MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, May 5, 1998 Tuesday, 9:12 A.M. The City Council met in regular session with Vice Mayor Gale in the Chair. Council Members Cole, Kamen, Lambke, Rogers; present. Council Member Ferris, Mayor Knight; absent Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rabbi Michael Davis, Temple Emanu-El. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meetings of April 21, 1998 and April 28, -- carried 1998 were approved 5 to 0. (Ferris, Knight; absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Vice Mayor Gale presented the Proclamations previously approved. SERVICE CITATIONS Mayor Knight presented Distinguished Service Citations to those present. RECOGNITION Ron and Renae Ryan were recognized for their gift to the City of the historic former "Clapp House" property at 1848 Wellington Place. NEW BUSINESS EATON BLOCK DEVELOP. PARTICIPATION IN PRELIMINARY DEVELOPMENT - EATON BLOCK REDEVELOPMENT. Agenda Report No. 98-377 On March 17, 1998, the City Council designated MetroPlains Development Inc. as the City's Preferred Developer for the Eaton Block Properties. The Council also authorized staff to negotiate a Letter of Intent with the Preferred Developer and recommended that the Eaton Block Task Force work with the Preferred Developer to prepare feasible design concepts and fiscal proposals for consideration. MetroPlains has begun its thorough analysis of the project including architectural and structural assessments related to historic rehabilitation of the buildings and refinement of the financial components of the project. As a result of this work, the Preferred Developer will incur costs associated with this work prior to the finalization of the Letter of Intent. During the pre-development phase of the project, MetroPlains will be determining alternatives to demolition of buildings at 505 and 507 E. Douglas (per Council approval on April 7, 1998) to delay demolition so further study may occur. The Developer will also be conducting a market analysis which will assist in the refinement of the residential and commercial developments. The development will require contracting for completion of substantial architectural work which will be the basis of the development concept and from which schematic designs and construction drawings will be completed. In addition to architectural work, an environmental assessment of asbestos and lead paint and a certified property survey will be completed. These services are provided by professional consultants not internal MetroPlains' staff. In addition to the physical elements of the analysis, there will be a study of the local market and a review of the available financing tools. MetroPlains has submitted a budget for the pre-development phase and is asking the City to share in funding of two items outlined in the budget. These items are structural engineering for 505 and 507 E. Douglas and a survey of the complete property to be redeveloped. The total expenditures for these two work items are not to exceed a total of $25,000. The immediate funding source for this request would be General Fund Appropriated Reserves. It is anticipated that this expenditure will be offset by moneys from two sources: 1) the proceeds due to the City from the bankruptcy sale of the Eaton Block properties which the City anticipates to receive in 1998 - estimated at approximately $12,000; and 2) refinement of scope of the previously authorized work in the engineering contract with Dudley Williams and Associates for the structural condition study and recommended stabilization strategies of the properties. (The structural stabilization strategies have not been completed. Approximately $15,000 remains encumbered for stabilization.) If the City and MetroPlains are not able to successfully negotiate a Developers Agreement for the project, the City will reimburse MetroPlains for expenditures for products that the City or another developer will use as part of the redevelopment project. Motion -- Cole moved that the recommendation of the Eaton Block Task Force for the pre- development expenditures for a property survey and structural engineering work not to exceed a total of $25,000 be approved. Motion carried 4 to 1. Lambke - -- carried No. (Knight, Ferris; absent) (This Item was taken up later in the meeting; action is shown with New Business Agenda.) CONDEMNATIONS REPAIR AND REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. (Council Member Ferris present) Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Agenda Report No. 98-212 A. On March 17, 1998, a report was submitted with respect to the dangerous and unsafe conditions of the buildings located on these properties. The Council adopted a resolution providing for a public hearing to be held on these condemnation actions at 11:00 a.m. on May 5, 1998. On March 2, 1998, the Board of Code Standards and Appeals (BCSA) held hearings on the following properties: Hearings will be conducted on the following properties: Property Address Council District 1. 3020 E. Stadium I 2. 