MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, April 18, 1995 Tuesday, 9:07 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Ferris, Gale, Kamen, Rogers; present. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Rev. Jerry Milleson, Mt. Olivet United Methodist Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of April 11, 1995, were -- approved approved 7 to 0. AWARDS AND PRESENTATIONS SERVICE CITATIONS Mayor Knight presented Distinguished Service Citations to those present. OATH OF OFFICE Newly elected CPO members were administered the Oath of Office. PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. PUBLIC AGENDA BISHOP SHAW COMMENTS BY BISHOP VERONICIA M. SHAW. Bishop Veronicia Shaw Bishop Veronicia Shaw said 80 percent of the youth today have little knowledge of Christian behavior which results in misleading lifestyles. Bishop Shaw reminded the City that the children are the future generation. UNFINISHED BUSINESS ART MUSEUM BOARD ORDINANCE PERTAINING TO ART MUSEUM BOARD MEMBERSHIP. On April 4, 1995, the City Council, by a 4 to 3 vote, placed the ordinance on first reading. According to Council Policy, unless an item is withheld for individual consideration, the City Clerk carries the original vote forward on ordinances. Council Member Ferris was not present when the vote was taken on the Consent Agenda on April 11th, and with the votes carried forward from April 4th, the resulting vote was a moot vote 3 to 3 which requires Council reconsideration. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Mary Ellen Barrier Mary Ellen Barrier spoke in favor of the Ordinance. Motion -- Kamen moved that the Ordinance be placed on second reading and adopted. Motion -- carried carried 7 to 0. ORDINANCE NO. 42-773 An Ordinance amending Section 2 of Ordinance No. 42-615 establishing Section 2.12.090 of the Code of the City of Wichita, pertaining to membership of the Wichita Art Museum Board, and repealing the original of said Section, read for the second time. Kamen moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. NORTHEAST LIBRARY APPROVAL TO CONSTRUCT AND/OR LEASE NORTHEAST LIBRARY FACILITY. Continued from April 4, 1995. Chris Cherches City Manager reviewed the Item. On March 7, 1995, the City Council discussed this Item and took action to select two sites (the St. Mark's Church and a parcel of land which lies between the new Bank IV Branch building and a Police Substation on 21st Street) for the Northeast Branch Library for either construction or leasing the facility. On April 4, 1995, the Item was before the City Council with an analysis prepared with the assistance of a real estate firm. The Council reviewed the options which included remodeling the existing St. Mark's Church structure, construction of a new building to be built by the City on either site; leasing a building as constructed by JM Ltd.; or seeking another development for lease. At the April 4th meeting, the Council asked for additional information to be brought back to the Council on this date. The information has been provided and gives an analysis and comparison between the JM Ltd. leasing proposal and the scenario as included in the April 4th Agenda materials. Council Member Kamen Council Member Kamen said there are two issues: (1) fiscal (City or private builder), and (2) philosophical (location). Allen Bell Financial Projects Director said the analysis was done to distinguish between the two private lease options (JM Ltd. proposal and a generic proposal based on current real estate market conditions) presented on the earlier Agenda Report. At that time, the City was looking at $13/sq.ft. for the JM Ltd. proposal and $10.75/sq.ft. in the generic scenario. All the lease rates are triple net lease rates meaning that the City would pick up all of the operating costs including taxes, utilities, janitorial, etc. The only thing the lease rate would cover would be the payment for the space. The question was how do you account for the difference between these two lease rates - if the same amount of space is considered. The analysis done previously was reviewed and the goal was to attain an apples-to-apples, side-by-side comparison basis. The problem with that was that the generic example was non-site specific. The JM Ltd. proposal was based on a specific site - between the Bank IV Branch and the Northeast Police Substation on 21st Street (a particularly expensive site because of landscape, site preparation due to a sloping site, and restrictive covenant considerations). In this analysis, an attempt was made to equalize the considerations by using the same hard construction costs in both scenarios. The JM Ltd. scenario includes the construction costs for the two floors above the ground and a partial basement plus parking and landscaping. In the alternative developer's scenario, it was narrowed down to a 5,000 sq.ft. first floor with the assumption that this would be a building that would have only the library as a tenant. There would be no need for a basement. The parking costs and landscaping costs were left the same. Even though for a smaller building there would presumable be less parking requirements, there would also be more landscaping requirements so the parking savings would be offset. There are some differences in soft costs. The numbers in the alternative developer's scenario were developed based on work done by J.P. Weigand and Sons who advised the City on items such as architectural and engineering, developer fee, contingencies, and that sort of thing. The differences in the lease rates are accountable based on the terms of financing. JM Ltd. is looking at a 9 percent interest loan for 20 years. The alternative developer scenario assumes a 9.5 percent interest loan for 20 years. "The JM Ltd. proposal is looking at a break even lease rate when you take the two floors together. What we calculated here is the lease rate that they would need to get on the second floor space, the non-library space, in order for them to break even on their debt service requirements, and that turns out to be $9.43. If they lease the first floor to the City for library space, they will need to get $9.43 per sq.ft. average, depending upon how that break up that space - on the second floor, in order to be able to have enough cash flow from the lease of the facility to cover the debt service. "On the alternative developer scenario, it is a more standard approach where they figure they needed a 12 percent return on investors' equity and assuming 25 percent of the total cost would be provided as an equity contribution, they needed an $11.64 per sq.ft. lease rate in order to have sufficient cash flow to cover their debt service and also have a return to investors of 12 percent." The impact of the proposed arrangement where the developers would return the land and building to the City at the end of the 20 year lease term was developed. It was assumed that at the end of 20 years the City would have the second floor to lease and that Weigand's lease rate of $11.64 would be fairly representative of market lease rates and could be used as the assumption rate the City would receive after 20 years. It was also figured that the City would have to pay $20 per sq.ft. to refurbish the space because of the 20 years of wear and tear. So the cash flow was reduced by the debt service on refurbishment costs leaving an annual debt service to determine value. That value (20 years from now) was then discounted to present value of $64,260. If it is assumed that the City is, in essence, financing the City's acquisition of the building through a portion of the $13.00, that portion of the $13.00 per sq.ft. that represents the City's purchase of the building is $1.41 per sq.ft. To get to a truly comparable number, the $13.00 sq.ft. could be reduced by $1.41 resulting in as close of an apples-to-apples comparison as can be reached. Council Member Ferris Council Member Ferris said he was unsure why an "alternative developer" scenario was being looked at. The proposal from JM Ltd. which, if everything involved is calculated except the cost of the land, is $11.59 sq.ft. It is known that it will cost the City $10.30 sq.ft. to build the building. The issue is really whether JM Ltd. or the City should build the building. The last analysis of the $64,260 net present value is important because it takes the $13.00 lease rate down to $11.59. Then a philosophical question has to be developed regarding whether to be a landlord in the future. Hopefully the alternative developer issue can be dispensed with quickly and concisely. Council Member Kamen Council Member Kamen said it really does not make any difference whether or not JM Ltd. gives the City the building in 20 years because if the City finances the building the City would get the building free and clear in ten to fifteen years. If JM Ltd. gives the City the building in 20 years, the City would be paying rent for a longer period of time than it would if the City built the building and paid principal and interest for 10 to 15 years, or less, depending on the various financing methods. If the City were to build the building, the City would have an approximate 6 percent interest rate compared to JM Ltd. 9 to 9.5 percent interest rate. Allen Bell Financial Projects Director, responding to questions, said there is some CDBG money that could be used for the project if the City builds a new or renovates the St. Mark's Church. Regarding the triple-net, the City's lease would include a pro-rata amount of property taxes so the City would be paying property taxes on the City's portion of space. