MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, August 25, 1998 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members, Kamen, Lambke, Rogers; present. *Council Members Cole, Ferris, Gale; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Father William Carr, St. Marys Cathedral. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of August 18, 1998, were -- approved approved 4 to 0. (Cole, Ferris, Gale; absent) AWARDS AND PRESENTATIONS Proclamations Mayor Knight presented the Proclamations that were previously approved. NEW BUSINESS *Council Member Cole present. IRB-HOTEL AT OLD TOWN PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - THE HOTEL AT OLD TOWN, INC. (District VI) Council Member Kamen declared a conflict of interest and left the Bench. *Council Member Gale present. Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-781. On March 17, 1998, the City Council approved the issuance of a Letter of Intent for Taxable Industrial Revenue Bonds (“IRBs”) in an amount not to exceed $10 million to The Hotel at Old Town, Inc. to finance redevelopment of the Keen Kutter Building in Old Town, into a 107-room, extended stay hotel. On May 5, 1998, the City Council approved first reading of a bond ordinance providing for the issuance of $6.9 million IRBs, which together with a $3.3 million contribution from the City and $300,000 equity contribution from developer Jack DeBoer, would have covered the total development cost of $10.5 million. Prior to adoption of the bond ordinance on second reading, the developer requested that the issuance of the IRBs be placed on hold to allow the bond placement agents more time to identify investors to purchase the remaining IRBs. The Hotel at Old Town is now proposing a modified structure for the financing and is ready to proceed with the issuance of IRBs based on the new structure. In order to avoid the SEC’s registration requirements, the bonds must be privately placed with “accredited” investors, pursuant to applicable federal securities laws. Once initially sold to accredited investors, the bonds can be resold only to qualified institutional buyers, an even more restrictive category. Because of these restrictions, and because it is inherently difficult to place bonds secured by hotel operations, the bond firms serving as placement agents, Miller, Johnson & Kuehn, Inc. of Minneapolis and Reidl & Company of Wichita, have been able to arrange for the placement of only $5.5 million of the original $6.9 million IRB issue. Construction on the redevelopment of the Keen Kutter Building began in April 1998, with $2.2 million in costs incurred to date having been paid by the developer in anticipation of reimbursement from IRB proceeds. In order to allow for a permanent financing of the project without undue delay, the developer has proposed decreasing the amount of IRBs from $6.9 million to $6.2 million and increasing the amount of developer equity from $300,000 to $1 million. The $6.2 million IRBs will be issued in two series. The sale of the Series “A” bonds, in the amount of $5.5 million, will close immediately following adoption and publication of the bond ordinance. The Series “B” bonds, in the amount of $700,000, will close as soon thereafter as possible, but not later than the point in time when the proceeds of the Series “A” bonds have been fully expended. The developer will ensure the placement of the full amount of IRBs by placing $700,000 in escrow, to be held in trust by the bond trustee and used to purchase unplaced Series “B” bonds. If the bond placement agents are able to arrange for the placement of Series “B” bonds with outside accredited investors, an equivalent amount will be returned to the developer. The changes in the structure of the sources of funds are summarized as follows Original Deal Proposed Deal Series ‘A’ Bond Proceeds $6,900,000 $5,500,000 Series ‘B’ Bond Proceeds 700,000 City Contribution 3,300,000 3,300,000 Developer Equity 300,000 1,000,000 Total Sources of Funds $10,500,000 $10,500,000 Under the revised plan of financing, there has been no change to the proposed uses of funds. The various sources of funding will continue to be used as follows: Construction costs* $7,785,000 Furniture, fixtures and equipment* 1,405,000 Pre-opening costs 209,000 Misc. fees and construction interest 601,000 General contingency 500,000 Total Uses of Funds $10,500,000 *costs net of estimated sales tax savings The Hotel at Old Town agrees to maintain on file a current Equal Opportunity/Affirmative Action Plan with the City’s Human Services Department and to submit a Water Conservation Plan to the City prior to the issuance of bonds. HOT agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. At the time of closing of the sale of the $5 million Series “A” IRBs, the developer will be reimbursed $1.2 million from bond proceeds for prior expenditures on construction costs, and $700,000 will be immediately placed in an escrow account held by the trustee bank to be used to purchase additional IRBs issued by the City, if needed. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion -- Cole moved that the Public Hearing be closed; the issuance of taxable industrial revenue bonds in the amount not to exceed $6.2 million for the Hotel at Old Town be approved; the Ordinance be placed on first reading; and the Mayor be authorized -- carried to sign the necessary documents. Motion carried 5 to 0. (Ferris, Kamen; absent) ORDINANCE An Ordinance authorizing the City of Wichita, Kansas, to issue its taxable Industrial Revenue Bonds, in Two Series, in the aggregate principal amount of $6,200,000 for the purpose of providing funds to pay a portion of the costs of acquiring, purchasing, constructing and equipping a hotel located in the City of Wichita, Kansas; prescribing the form and authorizing execution of a trust indenture by and between the City and U.S. Bank National Association, St. Paul, Minnesota, as trustee with respect to the bonds; prescribing the form and authorizing the execution of a sublease agreement by and between the Hotel at Old Town, Inc. and City; prescribing the form and authorizing the execution of a subsublease agreement by and between the Hotel at Old Town, Inc. and the City; approving the form of a guaranty agreement; approving the form of an escrow agreement, and authorizing the execution of a bond placement agreement by and between the City and Miller, Johnson & Kuehn, Inc. and Riedl & Co. as the placement agents for the bonds, introduced and under the rules laid over. PUBLIC HOUSING ALLOCATION Public Housing Allocation Plan. (District VI) *Council Member Kamen present. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-782. On April 30, 1998, HUD published a notice in the Federal Register that funds are being made available for additional Section 8 vouchers/certificates for non- elderly persons with disabilities in support of designated housing allocations plans. The Housing Advisory Board has recommended the City make application for additional vouchers/certificates to implement a plan to separate elderly persons from others with disabilities. Applications for funding must submit an allocation plan in conformity with the requirements established by HUD. The City has two multi-family housing facilities - Greenway Manor and McLean Manor - which were originally built as housing for the elderly. Until 1992, housing agencies were obligated by law to provide equal access and make available units in public housing developments (designated as “elderly buildings”) to both persons age 62 or older, and persons with disabilities, regardless of age. The Wichita Housing Authority, like many other public housing agencies, has found that a mixture of elderly and non-elderly in the public housing complexes create numerous tenant problems, particularly for the elderly persons living in these buildings. Because of these situations and problems around the nation, HUD is altering its policies. To assure that eligible non-elderly disabled families continue to receive housing assistance, HUD will provide additional Section 8 vouchers/certificates for use specifically by non-elderly disabled persons. It is proposed that Greenway Manor and McLean Manor be designated as elderly only, and that a 176 certificates/vouchers - equivalent to the number of rentable units in those two complexes - be requested under this program. If the City is successful in receiving additional vouchers, Wichita will be able to provide assistance to many disabled persons on the current Section 8 waiting list. While non-elderly disabled persons currently residing in these units could be offered a voucher, no one would be involuntary displaced; the plan would apply only to new applicants. In addition to providing additional public housing assistance, these housing vouchers will generate additional administrative fees from HUD to cover the cost of administering the program. *Council Member Ferris present. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion -- Cole moved that the Housing Allocation Plan be approved and the submission of an application for 176 vouchers/certificates for disabled families in support of the -- carried Plan be authorized. Motion carried 7 to 0. SCULPTURE DONATION CHRISTINE BOOZE SCULPTURE DONATION. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-784. The PAAB recommends that the Wichita City Council accept the sculpture donated by Christine Booze of a boy soccer player in the likeness of her son Zachary to be located in Brown Thrush Park. After the death of her son Zachary in 1997, Christine Booze raised $10,000 in private donations to commission a sculpture by local artist Babs Mellor. The sculpture is a life-size young boy playing soccer, whose face is modeled after a photo of Ms. Booze’s son Zachary. The sculpture is considered to be a celebration of life, rather than a memorial, and will have a plaque reading only “Tribute to faith hope love and knowledge and to reach for your goals for here and beyond”. It was decided that the most appropriate site would be near the parking lot for Brown Thrush Park, where soccer games are regularly held. The donation was presented before the Public Art Advisory Board July 9, 1998 and was accepted as presented. Monday, the 13th of July, the donation was presented before the Park Board and approved. This sculpture would contribute to the small collection of sculpture currently located in Wichita. The location for the piece has been designed by the city landscape architect; and plantings for around the base of the sculpture will be supplied by the landscape and forestry division. Ms. Booze has raised all the money necessary for the sculpture commission installation. