevator control system prior to the bidding has resulted in the loss of one elevator. Bids were received, and the low bid exceeded the previously approved budget making it necessary to request additional funding in order to complete the renovation. The City Hall elevator system is using equipment and technology developed in the early 1970s. A study performed several years ago by Persohn/Hahn Elevator Consultants concluded that the building should have at least one more elevator, considering the occupancy level and the technology of the elevator system. Staff has researched methods to improve the overall service of the elevator system. It is verified that if the control system is upgraded to solid state technology, response time improves to the same extent as one more elevator being added to the system. The repair of the fire damaged elevator was delayed which saves approximately $30,000 and expedited the administrative process for the solid state upgrade. On January 9, 1995, the Board of Bids and Contracts deferred the City Hall Elevator Renovation and Maintenance to January 17, 1995. The Staff Screening and Selection Committee evaluated the contractors and maintenance on January 12, 1995. On January 17, 1995, the Staff Screening and Selection Committee and Board of Bids concurred on the selection of Montgomery KONE Elevator Co. to install the new technology and maintenance in an amount of $395,000 for the base bid. The original approved amount of $350,000 from the Capital Improvement Program was identified for the study and the renovation. An additional $45,000 is requested to complete the renovation and maintenance. It is proposed that $45,000 be reallocated from the 1996 CIP Project Number PB-128. This project is for the Wichita Art Museum chiller replacement. One chiller was replaced from other funding on an emergency basis in 1994 and the other chiller replacement is covered in this project. Motion -- Broadfoot moved that the increased funding and Contract be approved and the Mayor be authorized to sign the contract; and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-95-038 A Resolution amending Resolution No. R-95-434 by increasing the bonding authority in Section 2 thereof from $350,000 to $395,000, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. SIDEWALK/RAMP PROGRAM 1995 ARTERIAL SIDEWALK AND WHEELCHAIR ACCESS RAMP PROGRAM. (All Districts) Agenda Report No. 95-062. The 1995 Capital Improvement Program includes a project to continue constructing sidewalks on arterial streets and wheelchair access ramps (MS-9309). The wheelchair access ramp project is the second year of a ten-year program. The locations for the sidewalk construction and the wheelchair access ramps were identified by staff as part of a study that emphasized serving institutional areas, high traffic locations and responses to citizen requests. The wheelchair access ramps will be constructed at various sites throughout the City. The sidewalk locations are: 1. South side of 13th Street from Shefford to Maize Road 2. South side of Harry from George Washington Boulevard to Hillside 3. North side of Harry from George Washington Boulevard to Hillside 4. South side of 21st Street from River Park to Hyacinth 5. South side of Maple from I-235 eastward 6. West side of Woodlawn from Rockhill to 14th Street 7. South side of 31st Street South from Sheridan to Richmond 8. South side of 31st Street South from Gow to West Street The estimated project cost is $450,000. The funding source is General Obligation Bonds. Federal law requires that wheelchair access ramps be installed at all locations where sidewalks are located. Council Member Kamen Council Member Kamen inquired as to whether USD 259 had been consulted as they had been in previous years. USD 259 is able, at times, to save the cost of bus service after sidewalks are installed in certain areas. Motion -- Kamen moved that this Item be deferred one week to find out whether USD 259 had -- carried been consulted. Motion carried 7 to 0. CONDEMNATIONS RESOLUTIONS SETTING A PUBLIC HEARING DATE FOR CONDEMNATION OF STRUCTURES. Agenda Report No. 95-063. The structures have defects that shall cause them to be deemed as dangerous and unsafe buildings, as required by State Statute for condemnation and consideration. 1. 2716 E. 15TH 2. 1241 Wabash 3. 1030 N. Ash 4. 1114 N. Ash 5. 1137 N. Estelle 6. 1555 N. Green 7. 1644 N. Ash 8. 1750 N. Spruce 9. 1744 N. Green 10. 1644 N. Hydraulic 11. 2248 N. Hydraulic 12. 1957 N. Erie 13. 1400 S. Pattie Motion -- Broadfoot moved that the Resolutions setting a public hearing date for March 7, -- carried 1995, at 11:00 a.m., be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95-021 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: the East 67¼ feet of Lots 14 and 16, Estelle Avenue, Fairmount Orchards Addition to Wichita, Sedgwick County, Kansas, known as 2716 East 15th 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. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-022 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 65 and 67, Wabash Avenue, H.O. Burleigh's Third Addition to Wichita, Sedgwick County, Kansas, known as 1241 North Wabash, 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. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-023 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 22 and 24, Norris, now Ash Street, Solomon's Second Addition to Wichita, Sedgwick County, Kansas, known as 1030 N. Ash, 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. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-024 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 36, 38, and 40, Ash Street, Norris Subdivision of Lot 3, Tarleton's Second Addition to Wichita, Sedgwick County, Kansas, known as 1114 North Ash, 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. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-025 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: the South 10 feet of Lot 111 and all of Lot 113, on Mabel Avenue, now Estelle, Fairmount Park Addition to Wichita, Sedgwick County, Kansas, known as 1137 North Estelle, 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. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-026 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 46 and 48, Green Street, replat of part of Gettoe's Second Addition to Wichita, Sedgwick County, Kansas, known as 1555 North Green, 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. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-027 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 56 and 58, Ash Street, Logan Addition to Wichita, Sedgwick County, Kansas, known as 1644 North Ash, 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. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-028 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 6 and 8, Spruce Street, Logan Addition to Wichita, Sedgwick County, Kansas, known as 1750 North Spruce, 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. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-029 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 10 and 12, Second Fairmount Orchards Addition to Wichita, Sedgwick County, Kansas, known as 1744 North Green, 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. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-030 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 55, 57, and 59, Block 5, Kansas Addition to Wichita, Sedgwick County, Kansas, known as 1644 North Hydraulic, 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. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-031 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: beginning at the southwest corner of Lot 4, thence north 90 feet; thence east 58 feet; thence south 90 feet; thence west 58 feet to the point of beginning, Wichita, Sedgwick County, Kansas, known as 2248 North Hydraulic, 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. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-032 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 2 and 4, Block 1, College Terrace Addition to Wichita, Sedgwick County, Kansas, known as 1957 North Erie, 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. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-033 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 2 and 4, Pattie Avenue, McCormick's Addition to Wichita, Sedgwick County, Kansas, known as 1400 South Pattie, 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. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. HUD GRANT HUD SPECIAL PURPOSE GRANT. Agenda Report No. 95-064. In 1994, the City received a grant of $1.5 million for the 21st Street Corridor improvement project. Public Law 103-327, the Appropriations Act for 1995, directed the U.S. Department of Housing and Urban Development (HUD) to provide funds for 258 designated special purpose grants. The Act designated two activities for funding, including: $1.5 million for the 21st Street Corridor Improvement Project; and $600,000 for capital costs associated with the Heartspring School for Children with Disabilities. To secure funding, the city must submit an application to HUD by February 15, 1995. Heartspring, as a non-profit entity, will assume grant responsibility for its own project and application. HUD funding will be a significant public contribution to the 21st Street improvement project. It is proposed to use HUD funds for property acquisition. The City is working on securing other federal resources for the 21st Street Development. Motion -- Broadfoot moved that the grant award be accepted and the Mayor be authorized to -- carried file the application. Motion carried 7 to 0. (Addendum Item 20a) CAMPBELL CASTLE FINDINGS OF FACT RELATING TO THE CAMPBELL CASTLE. FINDINGS OF FACT The City Council adopts the following findings of fact based on the record before it on January 10, 1994, when it considered whether there was any feasible and prudent alternative to the features of the proposed renovation project involving the Campbell Castle which the State Historic Preservation Officer found to be damaging to the Castle: 1. Modification of existing eye-brow windows and the addition of one dormer window allows the property owner to meet life and safety code requirements of the City's Uniform Building Code. The Code requires each sleeping area to have direct access to an exterior escape route. The bottom sill of exterior openings from sleeping areas are to be no higher than 44 inches from the floor and are to have an opening size of at least 5.7 square feet in order to satisfy the direct access requirements of the Code. The existing dormers do not meet either of these requirements. 