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Hendrick DeBoer Hendrick DeBoer questioned the 21st Street location. The entire northeast area needs renovation and there is much property available which would serve the community better. Rev. Titus James Rev. Titus James said people could walk the small distance to 21st and Hillside. Rev. Titus encouraged selection of construction by JM Ltd and encouraged construction of a library with room for consultation, study, and books. The City has leased other library buildings and encouraged the City to do so again. Rev. L.C. Drew Rev. L.C. Drew spoke in favor of a building at 21st and Hillside between the Bank IV building and the Police Substation. Rev. Drew encouraged approval of the site and selection of JM Ltd to build the building. Yolanda Williams Yolanda Williams agreed that sufficient room and restrooms are needed; however, both locations are poor in relationship to community services. St. Marks is too far east and the other site overlaps services provided by the WSU Library. Sharon Cranford Sharon Cranford, President of the Public Library Board, said the library branches serve the entire City. The Library Board wants the library to remain in the 21st Street corridor. A new library is preferred and the request be that there be no delay in making a decision. A 5,000 sq.ft. building size came from the Library Board. It is exciting to think of other African- American cultural items being in the same building. The Library Board would not have adequate financing in the current budget to pay $65,000 rent. Mayor Knight momentarily absent; Vice Mayor Kamen in the Chair. John Polson John Polson said neither site on 21st street has adequate space for parking. A disservice is being done to all in the northeast area because there are no library facilities in the area that compares to other branch facilities. Before the Council makes a decision on the location, the bulk of citizens in the district should be heard from. Council Member Cather Council Member Cather spoke in favor of the JM Ltd. proposal. The 21st Street renaissance is over due. Twenty-first street should continue to be improved. The JM Ltd. proposal gives flexibility and, at the end of 20 years, the building would be given to the City. The difference in the square footage cost is worth it for the pride the building would instill in the community. Council Member Ferris Council Member Ferris said size is an irrelevant issue because both buildings are the same size. If privatization is done, it is done for cost savings. The Library Board's recommendation is to choose not to lease the building. The preference is for the City to build the building. The site is also irrelevant. The City could build on either site as the City owns both sites. If the City built the building on 21st Street some construction costs could be saved as the City would not have the St. Mark's demolition costs. However, if the City eventually tries to sell the St. Mark's site, demolition will probably have to be done. An offer of $220,000 also has been offered for the 21st and Hillside location. Regarding the greater 21st Street issue, from Hillside to I-135, the City has spent an extra $780,000 to purchase extra property for extra construction for the street. The City has appropriated approximately $750,000 (City/County) on the site Union National Bank is developing. A $700,000 (property and building) Police Substation has been constructed. The corner of 21st and Grove was purchased. The purchase of Heartsprings was approved. So, the Council's commitment to 21st Street is well documented. What will be spent on the library will be sufficient to complement all the other things the City does. The bottom line is that the JM Ltd. proposal is approximately $12 a square foot. There is a $13 figure. If $1.41 is subtracted and then the taxes are added back in, the result is $12 square foot for 20 years. If the City builds the library, it is $10.30 square foot of 15 years. All of the City's buildings go through the CART and various other public art committees and are nice buildings. The bottom line is $12.00 versus $10.30. "We have done enough on 21st Street. We are continuing that here. To me there is no benefit to go with the JM. We can still have JM be the preferred developer if he has some other choice that he wants to do on that site and we can go ahead and build the library on the St. Mark's site. Council Member Kamen Council Member Kamen said the St. Mark's site is advantageous because of CDBG and other possible moneys. Council Member Rogers Council Members said this is a wash. A significant amount of different money is not in the scenarios. This is about the 21st Street Development Plan for Wichita - a significant benefit to all citizens in the City. The whole thing should be looked at rather than isolated parts. A part of the goal has been small business incentives on 21st Street. It seem this is one of the ways that goal can also be plugged in. This would also be a public/private partnership. Ownership of residences in the respective communities has been discussed. A part of what has happened in this Country is that too many people have been excluded from the economic process and have been asked to solve the ancillary problems that arise from that. "You cannot do it. You have to create an economic cash flow within these various communities, within the City of Wichita. you have to involve people in that economic opportunity to create a cash flow and a dollar turn over so that the community, once it has grown and developed and progressed, can maintain itself. The City cannot keep maintaining communities." "I see these things as incentives from the City to ensure that the communities can grow and develop and maintain themselves. "We are aware, when we are talking about minority firms, for whatever reasons, we have discussed it over and over and over, that people that go to church together, socialize together, and go to school together, and live in the same communities, they tend to hire each other. It is that employment philosophy and goal that we have had. I am not debating the reasons, I am simply saying that this is another plug-in with this whole philosophical concept that we have considered. "I would ask you that you seriously consider all of these items in what you finally will vote for." Council Member Cole Council Member Cole said the 21st Street Project is important; however, through all this time while working with preferred developers, those preferred developers brought real money to the table before the project - not something that would happen 20 years from now. It is very important that partnerships be "real" partnerships. Some of the things looked for were forgiveness of developer fees or forgiveness of architectural fees which would have been real money. None of that has been seen in this proposal. Therefore, while there is no site preference, the JM Ltd. proposal to lease cannot be supported. "I believe that it is in the best interest of us and the taxpayers to support a building built by the City and owned by the City for the Library." Mayor Knight Mayor Knight stated that there is an economic issue in terms of tax and budget implications and there is a social implication. "I met with some of the principals involved the other day and I am convinced that there is a wake-up call being sounded, not just in Wichita but around this world, and many of us seem to be sleep walking. We do not seem to be hearing it. We do not seem to be responsive. I think, in Wichita, Kansas, there are many people in this community looking to three or four people sitting out here as models and examples that certain things can happen in this City. And, if these three, four, or five people cannot make it happen, there is very little hope in many people's minds that anyone else can." There are some compelling features to try to assign some value to. It would be an enormous benefit to this City to have a world class Gordon Park's permanent exhibit for everyone in this City and visitors to the City. It would be worth a lot for this City for young African-Americans to really feel like they can advance in the community and participate in every way. Motion -- Rogers moved that staff be directed to enter into negotiations with JM Ltd. for the building and leasing of the Northeast Library on 21st Street at the site located between the Police Substation and Bank IV. Subst. Motion -- Ferris moved a substitute motion that the City choose to build the Northeast Branch Library; that a 30-day extension be offered to JM Ltd., in which case JM Ltd would decide whether or not they wanted to continue as the preferred developer for the for the site between the Northeast Police Substation and Bank IV, and if, in that 30-day process, the offer was not accepted, the City would once again solicit developers for that site; that the Library be designated as a new library at the St. Mark's site; the St. Mark's site would then be demolished and the new library would be constructed on that site; and that part of the bid specifications would be a bid alternate that would include a library basement (finished or unfinished - however those alternates would be written) so the City Council could evaluate it. A 5,000 square foot basement under the library might allow for some additional meeting rooms and those types of things at a very low cost. Council Member Kamen Council Member Kamen asked if the motion might be divided into two parts - one part whether to be built by JM Ltd. or the City, the other part would be the site for the library. Council Member Rogers Council Member Rogers asked that the substitute motion not be supported because a great deal of plans under way would be thrown out. If under the substitute motion, JM Ltd. decides to build a building, because the City has named JM as the preferred developer on the site, that leaves the St. Mark's property for the City to build a library. That wipes out an awful lot of things that are on the precipice of tipping over for some additional development on 21st Street. Although it sounds good, interlopment is occurring on a lot of discussions that have occurred and are in existence. Amendment -- Ferris, with consent of the second, amended the substitute motion to remove the construction at the St. Mark's site. There would be no problem with waiting until after the 30-day period to decide exactly where the library would be built. Council Member Ferris Council Member Ferris explained that he thought it would be expeditious to allow JM Ltd. to decide and let them know the City is still interested in JM being a preferred developer. If JM Ltd. is not interested in being the preferred developer for the site, then the City can make a decision on where to build the library subsequent to JM's decision. There really are only two sites the City has chosen and the City can still decide to build the library at 21st and Hillside if that is where it is decided the library should be built. Even if JM wants to extend the preferred developer agreement, the City can decide that the preference is to not extend the preferred developer agreement. The City's options are all open. -- carried Substitute motion, as amended, carried 4 to 3. Cather, Rogers, Knight - No. CONDEMNATIONS CONDEMNATION OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 95-163 A. On February 28, 1995, a report was submitted with respect to the dangerous and unsafe conditions of the buildings located on nine (9) properties. The Council adopted resolutions providing for public hearings to be held on each of these condemnation actions at 11:00 a.m. on April 18, 1995. On February 6, 1995, the Board of Code