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion -- Ferris moved that the donation be accepted; and the site and installation be -- carried approved. Motion carried 7 to 0. FUNDING ASSISTANCE REQUEST REQUESTS FOR FUNDING ASSISTANCE. Council Member Rogers Council Member Rogers reviewed the Item. Agenda Report No. 98-785. Council Member Rogers is recommending that funding assistance be granted to two agencies: Kansas Minority Business Development Council and the Kansas African American Museum, Inc. The Kansas Minority Business Development Council (KMBDC) is a non-profit organization created in January, 1998. It has existed since 1989 as part of the Chamber of Commerce organization/service. Its stated mission is to improve the economic viability of minority businesses in Wichita, with an emphasis in job creation. One of its primary goals is to encourage purchasing from minority firms and improve opportunities for minority-owned businesses within Wichita and Sedgwick County. The KMBDC for the first time is seeking financial support from the City of Wichita. The Kansas African American Museum, Inc. (KAAM) (formerly the Black Historical Society) has long been supported by Sedgwick County who is the owner of the Society’s Museum facilities. The City first contributed to this organization in 1988 for special promotion efforts; it has continued funding support since that time. Over the past nine years, the City has provided a $2,500 allocation. The County has continued its funding support and approved a 1999 allocation of $180,500. Council Member Rogers has been contacted by both organizations seeking financial assistance from the City. He proposes the following funding allocation from the 1999 City Budget: Kansas Minority Business Development Council - $35,000 These funds will be utilized for proposed activities involving increased training and referral services, consultation and technical assistance, minority certification services, etc. Kansas African American Museum, Inc. - $25,000 Funds to support operations of the Museum. This organization initially requested $50,000 which was not recommended in the proposed budget. Proposals submitted were unclear as to the specific use of City funding and the performance measurements and outcomes to be provided from such funding. If approved, specific contractual performance goals and outcomes must be developed and approved. Further, no commitment of funding beyond the 1999 budget is recommended. Council Member Rogers proposed funding for the KMBDC during the annual budget discussions. This item was deferred for further consideration. If approved, this funding would be allocated from the City’s Economic Development budget. The KAAM allocation would be used to market the museum, implement educational and cultural programs, establish a webpage, distribute promotional brochures and establish regular museum tours/hours. The City has traditionally allocated funding for City museums from its Guest Taxes/Budget. Because of its obligations for Century II and Hyatt Conference Center bonded improvements, attraction budgets were not recommended for increases. Mayor Knight Mayor Knight inquired whether anyone wished to be heard. Gail Finney Gail Finney, Director of Kansas Minority Business Council, said the Kansas Minority Business Council’s goal is to ensure minority and small businesses remain an active part of the community; and to ensure that all citizens of the City of Wichita have a chance to participate. Currently, the organization is not adequately funded to assist the many women businesses. Council Member Cole Council Member Cole stated that she hoped the organization would grow to be able to assist women as well. Motion -- Rogers moved that $35,000 funding assistance for the Kansas Minority Business Development Council be approved; Staff be authorized to develop the necessary contractual documents, performance measurements, and outcomes required for funding; and the Mayor be authorized to sign the necessary documents. Motion -- carried carried 7 to 0. EATON LETTER OF INTENT REQUEST FOR LETTER OF INTENT - EATON BLOCK PROPERTIES. (DISTRICT VI) Terry Kollmai Development Assistance Director reviewed the project status. Allen Bell Financial Projects Director reviewed the plan of finance. Agenda Report No. 98-783. The City acquired the Eaton Block Properties (located in the block bounded by Douglas, Waterman, St. Francis and Emporia) in May, 1997; staff was subsequently directed to solicit proposals for redevelopment of the City-owned portion of the square block. In preparation for the revitalization of this area, a tax increment financing district was established in July, 1997, by the City Council for the purpose of preserving development options and providing alternative methods for financial assistance in the redevelopment of these properties. A Request for Expression of Interest was mailed to 140 potential developers. Twenty-five (25) potential developers requested complete Request for Proposal packets which were mailed to them in August, 1997. Four proposals for the revitalization of this property were received. In September, 1997, Council Members Joan Cole and Bill Gale were asked by the Mayor to determine the feasibility of this project and review development proposals. A 17-member citizen task force (Eaton Block Task Force) was formed with the mission to review the feasibility of the project, develop guidelines and to recommend a preferred developer to the City Council. As part of the selection process, the task force toured similar projects redeveloped by prospective developers, researched references, and analyzed proposals for redevelopment uses, compatibility and marketability for Wichita, together with budget and financing strategies. Following extensive reviews and background investigation, MetroPlains Development LLC (St. Paul, Minnesota) was unanimously selected by the task force as the developer for the redevelopment project. MetroPlains was designated as the Preferred Developer by the City Council on March 17, 1998. Staff was authorized to negotiate a Letter of Intent and work with the developer to prepare feasible design concepts and fiscal proposals for consideration. The development concept for the Eaton Block is to create a variety of residential and commercial options that meet a wide range of income levels and lifestyles. The development will include the adaptive reuse of the existing historic structures, the construction of a new structure, and the creation of dedicated on- site parking. The finished product will include approximately 30,000 square feet of commercial and retail space and not less than 100 residential units comprised of not more than 25% affordable units. With a critical mass of development and a synergy of uses and activities, MetroPlains plans to create a self-sustaining community in downtown Wichita. The developer has requested the City provide the flexibility to increase the percentage of affordable tax credit units from 25% to 33%. The City Council should determine if it is willing to accept this modification. After the approval of the Letter of Intent, a Developers Agreement between the City and MetroPlains will be drafted by Staff for the City Council’s approval. The total development cost of the Eaton Redevelopment Project is estimated to be $15.4 million, including $584,000 to acquire the existing real property at foreclosure sale. In addition to utilizing the established 1997 Tax Increment Financing District funding to support this project, it is proposed that various federal grant assistance allocations from HOME and Community Development Block Grants (CDBG) be utilized to fund the required $2,343,000 of this project; MetroPlains Development will finance the remaining $11.55 million, funded from the sources identified on Attachment II to the proposed Letter of Intent. The use of tax increment financing will require the adoption of a redevelopment plan to complete the public approval process under state law. The use of 1999 HOME funds will require approval by HUD of advance funding. CDBG funds are proposed to be allocated from the City’s 1999/2000 federal allocation. The previously approved $150,000 allocation for building stabilization will also be used in the reconstruction work. Council Member Cole Council Member Cole explained that the City’s contribution would be primarily Federal funds allocated to the City of Wichita. Mayor Knight Mayor Knight said the Eaton Block represented and insurmountable obstacle to completion of Downtown development. Council Member Gale Council Member Gale spoke regarding the creative TIF District financing which encompases only the Eaton Block. Gary Stinson Gary Stinson, President of MetroPlains Development, Inc., expressed pleasure at being involved in the Eaton Block Project. Wes Darnell Wes Darnell of Wilson, Darnell, Mann Architects, showing an architectural rendering of the finished project and a drawing of the basic project layout, reviewed the plan. The project involves the entire Eaton Block. Structures facing Douglas will be restored as much as possible. A few buildings will be demolished and, in their place, a structure for parking with apartments above will be constructed. Mayor Knight Mayor Knight inquired whether anyone wished to be heard. Sharon Feary Sharon Feary, Chair of the Historic Preservatio Board and Member of the Eaton Block Committee, said the organizations had selected MetroPlains as the preferred developer and the organizations were glad to see the project happening. Janet Miller Janet Miller, President of Historic Midtown Association, stated that the past several years had been good for Downtown Wichita and the Eaton Block improvement project would be a welcome addition to the area. The Association supports the Letter of Intent, proposed use of the property, and the use of CDBG and HUD funds. Marcie Hess Marcie Hess, Executive Director of the Downtown Wichita Association, spoke in support of this project as a very necessary and vital piece to Downtown. Council Member Lambke Council Member Lambke said many of his constituents are opposed to the Eaton Project, and he has been critical of the use of tax money for for the Eaton Project. Had Council Member Lambke been on the Council at the time, he probably not have voted to buy the mortgage because it seems, somewhat, not to be the function of government. A lot of thought and study has been put into the possibilities of doing, or not doing, the project. It became obvious that, after investing over one-half million dollars of tax money in the property and hearing the developer say that he would not do the project without City participation, it became increasingly clear that the only way to protect the investment of the taxpayers would be to spend some more money and create something worthwhile for the City. The arguments that tax values in the area and revenues will increase and that the financing arrangements will not jeopardize projects in the future years make it a project that he could support. “While I do not agree with some of the details, I am going to vote for the development and I am going to support my colleagues and staff to make this improvement to the City.” Motion -- Cole moved that the Letter of Intent be approved and the Mayor be authorized to sign; Staff be authorized to negotiate the formal Developer Agreement, with the understanding that the 25 percent affordable tax credit units option is preferred but the Council is willing, at a later date, to look at the 33 percent request if the 25 percent becomes difficult, with a decision to be made when the final Item -- carried returns to the City Council. Motion carried 7 to 0. NEIGHBORHOOD PROPOSED CONTRACT: HILLTOP NEIGHBORHOOD CENTER. (District III) Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-786. On December 9, 1997, the City Council approved a Community Development Block Grant (CDBG) allocation for the rehabilitation of the Hilltop facility, located at 1329 South Terrace. Following a feasibility study, it was determined that the building was in a state of deterioration making it economically unfeasible to repair the structure. On April 21, 1998, the City Council approved the demolition of the building and construction of a new facility, sufficient to meet the budgetary allowances and the neighborhood needs. Demolition of this facility is nearing completion and the Council is being requested to approve the construction of a new building utilizing a design-build contract. The new Hilltop facility is proposed as a multi-use building that will be both functional and maintenance/energy efficient. Efforts are currently underway to contract with a service agency that will be the primary occupant of this facility and oversee its use and upkeep. Because the building will be simple in design and purpose, a design-build project is proposed for its construction. This process should allow for reduction in architectural and engineering costs and allow for a contractor to work with an architect to construct the facility in a timely fashion. The City has used this concept in other projects, including the CityArts building renovation. If approved, City Staff will solicit Requests for Proposals (RFP’s) from local contractors to perform this contract. The City Council previously approved CDBG funds in the amount of $275,000 to refurbish the Hilltop building. With the costs expended for the architectural services and, most recently, the demolition, a balance of approximately $227,000 remains for the project. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion -- Lambke moved that the design=build process be approved and Staff be authorized to -- carried solicit Requests for Proposals. Motion carried 7 to 0. CITY COUNCIL AGENDA APPOINTMENTS BOARD/COMMISSION APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999). Commission on the Status of People with Disabilities (Knight, Cole, Kamen) Convention & Tourism Committee (Ferris) Human Services Board (Council at large) Police & Fire Retirement Board of Trustees (Rogers) Sister Cities Advisory Board (Rogers) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (appointments - Knight, Gale, 2- Ferris, 2-Lambke, Rogers) There were no appointments made. Council Member Kamen left the Bench. APPOINTMENT TO THE SOLID WASTE MANAGEMENT COMMITTEE. One appointment (Council at large) for a term expiring December 31, 1999. Motion -- carried Knight moved that the appointment be deferred one week. Motion carried 6 to 0. (Kamen absent) TRAVEL APPROVAL APPROVAL OF CONFERENCE ATTENDANCE, SEPTEMBER 24-25, 1998, CHICAGO, ILLINOIS FOR MAYOR BOB KNIGHT. Motion -- carried Rogers moved that the travel be authorized. Motion carried 5 to 0. (Kamen absent; Knight abstained) PROCLAMATIONS PROCLAMATIONS. --Lupus Awareness Month --American Business Women’s Day --International Literacy Day --Sickle Cell Anemia Days Motion -- carriedKnight moved that the Proclamations be authorized. Motion carried 6 to 0. (Kamen absent) Council Member Kamen present. 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 BIDSREPORT OF THE BOARD OF BIDS AND CONTRACTS DATED AUGUST 24, 1998. PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains as per specifications Storm Water Sewer #511 to serve Amarado Estates Fourth Addition (north of 13th, east of Maize). (468-82886/751206/485155) Does not affect existing traffic. (Council approval date 8-11-09)(District V) WB Carter Construction - $20,331.00 Water Distribution System to serve Ashley Park Addition (south of Second Street, west of Brunswick). (448-88340/734665/470544) Does not affect existing traffic. (Council approval date 10-18-88) (District V) Mies Construction - $34,353.00 Brown Thrush to serve Ashley Park Addition (south of Second Street, west of Brunswick). (472-81844/765099/490611) Does not affect existing traffic. (Council approval date 10-18-88) (District V) Ritchie Paving - $155,562.80 Eastmoor Circle to serve Oak Knoll Industrial Park Second Addition (east of Rock, south of Pawnee). (472-89245/765115/490613) Traffic to be maintained through construction. (Council approval date 5-5-98) (District II) Central Paving - $52,130.00 (Engineer’s Estimate) Water Distribution System to serve The Estates at Shadybrook (south of Central, east of 143rd Street East). (448-89289/734608/470538) Does not affect existing traffic. (Council approval date 8-25-98) (District n/a) HD Mills & Sons - $19,460.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. HUMAN SERVICES DEPARTMENT/WICHITA HOUSING AUTHORITY: Interior and Exterior Repairs on Scattered Site Units (127779) Baker Construction -$31,447.60 (Group I/Total Net Bid) S&A Construction -$41,933.00 (Group II/Total Net Bid) $ 9,865.00 (Group III/Total Net Bid) $19,220.00 (Group IV/Total Net Bid) Baker Construction -$31,200.00 (Group V/Total Net Bid) PUBLIC WORKS DEPARTMENT/FLEET & BUILDING DIVISION: Barricade Wood (130849) C-HAWKK Construction Inc. - $49.67 (Item #1/Per Each) $88.46 (Item #2/Per Each) $22.56 (Item #3/Per Each) FINANCE DEPARTMENT/PURCHASING DIVISION: Fine Paper and Carbonless Paper Requirement (037200) Group I Southwest Paper Company - $ 7.74 (Item # 1/Per M)* $11.24 (Item # 2/Per M)* $ 4.92 (Item # 3/Per M)* $ 7.14 (Item # 4/Per M)* $ 3.87 (Item # 5/Per M)* $ 4.19 (Item # 6/Per M)* $ 5.62 (Item # 7/Per M)* $ 5.16 (Item # 8/Per M)* $10.28 (Item # 9/Per M)* $ 7.49 (Item #10/Per M)* $14.98 (Item #11/Per M)* $11.00 (Item #12/Per M)* $22.00 (Item #13/Per M)* Group II $ 8.78 (Item # 1/Per M)* $ 9.91 (Item # 2/Per M)* *2% 10 - N/30 VARIOUS DEPARTMENTS/VARIOUS DIVISIONS: Emulsified Asphalt Koch Materials Company $0.559 (Cost Per Gallon/Includes Freight and Pumping Charges) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. LICENSE APPLICATIONSAPPLICATION FOR LICENSE FOR ADULT ENTERTAINMENT ESTABLISHMENT/SERVICE. Renewal 1998 David A. Cherry Kansas Video Corp 2726 North Amidon dba Video Adventures Motion -- Knight moved that the license be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1998 (Consumption on Premises) Sabrina Parker Merle’s Inc.* 440 North Seneca Teresa J. Roll Pizza Hut #301020* 8977 West Central New Establishment 1998 (Consumption on Premises) Karen Moore Karen’s Blues House, Inc.* 3350 South Broadway *General/Restaurant -- 50% or more of gross receipts derived from sale of food. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECIFICATIONSPLANS AND SPECIFICATIONS. a. 1998-1999 CDBG Local Area Investment (LIA) Sidewalk Improvements (northeast, north Central and Planeview). (600643/806001) Traffic to be maintained through construction. (Council approval date 7-1-98) (Districts II, III and VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., September 4, 1998. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. a. Lateral 133, Main 4, Sanitary Sewer #23 to serve Walnut Grove Addition (north of 35th St. N., west of Seneca). (468-82826/743468/480437) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 4-7-98) (District 6) b. Lateral 74, Main 22, War Industries Sewer to serve Mediterranean Office Park Addition (north of 29th, west of Webb. (468-82755/743617/480452) Does not affect existing traffic. (Council approval date 7-22-97) (District 2) c. Lateral 51, Main 7, Sanitary Sewer 23 to serve Comotara Industrial Park Second Addition (south of 34th Street North, west of Webb). (468- 82852/743591/480450) Does not affect existing traffic. (Council approval date 8-4-98) (District 2) d. Water Distribution System to serve Pebblebrook Addition (north of Pawnee, west of Webb). (448-89294/734681/470546) Does not affect existing traffic. (Council approval date 7-21-98) (District 2) e. Water Distribution System to serve Arbor Lakes Estates (south of Harry, west of 159th Street East). (448-89269/734632/470541) Does not affect existing traffic. (Council approval date 6-2-98) (District n/a) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., September 4, 1998. Motion carried 7 to 0. PRELIMINARY ESTIMATESPRELIMINARY ESTIMATES: a. 1998 Contract Maintenance Bridge Resurfacing. (132449/112000) Traffic to be maintained through construction using flagpersons, barricades, and concrete barrier walls. (Council approval date 12-16-97) (Districts I, III, VI) - $271,250 b. Boat House Parking Lots at Lewis Street and Wichita Street. (791970/435226). To be coordinated with Century II/Expo Hall Director. (Council approval date 3-20-98) (District VI) - $32,000 c. Water Distribution System along Edwards to serve Sim Park Gardens, Osteopathic and McLean Park Additions (at Edwards Street, north of Elm). (448-89253/734491/470527) Traffic to be maintained during construction. (Council approval date 4-14-98) (District VI) - $85,000 d. Water Distribution System to serve J W Russell Second Addition (west of Tyler, north of Harry). (448-89273/734616/470539) Does not affect existing traffic. (Council approval date 6-16-98) (District V) - $47,000 e. Lateral 142, War Industries Sewer to serve Pebblebrook Addition (north of Pawnee, west of Webb. (468-82884/743575/480448) Does not affect existing traffic. (Council approval date 7-28-98) (District II) - $107,000 f. Lincoln from the east line of Greenwich Road to the west line of Woodland Lake Estates Unplatted Tracts and Tracts 1, 2 and 3 (south of Kellogg, west of 127th Street East). (472-82696/763748/490477) Lincoln to be closed. (Council approval date 3-5-97) (District II) - $803,000 g. 1998 Arterial Sidewalk and Wheelchair Ramp Construction (Various Locations). (472-82931/706697 /405223) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 7- 21-98) (District All) - $400,000 h. Lakeway Court from the west line of Lakeway Circle, west to and including the cul-de-sac, and; Lakeway Circle from the north line of Lakeway Court, north to and including the cul-de-sac Horseshoe Lake Second Addition (north of 21st Street, west of Hoover). (472-89253/765057/490607) Does not affect existing traffic. (Council approval date 6-2-98) (District V) - $242,000 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carriedcarried 7 to 0. WATER DISTRIBUTION SYSTEM WATER DISTRIBUTION SYSTEM PETITION TO SERVE UNPLATTED TRACTS ALONG ARKANSAS AVENUE (NORTH OF 43RD STREET NORTH). (District VI) Agenda Report No. 98-787. The Petition has been signed by seven owners representing 100% of the improvement district. The project will provide water service to a group of single-family homes. The estimated project cost is $14,400. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-98-366 Resolution of findings of advisability and resolution authorizing construction of Water Distribution System Number 448-89259 (along Arkansas Avenue, north of 43rd Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. SANITARY SEWER/MILEEN SANITARY SEWER TO SERVE LOT 10, MILEEN ACRES ADDITION (EAST OF ARKANSAS AVENUE, SOUTH OF 29TH STREET NORTH). (District VI) Agenda Report No. 98-788. The Petition has been signed by two owners representing 100% of the improvement district. The project will provide sanitary sewer service to a single-family home. The estimated project cost is $10,000. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-98-367 Resolution of findings of advisability and resolution authorizing construction of Lateral 134, Main 4, Sanitary Sewer No. 23 (east of Arkansas Avenue, south of 29th Street North) (Project Number 468-82887) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. SANITARY SEWER WALNUTSANITARY SEWER TO SERVE LOT 8, WALNUT GROVE ADDITION (NORTH OF 35TH STREET NORTH, WEST OF ARKANSAS AVENUE). (District VI) Agenda Report No. 98-789. The Petition has been signed by three owners representing 100% of the improvement district. The project will provide sanitary sewer service to a single-family home. The estimated project cost is $8,000. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-98-368 Resolution of findings of advisability and resolution authorizing construction of Lateral 135, Main 4, Sanitary Sewer No. 23 (north of 35th Street North, west of Arkansas Avenue) (Project Number 468-82891) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. WDS - SHADYBROOK ESTATESWATER DISTRIBUTION SYSTEM TO SERVE THE ESTATES AT SHADYBROOK (SOUTH OF CENTRAL, EAST OF 143RD STREET EAST). (District II) Agenda Report No. 98-790. On June 23, 1998, the City Council approved a Petition to construct a Water Distribution System to serve The Estates at Shadybrook. Based on recent bid prices, it is doubtful that the original Petition amount is high enough to award a construction contract. A new Petition with an increased budget has been submitted. The signature on the new Petition represents one owner that owns 100% of the improvement district. The original Petition totaled $22,000. The new Petition totals $30,000. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. Motion -- carried carried 7 to 0. RESOLUTION NO. R-98-382 Resolution of findings of advisability and resolution authorizing construction of Water Distribution System Number 448-89289 (south of Central, east of 143rd Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. BOARDS MINUTESMINUTES OF ADVISORY BOARDS/COMMISSIONS. CPO Northeast Council 1, 8-10-98 CPO Northeast Council 2, 8-10-98 CPO Southeast Council 3, 8-13-98 CPO Southwest Council 4, 8-13-98 CPO Northwest Council 5, 8-12-98 CPO North Central Council 6, 8-12-98 Metropolitan Area Planning Commission (MAPC), 7-16-98 Wichita Historic Preservation Board, 7-13-98 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USESCONSIDERATION OF STREET CLOSURES/USES. There were no Street Closures/Uses to consider. FINANCIAL REPORTMONTHLY FINANCIAL REPORT FOR THE PERIOD ENDED JULY 31, 1998. Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. EQUUS BEDS AGREEMENTMODIFICATION TO THE COOPERATIVE AGREEMENT WITH THE BUREAU OF RECLAMATION FOR THE EQUUS BEDS RECHARGE DEMONSTRATION PROJECT. (All Districts) Agenda Report No. 98-791. On August 31, 1993, the Council approved the Integrated Local Water Supply Plan developed by Burns and McDonnell/Mid-Kansas Engineering Consultants. That Plan identified cost effective water resources that would be adequate to meet Wichita's water needs to the year 2050. On February 7, 1995, the Council approved Phase I- Project I of the Equus Beds Recharge Demonstration Project. The purpose of the Equus Beds Recharge Demonstration Project is to determine if excess flows in the Little Arkansas River can be used to recharge the Equus Beds Wellfield. On July 25, 1995, the Council approved an assistance agreement with the Bureau of Reclamation (BOR) in the amount of $500,000 for the use of Federal funds on this demonstration project. On November 14, 1995, the Council authorized Phase 1, Project 2 of the Demonstration Project In 1995 the Department of the Interior, Bureau of Reclamation offered to provide up to $500,000 in funding for this project. This grant, which was a 50% grant, can be used to fund many aspects of this project, including engineering costs, construction costs, and laboratory and sampling costs. This project is a five- year project, but that Assistance Agreement could only be used to help fund the first year of the project. With the assistance of the State's congressional representatives, additional funding was sought to help fund the ensuing years of the project. Those efforts have resulted in an additional $1,505,000 from the BOR, for a total of $2,002,000 to-date. The BOR has now identified an additional $275,000 of funding that is available for 1998. While participating in the Assistance Agreement may have an impact on the overall costs of the project, because of various Federal requirements associated with the funding, those additional costs are far lower than the funds offered in this Agreement The estimated cost of the Recharge Demonstration Project is $7.2 million.. If this modification to the Assistance Agreement is accepted, the City's costs would be reduced by an additional $275,000, for a total of $2,277,000 from the BOR. Funding for this project is included in the CIP as project W-403. The demonstration project has a total authorization for $4,500,000 for the years from 1996 to 2000. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. DESIGN SERVICES AGMT. DESIGN SERVICES FOR ASHLEY PARK ADDITION - NORTH OF MAPLE, WEST OF RIDGE ROAD. (District V) Agenda Report No. 98-792. The City Council approved the Ashley Park Addition plat on October 18, 1998. The proposed Agreement between the City and Baughman Company, P.A. provides for the design of Water Distribution System Number 448-88340; and paving Brown Thrush. Baughman Company, P.A. provided subdivision engineering services for this addition, therefore, they can expedite construction plan preparation. Administrative Regulation 7a allows for the selection of Baughman Company, P.A. under these conditions. Payment will be on a lump sum basis of $20,150 and will be paid by special assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. RAILR0AD SIGNALS INSTALLATION OF RAILROAD SIGNALS - HARRY STREET, EAST OF K-42. (District IV) Agenda Report No. 98-793. The railroad crossing location of Harry Street, just east of K-42 was reviewed by representatives of the City, State and Railroad (CKR) to determine the possible need for signal improvements. As a result of this review, improvements to the existing crossing signalization system are recommended. The Agreement will authorize the necessary signal revisions which will consist of the relocation of one of the existing cantilever signals, the installation of new straight post signals and gates, and the replacement of the train detection system. The estimated cost for the replacement of the existing signalization system is $194,378.38 and will be paid by Federal safety funds. The Agreement obligates the City to install the necessary advance warning signs and pavement markings at the crossing area. This expense is approximately $2,500 and will be paid from the Traffic Maintenance operating budget. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. FARM & ART MARKET MANAGEMENT AGREEMENT FOR THE FARM AND ART MARKET. (District VI) Agenda Report No. 98-794. The Farm and Art Market is located in the Old Town area on Mosley between First Street and Douglas. As currently configured, the property has 19,239 rentable square feet on three floors. In addition, there is a large banquet facility on the third floor that is leased on a per event basis. The facility is close to fully occupied although all leases are up for renewal over the next three months. From its inception in 1993, the facility has been managed by Marketplace Properties, LLC. The initial term of their lease was five years expiring July 31, 1998. They declined to exercise their option to continue managing the property. A Request for Proposal (RFP) was sent to over 70 potentially interested firms and individuals. Two responses were received and reviewed by a staff selection committee. Key Management’s proposal was recommended. Key will manage the retail aspect of the property for 4.2% of rental revenue. They will also earn a leasing commission equal to 6% of revenue on new leases and 1% of revenue on renewals. They have agreed to oversee all banquets and plaza events scheduled through the end of 1998 for $100 per event. Based on current revenues, they will earn $9,933 in management fees and $3,920 in leasing commissions over the next twelve months. It is projected that the operating income from the Farm and Art Market will be sufficient to fund the cost of the management and leasing fees. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. DOUGLAS STREET BRIDGEDOUGLAS STREET BRIDGE. (District VI) Agenda Report No. 98-795. On December 23, 1997, the City Council approved an agreement with the Kansas Department of Transportation (KDOT) for the funding of the Douglas Street Bridge. KDOT was to contribute $800,000 toward the funding of the Bayley Street Railroad Bridge over the Arkansas River. KDOT has agreed to increase the upper limit of compensation for Douglas Street Bridge from $2,000,000 to $2,800,000 with the understanding that the City of Wichita will pay the $800,000 for replacing the railroad bridge. The project budget is $7.2 million. The funding source for $4.4 million is General Obligation Bonds. KDOT has agreed to use federal funds to pay $2.8 million of the project costs. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. WATER MAINS REPLACEMENTDESIGN SERVICES FOR REPLACEMENT OF WATER MAINS. (Districts I, II, III and VI) Agenda Report No. 98-796. On January 14, 1997, the City Council approved a program to provide replacement water mains for the old leaking mains in the water distribution system. On April 1, 1997, the City Council entered into an agreement with Professional Engineering Consultants, P.A. (PEC) to design 121,450 feet of water main in Sleepy Hollow, Linwood, Midtown, South Wichita, Schweiter, Evergreen and Northeast Wichita for a fee of $156,920. On September 9, 1997, the City Council approved a supplemental agreement with PEC to design an additional 4,150 feet of water lines in the project areas for a fee of $5,813. On December 9, 1997, the City Council approved Supplemental Agreement No. 2 for PEC to design 550 feet of 2" galvanized water mains in the Linwood group for a fee of $5,100. City staff asked PEC to make changes to the plans for the Linwood water lines, make adjustments to the profile for the Northeast Water Line and create tracer wire specifications for the City of Wichita’s use on all water line projects. Supplemental Agreement No. 3 has been prepared. Payment to PEC for Supplemental Agreement No. 3 will be made on a lump sum basis of $4,750 and will be paid by funds available in the Water Utility. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. NORTHEAST TRANSMISSION NORTHEAST TRANSMISSION FACILITY - PHASE II. (Districts I, II and VI) Agenda Report No. 98-797. On July 18, 1995, the City Council approved the design of the Northeast Transmission Facility. On February 27, 1996, the City Council entered into an agreement with Professional Engineering Consultants, P.A. (PEC) to design the facility. The fee was $91,500. The project consists of the design of approximately 13,000 feet of 48 inch water main from the Hess Pump Station to a location near Murdock and Piatt Street. PEC was also required to determine optional routings and pipe sizes from Murdock and Piatt east to Webb Road. On December 17, 1996, the City Council approved Supplemental Agreement Number 1 which required PEC to revise the alignment of a 48 inch water line (approximately 13,000 additional lineal feet), from the Hess Pump Station, connecting to the water system at Fountain and the railroad near the Roosevelt Elevated Water Tank. The fee was $80,400. On March 25, 1997, the City Council approved Supplemental Agreement Number 2 which required PEC to perform a title search and prepare tract drawings for easements along the railroad right-of-way. The fee was $23,000. On August 4, 1998, the City Council approved Supplemental Agreement Number 3 which required PEC to revise the plans for the facility so the project can be bid in three parts. The fee was $1,950. PEC has been asked to prepare plans for 21,000 additional lineal feet of 48" and 36" water transmission line from 15th Street North and the San Francisco- Burlington Northern Railroad tracks, extending east parallel to the tracks to Webb Road, thence north on Webb Road to the 21st Street North/Webb Road Booster Pump Station (Phase II). Payment to PEC for Supplemental Agreement No. 4 will be made on a cost plus percentage of cost basis not to exceed $125,400 and will be paid by funds available in the project budget. The funding source is Water Utility. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. ANNEXATION SERVICE AMEND. CONTRACT AMENDMENT - ANNEXATION SERVICE EXTENSION PLANS. (District All) Agenda Report No. 98-798. In late 1997, the City solicited proposals for professional services to prepare the service extension plans required by State law when cities annex properties through the unilateral method. Baughman Company, P.A. was the only firm that responded to the request for proposals and was awarded a professional services contract for $50 per hour, with an amount not to exceed of $10,000. Baughman has prepared four service extension plans at a total cost of $9,400; therefore, the contract needs to be amended so Baughman can prepare service extension plans for further unilateral annexations. The proposed contract amendment is for $50 per hour, with an amount not to exceed of $30,000. Depending upon the complexity of future unilateral annexations, the proposed contract amendment should fund 13 service extension plans. Currently, 13 areas around the City have been identified as eligible for unilateral annexation. Sufficient funds are available in the 1998 General Fund Contingency Account. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. OUTSIDE LEGAL SERVICESCONTRACT AMENDMENT FOR OUTSIDE LEGAL SERVICES - SOUTH SENECA LAWSUITS - CASE NO. 96 C 902. (District IV) Agenda Report No. 98-799. Early in 1996, a lawsuit was filed by several hundred property owners seeking damages from the City resulting from flooding in 1993 and 1995 in the area of Seneca and 55th Street South. In July of 1996, the City contracted with the law firm of Morris, Laing, Evans, Brock & Kennedy to defend the City’s interest in the lawsuit. The outcome of the first four cases tried early in March was mixed. The City is appealing the trial judge’s ruling refusing to enter judgment in the City’s favor based on the answers the jury made to several questions. The appeal will take approximately 12 to 18 months to conclude. The total amount claimed in the 100 plus lawsuits is well over $6 million. Recent trials and completion of the appeal will require an amendment to the existing contract to cover some additional fees and expenses. The amount of the additional fees and expenses should not exceed $30,000. Fees and expenses in the lawsuit will be paid from the Stormwater Utility Fund. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. IRB-BOEING COMPANYINDUSTRIAL REVENUE BONDS, MULTIPLE SERIES, 1979-1996 - THE BOEING COMPANY. (District III) Agenda Report No. 98-800. Over the years, the City has issued many series of Industrial Revenue Bonds to finance expansion projects for the Boeing Company and provide a basis for property tax exemption on the financed assets. For the bonds issued in 1979 through 1996, Bank IV was Trustee, but substantially all of the trust business of Bank IV was subsequently transferred, through a series of transactions, eventually coming to rest with various affiliates of The Bank of New York as successor trustees. Boeing has requested that the City approve and execute an Agreement of Resignation, Appointment and Acceptance to more formally recognize the succession to the Trusteeship of BNY Trust Company of Missouri. Each of the applicable Indentures contains a provision that, should any instrument in writing be required by a successor trustee for the purpose of more fully or certainly vesting in such entity the estate, right, powers and duties of the Trustee, the City will execute, acknowledge and deliver the instrument requested. The City will incur no unusual costs in executing and returning the requested Agreement of Resignation, Appointment and Acceptance, and the ordinary administrative costs of copying and mailing such documents are covered by the annual administrative service fee paid by Boeing. Motion -- Knight moved that the Resolution be adopted and the Mayor be authorized to sign -- carried the necessary documents. Motion carried 7 to 0. RESOLUTION NO. R-98-369 A Resolution approving an agreement of resignation, appointment, and acceptance with BNY Trust Company of Missouri, as successor trustee for multiple series of industrial revenue bonds issued in 1979 through 1996 to finance facilities for the Boeing Company, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. NORTH INDUSTRIAL CONTRACTNORTH INDUSTRIAL CORRIDOR CONTRACT CHANGE ORDER - CAMP DRESSER & MCKEE. Agenda Report No. 98-801. Camp Dresser & McKee, Inc., (CDM) is currently under contract with the City for providing professional environmental engineering services for the Remedial Investigation and Feasibility Study (RI/FS) of the North Industrial Corridor Site. The scope of work in CDM’s contract has expanded during the course of the contract and staff believes that the additional work is critical to the RI/FS process but is beyond some of the individual budgeted tasks. The change order contains a reallocation or elimination of some of the individual tasks. Staff anticipates that a contract amendment will be necessary in the future to authorize additional funding for the Phase 2 Investigation once the investigation requirements have been redefined by KDHE and the NIC Participants. The funding will be performed by reallocating budgeted tasks. No additional funds are requested at this time. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. 1999 PARK CIP1999 PARK CAPITAL IMPROVEMENT PROGRAM. (All Districts) Agenda Report No. 98-802. The 1999 Capital Improvement Program (CIP) provides for improvements in a number of parks. Following is a list of parks to be improved, the nature of the work, and the CIP budget. Project Scope of Work CIP Budget 21st, Ridge - Maize Bikepath $ 361,000 Various Parks Bikepath improvements 50,000 Cessna Park Disability access, parking lot & sports 178,000 fields improvements Various Parks Basketball & Tennis Court impr. 100,000 Harrison Park Parking lot improvement 90,000 John’s Sludge Pond Urban Fishing Lake improvements 25,000 Linwood (south) Parking lot and sports courts rep 200,000 Various Parks Park lighting 50,000 Various Parks Playground Equipment 40,000 Various Parks Sidewalks and park paths 40,000 Various Parks Swimming Pool repair 128,000 The projects total $1,262,000. The funding source is General Obligation Bonds, except for the 21st Street bikepath which includes $265,000 in federal funds by the Kansas Department of Transportation. The federal funding is subject to approval. However, it is recommended that the design proceed in anticipation of approval of the federal funds. Motion -- Knight moved that the projects be approved and the Resolutions be adopted; and the Staff Screening and Selection Committee be authorized to select Design -- carried Architects/Engineers. Motion carried 7 to 0. RESOLUTION NO. R-98-370 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements along 21st Street North, from Maize Road to Ridge Road (472- 82967) presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-371 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements in various parks (472-82968) presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-372 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements in Cessna Park (472-82969) presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-373 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements in various parks (472-82970) presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-374 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements in Harrison Park (472-82971) presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-375 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements in John’s Sludge Pond (472-82972) presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-376 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements in Linwood Park (south) (472-82973) presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-377 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements In various parks (472-82974) presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-378 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements in various parks (472-82975) presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-379 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements in various parks (472-82976) presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-380 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements in various parks (472-82977) presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. AIRPORT CABLE REPLACEMENTWICHITA AIRPORT AUTHORITY - HIGH VOLTAGE CABLE REPLACEMENT. Agenda Report No. 98-803. The project is High Voltage Cable Replacement (500389) and represents a three-phase improvement that will be made to Mid-Continent Airport subject to further action and approval by the Authority. Phase I of this project was initiated by the Authority on January 6, 1997 and amended on May 19, 1997. Phase was initiated by the City Council on January 14, 1997 and amended on June 3, 1997. Phase II of this project was initiated by the City Council on December 9, 1997. The initiation was increased by the Authority on August 17, 1998. The project utilizes partial funding from Passenger Facility Charges. The project has been included in a Capital Improvement Program. The previously initiated amount is being increased to reflect the additional cost associated with the complexity and scope expansion of Phase II. The maximum permanent financing term for this project would be 15 years. Passenger Facility Charge (PFC) collections have been approved to fund the eligible portions of this rate structure exists that provides for partial cost recovery of non-PFC eligible amounts over the financing term. The estimated maximum debt to be incurred, based on the best present information, is $439,400 (an increase of $127,400). Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-98-381 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Mid-Continent Airport Facility operated by the Wichita Airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ART MUSEUM PAINTINGDEACCESSION OF WICHITA ART MUSEUM’S SEVERIN ROESEN PAINTING. Agenda Report No. 98-804. A donor gave the Wichita Art Museum a Severin Roesen painting with the stipulation that the Art Museum deaccession a smaller work by the same artist and use the proceeds to purchase another 19th Century still life for the Art Museum collection. The (City) Wichita Art Museum Board had previously accepted the new Roesen painting with that stipulation. At its August 4, 1998, meeting, the Board of Trustees of the Wichita Art Museum, Inc., approved the deaccession of the Severin Roesen painting (“Still Life with Fruits and Wine Glass”) subject to approval by the Wichita City Council. The Board further authorized Museum staff to go forward with the auctioning of the painting upon Council approval. The work of art will be auctioned at Sotheby’s Auction House in New York. The deaccession for this work of art is in conformance with the Collection Management Policy of the Museum. Proceeds from the sale of this work of art will be used to purchase additional art for the Wichita Art Museum The City of Wichita succeeded to the ownership of all works of art previously owned by the City or the Wichita Art Museum, including the painting under consideration. Under the Operation and Management Agreement with the Wichita Art Museum, Inc, the Board operates the Museum and its collections on behalf of the City. The City Council must approve any transfer or disposition of title of works of art, however. All funds received from the sale must be used by the Board exclusively for Museum purposes according to the contract and must be used for the specific purpose identified in the conditions of the donor. Motion -- Knight moved that the deaccession be approved and the Wichita Art Museum, Inc. be authorized to execute the necessary documents on behalf of the City. Motion -- carried carried 7 to 0. ADVISORY BALLOT CERT.CERTIFICATE OF CANVASS - ADVISORY BALLOT QUESTION. The results of the Advisory Ballot Question, “Should the City of Wichita and Sedgwick County be consolidated into one government? Yes ___ No ___,” were as follows: Provisional Total Votes Ballots Votes YES 27,092 54 27,146 NO 27,889 52 27,941 Motion -- carried Knight moved that the Certificate be received and filed. Motion carried 7 to 0. UNSAFE STRUCTRUESREPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURE - 1149 N. OLIVER. (District I) Agenda Report No. 98-805. On August 3, 1998, the Board of Code Standards (BCSA) held a hearing on property located at 1149 North Oliver, Council District I. The property is considered dangerous and unsafe and is being presented to schedule a condemnation hearing before the Governing Body. Improvement notices have been issued, however, compliance has not been achieved. Pre-condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove the property. Motion -- Knight moved that the Resolution setting the Public Hearing for October 13, 1998, -- carried at 11:00 a.m. be adopted. Motion carried 7 to 0 RESOLUTION NO. R-98-365 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 5 and 6, Block 9, Country Club Heights Addition to Wichita, Sedgwick County, Kansas, known as 1149 North Oliver in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCESSECOND READING ORDINANCES: (First Read August 18, 1998). a. Seneca Street Improvement, from Texas to McLean Boulevard. (District VI) ORDINANCE NO. 43-944 An Ordinance declaring Seneca Street, From Texas to McLean Boulevard (Project Number 472-82966) to be main trafficways within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements on said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. Z-3275 - North Side of Kellogg, East of Tyler. (District V) ORDINANCE NO. 43-945 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. c. Z-1192 - Southeast Corner of 135th Street West and Maple. (District V) ORDINANCE NO. 43-946 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. d. Z-3234 - Southwest Corner of 29th Street North and Tyler Road. (District V) ORDINANCE NO. 43-947 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. e. A 98-19 - Annex Property