2. Waiving these requirements has the potential for placing both the property owner and the City in a situation where either or both could be exposed to liability in the event of an incident in which personal injury occurred as a result of an occupant not being able to exit the structure through one of the existing openings. 3. Deepening the eye-brow windows and the addition of an additional dormer window will add light to the rooms and increase the marketability of the rooms in connection with the planned use of the structure as a bed and breakfast facility. 4. The eye-brow window and dormer window modifications will be on the north and south elevations of the Castle, which elevations are less aesthetically critical than the east (river-facing) elevation, on which the existing eye- brow window will remain unaltered by the project. The proposed alterations to the eye-brow windows and the dormer will be partially obscured by existing trees on the lot. 5. The property owner has demonstrated the need to create five rooms on the attic (third) floor in order to generate sufficient cash flow to make the bed and breakfast renovation economically feasible. No other prospective purchasers of the Castle have demonstrated a renovation plan for which there was funding available to make needed repairs. 6. The Castle is in disrepair and the proposed renovation project will result in the repair of those conditions which threaten the exterior and interior features of the Castle which are historically significant. 7. The alteration of the two existing triple- hung windows in the second floor east elevation can be accomplished in a manner which is reversible because the window opening size is not being changed nor is the structure within which the windows are hung being altered permanently. 8. The alteration of these second floor windows will be accomplished on the condition that the property owners retain and store the windows on site with labels indicating their original location in the Castle. 9. The doors which will replace the second floor windows will have mullions (horizontal) in the same locations as did the windows. 10. The convenient access to the adjacent balconies with the doors compared to the existing windows on the second floor is of critical importance to the marketing of the second floor rooms and the entire Castle as a bed and breakfast. 11. The original use of the porte-cochere was to provide a covered entry to the south side of the Campbell Castle. When constructed, the porte-cochere functioned only as a convenience for guests arriving at the home. 12. The property owner indicates that in order to obtain a four diamond hotel rating by AAA (a rating which is critical to the marketing and ultimate success of the bed and breakfast) a covered entry must be provided. 13. In order to permit the loading and unloading of automobiles under the porte-cochere it is necessary to elevate the floor of the porte-cochere by two feet. The process for elevating the floor is a reversible construction element since the elevated floor will not be permanently attached to the walls of the porte-cochere. 14. The alternative of cutting a stairway into the existing deck adjoining the porte-cochere would have a more deleterious impact on the Castle structure than the proposal to elevate the floor because it would significantly alter the deck; extensive railings would be required which would adversely impact the aesthetics of the south elevation. 15. The property owner proposes to add shrub plantings along the driveway in front of the porte-cochere which would greatly obscure the change in elevation of the driveway and minimize the impact of the elevation change on the south elevation aesthetics. 16. The alternative of constructing a separate structure for covered entry to the west of the porte-cochere is not acceptable because it would require a major alteration to the south elevation and to the Castle to accomplish what would be required for the sort of covered entry which would satisfy the AAA requirements. 17. The proposed alterations are all critical to the property owners plan for the development of the renovated Castle as a bed and breakfast and it is not economically feasible to attempt to operate the Castle as a bed and breakfast if the third floor cannot be made to meet building code requirements so that five sleeping rooms can be constructed. 18. The reversibility of the alterations to the second floor windows and the porte-cochere floor are reasonable in view of the lack of feasible alternatives and the positive impact both changes have on the marketability of the renovated Castle as a bed and breakfast. Motion -- carried Broadfoot moved that the Findings of Fact be adopted. Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. Sidewalks - S.A. ORDINANCE NO. 42-600 An Ordinance making a special assessment to pay for the improvement of and providing a tax levy for the cost of construction of sidewalks in the City of Wichita, Kansas, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. Z-3150 ORDINANCE NO. 42-601 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, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. Z-3150 Z-3122 ORDINANCE NO. 42-602 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, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. Z-3122 Great Plains Ventures ORDINANCE NO. 42-603 An Ordinance exempting property from Ad Valorem Taxation for Economic Development purposes pursuant to Article 11, Section 13, of the Kansas Constitution; providing for the terms and conditions for Ad Valorem Tax exemption and describing the property of Great Plains Ventures, Inc., so exempted, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 1-3 and 5-7 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Cather moved that Planning Agenda Items 1-3 and 5-7 be approved as consensus -- carried Items. Motion carried 7 to 0. A 95-1 A 95-1 - JOHN E. DUGAN REQUEST THE ANNEXATION OF PROPERTY ADJOINING THE CITY EAST OF 119TH STREET WEST AND 1/4 MILE SOUTH OF KELLOGG. Agenda Report No. 95-065. Motion -- Cather 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-95-1 A 95-2 A 95-2 - ED NEVILLE REQUESTS THE ANNEXATION OF PROPERTY ADJOINING THE CITY AT THE NORTHEAST CORNER OF 119TH STREET WEST AND 21ST STREET NORTH. Agenda Report No. 95-096. Motion -- Cather 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-95-2 A 95-3 A 95-3 - ROB HARTMAN REQUESTS THE ANNEXATION OF PROPERTY ADJOINING THE CITY GENERALLY LOCATED SOUTH OF 29TH STREET NORTH AND WEST OF HOOVER STREET. Agenda Report No. 95-097. Motion -- Cather 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-95-3 (Item No. 4) RIVERVIEW ANNEXATION ESTABLISHING A PUBLIC HEARING ON THE ANNEXATION OF ELIGIBLE PROPERTIES GENERALLY HEARING RESOLUTION LOCATED NORTH AND BOTH EAST AND WEST OF SENECA, IN AN AREA KNOWN AS RIVERVIEW. Marvin Krout Director of Planning reviewed the Item and explained that the location of the hearing had been changed to the Arkansas Avenue Elementary School, 3361 Arkansas. Agenda Report No. 95-098. The Resolution for consideration expresses an interest in annexing certain eligible properties to the City of Wichita and establishes a future public hearing date on March 28, 1995, for consideration of the same. The properties encompass 65.08 acres of land within which there are both platted and unplatted parcels. If the resolution is adopted, notification of the adoption will be sent to those property owners involved as required by State Law. When a future hearing date is established, a plan for extension of municipal services to the area will be placed on file in the City Clerk's office. The plan for services outlines the City's intentions to provide major municipal services to the area along with estimated costs associated with those extensions. Motion -- Reeser moved that the Resolution Setting a Hearing for March 28, 1995, 7 p.m., be -- carried adopted. Motion carried 7 to 0. RESOLUTION NO. R-95-045 A Resolution setting a hearing for March 28, 1995, at 7:00 p.m. for consideration of annexation of eligible properties generally located north of I-235, south of 49th Street North, and both east and west of Seneca, in an area known as Riverview, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. S/D 93-26 S/D 93-26 - PLAT OF THE OHLSON SECOND ADDITION LOCATED EAST OF BROADWAY AND SOUTH OF MACARTHUR. (District III) Agenda Report No. 95-098 Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Petitions, all 100%, have been submitted for sanitary sewer, municipal water and paving. A Certificate of Petitions has also been submitted. A zone change (Z-3056) from "AA" to "C" and "AA" to "E" zoning has been approved for portions of this site subject to platting. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Certificate Certificate of Petitions from Brad K. Ohlson. Water 100 Percent Petition for Water Distribution System No. 448-88891 to serve Ohlson & Ohlson Second Addition (south of MacArthur, east of Broadway) $31,000 S.A. (Hold for development) Sewer 100 Percent Petition for Sanitary Sewer (Project No. 468-82449) to serve Ohlson & Ohlson Second Addition (south of MacArthur, east of Broadway) (Lateral 29, Main 2, SWI) $29,500 S.A. (Hold for development) Paving 100 Percent Petition to pave Emporia (Project No. 472-82554) to serve Ohlson & Ohlson Second Addition (south of MacArthur, east of Broadway) $53,000 S.A. (Hold for development) Motion -- Cather moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change Z-3056 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has been -- carried recorded with the Register of Deeds. Motion carried 7 to 0. RESOLUTION NO. R-95-039 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-88891 (south of MacArthur, east of Broadway) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-040 Resolution of findings of advisability and Resolution authorizing construction of Lateral 29, Main 2, Southwest Interceptor Sewer, Ohlson Second Addition (south of MacArthur, east of Broadway) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-041 Resolution of findings of advisability and Resolution authorizing improving of Emporia from MacArthur Road to south line of Lot 1, Block B, Ohlson Second Addition; and sidewalk constructed along the west line of Emporia to south line Lot 1, Ohlson Addition, Project Number 472-82554 (south of MacArthur, east of Broadway) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. 