Standards and Appeals (BCSA) held a hearing on the following properties: (1) 1225 North Mathewson (2) 550 Mathewson (3) 2615 E. 9th (4) 1100 N. Indiana (5) 1203 N. Grove (Garage) (6) 1315 N. Green (7) 1325 N. Green (8) 1342 N. Chautauqua (9) 1920 N. Lorraine Pursuant to State Statute the Resolutions were duly published twice, on March 1, 1995, and March 8, 1995. A copy of each resolution was sent by certified mail or given personal service delivery to the owners and lien holders of record of each described property. Kurt Schroeder Acting Superintendent of Central Inspection explained that there were persons present to speak on Items 3, 7, and 8. Motion -- Rogers moved that the public hearing be closed on Items 1, 2, 4, 5, 6, and 9, the resolutions declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolutions published once in the official city paper and -- carried advise the owners of these findings. Motion carried 7 to 0. RESOLUTION NO. R-95-169 A Resolution finding that the structure located on Lots 76 and 78, Mathewson Avenue, Granville Park Addition to Wichita, Sedgwick County, Kansas, known as 1225 North Mathewson, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-170 A Resolution finding that the structure located on Lot 82 and the north 2 feet of Lot 83, on Mathewson Avenue in Shirk's Addition to Wichita, Sedgwick County, Kansas, known as 550 Mathewson, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-171 A Resolution finding that the structure located on Lots 2 and 4 in Priest's Addition to Wichita, Sedgwick County, Kansas, known as 1100 North Indiana, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-172 A Resolution finding that the structure located on Lots 21 and 23 on Grove Street in Tippecanoe Addition to Wichita, Sedgwick County, Kansas, known as 1203 North Grove (garage), Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-173 A Resolution finding that the structure located on Lots 35 and 37, on Alice now Green Street, Fairmount Park Addition to Wichita, Sedgwick County, Kansas, known as 1315 North Green, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95-174 A Resolution finding that the structure located on Lots 25 and 27, Block 4, in College Terrace Addition to Wichita, Sedgwick County, Kansas, known as 1920 North Lorraine, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. 2615 East 9th Kurt Schroeder Acting Superintendent of Central Inspection reviewed the Item. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Samuel J. Roberts Samuel J. Roberts asked for time to renovate the property and said a new roof would be put on and the structure would be brought back to good living condition. The taxes could be paid immediately, the property secured, and he would try to complete the repairs in 60 days. Motion -- Rogers moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, that 60 days be given to substantially complete repairs; and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid immediately and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these -- carried findings. Motion carried 7 to 0. RESOLUTION NO. R-95-175 A Resolution finding that the structure located on Lots 5 and 6, on Fairview Avenue now 9th Street, in Kaufman & Diedrich's Subdivision in Mossman's Addition to Wichita, Sedgwick County, Kansas, known as 2615 East 9th, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. 1325 North Green Kurt Schroeder Acting Superintendent of Central Inspection reviewed the Item. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Mrs. Field Mrs. Field, now living in Oklahoma City, asked for 90 days to complete demolition. Motion -- Rogers moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, that 30 days be given to begin demolition and 10 additional days be given to complete demolition; and any extensions of time granted to would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of -- carried these findings. Motion carried 6 to 1. Cather - No. RESOLUTION NO. R-95-176 A Resolution finding that the structure located on Lots 27 and 29, on Alice now Green Street Addition to Wichita, Sedgwick County, Kansas, known as 1325 North Green, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 6 to 1. Yeas: Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. Nays: Cather. 1342 North Chautauqua Kurt Schroeder Acting Superintendent of Central Inspection reviewed the Item. The contract buyer, Archie Madison, says he has been living in the structure but records show that there has been no water or gas service for several years. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Archie Madison Archie Madison said he needs additional time to pay the taxes and bring the structure up to code. The Mennonites have helped jack up the house. Mr. Madison said he is on a fixed income and cannot afford to do the repairs himself. Mennonite Housing did the roof and is going to do the porch, brick work, and cement block work in the basement. Mr. Madison also said he has water and gas service. Kurt Schroeder Superintendent of Central Inspection said that records show that from 1990 to the present, no one has been in the house. Mail sent from OCI has not gone through. The structure has not been occupied when checked. There has been no water service since 1991 and if there has been, it has been illegal. Mr. Madison has been working on repairs for five years. Motion -- Rogers moved that moved that the public hearing be closed, the resolution declaring the building(s) dangerous and unsafe structures be adopted, that the owner be given until Friday to have the taxes and special assessments paid; the Superintendent of Central inspection contact and schedule with Mennonite Housing within Policy 33, or schedule for condemnation; that the premises be cleaned immediately; and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of these findings. Council Member Kamen Council Member Kamen suggested the item be deferred one week. Council Member Cole Council Member Cole said the owner should understand that the taxes and special assessments are to be paid by Friday. Kurt Schroeder Superintendent of Central Inspection said he could get details on this matter and report back to the Council. -- withdrawn Motion, with consent of the second, withdrawn. Motion -- Rogers moved that this Item be deferred one week and the Superintendent of Central Inspection bring information from Mennonite Housing regarding scheduling and costs, explanation be given to Mr. Madison; and the debris and old -- carried refrigerator be removed immediately. Motion carried 7 to 0. MAPC BYLAWS PROPOSED AMENDMENTS TO THE MAPC BYLAWS. Continued from March 7, 1995, for a determination as to how CPO might be involved in MAPC. Council Member Rogers momentarily absent. Mayor Knight left the Bench; Vice Mayor Kamen in the Chair. Agenda Report No. 95-195. MAPC Recommendation: Approve proposed amendments as originally sent to Council (10-1) On November 17, 1994, the MAPC voted (10-1) to approve a number of amendments to Sections 9 and 10 of their bylaws regarding its rules of conduct. On December 28, 1994, the Sedgwick County Board of Commissioners voted to concur with the proposed amendments. On December 30, 1994, the City Council considered the set of amendments to its bylaws proposed by MAPC, and voted to return these proposals to MAPC for reconsideration. The MAPC did consider the amendments again at their meeting of January 26, and voted again to approve the amendments as originally submitted to the Council. In their motion, they also requested "some recognition for the amount of volunteer time that we spend as an advisory group to the Council. It appeared that Council Members had two primary concerns with the proposed amendments: 1. MAPC members representing applicants. At least one Council Member (as well as the one MAPC member who voted against the proposed amendments to the bylaws) expressed the view that the proposed amendment dealing with MAPC members who represent persons asking the MAPC for development approvals does not go far enough. The MAPC-proposed amendment would prohibit MAPC members who represent a person asking the MAPC for development approval from being present at the meeting to assist or represent the applicant. The issue is whether the MAPC can be expected to act impartially toward an applicant who is represented or assisted by a fellow MAPC member, even if that member announces a conflict of interest and leaves the proceedings. The majority of the MAPC felt that they could still act impartially in this situation, and if the member declared a conflict and left the proceedings, it was not necessary to preclude such a person from serving on that board. In addition, the City Attorney's office has advised that this kind of prohibition on certain people serving on a board would be more appropriately dealt with by the City Council (and/or County Commission) dictating qualifications for appointment, in its own code, or in the agreement with the County establishing MAPC. The MAPC bylaws are meant to establish procedural rules for members who have been appointed, not to setting qualifications for appointment. 