Generally Located One-Half Mile North of Central and West of 127th Street East. (District II) ORDINANCE NO. 43-948 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. f. A 98-20 - Annex Property Generally Located One-Fourth Mile North of Central, Adjacent to K-96, and West of 127th Street East. (District II) ORDINANCE NO. 43-949 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. FIRST READING ORDINANCE. (Continued from August 18, 1998) IRB - YMCA INDUSTRIAL REVENUE BONDS - YMCA. Agenda Report. On June 23, 1998 the City Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not-to-exceed $8 million to the Wichita YMCA. The bond proceeds will be used to construct, equip a new YMCA South Branch facility and renovate Camp Hyde. On July 28, 1998 City Council amended the original Letter of Intent to include facade improvements at the Central Branch YMCA and cover additional costs at the South Branch YMCA. The amended Letter of Intent amount is not to exceed $9 million. The proposed new 60,000 sq. ft. South Branch YMCA will serve over 20,000 members in South Wichita, 40% of which have an annual income of under $25,000. The facility will include gymnasiums, a recreational and therapeutic pool, an indoor track, a wellness center, nursery, youth center and a meeting room for the community. A Child Development Center will provide 125 children with affordable, all-day child care. Part two of the project will be renovation and major construction improvements to Camp Hyde, located on 124 acres near Viola, Kansas. SOURCES AND USES OF FUNDS Uses: Construction Costs: South Branch YMCA $7,500,000 Camp Hyde 1,250,000 Central Branch YMCA 250,000 Issuance Costs: 116,393 Total Construction Costs: $9,116,393 Sources: Bond Proceeds $9,000,000 Other funds of the YMCA 116,393 Total Funding: $9,116,393 Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. Industrial Revenue Bonds - YMCA. (Districts I and IV) ORDINANCE An Ordinance authorizing the City of Wichita, Kansas, to issue its Recreational Facilities Revenue Bonds in the aggregate principal amount of $9,000,000 for the purpose of providing funds to pay the costs of acquiring, purchasing, constructing and equipping a recreational facility located in the City of Wichita, Kansas (the “City”), constructing certain improvements to an existing recreational facility located in the City of Wichita, Kansas and constructing and equipping certain improvements to existing recreational facilities located in Sedgwick county, Kansas; prescribing the form and authorizing execution of a trust indenture by and between the City and Commerce Bank, N.A. Wichita, Kansas, as Trustee with respect to the Bonds; prescribing the form and authorizing the execution of a Lease Agreement by and between the City and the Young Men’s Christian Association of Wichita, Kansas (the “YMCA”); approving the form of a Guaranty Agreement; and authorizing the execution of a Bond Placement Agreement by and between the City, the YMCA and Nationsbank, N.A., as the Placement Agent for the Bonds, introduced and under the rules laid over. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 34 through 38 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 34 through 38 be approved as consensus -- carried Items. Motion carried 7 to 0. S/D 97-87 S/D 97-87- PLAT OF EVERGREEN ADDITION LOCATED NORTH OF 21ST STREET NORTH, WEST OF Item No. 34 MAIZE ROAD. (District V) Agenda Report No. 98-806. MAPC Recommendation: Approve the Plat. Staff Recommendation: Approve the Plat. A zone change (SCZ-0749) from SF-20, Single-Family Residential to GO, General Office and MF-18, Multi-Family Residential was approved for the eastern portion of this site subject to platting. Petitions, 100%, have been submitted for sanitary sewer, municipal water, storm water and paving improvements. A Certificate of Petitions was also provided. In order to provide for the ownership and maintenance of the reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking for lots adjacent to narrow streets, a covenant has also been submitted requiring that four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. 100 Percent Petition for construction of Water Distribution System Number 448- 89306 (north of 21st, west of Maize) ($149,850 S.A.) 100 Percent Petition for construction of Water Distribution System Number 448- 89307 (north of 21st, west of Maize) ($54,000 S.A.; $36,000 Other) 100 Percent Petition for construction of Water Distribution System Number 448- 89308 (north of 21st, west of Maize) ($89,300 S.A.) 100 Percent Petition for construction of Water Distribution System Number 448- 89309 (north of 21st, west of Maize) ($84,260 S.A.) 100 Percent Petition for construction of Water Distribution System Number 448- 89310 (north of 21st, west of Maize) ($85,000 S.A.) 100 Percent Petition for construction of Water Distribution System Number 448- 89311 (north of 21st, west of Maize) ($77,400 S.A.) 100 Percent Petition for construction of Lateral 412, Southwest Interceptor Sewer (north of 21st, west of Maize) Project No. 468-82900 ($351,550 S.A.) 100 Percent Petition for construction of Lateral 413, Southwest Interceptor Sewer (north of 21st, west of Maize) Project No. 468-82901 ($182,600 S.A.) 100 Percent Petition for construction of Lateral 414, Southwest Interceptor Sewer (north of 21st, west of Maize) Project No. 468-82902 ($185,000 S.A.) 100 Percent Petition for construction of Lateral 415 Southwest Interceptor Sewer (north of 21st, west of Maize) Project No. 468-82903 ($165,900 S.A.) 100 Percent Petition for construction of Lateral 416, Southwest Interceptor Sewer (north of 21st, west of Maize) Project No. 468-82904 ($138,600 S.A.) 100 Percent Petition for construction of Lateral 417, Southwest Interceptor Sewer (north of 21st, west of Maize) Project No. 468-82905 ($162,000 S.A.) 100 Percent Petition for construction of a Lift Station and Force Main (north of 21st, west of Maize) Project No. 468-82906 ($262,500 S.A.) 100 Percent Petition for construction of Storm Water Drain No. 141 (north of 21st, west of Maize) Project No. 468-82908 ($900,000 S.A.) 100 Percent Petition for improving of Parkdale/Central Park from the southerly line of Lot 19 Block 4, to the west line of Maize Road; Stoney Point/Ryan from the north line of Central Park to the west line of Lot 10, Block 8; Stoney Point Court from the west line of Stoney Point to and including the cul-de-sac; Central Park from the westerly line o of Parkdale to the west line of Lot 35, Block 8, and; sidewalk on both sides of Central Park from the west line of Lot 21, Block 9; on the northerly line of Parkdale/Central Park from the southerly line of lot 19, Block, 4, to the west line of Lot 21, Bloc, 9, and; on the west and south line of Stoney Point and Ryan from the north line of Central Park to the west line of Lot 10, Block 8, Project No. 472-83000 (north of 21st, west of Maize) ($600,000 S.A.) 100 Percent Petition for improving of Central Park from the east line of Lot 1, Block 8, to the west line of Lot 12, Block 4; Parkdale from the north line of Central Park to the north line of Lot 1, Block 9; Rutgers/Ryan from the north line of Central Park to the east line of Lot 9, Block 8; Ryan Circle from the west line of Rutgers to and including the cul-de-sac, and; sidewalk on the north side of Central Park; the east side of Parkdale and the south side of Ryan from the east line of Parkdale to the east line of Lot 9, Block 8, Project No. 472-83004 (north of 21st, west of Maize) ($263,200 S.A.) 100 Percent Petition for improving of Parkdale from the southerly line of Lot 19, Block 4, to the south line of Lot 15, Block 7; Rutgers/Central Park from the south line of Lot 19, Bloc, 1, to the east line of Lot 11, Block 4, Sterling from the west line of Rutgers to the west line of Lot 21, Block 1; Central Park Court from the north line of Central Park to and including the cul-de-sac; Parkdale courts serving Lots 20 through 30, Block 4; serving lots 31 through 40, block 4, and; sidewalk on the west side of Parkdale, and the west and north side of Rutgers/Central Park, Project No. 472-83005 (north of 21st, west of Maize) ($272,800 S.A.) 100 Percent Petition for improving of Rutgers/Sterling/Parkdale from the south line of Lot 7, Block 1, to the north line of Lot 14, Block 1; Parkdale from the south line of lot 30, Block 5, to the south line of Sterling; Rutgers from the north line of Sterling to the north line of Lot 18, Block 1; Ruthers Court serving Lots 11 through 20, Block 5, and; sidewalk on the west, north and west side of Rutgers/Sterling/Parkdale, Project No. 472-83006 (north of 21st, west of Maize) ($367,500 S.A.) 100 Percent Petition for improving of Parkdale/Greenspoint/Rutgers from the north line of Lot 31, Block 5, to the north line of Lot 6, Block 1; Parkdale from the south line of Greenspoint to the south line of Lot 1, Block 6; Greenspoint from the west line of Rutgers to the west line of Lot 1, Block 1, and; sidewalk on the east, south and west side of Parkdale/Greenspoint/Rutgers, Project No. 472-83007 (north of 21st, West of Maize) ($279,500 S.A.) 100 Percent Petition for improving of Decel Lane to Central Park and left turn lane on Maize Road from the south line of Lot 26, Block 7, to Central Park, Project No. 472-83008 (north of 21st, west of Maize) ($55,000 S.A.) Motion -- Knight moved that the plat be approved and the Mayor be authorized to sign; the documents be received and filed; and the associated zone change SCZ-0749 Ordinance be placed on first reading with publication of the Ordinance being -- carried withheld until such time as the plat has been recorded with the Register of Deeds. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. SCZ-0749 RESOLUTION NO. R-98-383 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89306 (north of 21st, west of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-384 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89307 (north of 21st, west of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-385 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89308 (north of 21st, West of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-386 Resolution of findings of advisability and Resolution authorizing authorizing construction of Water Distribution System Number 448-89309 (north of 21st, west of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-387 Resolution of findings of advisability and Resolution authorizing authorizing construction of Water Distribution System Number 448-89310 (north of 21st, west of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight RESOLUTION NO. R=98-388 Resolution of findings of advisability and Resolution authorizing authorizing construction of Water Distribution System Number 448-89311 (north of 21st, west of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-389 Resolution of findings of advisability and Resolution authorizing construction of Lateral 412, Southwest Interceptor Sewer (north of 21st, west of Maize) Project No. 468-82900 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-390 Resolution of findings of advisability and Resolution authorizing construction of Lateral 413, Southwest Interceptor Sewer (north of 21st, west of Maize) Project No. 468-82901 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-391 Resolution of findings of advisability and Resolution authorizing construction of Lateral 414, Southwest Interceptor Sewer (north of 21st, west of Maize) Project No. 468-82902 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-392 Resolution of findings of advisability and Resolution authorizing construction of Lateral 415 Southwest Interceptor Sewer (north of 21st, west of Maize) Project No. 468-82903 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-393 Resolution of findings of advisability and Resolution authorizing construction of Lateral 416, Southwest Interceptor Sewer (north of 21st, west of Maize) Project No. 468-82904 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-394 Resolution of findings of advisability and Resolution authorizing construction of Lateral 417, Southwest Interceptor Sewer (north