1130 W. 47th Street South IV Pursuant to State Statute the Resolutions were duly published twice on March 18, 1998, and March 25, 1998. A copy of each resolution was sent by certified mail or given personal service delivery to the owners and lien holders of record of each described property. Vice Mayor Gale Vice Mayor Gale inquired if anyone wished to be heard and no one appeared. Council Member Lambke Council Member Lambke said he would be supportive of any kind of action to speed up the condemnation process. Motion -- Kamen moved that the public hearing be closed, the resolutions declaring the building(s) dangerous and unsafe structures be adopted, the staff recommended time frame to alleviate the findings be approved and any extensions of time granted to repair the structures would be conditioned on the following: (1) any back taxes now due are to be paid and taxes kept current, (2) the structures are to be kept secured, and (3) the premises are to be kept mowed and free of debris; if any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure; and the City Clerk be instructed to have the Resolution published once in the official city paper and advise the owners of -- carried these findings. Motion carried 5 to 0. (Cole, Knight; absent) RESOLUTION NO. R-98-169 A Resolution finding that the structure located on Lot 28, Block 13, Shadybrook Addition to Wichita, Sedgwick County, Kansas, commonly known as 3020 East Stadium, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Kamen moved that the Resolution be adopted. Motion carried 5 to 0. (Cole, Knight; absent) Yeas: Ferris, Gale, Kamen, Lambke, Rogers. RESOLUTION NO. R-98-170 A Resolution finding that the structure located on the east 549 feet of the south 319.17 feet of the southeast quarter of the southeast quarter of Section 18, township 28 south, range 1 east of the sixth principal meridian, Sedgwick County, Kansas, except the east 225 feet thereof, and except that part taken in District Court Case 92C465 commonly known as 1130 West 47th South, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Kamen moved that the Resolution be adopted. Motion carried 5 to 0. (Cole, Knight; absent) Yeas: Ferris, Gale, Kamen, Lambke, Rogers. (Council Member Ferris absent) CITY COUNCIL AGENDA JUDGE APPOINTMENT APPOINTMENT OF ADMINISTRATIVE JUDGE. Motion -- carried Rogers moved that this Item be deferred to May 19, 1998. Motion carried 5 to 0. (Ferris, Knight; absent) TRAVEL APPROVAL APPROVAL OF VICE MAYOR GALE'S TRAVEL, JUNE 4-6, 1998, TO WASHINGTON, D.C., BUREAU OF JUSTICE MEETING. Motion -- carried Rogers moved that the travel expense be authorized. Motion carried 5 to 0. (Ferris, Knight; absent) APPROVAL OF COUNCIL MEMBERS ROGERS' TRAVEL, JUNE 11-14, 1998, TO CHICAGO, ILLINOIS, FOR NATIONAL LEAGUE OF CITIES EENR STEERING COMMITTEE MEETING. Motion -- carried Cole moved that the travel expense be authorized. Motion carried 5 to 0. (Ferris, Knight; absent) APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect - Council at large) Civil Rights and Services Board (Rogers) Commission on the Status of People with Disabilities (2 appointments - Cole, Kamen) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (2-Lambke) Wichita Transit Advisory Board (Rogers) There were no appointments made. CPO COUNCIL IV CPO SOUTHWEST NEIGHBORHOOD COUNCIL IV. Motion -- Gale moved that the appointment of Thelma Wright to fill the vacancy be -- carried approved. Motion carried 5 to 0. (Ferris, Knight; absent) CONSENT AGENDA Gale moved that the Consent Agenda, including Addendum Item 26c, and except Item No. 25, be approved in accordance with the recommended action shown thereon. Motion carried 5 to 0. (Ferris, Knight; absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MAY 4, 1998. At 10:00 a.m., Friday, May 1, 1998, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes May 4, 1998) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains as per specifications Replacement of the Douglas Avenue Bridge over the Arkansas River (McLean Blvd. to Waco Street). (472-82721/715482/415062) Closed to through traffic. (Council approval date 12-9-97) (District VI) Dondlinger Construction Co., Inc. - $6,641,850.90 (Total Alternate Bid) 1997 Enhanced Maintenance Rubberized Crack Sealing of Asphalt Streets (various locations). (706648/405218) Traffic to be maintained through construction using flagpersons and barricades. Street will be fully open at night. (Council approval date 12-16-97) (Districts III and V) Ferguson Paving - $56,250.00 (Engineer's Estimate) 1997 Enhanced Maintenance Traverse Thermal Crack Repair of Asphalt Streets (various locations). (706648/405218) Traffic to be maintained through construction using flagpersons and barricades. Restricted to one lane while concrete is in cure. (Council approval date 12-16-97) (Districts III and V) Cornejo & Sons - $130,815.00 (Engineer's Estimate) 12" Water Line in Airport Road from north of Harry to south of Kellogg (south of Kellogg, west of Hoover). (448-88953/633495/544536) Traffic to be maintained through construction. (Council approval date 1-6-98) (District V) HD Mills & Sons - $41,644.00 Water Distribution System to serve Country Club Court Addition (west of 127th Street East, south of 13th Street North). (448- 89221/734400/470518) Does not affect