2. "Silencing CPO members". There was also some expression from Council Members that the proposed bylaws prevented the Council from obtaining advice from MAPC or CPO members. To clarify: a. the proposed amendments limiting the expression of opinions only applies to quasi-judicial items, such as rezonings, and not to other items considered by the MAPC. b. regarding the expression of opinions on quasi-judicial items prior to MAPC hearings, the proposed limitation was expressly recommended by the city and county attorneys, in order to ensure that due process is maintained. The MAPC members are supposed to withhold their judgment on cases until after they have all the evidence offered at the official public hearing. If someone speaks out on a case in advance of that hearing, they will have prejudiced the proceedings and open the City up to lawsuits on procedural grounds. c. regarding the limitation on MAPC members speaking before the governing bodies on quasi-judicial items after the MAPC hearing (the proposed amendments would only permit a member to speak if delegated by the MAPC to do so): - In the first place, the City Council has an adopted policy which prohibits testimony by any speakers on quasi-judicial items, so this limitation would really only apply to County Commission cases. - Second, the reason for such a rule is to prevent every MAPC member from making their own individual presentation to the governing body on why they voted the way they did; staff prepares detailed minutes of the MAPC hearing for the governing bodies of the MAPC hearing to reflect how each member defended their vote at the hearing. - Third, nothing in the bylaws prevents MAPC members from privately contacting any members of the governing body to provide their views on a case after the MAPC hearing. The attorneys for both governing bodies have reviewed the proposed language and approved them as to form. The joint agreement between the Wichita City Council and the Sedgwick County Board of Commissioners requires that any changes to the bylaws of the MAPC can only be adopted with the concurrence of both governing bodies. Mayor Knight present and in the Chair. Council Member Cather Council Member Cather said it seems that in the long run it is beneficial for the CPO to have some influence in zoning laws. These rules would pre-empt the CPO from having a meaningful position. It also seems that someone serving on MAPC who represents the applicant before the MAPC has a conflict of interest. If an individual on the MAPC abstains from participation, a message is sent out that that individual has an interest in the proceeding. A judge in a judicial proceeding would never be permitted to write the appeal brief and then simply not represent the individual before his judicial panel. Council Member Ferris Council Member Ferris said it should be the Council's policy and the Planning Commission's policy, in all quasi-judicial matters, not to speak publicly regarding feelings in the matter at hand. There have been many cases that have been before the Council on which the wishes of the abstaining Council Member were not carried out. The Council Member's wishes were irrelevant in the final decision. Council Member Cather Council Member Cather said the Sedgwick County Counselor indicated that the County Commission sometimes talks to people and indicates Commission position. This is at odds to what the City's Counsel said with regard to City actions. The rule is for a joint commission and the City is almost telling the County Commission how they should act. Mayor Knight present and in the Chair. Marvin Krout Director of Planning said #2 only applies to a zoning case or a CUP case where an individual application is being discussed. And, this is being recommended based on the advice of the City Attorney. Motion -- carried Ferris moved that the amendments be approved. Motion carried 6 to 1. Cather - No. NEW BUSINESS TAX EXEMPTION REQUEST PUBLIC HEARING: TAX EXEMPTION REQUEST - NAR-MAC INDUSTRIES, INC. (DISTRICT VI) Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-321. NAR-MAC Industries, Inc., (NAR-MAC), is a custom blow molder specializing in small to medium sized parts. NAR- MAC, located at 1918 North Wabash, is requesting a tax exemption on a $4,975,000 expansion project consisting of the purchase of 8 to 10 blow molds and support equipment. The purchases will be phased over a four year period. NAR-MAC has been engaged in the custom blow mold business since March of 1994. NAR-MAC custom molds parts weighing up to five pounds such as lantern cases, coolers and lids, toy products, bottles and beakers. NAR-MAC has grown from 0 to 38 employees and expects to add 43 to 60 new employees over the next four year period. The $4,975,000 expansion project will be phased over a four year period as follows: Phase I - 1994 Purchases: 2 Blowmolds $1,000,000 2 Blenders 125,000 2 Grinders 45,000 2 Air Compressors 70,000 4 Trim fixtures 60,000 Total 1994 Purchases: $1,300,000 Phase II - 1995 Purchases: 2 Blowmolds $1,000,000 2 Blenders 125,000 2 Grinders 45,000 4 Trim fixtures 60,000 Total 1995 Purchases: $1,230,000 Phase III - 1996 Purchases: 2 Blowmolds $1,000,000 2 Blenders 125,000 2 Grinders 45,000 4 Trim fixtures 60,000 Total 1996 Purchases: $1,230,000 Phase IV - 1997 Purchases: 2 Blowmolds $1,000,000 2 Blenders 125,000 2 Grinders 45,000 3 Trim fixtures 45,000 Total 1997 Purchases: $1,215,000 Total Purchases: $4,975,000 Under the City's Business Incentives Policy, NAR-MAC is eligible for the following: TAX EXEMPTION ELIGIBILITY ELIGIBLE % INCENTIVE EXPLANATION 58% New Job Creation: NAR-MAC presently employs 38 full-time and up to 20 part-time employees at its facilities and expects to hire additional 43 employees within five years. 40% Capital Imprvs: NAR-MAC will invest approximately $4,975,000 in the purchase of additional personal property. 0% Location Premium: NAR-MAC is not located in area eligible for this incentive. 98% Total Business Incentives 50% TOTAL ELIGIBLE FOR BUSINESS INCENTIVES (Maximum allowed is 50%) 49.5% Export Premium Great Plains exports 99.0% of its products out of the State of Kansas. 49.5% TOTAL ELIGIBLE FOR EXPORT PREMIUM (Maximum allowed is 50%) 99.5% TOTAL EXEMPTION ALLOWED UNDER BUSINESS INCENTIVE POLICY NAR-MAC is eligible for a 99.5% tax exemption on personal property for a five year period. A notice of public hearing has been published. NAR-MAC will maintain a City of Wichita approved EEO/AA Plan for the full term of the Tax Exemption. The estimated first year taxes on NAR-MAC's proposed $4,975,000 project under the 1994 mill levy on property within the Wichita City limits would be $120,894. Using the allowable tax exemption of 99.5%, the City would be exempting, for the first year, $120,289 of new taxes from the real property tax rolls. NAR-MAC will pay personal property taxes estimated to be $605 (the remaining .5% portion of tax abatement not granted by the Council) in taxes on the proposed expansion. NAR-MAC leases the building it is in and therefore does not pay real property taxes on it. The building will stay on the property tax rolls. The policy exemption equates to $2,797 of exempted taxes per each new job (43 new jobs). The tax exemption will be shared among the taxing entities as follows: City - $33,188; County/State - $31,407; and USD 259 - $55,694. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the public hearing be closed; a 99.5% tax exemption for five years on the personal property be allowed; and the Ordinance be placed on first -- carried reading. Motion carried 7 to 0. ORDINANCE An Ordinance exempting property from ad valorem taxation for economic development purposes pursuant to Article 11, Section 13, of the Kansas Constitution; providing the terms and conditions for ad valorem tax exemption; and describing the property of Mar-Mac Industries, Inc., so exempted, introduced and under the rules laid over. RECESS The Council recessed at 12:09 P.M. and returned at 1:32 P.M. THIRD STREET BRIDGE REMOVAL OF THIRD STREET BRIDGE OVER WICHITA DRAINAGE CANAL. (District I) Motion -- Rogers moved that this Item be referred to the CPO Council and action be deferred -- carried two weeks. Motion carried 7 to 0. CITY COUNCIL AGENDA STORMWATER UTILITY FEES DISCUSSION OF STORMWATER UTILITY FEES. (Requested by Vice Mayor Kamen) Council Member Kamen Council Member Kamen said he felt there were some problems with the way the Stormwater Utility Fees are presently set up; and asked that Staff bring back recommendation and information on how the Stormwater fees might be cut in half or pay for some of them through other means. Council Member Kamen said he had no problem with the concept of the Stormwater Utility Fees but they were set way too high. Mayor Knight Mayor Knight said he would support asking Staff to work with Council Member Kamen and provide information needed; and that Council Member Kamen then schedule the item to be brought back to the Council at a future date when there would be a full Council. Motion -- Knight moved that Council Member Kamen be given information necessary as requested on Stormwater Utility Fee structure and that staff work with him; and that this Item be returned for Council discussion on May 16, 1995. Council Member Rogers Council Member Rogers said there were some long-term commitments were made as a result of these kinds of fees and it is assumed that that information and the impact of those commitments would be on other aspects of the budget in the event a change were made. -- carried Motion carried 7 to 0. LANDSCAPE ORDINANCE DISCUSSION OF RECENT AMENDMENT TO LANDSCAPE ORDINANCE. (Requested by Vice Mayor Kamen) Council Member Kamen Council Member Kamen said that previously staff had worked with people who had problems with a potential ordinance. Now that an ordinance has been adopted, there has been some inter-action between those affected by the ordinance and those who are implementing the ordinance. It is hoped that Staff could meet with people affected by the ordinance (developers, realtors, etc.) and that the matter be brought back to the Council at a future date in May. Council Member Cole Council Member Cole said the City's ordinance is a pathetic little ordinance compared with other cities in our region. But, the ordinance went through a lengthy process of meeting with builders, CPOs, environmental people, and other interested parties. The MAPC voted in favor of the ordinance, with the exception of one vote against it because that person wanted a stronger ordinance. Development people are highly represented on the MAPC. There is a great deal of worry about all of the time and energy and positive input that went into an extremely watered down ordinance. Council Member Kamen Council Member Kamen said that rather than looking at the whole ordinance, those areas that are troublesome might be looked at. Then the matter could be looked at by either the MAPC or the Council. Citizens say resulting implications in the ordinance are different than what was intended. Council Member Ferris Council Member Ferris said consideration might be given to having ordinances revisited automatically twelve months after the ordinances are enacted to see how the ordinances work. There might even be a formal policy in this regard. Council Member Cole Council Member Cole said the Council should deal with those who have actually constructed parking lots but not with supposition. Council Member Cather Council Member Cather said he would have no problem with a sunsetting ordinance but he would prefer to have some kind of workshop so staff can inform the Council of how the ordinance is working from their perspective, then the subject could be opened up for public debate. Motion -- Kamen moved that Staff meet with those who have problems with the ordinance and then a workshop be held before the matter is brought back to the Council. Council Member Ferris Council Member Ferris said he had received telephone calls from individuals who had evaluated the landscape ordinance and then, because it would have cost too much money to comply with the ordinance, the expense could not be justified so their project was abandoned. The City