of 21st, west of Maize) Project No. 468-82905, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-395 Resolution of findings of advisability and Resolution authorizing construction of a Lift Station and Force Main (north of 21st, west of Maize) Project No. 468- 82906 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-396 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 141 (north of 21st, west of Maize) Project No. 468-82908 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-397 Resolution of findings of advisability and Resolution authorizing improving of Parkdale/Central Park from the southerly line of Lot 19 Block 4, to the west line of Maize Road; Stoney Point/Ryan from the north line of Central Park to the west line of Lot 10, Block 8; Stoney Point Court from the west line of Stoney Point to and including the cul-de-sac; Central Park from the westerly line o of Parkdale to the west line of Lot 35, Block 8, and; sidewalk on both sides of Central Park from the west line of Lot 21, Block 9; on the northerly line of Parkdale/Central Park from the southerly line of lot 19, Block, 4, to the west line of Lot 21, Bloc, 9, and; on the west and south line of Stoney Point and Ryan from the north line of Central Park to the west line of Lot 10, Block 8, Project No. 472-83000 (north of 21st, west of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-398 Resolution of findings of advisability and Resolution authorizing improving of Central Park from the east line of Lot 1, Block 8, to the west line of Lot 12, Block 4; Parkdale from the north line of Central Park to the north line of Lot 1, Block 9; Rutgers/Ryan from the north line of Central Park to the east line of Lot 9, Block 8; Ryan Circle from the west line of Rutgers to and including the cul-de- sac, and; sidewalk on the north side of Central Park; the east side of Parkdale and the south side of Ryan from the east line of Parkdale to the east line of Lot 9, Block 8, Project No. 472-83004 (north of 21st, west of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-399 Resolution of findings of advisability and Resolution authorizing improving of Parkdale from the southerly line of Lot 19, Block 4, to the south line of Lot 15, Block 7; Rutgers/Central Park from the south line of Lot 19, Bloc, 1, to the east line of Lot 11, Block 4, Sterling from the west line of Rutgers to the west line of Lot 21, Block 1; Central Park Court from the north line of Central Park to and including the cul-de-sac; Parkdale courts serving Lots 20 through 30, Block 4; serving lots 31 through 40, block 4, and; sidewalk on the west side of Parkdale, and the west and north side of Rutgers/Central Park, Project No. 472-83005 (north of 21st, west of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-400 Resolution of findings of advisability and Resolution authorizing improving of Rutgers/Sterling/Parkdale from the south line of Lot 7, Block 1, to the north line of Lot 14, Block 1; Parkdale from the south line of lot 30, Block 5, to the south line of Sterling; Rutgers from the north line of Sterling to the north line of Lot 18, Block 1; Ruthers Court serving Lots 11 through 20, Block 5, and; sidewalk on the west, north and west side of Rutgers/Sterling/Parkdale, Project No. 472-83006 (north of 21st, west of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-401 Resolution of findings of advisability and Resolution authorizing improving of Parkdale/Greenspoint/Rutgers from the north line of Lot 31, Block 5, to the north line of Lot 6, Block 1; Parkdale from the south line of Greenspoint to the south line of Lot 1, Block 6; Greenspoint from the west line of Rutgers to the west line of Lot 1, Block 1, and; sidewalk on the east, south and west side of Parkdale/Greenspoint/Rutgers, Project No. 472-83007 (north of 21st, West of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-402 Resolution of findings of advisability and Resolution authorizing improving of Decel Lane to Central Park and left turn lane on Maize Road from the south line of Lot 26, Block 7, to Central Park, Project No. 472-83008 (north of 21st, west of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 97-93 S/D 97-93 - PLAT OF R. H. MCCOMB ADDITION LOCATED ON THE SOUTH SIDE OF 27TH STREET Item No. 35 SOUTH, EAST OF SENECA. (District IV) Agenda Report No. 98-807. MAPC Recommendation: Approve the Plat. Staff Recommendation: Approve the Plat. Sanitary sewer and water facilities are available for this four-lot site. A petition, 100%, has been submitted for paving improvements. A Certificate of Petitions has also been provided. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. 100 Percent Petition for improving of Walnut Turn Around, Project No. 472-83002 (south of 27th South, east of Seneca) ($4,000 S.A.0 Motion -- Knight moved that the Petition be approved and the Resolution be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-98-403 Resolution of findings of advisability and Resolution authorizing improving of Walnut Turn Around, Project No. 472-83002 (south of 27th South, east of Seneca, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 98-22 S/D 98-22-PLAT OF WILSON APARTMENTS ADDITION LOCATED SOUTH OF 21ST STREET NORTH, Item No. 36 ON THE WEST SIDE OF WEBB ROAD. (District II) Agenda Report No. 98-808. MAPC Recommendation: Approve the Plat. Staff Recommendation: Approve the Plat. A zone change (Z-3038) from SF-6, Single-Family Residential to B, Multi-Family Residential was approved for a portion of this site subject to platting. Municipal water and sanitary sewer are available to this site. Petitions, 100%, have been submitted for traffic improvements. A Certificate of Petitions was also provided. As required by the drainage plan for this site, a temporary drainage easement was submitted. This site is within the noise impact area of McConnel Air Force Base and an avigational easement and restrictive noise covenant were required. A Community Unit Plan (CUP) Certificate has been provided identifying the approved CUP. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. 100 Percent Petition for improving of Decel Lane and left turn lane in Webb Road from the southeast corner of Lot 1, Block 1, to the northeast corner of Lot 1, Block 1, Project No. 472-83001 (south of 21st, west of Webb) ($40,000 S.A.) Motion -- Knight moved that the petition be received and filed and the Resolution be adopted; the plat be approved and the Mayor be authorized to sign; the documents be received and filed; and the change Z-3038 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has -- carried been recorded with the Register of Deeds. Motion 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-3038 RESOLUTION NO. R-98-404 Resolution of findings of advisability and Resolution authorizing improving of Decel Lane and left turn lane in Webb Road from the southeast corner of Lot 1, Block 1, to the northeast corner of Lot 1, Block 1, Project No. 472-83001 (south of 21st, west of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 98-55 S/D 98-55 - PLAT OF THE LEGACY ADDITION LOCATED ON THE WEST SIDE OF MERIDIAN, Item No. 37 NORTH OF 47TH STREET SOUTH. (District IV) Agenda Report No. 98-809. MAPC Recommendation: Approve the Plat. Staff Recommendation: Approve the Plat. Sanitary sewer and water facilities are available.for this four-lot commercial site. A zone change (Z-3275) to LC, Limited Commercial and GC, General Comercial was approved for this site subject to platting. The site is also subject to the Carriage House CUP (DP-50, Amendment #1). A letter of credit has been submitted for traffic and drainage improvements. A Certificate of Petitions has also been submitted.A joint access agreement was provided to provide shared access between the lots. A Community Unit Plan Certifiucate has been provided identifying the approved CUP. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. 100 Percent Petition for construction of Water Distribution System Number 448- 89312 (west of Meridian, south of MacArthur) ($115,500 S.A.0 100 Percent Petition for construction of Water Distribution System Number 448- 89313 (west of Meridian, south of MacArthur) ($66,400 S.A.) 100 Percent Petition for construction of Water Distribution System Number 448- 89314 (west of Meridian, south of MacArthur) ($71,000 S.A.) 100 Percent Petition for construction of Lateral 411, Southwest Interceptor Sewer (west of Meridian, south of MacArthur) Project Number 468-82894 ($384,000 S.A.) 100 Percent Petition for construction of Lateral 418, Southwest Interceptor Sewer (west of Meridian, south of MacArthur) Project Number 468-82895 ($233,400 S.A.) 100 Percent Petition for construction of Lateral 419, Southwest Interceptor Sewer (west of Meridian, south of MacArthur) Project Number 468-82896 ($77,000 S.A.) 100 Percent Petition for construction of Wtorm Water Sewer No. 512 (west of Meridian, south of MacArthur) Project Number 468-82897 ($570,100 S.A.) 100 Percent Petition for construction of Storm Water Sewer No. 513 (west of Meridian, south of MacArthur) Project Number 468-82898 ($72,400 S.A.) 100 Percent Petition for construction of Storm Water Sewer No. 514 (west of Meridian, south of MacArthur) Project Number 468-82899 ($174,500 S.A.) 100 Percent Petition for improving of St. Paul/43rd Street South from the south line of Lot 49, Block 2, to the west line of Meridian; Richmond from the south line of Lot 6, Block 10, to the south line of 43rd Street South; Richmond Court serving Lots 6 through 13, Block 8, from the west line of Richmond to and including the cul-de-sac; 43rd Court South serving Lots 61 through 66, Block 2, from the north line of 43rd Street South to and including the cul-de-sac; St. Paul Circle serving Lots 54 through 60, Block 2, from the north line of St. Paul to and including the cul-de-sac; Lots 4 through 19, Block 6, from the east line of St. Paul to and including the cul-de-sac, and; sidewalk on the east and south sides of St. Paul/43rd Street South from the south line of Lot 49, Block 2, to the east line of Meridian, Project No. 472-83009 (west of Meridian, south of Mac Arthur) ($542,500 S.A.) 100 Percent Petition for improving of 44th Street South from the west line of Lot 16, Block 3, to the west line of Meridian; St. Paul Court serving Lots 20 through 24, Block 3, from the west line of St. Paul to and including the cul-de-sac; Chase Circle serving Lots 29 through 46, Block 2, from the north line of 44th Street South to and including the cul-de-sac; Richmond Circle serving Lots 1 through 9, Block 11, from the south line of 44th Street South to and including the cul-de- sac: St. Paul from the south line of Lot 24, Block 3, to the north line of Lot 48, Block 2; Richmond from the north line of 44th Street South to the south line of Lot 6, Block 10, and; Sidewalk on both sides of 44th Street South from the west line of Lot 16, Block 3, to the west line of Meridian, and on the east side of St. Paul from the south line of Lot 1, Block 4, to the north line of Lot 48, Block 2, Project No. 472-83010 (west of Meridian, south of Mac Arthur) ($654,000 S.A.) 100 Percent Petition for improving of 44th Street South from the west line of Reserve A, to the west line of Lot 16, Block 3; Mt. Carmel from the north line of 44th Street South to the north line of Reserve B; Mt. Carmel Circle, serving Lots 1 through 7, Block 3, from the south line of 44th Street South to and including the cul-de-sac; Custer Circle serving Lots 11 through 28, Block 2, from the north line of 44th Street North to and including the cul-de-sac, and; sidewalk on both sides of 44th Street South from the west line of Lot 16, Block 3, to the west line of Reserve A and on the east side of Mt. Carmel from the south line of Lot 10, Block 2, to the North Line of Reserve B, Project No. 472-83011 (west of Meridian, south of MacArthur) ($455,700 S.A.) Motion -- Knight moved that the Plat be approved; the Petitions be received and filed and the Resolutions be adopted; the documents be received and filed; and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. RESOLUTION NO. R-98-405 