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-3056 S/D 93-49 S/D 93-49 - PLAT OF THE CHRIST COMMUNITY CHURCH ADDITION LOCATED NORTH OF PAWNEE AND EAST OF WEBB. (District III) Agenda Report No. 95-070 Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Petitions, all 100%, have been submitted for sanitary sewer and municipal water improvements. A Certificate of Petitions has also been submitted. As required by this site's drainage plan, an off-site drainage agreement/easement has been submitted. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Cert. of Petitions Certificate of Petitions from Christ Community Church. Drainage Agreement Drainage Agreement from Cherry Creek Development, Inc., and Christ Community Church. Water 100 Percent Petition for Water Distribution System Number 448-88868 to serve Christ Community Church Addition (east of Webb, north of Pawnee) $34,000 S.A., $18,000 Water Utility W-65 (Hold for development) Sewer 100 Percent Petition for Sanitary Sewer to serve Christ Community Church Addition (east of Webb, north of Pawnee) (Lateral 126, WIS) (468-82423) $37,500 S.A. (Hold for development) Motion -- Cather 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-95-042 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88868 (east of Webb, north of Pawnee) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-043 Resolution of findings of advisability and Resolution authorizing construction of Lateral 126, War Industries Sewer (east of Webb, north of Pawnee) Project No. 468-82423 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. S/D 94-68 S/D 94-68 - PLAT OF THE VYNE ADDITION LOCATED WEST OF 119TH STREET WEST AND SOUTH OF MAPLE. (District V) Agenda Report No. 95-071. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. A 100 percent sanitary sewer petition, utility easement, and restrictive covenant have been submitted. Zone change Z-3143 (from "AA" to "B" zoning) has been approved for the site subject to platting. As a condition of the zone change, the applicant has provided a covenant restricting the uses to be developed at this site. The applicant will record the covenant as a condition of platting. Certificate of Petition Certificate of Petition from J. William Owen. Easement Easement from J. William Owen and Charles W. Aikins, Jr., Probate Case #91P638. Restrictive Covenant Restrictive Covenant from J. William Owen and Charles W. Aikins, Jr., Probate Case #91P638. Motion -- Cather moved that the Petition be approved and the Resolution be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change Z-3143 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has been -- carried recorded with the Register of Deeds. Motion carried 7 to 0. RESOLUTION NO. R-95-044 Resolution of findings of advisability and Resolution authorizing construction of Lateral 24, Main 1, Cowskin Interceptor Sewer (west of 119th Street West; south of Maple) Project No. 468-82450 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Cather moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. 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-3143 OFF AGENDA ITEM APPOINTMENT TO THE PARK BOARD Motion -- carried Rogers moved that an Item be taken up off the Agenda. Motion carried 7 to 0. Motion -- Rogers reappointed William Sanders and moved that the appointment be approved. -- carried Motion carried 7 to 0. EXECUTIVE SESSION Motion -- Broadfoot 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; personnel matters of non-elected personnel; preliminary discussions relating to the acquisition of real property for public purposes; and matters relating to employer-employee negotiations; and the regular meeting be -- carried resumed at 10:30 a.m.. Motion carried 7 to 0. RECESS Council recessed at 9:37 a.m. and reconvened in regular session at 10:35 a.m. Mayor Broadfoot Mayor Broadfoot announced that no action was necessary as a result of the executive session. RECESS The Council recessed to a workshop session at 10:35 a.m. and reconvened at 11:20 a.m. EXECUTIVE SESSION Motion -- Broadfoot 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; personnel matters of non-elected personnel; preliminary discussions relating to the acquisition of real property for public purposes; and matters relating to employer-employee negotiations; and the regular meeting be -- carried resumed at 1:00 p.m.. Motion carried 7 to 0. RECESS Council recessed at 11:21 a.m. and reconvened in regular session at 1:24 p.m. Mayor Broadfoot Mayor Broadfoot announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 1:24 p.m. Pat Burnett Deputy City Clerk JOURNAL 157 JANUARY 24, 1995 Page 1