will not get in touch with those people. Council Member Kamen Council Member Kamen stated that he would like staff to visit with the persons who had contacted Council Member Ferris. -- carried Motion carried 7 to 0. ALARM PERMIT FEES DISCUSSION OF PERMIT FEES FOR RESIDENTIAL BURGLAR ALARMS. (Requested by Vice Mayor Kamen Council Member Kamen Council Member Kamen stated that he feels residential burglar alarms are a crime deterrent and everything should be done to try to have as many burglar alarms as possible in residences. There are false alarm fees and permit fees. The false alarm fees are necessary and can false alarms can be eliminated when care is taken with the systems. The $20 (every two years) permit fee is approximately $60,000 a year. The City would be doing a lot of good, especially for those on fixed incomes, and some administration costs would be saved if the $25 permit fee were eliminated. Council Member Cole Council Member Cole said care should be taken not to do things that look as if the City is subsidizing people who can afford to do things that other people cannot. "I happen to have an alarm. I do pay $10 a year. I think I should have to pay a permit fee that pays for the administrative costs of that system which I have deemed I can afford to pay for. I think, very often, since I have been on this Bench we talk about government staying out of peoples' businesses but I think there is a fine line where government should not subsidize people who have money enough to do some of these things. And, that is what this situation looks like to me. I do not believe $20 every two years is something that I want to pay out of general tax payer dollars for those people that can have system or have chosen to have systems. Council Member Kamen Council Member Kamen said he is asking for staff to bring back the pros and cons. Council Member Kamen added that there should be permits permits because the City has to keep track of those who do buy licenses and where the systems are. The City is not doing too good of a job because there are lot of burglar alarms are installed for which permit fees are not paid. The City is not accomplishing everything that is desired to be accomplished. Kamen said he would like Staff return in about four weeks with the pros and cons of this matter for Council to make a determination. Motion -- Kamen moved that Staff return with recommendations on the elimination of permit -- carried fees for residential burglar alarms. Motion carried 5 to 2. Cather, Cole - No. RAILS TO TRAILS DISCUSSION OF RAILS TO TRAILS. (Requested by Council Member Ferris) Council Member Ferris Council Member Ferris said more comment had been heard on the Rails to Trails issue in the last two months than any other issue that has been before the Council in quite some time. The goal today is not to discuss the merits or lack of merits of the Rails to Trails issue but to find out if the Council would be willing to re-assess positions on this matter. Council Member Cather Council Member Cather said new developments (i.e.; Burlington Northern has agreed to sell most or all of the easement to the land owners, and other developments) which have occurred and suggested a workshop might be held to review the developments and status of the matter. Council Member Ferris Council Member Ferris stated that he did not think there was a need for a workshop. The Council would want Staff to make all new developments and information a part of the presentation when the matter is brought back for Council discussion and possible action. Motion -- Ferris moved that this matter be brought to the Council with input from staff and information for discussion by the City Council on May 16, 1995. Council Member Rogers Council Member Rogers said the use of staff time should be a consideration because the Council is requesting more and more of staff. Also, the Council does not even know the possibilities of what can be done with the Rails to Trails on a long-range plan basis. The original intent was to get information about the possibilities of what could occur. Perhaps the intent now is to supersede the original intent. Chris Cherches City Manager, responding to a question, said the latest status, right up to the day before the Item is on the Agenda, will be checked on and information will be gathered. Council Member Ferris Council Member Ferris clarified that his personal goal is to reverse the action the City Council previously took. This would make any future staff work on this matter unnecessary. Council Member Ferris said he is asking for the Rails to Trails issue to be on the May 16, 1995, Agenda; that there be a presentation by staff (including all the information available at that time); that discussion be held by the Council (with no public hearing) on what to do at that point with regard to Rails to Trails. -- carried Motion carried 5 to 2. Cather, Rogers - No. PUBLIC ART FUNDING REQUEST ANALYSIS OF FUNDING FOR PUBLIC ART IMPROVEMENTS. (Requested by Council Member Ferris) Council Member Ferris Council Member Ferris stated that there are a number of projects scheduled throughout the years that have been forced back due to a lack of funding. The public art component of the Capital Improvement Program (CIP) of projects is really never identified. Approximately $1.5 million annually is spent on public art and landscaping and those kinds of things. Motion -- Ferris moved that staff return, some time before the budget (towards the end of May or first of June), with a report on how much money has been spent in the last three years on public art and landscaping; what is currently being budgeted in the next two to three years as a portion of the CIP for public art and landscaping for those projects; any hidden costs in consulting fees when engineering estimates are done that require extra steps (bid process, etc.) to accommodate the public art portion of the budget and those types of things. The report would be for the Council to receive the information for discussion and, perhaps, action to modify the percentage going towards art and landscaping. Chris Cherches City Manager, responding to a question, said several public hearings were held on the public art component and research was done regarding how other communities determined what percentage used for public art. The one percent of capital cost amount is the common practice around the Country and was the recommendation from the Public Art Board. The one percent is based only on items like buildings, bridges, and structures of that type. Council Member Ferris Council Member Ferris said there are other issues of hidden costs that could be brought out for discussion. Council Member Kamen Council Member Kamen asked that information regarding federally mandated ADA requirements for CIP projects be included. It seems like some of the public art dollars might be used for the ADA requirements. Amendment -- Ferris, with consent of the second, amended the motion to include information regarding dollars being spent for federally mandated ADA requirements for CIP projects. Chris Cherches City Manager, responding to a question, said the one percent amount for public art is for the art (such as medallions, sculptures, the Douglas and Main intersection work) and does not include items such as paving block for pedestrian walks at intersections, or the landscaping portion. -- carried Motion, as amended, carried 5 to 2. Cather, Rogers - No. APPOINTMENTS APPOINTMENT TO WICHITA PUBLIC BUILDING COMMISSION. One appointment (Cather), for a term to expire June 30, 1995. Motion -- carried Cather moved that the appointment be deferred one week. Motion carried 7 to 0. APPOINTMENT TO TRAFFIC COMMISSION. One appointment (Cole), for a term expiring June 30, 1995. Motion -- Cole appointed Jim Huntley and moved that the appointment be approved. Motion -- carried carried 7 to 0. APPOINTMENTS TO COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. Two appointments (Gale, Rogers), for terms expiring June 30, 1995. Motion -- carried Gale moved that the appointment be deferred two weeks. Motion carried 7 to 0. Council Member Rogers Council Member Rogers asked that names of interested persons be referred to him. Motion -- Rogers moved that the appointment be deferred two weeks. Motion carried -- carried 7 to 0. PROCLAMATIONS PROCLAMATIONS. There were no proclamations considered. CONSENT AGENDA Knight moved that the Consent Agenda 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 APRIL 10 & 17, 1995. At 10:00 a.m., Friday, April 10, 1995, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1995 Contract Maintenance Diamond Grinding of Arterial Streets at various locations. (132431) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-20-94) (District all) Safety Grooving and Grinding - $195,000.00 - Engineer's Estimate Botanica Parking Lot Expansion (southeast corner of Murdock and Amidon). (472-82571/791160). Does not affect existing traffic. (Council approval date 11-01-94) (District 6) Ritchie Paving - $123,862.50 Lateral 49, Main 3, Southwest Interceptor Sewer to serve South Seneca Gardens Second Addition and unplatted tracts (south of 51st Street South, east of Seneca). (468-82363/741744/480266) Does not affect existing traffic. (Council approval date 11-30-93) (District 4) Nowak Construction - $20,812.00 Water Distribution System to serve Sterling Farms Addition (north of 21st, west of Tyler). (448- 88896/732594/470337) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-14-95) (District 5) Nowak Construction - $48,742.00 The Board of Bids and Contracts recommended that the contract be awarded as outlined above, subject to check, same being the lowest and best bid and within the Engineer's construction estimate. Knight moved that the contract 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 the contract for the City. Motion carried 7 to 0. VARIOUS DEPARTMENTS/VARIOUS DIVISIONS: MISCELLANEOUS AIR, FUEL & OIL FILTERS AS PER SPECIFICATIONS Central Detroit Diesel - Price sheet #42A/57A-20 - AC Delco 61% discount PUBLIC WORKS/FLEET & BUILDINGS DIVISION: FURNISH LABOR, MATERIAL, EQUIPMENT, PERMITS, APPROVALS, APPLIANCES, HAULAGE & SERVICES TO PROVIDE DEMOLITION AND REMOVAL OF AUTOMOTIVE SERVICE STATION, 940 SOUTH SENECA, PUBLICLY KNOWN AS 946 SOUTH SENECA AS PER SPECIFICATIONS Cornejo & Sons, Inc. - $4,860.00 HEALTH DEPARTMENT: LAB TESTS & COLLECTION KITSAS PER SPECIFICATIONS GEN-PROBE Incorporated - Item 1 - $ 40.00 per package - Item 2 - $ 40.00 per package - Item 3 - $ 215.00 per kit - Item 4 - $ 140.00 per kit - Item 5 - $ 25.00 per kit - Item 6 - No charge - Item 7 - $ 30.00 per kit - Item 8 - $ 30.00 