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89312 (west of Meridian, south of MacArthur)in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-406 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89313 (west of Meridian, south of MacArthur) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-407 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89314 (west of Meridian, south of MacArthur), in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-408 Resolution of findings of advisability and Resolution authorizing construction of Lateral 411, Southwest Interceptor Sewer (west of Meridian, south of MacArthur) Project Number 468-82894, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-409 Resolution of findings of advisability and Resolution authorizing construction of Lateral 418, Southwest Interceptor Sewer (west of Meridian, south of MacArthur) Project Number 468-82895, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-410 Resolution of findings of advisability and Resolution authorizing construction of Lateral 419, Southwest Interceptor Sewer (west of Meridian, south of MacArthur) Project Number 468-82896, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-411 Resolution of findings of advisability and Resolution authorizing construction of Wtorm Water Sewer No. 512 (west of Meridian, south of MacArthur) Project Number 468-82897, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-412 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 513 (west of Meridian, south of MacArthur) Project Number 468-82898, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO.R-98-413 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 514 (west of Meridian, south of MacArthur) Project Number 468-82899, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-414 Resolution of findings of advisability and Resolution authorizing improving of St. Paul/43rd Street South from the south line of Lot 49, Block 2, to the west line of Meridian; Richmond from the south line of Lot 6, Block 10, to the south line of 43rd Street South; Richmond Court serving Lots 6 through 13, Block 8, from the west line of Richmond to and including the cul-de-sac; 43rd Court South serving Lots 61 through 66, Block 2, from the north line of 43rd Street South to and including the cul-de-sac; St. Paul Circle serving Lots 54 through 60, Block 2, from the north line of St. Paul to and including the cul-de-sac; Lots 4 through 19, Block 6, from the east line of St. Paul to and including the cul-de-sac, and; sidewalk on the east and south sides of St. Paul/43rd Street South from the south line of Lot 49, Block 2, to the east line of Meridian, Project No. 472-83009 (west of Meridian, south of Mac Arthur), in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-415 Resolution of findings of advisability and Resolution authorizing improving of 44th Street South from the west line of Lot 16, Block 3, to the west line of Meridian; St. Paul Court serving Lots 20 through 24, Block 3, from the west line of St. Paul to and including the cul-de-sac; Chase Circle serving Lots 29 through 46, Block 2, from the north line of 44th Street South to and including the cul-de- sac; Richmond Circle serving Lots 1 through 9, Block 11, from the south line of 44th Street South to and including the cul-de-sac: St. Paul from the south line of Lot 24, Block 3, to the north line of Lot 48, Block 2; Richmond from the north line of 44th Street South to the south line of Lot 6, Block 10, and; Sidewalk on both sides of 44th Street South from the west line of Lot 16, Block 3, to the west line of Meridian, and on the east side of St. Paul from the south line of Lot 1, Block 4, to the north line of Lot 48, Block 2, Project No. 472-83010 (west of Meridian, south of Mac Arthur), in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-416 Resolution of findings of advisability and Resolution authorizing improving of 44th Street South from the west line of Reserve A, to the west line of Lot 16, Block 3; Mt. Carmel from the north line of 44th Street South to the north line of Reserve B; Mt. Carmel Circle, serving Lots 1 through 7, Block 3, from the south line of 44th Street South to and including the cul-de-sac; Custer Circle serving Lots 11 through 28, Block 2, from the north line of 44th Street North to and including the cul-de-sac, and; sidewalk on both sides of 44th Street South from the west line of Lot 16, Block 3, to the west line of Reserve A and on the east side of Mt. Carmel from the south line of Lot 10, Block 2, to the North Line of Reserve B, Project No. 472-83011 (west of Meridian, south of MacArthur) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 98-64S/D 98-64 - PLAT OF CANYON PROPERTIES ADDITION LOCATED ON THE SOUTHEAST CORNER OF Item No. 38 CENTRAL AND GREENWICH ROAD. (District II) Agenda Report No. 98-810 . MAPC Recommendation: Approve the Plat. Staff Recommendation: Approve the Plat. This site was annexed on May 5, 1998. Sanitary sewer and water facilities are available for this seven-lot site. A zone change from SF-20, Single-Family Residential to LC, Limited Commercial zoning was approved for a portion of this subject to platting. The site is also subject to the Canyon Properties CUP (DP- 29). A petition, 100%, was submitted for drainage improvements. A Certificate of petitions was also provided. A joint access agreement and cross-lot circulation agreement were provided to provide shared access between the lots. A Community Unit Plan (CUP) Certificate has been provided identifying the approved CUP. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. 100 Percent Petition authorizing construction of Storm Water Sewer No. 515 (south of Central, east of Greenwich) Project No. 468-82907 ($59,500 S.A.) Motion -- Knight moved that the plat be approved; the documents be received and filed; the Zone change Ordinance (SCZ-0756) be placed on first reading with publication withheld until such time as the plat is recorded with the Register of Deeds; and -- carried the Mayor be authorized to sign the necessary documents. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. SCZ-0756 RESOLUTION NO. R-98-417 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 515 (south of Central, east of Greenwich) Project No. 468- 82907, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z-3283 Z-3283 - REQUEST ZONE CHANGE FROM “B” MULTIPLE - FAMILY RESIDENTIAL TO “LC” LIMITED COMMERCIAL, LOCATED SOUTH OF 30TH STREET SOUTH, WEST OF SENECA (1115, 1117 & 1119 WEST 30TH STREET SOUTH). (District IV) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-811. MAPC Recommendation: Approve, subject to Staff Comments. CPO Recommendation: Approve. Staff Recommendation: Approve, subject to the dedication of complete access control west of the existing driveway on 30th Street South. The applicant requested a zone change from “B” to “LC” in order to use the area to provide parking for the Fidelity Bank Branch located immediately east at 3101 South Seneca. Parking lot screening and street yard landscaping will be required along 30th Street South at the north end of the proposed parking. A six-foot screening fence and landscape buffing, with one shade tree or two ornamentals per 40 feet is required along the west side where the application area abuts residential zoning. Council Member Kamen momentarily absent. Motion -- Gale 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 Ordinance be placed on first reading with publication being withheld until such time as the applicant submits a petition for dedication of complete access -- carried control acceptable to the City Engineer. 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-3283 Z-3284 Z-3284 - REQUESTS ZONE CHANGE FROM “GO” GENERAL OFFICE TO “NR” NEIGHBORHOOD RETAIL ON 0.64 ACRES AND REMOVAL OF RESTRICTIVE COVENANTS 1.47 ACRES ON THE “LC” LIMITED COMMERCIAL OF LOT 2, LOCATED APPROXIMATELY 1,100 FEET SOUTH OF HARRY ON THE WEST SIDE OF WEBB ROAD. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-812. MAPC Recommendation: Approve, subject to CPO recommendations. CPO Recommendation: Approve, subject to recommendations. Staff Recommendation: Approve, subject to the additional provisions of a Protective Overlay. The applicant requests a zone change from "GO” General Office to “NR” Neighborhood Retail on Lot 1, and the removal of the restrictive covenants on Lot 2, in the Caliendo 11th Addition, so he can develop the site with those uses permitted in the “LC” Limited Commercial District and the Neighborhood Retail District. The restrictive covenants currently limits uses on Lot 2 to a car wash or general office uses. This property has remained undeveloped since it was zoned “BB” and platted in 1990. North of the property is a vacant lot and a MacDonald’s. West of the property is single-family homes and construction for an office building, east is a church and south is a single-family residence. Planning Staff recommended approval subject to three provisions in a Protective Overlay: 1) limiting the southern portion of Lot 2 to “NR” uses and signage, like Lot 1; 2) limiting access and granting easements so that in the future, the lots to the north and south of these 2 lots can share access and: 3) provide a guarantee to participate in extending a left turn lane on Webb Road south to these lots with the future widening project. CPO2 and the MAPC voted to approve the zoning subject to the 1st and 3rd provisions, which were acceptable to the applicant, but not to the 2nd provision, which was not acceptable to the applicant. Motion -- Kamen moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the additional recommended provisions of a Protective Overlay, and including the following staff recommendations: 1) access to Webb Road shall be limited to the south 60 feet of Lot 1 and the north 60 feet of Lot 2, Caliendo 11th Addition, and 2) the owners of Lots 1 and 2 shall permit cross-circulation between those lots and the abutting lots to the south and north, respectively; approve removal of existing Restrictive Covenant on Lot 2;and the Ordinance be placed on first reading with publication being withheld until the applicant submits a petition for street improvement acceptable to the City Engineer. 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-3284 OFF AGENDA ITEMS Motion -- Kamen moved that the rules be set aside and two items be brought up off the -- carried Agenda. Motion carried 7 to 0. WEBB ROAD WEBB ROAD Council Member Kamen Council Member Kamen said the Webb Road area is rapidly growing and suggested the MAPC be asked to develop a policy regarding access to businesses to prevent future problems such as those on Rock Road. Marvin Krout Director of Planning said the possibility of bringing in an expert on access to arterial streets is being looked at. This would be a good introduction of the problem to the MAPC. The Rock Road problem is being looked at with regard to combining some of the accesses. ACCIDENTS ON ROCK ROAD ACCIDENTS ON ROCK ROAD Council Member Kamen Council Member Kamen stated that the accidents he has been seeing on Rock Road have been involving people trying to get out onto Rock Road by making left turns. Something must be done - perhaps more stop lights, vehicle activated, or something. Council Member Kamen suggested the Traffic Engineer might look at the problem and return with recommendations as soon as possible. Marvin Krout Director of Planning said he and the Director of Public Works would get together and provide suggestions. EXECUTIVE SESSION Motion -- Knight moved that the City Council recess into executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationshp relating to legal advice, contract negotiations, and confidential data relating to the financial affairs or trade secrets of a business; and the Council -- carried return from executive session at 11:35 a.m. Motion carried 7 to 0. RECESS The City Council recessed at 11:00 a.m. and returned at 11:35 a.m. Mayor Knight Mayor Knight announced that no action was necessary. ADJOURNMENT The City Council meeting adjourned at 11:35 a.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 166 August 25, 1998