per kit - Item 9 - $ 50.00 per kit - Item 10 - $ 50.00 per kit PUBLIC WORKS/ENGINEERING: SURVEYING INSTRUMENTATION AS PER SPECIFICATIONS Klein Survey Systems, Inc. - Item 1 - $ 588.66 per each - Item 2 - $ 214.74 per each - Item 3 - $ 981.55 per each Less $ 550.00 (Option A - lump sum) $ 981.55 (Option B - lump sum) - Item 4 - $ 89.91 per each - Item 5 - $ 499.95 per each - Item 6 - $ 269.00 per each - Item 7 - $ 299.50 per each - Item 8 - $ 108.98 per each - Item 9 - $ 94.52 per each - Item 10 - $ 23.99 per each - Item 11 - $11,834.00 per each Less $ 2,000.95 (Option A - lump sum) - Item 12 - $ 2,277.83 per each - Item 13 - $ 80.00 per each - Item 14 - $ 85.00 per each - Item 15 - $ 189.00 per each The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, same being the lowest and best bid. Knight 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, April 14, 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 April 17, 1995) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Old Town Street Improvements Phase III, Part 2 - Mead from First Street to Second Street. (472- 82485/762666/490369). Through traffic will not be carried during construction; local access only. (Council approval date 08-09-94) (District VI) Cornejo & Sons - $589,704.50 Old Town Street Improvements Phase III, Part 2 - Rock Island from 360' north of First Street to Second Street. (472-82475/706010). Through traffic will not be carried during construction; local access only. (Council approval date 06-21-94) (District VI) Cornejo & Sons - $193,000.00 - Engineer's Estimate Relocate a portion of Submain, Sanitary Sewer #21 (Ice Rink) (Maple and Sycamore). (468-82454/621037) Does not affect existing traffic. (Council approval date 12-14-93) (District VI) Dondlinger Construction Company, Inc. - $50,740.50 The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid and within the Engineer's construction estimate. Knight moved that the contracts 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 the contract for the City. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Adult Entertainment 1995 Lewis F. Self Adult Entertainment Center2809 N. Broadway Lewis F. Self Adult Entertainment Center 7805 W. Kellogg Lewis F. Self Adult Entertainment Center 3721 S. Broadway Escort Service 1995 Louis E. Belanger Entertainment Tonite 3014 E. Harry Retail Cereal Malt Beverages. Special Event 1995 Nancy E. Parish Wichita River Festival2nd & McLean John E. Thien Wichita River Festival2nd & McLean Patrick J. Audley Wichita River Festival2nd & McLean Renewal 1995 (Consumption on Premises) Kevin F. Raven Taco Tico Restaurant*1118 W. Douglas (Consumption off Premises) Robert J. Bales Klepper Oil Company, Inc.2601 N. Broadway Gerald L. Bontrager 7-11 Convenience Store6330 E. 21st Helen Lu KC Gas & Groceries1161 N. Broadway Curt McMurphy QuikTrip #329R 5602 E. Harry New Operator 1995 (Consumption on Premises) Mario H. Garcia Angela's Cafe* 10901 E. Kellogg *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS PLANS AND SPECIFICATIONS. a. Water Distribution System for Crestview Country Club Estates to serve Overbrook 2nd Addition (north of Central, east of 143rd Street East). (448-88879/732529/470) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-13-94) (District n/a) b. Flood Detention Reservoir #24 (east of Meridian and north of 42nd Street North). (468- 82406/750588/485094) Does not affect existing traffic. (Council approval date 7-26-94) (District V) c. 12" Water Main Relocation along Rock Road, north of 13th Street to serve (Rock Road, north of 13th). (448-88908/633420/544569) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-14-93) (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., April 28, 1995. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1995 Contract Maintenance Diamond Grinding of Arterial Streets at various locations - $214,200.00. (132431) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-20-94) b. Botanica Parking Lot Expansion (southeast corner of Murdock and Amidon). (472-82571/791160) - $220,000.00. Does not affect existing traffic. (Council approval date 11-01- 94) (District VI) c. Lateral 49, Main 3, Southwest Interceptor Sewer to serve South Seneca Gardens Second Addition and unplatted tracts (south of 51st Street South, east of Seneca) - $70,000.00. (468-82363/741744/480266) Does not affect existing traffic. (Council approval date 11-30-93) (District IV) d. Water Distribution System to serve Sterling Farms Addition (north of 21st, west of Tyler) - $75,000.00. (448-88896/732594/470337) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-14-95) (District V) e. 12" Water Main Relocation along Rock Road, north of 13th Street - $21,420.25. (448- 88908/633420/544569) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 12-14-93) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST. a. Douglas Avenue Bridge over the Wichita Drainage Canal - $313,380.00. (Less financing previously issued - $255,000.00; Less KDOT reimbursements - $49,143.79) Financing to be issued at this time - $9,236.21. (472-82256/715193) b. Improving the intersection of Meridian and 31st Street South - $186,433.89. (Less financing previously issued - $120,026.55; Less KDOT reimbursements - $59,052.61) Financing to be issued at this time - $7,354.73. (472- 81938/705038) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 7 to 0. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Civil Rights & Services Board, 3/27/95 Wichita Art Museum Board, 3/24/95 Wichita Metropolitan Transit Authority, 3/23/95 Wichita Public Art Advisory Board, 3/9/95 Wichita Public Library, 3/30/95 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. EASEMENTS/DEDICATIONS EASEMENTS AND DEDICATIONS. a. Easements dated March 14, 1995, from Mennonite Housing for tracts in the Northeast ¼, Section 5, Township 27 South, Range 1 East (Private Project, Index #607861) (no cost to City). Have been filed and recorded. b. Easement dated March 29, 1995, from Webster & Elsie Bourn for a tract in Westlink 17th Addition (Private Project, Index #607861) (no cost to City). c. Drainage Easement dated March 17, 1995, from Kessler Enterprises for a tract in Sterling Farms Addition (Storm Water Sewer #384, Index #750570) (no cost to City). d. Temporary Easement dated March 22, 1995, from Crown Entertainment, Inc. for a tract in Powell's 7th Addition (Meridian & McCormick, Index #705467) (no cost to City). Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. STREET CLOSURES CONSIDERATION OF STREET CLOSURES. There were no street closures considered. CLAIMS ALLOWED REPORT REPORT ON CLAIMS ALLOWED - MARCH, 1995. Name of Claimant Amount Steven Stacy $ 239.76 Dennis Smith $ 310.31 Dawn Byers $ 513.28* Eva Stephen $3,500.00* Leila Newton $ 123.71 Party Pak Ice, Inc. $7,982.78 Mary Hudson $2,678.07* Susan R. Pearson $ 205.44 Michelle Safstrom $ 340.43 *Settled for lesser amounts than claimed. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. AGREEMENTS AGREEMENTS. a. Agreement to Respread Special Assessments in Forest Lakes Addition (North of 29th Street North, West of Ridge) (District V) Agenda Report No. 95-324. The developer of Forest Lakes Addition has submitted an agreement to respread special assessments for 29th Street North paving. The paving of 29th Street North, west of Ridge Road, was petitioned as a condition of platting Forest Lakes Addition. The purpose of the agreement is to respread the special assessments in order to make the lots more marketable. There is no cost to the City. b. Phillips Pipeline Encroachment Agreement in Connection with Main 16, Southwest Interceptor (District IV) Agenda Report No. 95-325. Phillips Pipeline has a pipeline right-of-way over a portion of the Northeast Quarter of Section 10, Township 27 South, Range 1 West. The sewer main encroaches onto Phillips right-of-way. In order to permit the encroachment, the City is obligated to enter into a encroachment agreement with Phillips Pipeline. There is no cost to the City. c. Supplemental Agreement for Water Main Relocation in Sycamore and Maple (District VI) Agenda Report No. 95-326. On February 28, 1995, the City Council approved a contract with Savoy, Ruggles & Bohm, P.A. (SRB) to design paving and intersection improvements for Sycamore and Maple. The Water Department has requested that SRB prepare plans for the relocation of existing water lines where they conflict with the proposed street improvements and replacement of water lines that are too small or in poor condition. Plans will be prepared so that the relocations/replacements can be constructed prior to or in conjunction with construction of the paving improvements. A Supplemental Agreement with SRB to design the water mains has been prepared. Payment to SRB will be on a lump sum basis of $4,000 and will be paid from Water Utility funds included in the 1995 Capital Improvement Program (W-65, Unidentified Water Mains). Motion -- Knight moved that the Agreements be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF 1304 WEST 55TH SOUTH FOR SOUTH LAKE COMPLEX. (District IV) Agenda Report No. 95-327. The South Lake Park Sports Complex is a mixed-use complex being jointly developed by the City of Wichita, the City of Haysville, and Sedgwick County. Richard Ast owns the property at 1304 W. 55th which borders the east side of the complex. His property consists of 3.49 acre tract improved with an 1,118 square foot, three bedroom house. The property is legally described as beginning 660 feet west of the southeast corner of Section 19- 28-1E, then north 1,052.5 feet, then west 165 feet then south 1,052.5 feet then east 165 feet to the point of beginning except the south 40 feet and east 15 feet of the parcel. His property is in very near proximity to the lake at the park. This property will act as a buffer between the lake and any future third-party development of the eleven acre parcel to the east. The acquisition of this property for $52,000 was approved by Council on March 28, 1995. It has been decided that this transaction will be funded through the issuance of general obligation bonds. A bonding resolution has been prepared to allow the sale of general obligation bonds not to exceed $60,000 to fund the transaction. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95- 177 A Resolution approving the acquisition for park purposes of certain real property located in the 1300 Block of West 55th Street South and declaring it to be the intention of the City to issue General Obligation Bonds in an amount not to exceed $60,000.00 to pay all or a portion of the costs of such acquisition, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PROPERTY DISPOSITION SURPLUS PROPERTY. a. S.E. corner of 20th St. N. and Pennsylvania Ave. (District I) Agenda Report No. 95-328. The property being considered is described as follows: Lots 51-53-55 Hydraulic Ave. Harvey's Walnut Grove Add. Lots 52-54 Pennsylvania Ave. Harvey's Walnut Grove Add. Lots 56-58-60-62-64-66, Except Beginning at the Southwest corner of lot 66, thence Northeast to a point 11.27 Feet South of the Northeast corner of Lot 56, thence South along the East line of even Lots 56 through 66 to the Southeast corner of Lot 66 Harvey's Walnut Grove Add. This property was acquired for the construction of Interstate 135 in 1965. The project is completed and it appears that the property is no longer needed by the City and may possibly be declared surplus. Only that part south of the street and highway right-of-way is to be declared surplus. To be assured of this, a survey will be performed to provide a new legal description. All City departments and local government entities have been notified and have shown no interest in the property. Since there is no interest in retaining ownership, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the general public. The City will receive cash consideration for the sale of the property. b. Lots located at the S.W. corner of Wayside Lane and Newell Street. (District V) Agenda Report No. 95-329. The property is described as Lots 1 through 7, and Lots 21 through 25, Block E, Country Acres Sixth Addition. Other lots in the block were utilized by the City to construct low to moderate income housing. These remaining lots are no longer needed for the project. All City departments and local government entities have been notified and have shown no interest in the property. Since there is no interest in retaining ownership, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the general public. The City will receive cash consideration for the sale of the property. Motion -- carried Knight moved that the property be declared surplus. Motion carried 7 to 0. ORDINANCE FIRST READING ORDINANCE. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance making a special assessment to pay the cost of unpaid sewer service charges and/or water service charges in the city of Wichita, Kansas, introduced and under the rules laid over. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 29, and 31-35 could be considered as consensus Items unless the Council desired to withhold other items. Council Member Cather asked that Item 32 be withheld. Motion -- Knight moved that Planning Agenda Items 29, 31, 33, 34, and 35 be approved as -- carried consensus Items. Motion carried 7 to 0. V-1894 V-1894 - REQUEST TO VACATE A PORTION OF A BUILDING SETBACK IN AN AREA EAST OF (Item 29) RIDGE ROAD AND SOUTH OF 36TH STREET SOUTH. Agenda Report No. 95-330. Staff Recommendation: Approve vacation of building setback. MAPC Recommendation: Approve vacation of building setback. Motion -- carried Knight moved that the vacation be approved. Motion carried 7 to 0. V-1903 PUBLIC HEARING V-1903 - REQUEST TO VACATE A PORTION OF A BUILDING SETBACK IN AN (Item No. 30) AREA NORTH OF CENTRAL AND EAST OF BEBE. (District V) Agenda Report No. 95-331. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the public hearing be closed; and the Item be deferred one week -- carried and be placed on the Consent Agenda. Motion carried 7 to 0. V-1905 V-1905 - REQUEST TO VACATE A BUILDING SETBACK IN AN AREA NORTH OF HARRY AND EAST (Item No. 31) OF 143RD STREET EAST. Agenda Report No. 95-332. Staff Recommendation: Approve vacation of building setback. MAPC Recommendation: Approve vacation of building setback. Motion -- carried Knight moved that the vacation be approved. Motion carried 7 to 0. S/D 94-62 S/D 94-62 - PLAT OF THE CARLSON PRODUCTS ADDITION LOCATED NORTH OF 45TH STREET (Item No. 32) NORTH AND EAST OF TYLER. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 95-333. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. This site is in the County and has been approved by the Health Department for the use of on-site sanitary sewer and water facilities. In order to provide for the ownership and maintenance of a Reserve being platted for drainage and floodway purposes, the applicant has submitted a restrictive covenant. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Restr. Covenant Restrictive Covenant from ICT Manufacturing, Inc. Motion -- Cather moved that the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. S/D 95-8 S/D 95-8 - PLAT OF THE PAWNEE AND WEST INDUSTRIAL PARK SECOND ADDITION LOCATED NORTH OF PAWNEE AND WEST OF WEST STREET. (District IV) Agenda Report No. 95-334. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Cert. of Petitions Certificate of Petitions from John E. Dugan. Water 100 Percent Petition for Water Distribution System to serve Pawnee and West Industrial Park Second Addition (north of Pawnee, west of West Street) (448-88915) $43,500 S.A. (Hold for development) Sewer 100 Percent Petition for Sanitary Sewer, Lateral 11, Main 14, Southwest Interceptor, to serve Pawnee and West Industrial Park Second Addition (north of Pawnee, west of West Street) (468- 82469) $66,000 S.A. (Hold for development) Paving 100 Percent Petition to pave West Street Court and decel lane to serve Pawnee and West Industrial Park Second Addition (north of Pawnee, west of West Street) (472-82574) $215,000 S.A. (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-95- 178 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System to serve Pawnee and West Industrial Park Second Addition (north of Pawnee, west of West Street) (448-88915) 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95- 179 Resolution of findings of advisability and Resolution authorizing construction of Sanitary Sewer, Lateral 11, Main 14, Southwest Interceptor, to serve Pawnee and West Industrial Park Second Addition (north of Pawnee, west of West Street) (468-82469) 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-95- 180 Resolution of findings of advisability and Resolution authorizing paving of West Street Court and decel lane to serve Pawnee and West Industrial Park Second Addition (north of Pawnee, west of West Street) (472-82574) 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. D-1691 D-1691 - DEDICATION OF STREET RIGHT-OF-WAY FOR OLIVER AT 27TH STREET NORTH. Agenda Report No. 95-335. MAPC Recommendation: Accept the dedication. This dedication is being provided by separate instrument in order to correct an oversight in a dedication provided by a recent plat. This will now provide the standard right-of-way required for arterials such as Oliver. The dedication has been reviewed and approved by the Planning Commission. Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. DR 95-5 DR 95-5 - SPECIAL USE PERMIT REQUEST FOR A JOINT FIRE STATION AND AN EMS FACILITY (Item 35) ON PROPERTY ZONED THE "AA" ONE FAMILY DWELLING DISTRICT, LOCATED AT THE SOUTHWEST CORNER OF PAWNEE AND GLENN. (District IV) Agenda Report No. 95-336. Staff Recommendation: Approve, subject to conditions. MAPC Recommendation: Approve, subject to conditions. CPO Recommendation: CPO Council "4 " voted 5-0 to recommend approval subject to the staff comments. On March 23, 1995, the MAPC considered a Special Use Permit for a joint fire station and EMS facility for a 0.56 acre platted site located at the southwest corner of Pawnee Avenue and Glenn Avenue. The subject property is currently occupied by the City's Fire Station No. 12 and the EMS Post No. 2. The City and County propose to construct an expansion on the east side of the existing facility to accommodate needed space for the EMS operations. The City also acquired an additional 20 foot strip of land on the south side of the existing lot from USD 259 which will be paved for 12 additional parking spaces. The expanded facility would require an additional access point along Pawnee Avenue near Glenn Avenue to serve the EMS portion of the facility. The subject property is surrounded by single family homes on the north side of Pawnee Avenue and school property to the east, south, and west. The Truesdell Middle School is located on the east side of Glenn Avenue and the Rea Woodman Elementary School is located to the southwest, with the school's playground area directly to the south and west. 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 Resolution authorizing the special use permit be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95- 181 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. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. DP-172 DP-172 AMENDMENT #2 - REQUEST FOR AMENDMENT TO THE GOLF PARK WEST COMMERCIAL (Item No. 36) COMMUNITY UNIT PLAN, LOCATED 1/3 MILE EAST OF TYLER ROAD ON THE NORTH SIDE OF 21ST STREET NORTH. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 95-337. Staff Recommendation: Approve, subject to conditions. MAPC Recommendation: Approve, subject to conditions. CPO Recommendation: CPO Council "5" voted 5-0 to recommend approval of the request subject to staff conditions. On March 23, 1995, the MAPC considered an amendment to Parcel 1 of the Golf Park West Commercial Community Unit Plan, located mile east of Tyler Road on the south side of 21st Street North. Parcel 1 is a 1.45 acre tract (300' x 180'), which is developed with a go-cart track on the southern portion of the site, with the northern 0.85 acres along 21st Street currently undeveloped. The applicant proposes to add restaurants as a permitted use, reduce the required landscape buffers, and add additional signage. Originally, the 21st Street frontage of this CUP was zoned 'BB' Office District and restricted to only parking purposes. On January 28, 1992, the City Council approved 'C' Commercial zoning and an amendment to the CUP to permit a go-cart track in Parcel 1. The amendment also included a requirement for a 6-foot masonry wall and landscaped berms as a buffer for the go-cart use. The go-cart track was developed; however, the track was constructed on the southern portion of Parcel 1, at a smaller scale than initially intended. Thus resulting in a 210' x 180' area along 21st Street that is undeveloped. The masonry wall was constructed along the north side of the go-cart track, but the berms were not installed along 21st Street. Now, the applicant proposes to amend the CUP to split Parcel 1, in order to create a second parcel along 21st Street North that would permit a restaurant (including drive-in or drive-thru restaurants). The existing CUP permits a restaurant and/or club in the larger Parcel 3 occupied by the recreation complex. However, the restaurant and/or club use was intended as an accessory use for the recreation complex, not as an independent business with frontage on 21st Street. The proposed CUP amendment would also eliminate the required 30 foot landscape and earthen berm buffer along 21st Street North and the required 20 foot landscape and earthen berm along the west property line in the proposed parcel. The requirement for the 20 foot buffer along the west side of the go-cart track would be retained. In addition, the applicant proposes to permit an additional 100 square foot ground or pole sign for the restaurant along 21st Street North at a maximum height of 25 feet. The existing CUP permits only one 150 square foot sign for the Golf Park complex. The application area is surrounded by a car wash to the west, multiple family uses to the southwest, a planned church to the north, parking to the east, and the Golf Park to the south. The property located between the east side of the CUP and the church at the southwest corner of 21st Street and Woodchuck is currently undeveloped. Planning staff is somewhat concerned about the continued commercial "stripping" of 21st Street North with high traffic generating uses, as well as the aesthetic impact of those uses along this roadway which is identified by the Comprehensive Plan as a major corridor for the community's image. Also, approval of this request could result in further rezoning requests, not only within this CUP but also the undeveloped property owned by the church immediately adjacent to the east of the Golf Park West CUP. However, staff recognizes that this mile of 21st Street between Ridge Road and Tyler Road has developed with more of a nonresidential character than other segments of this roadway further west of Tyler Road. Also, elements such as signage and landscaping can be controlled by the CUP on this property and can help soften the aesthetic impact of another commercial use in this area. At the MAPC hearing, there were no members of the public in opposition to this request. However, the applicant did object to staff's recommendation to limit signage for this parcel to a monument sign with a maximum square footage of 60 square feet and a maximum height of 12 feet. After discussion, the MAPC voted to recommend approval of the request, subject to staff's recommended conditions, with the signage restricted to a maximum 60 square foot sign at a maximum height of 15 feet. Marvin Krout Director of Planning said staff could agree to the signage restricted to a maximum 60 square foot sign at a maximum height of 15 feet. The owner spoke and stated that he would be willing to go along with the MAPC and staff signage recommendation. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended -- carried conditions. Motion carried 7 to 0. Z-3164 Z-3164 - ZONE CHANGE REQUEST FROM THE "A" TWO-FAMILY DWELLING DISTRICT TO THE (Item No. 37) "BB" OFFICE AND THE "LC" LIGHT COMMERCIAL DISTRICTS, LOCATED AT THE SOUTHEAST CORNER OF 16TH STREET NORTH AND TYLER. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 95-338. Staff Recommendation: Deny. MAPC Recommendation: Approve, subject to filing of the voluntary restrictive covenant. CPO Recommendation: CPO Council "5 " voted 3-2 to recommend approval of the zone change request. On March 23, 1995, the MAPC considered a zone change from the 'A' Two Family Dwelling District to the 'BB' Office District for 1.07 acres and to the 'LC' Light Commercial District for 0.44 acres located at the southeast corner of 16th Street North and Tyler Road. The site is undeveloped and platted as Lot 2, Block 1, Fire Station No. 16 Addition. The applicant recently purchased the subject property from the City. Now, the applicant proposes to develop a financial institution (possibly 3,000 square feet) at the intersection on the portion of the site proposed for 'LC' zoning, with office buildings (total of 13,000 square feet) to be located south and east of the financial institution on the portion of the site proposed for 'BB' zoning. The applicant has volunteered to submit a restrictive covenant for the 'LC' tract to restrict the property to financial institutions and all uses permitted in the 'BB' zoning district. The covenant would require the exterior facades for all buildings for both the 'LC' and 'BB' zoned tracts to be designed with a residential architectural character, and share similar color, texture, and building materials and building roofs as the surrounding residential areas. Also, sign limitations would be placed on the 'LC' tract. The subject property is surrounded by a church to the north, single family homes to the east, the City's Fire Station No. 16 to the south, and single family homes to the west side of Tyler Road which back up to the roadway. 16th Street North serves as the primary entrance from Tyler Road for a number of cul-de-sacs to the east. This mile segment of Tyler Road includes a few churches, the City's fire station, and a day care center south of the fire station. However, except for the planned commercial centers located at the Tyler Road intersections at 13th Street North and 21st Street North, Tyler Road is entirely zoned for residential uses. Approval of any nonresidential zoning in this mid-mile location would not be consistent with the Comprehensive Plan and its recommendation to discourage extended "strip commercial" development along the City's arterial roadways. Planning staff has a number of concerns for granting nonresidential zoning in this location. Staff recognizes that a fire station and day care center are located to the south of the subject property; however, staff does not feel that the location of those uses justify granting any mid- mile "spot zoning" with high traffic generating uses (financial institution). This entire mile of Tyler Road is zoned for residential uses, with the commercial and office uses located in "planned centers" at the major arterial intersections -- as recommended by the Comprehensive Plan. The proposed uses would likely push Tyler Road to over-capacity, and the unprotected turning movements in this mid- mile location would present a traffic safety problem. In addition, the increased traffic on 16th Street, which serves as the primary entrance to several residential neighborhoods to the east, will interfere with the convenience of access for those residents. At the MAPC hearing, there were no members of the public in opposition to the request, and the applicant submitted petitions of support from nearby property owners. Yet, despite staff's concerns about this request, the MAPC voted to recommend approval of the zone change and the MAPC did not recommend any guarantees for road improvements to Tyler Road. The MAPC approval was subject to the conditions volunteered by the applicant as part of a restrictive covenant. Marvin Krout Director of Planning said that some restrictions offered by the applicant were: (1) that the LC area would be subject to use limitations (only financial institutions or other uses allowed in the office district) and sign restrictions; (2) architectural restrictions that would make the buildings compatible with buildings in the surrounding residential area (brick as part of the materials, pitched roofs). At the Planning Commission, staff suggested that an additional condition be added, if the MAPC were going to recommend approval, that the applicant guarantee a left-turn lane north of 16th Street in Tyler Road to provide for turning movements from all the traffic that will be turning into the bank during the afternoon peak hours. The applicants indicated they could not afford to do the left turn lane as part of the project and it was not a condition suggested by the CPO or the MAPC. If the request is granted, money may have to be spent in the future to widen the four-lane to a five-lane road. Tyler Road does not have that kind of traffic volume today but it is projected it will in the future. The best information, based on traffic projections, is that Tyler Road will be at about 19,000 to 20,000 cars per day, about the capacity for a four-lane road. The traffic from this project would add another 1,000 to 1,500 cars per day which would take the traffic over capacity. Council Member Cole Council Member Cole said Wichita has more spot zoning and more strip commercial than she has ever seen in any other community in which she has lived. A Comprehensive Plan was approved by the City Council and the County Commission which addressed the problems associated with spot zoning and strip commercial. There is nothing very logical, rational, or reasonable in this particular spot moving to "LC" zoning when the remainder of the area is residential. "I do not see a strong reason for us to change that decision in the middle of a block and so I am going to vote to uphold the Staff's recommendation that we deny this zoning." Marvin Krout Director of Planning, responding to a question, said it is felt banks should be located at or near major intersections and not at mid-mile locations. Council Member Ferris Council Member Ferris said he could not support "LC" zoning. If the entire property were rezoned "BB" the kind of traffic the Planning Department is talking about would not be added. The parcel is a unique piece of ground because the City had this piece of ground left over after a fire station was constructed. This piece of property is not "LC" in character and "LC" would not be a good use. An office building next to a fire station and a day care center makes a lot of sense and is good planning. Motion -- Ferris moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC not be approved, but that the property be zoned "BB" only, subject to the filing of covenants on architecture; and the Ordinance be placed on first reading with publication being withheld until such time as the Restrictive Covenant(s) has been recorded with the Register of Deeds. Motion -- carried carried 7 to 0. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3164 DR 95-4 DR 95-4 - SPECIAL USE PERMIT REQUEST FOR THE BROOKS LANDFILL AND A SANITARY LANDFILL EXPANSION, LOCATED ON THE NORTH SIDE OF HIGHWAY K-96 BETWEEN HOOVER ROAD AND THE WICHITA-VALLEY CENTER FLOOD CONTROL RIGHT-OF-WAY. (District VI) This Item was removed from the Agenda. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending and potential litigation, and legal advice; 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 resumed at -- carried approximately 4:00 P.M. Motion carried 7 to 0. RECESS Council recessed at 2:30 P.M. and reconvened in regular session at 4:07 P.M. Council Member Ferris announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 4:07 P.M. Pat Burnett Deputy City Clerk JOURNAL 158 April 18, 1995 Page 2