existing traffic. (Council approval date 11- 18-97) (District n/a) Nowak Construction - $56,070.00 Water Distribution System to serve Brentwood Village Addition (south of Harry, east of Webb). (448-89113/734434/470521) Does not affect existing traffic. Council approval date 2-25-97) (District II) Nowak Construction - $24,889.00 Stoneybrook from the east line of Stoneybrook (North) to the south line of Goebel, and; Goebel from the east line of Stoneybrook to the east line of Stoneybrook to serve Brentwood Village Addition (south of Harry, east of Webb). (472-82796/764902/490592) Does not affect existing traffic. (Council approval date 4-7-98) (District II) Cornejo & Sons - $149,711.50 Lateral 365, Southwest Interceptor Sewer to serve Chitwood Addition (south of 47th Street South, east of West Street). (468- 82587/742650/480357) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 04-02-96) (District IV) Mies Construction Co., Inc. - $205,014.00. Gale 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 5 to 0. (Ferris, Knight; absent) PARK DEPARTMENT/CENTURY II DIVISION: AHU HVAC Upgrades The Waldinger Corp - $10,379.00 (Task 13-1 Addendum) $18,135.00 (Task 13-2 Addendum) $ 5,297.00 (Task 13-A1 Addendum) $ 5,559.00 (Task 13-A2 Addendum) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Installation of Security System (205203) Electronic Contracting Co. - $11,985.00 PUBLIC WORKS DEPARTMENT/FLEET & BUILDING DIVISION: 400 Gallon Trailer Mounted Pressure Applicator (130807) Paving Maintenance Supply - $31,979.25 WATER & SEWER DEPARTMENT/PUMPING & PRODUCTION DIVISION: Potassium Permanganate (183632) Carus Chemical Co. - $411.45 (Cost Per Drum) HEALTH DEPARTMENT/PERSONAL HEALTH DIVISION: Split Virus Flu Vaccine (670653) Monarch Pharmaceuticals, Inc. - $23,100.00* (Total Net Alternate Bid) *2% 10 days; Net 90 WATER & SEWER PRODUCTION & PUMPING DEPARTMENT/SEWAGE TREATMENT DIVISION: Sodium Hypochlorite (184028 and 183632) HCI Advance Chemical Distribution Inc. - $0.83* (Item #2-Cost per Gallon) *Redirect Award Gale 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 5 to 0. (Ferris, Knight; absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1998 (Consumption on Premises) Nhung T. Nguyen My Canh Restaurant* 3141 South Hillside #105 (Consumption off Premises) John R. Leftwich Coastal Mart #9189 8330 East Kellogg New Operator 1998 (Consumption off Premises) Julie Gregg Kum & Go #323 3405 South West Street Julie Gregg Kum & Go #326 277 South Ridge Road William A. Krause Kum & Go #327 707 North Waco William A. Krause Kum & Go #328 6330 East 21st New Establishment 1998 (Consumption off Premises) William A. Krause Kum & Go #324 10502 West 21st Special Event 1998 Helen Barnes Pride Fest Block Party 1705 Sim Park Drive (June 19, 1998) (Parking lot behind Wichita Water Works) Richard Anthony Perkins Wichita Pride Inc./ 650 North Seneca Pride Fest 98 (Indian Center) (June 20, 1998) *General/Restaurant -- 50% or more of gross receipts derived from sale of food. Motion -- Gale moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 5 to 0. (Ferris, Knight; absent) SUBDIVISION PLANS/SPECS SUBDIVISION PLANS AND SPECIFICATIONS. There were no Plans and Specifications. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve Stonebriar Addition (west of Meridian, south of 47th Street South). (448-89075/734384/470- 516) Does not affect existing traffic. (Council approval date 4-7-98) (District IV) - $66,000 b. Water Distribution System to serve Forest Lakes West (north of 29th Street, east of Tyler). (448-89207/734426/470-520) Does not affect existing traffic. (Council approval date 9-23-97) (District V) - $18,850 c. Storm Water Sewer 499 to serve Stonebriar Addition (west of Meridian, south of 47th Street South. (468-82801/751156/485-150) Does not affect existing traffic. (Council approval date 4-7-98) (District IV) - $82,000 d. Stafford Court serving Lots 1 through 5 inclusive, Block 3, from the north line of Stafford Circle to and including the cul-de-sac; and Stafford Circle serving Lots 6 through 13 inclusive, Block 3, from the east line of Maize Road to and including the cul-de-sac to serve Prairie Woods Addition north of Pawnee, east of Maize). (472-82567/764712/490-573) Does not affect existing traffic. (Council approval date 3-21-95) (District V) - $100,000 e. Lake Ridge Court serving Lots 1 through 13, lock 2 to serve Forest Lakes West (north of 29th Street, east of Tyler. (472- 82875/764894/490-591) Does not affect existing traffic. (Council approval date 9- 23-97) (District V) - $94,000 Motion -- Gale moved that the preliminary estimates be approved and filed. Motion -- carried carried 5 to 0. (Ferris, Knight; absent) BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Airport Authority, 4-6-98 Alternative Correctional Housing Advisory Board, 3-26-98 Commission on the Status of People with Disabilities, 3-25-98 Metropolitan Area Planning Commission, 3-25-98 Human Service Board, 3-26-98 Police & Fire Retirement, 3-25-98 Public Building Commission, 9-3-97 Public Building Commission, 12-3-97 Public Building Commission, 9-3-97 Public Building Commission, 3-3-97 Wichita Employees' Retirement System, 3-18-98 Wichita-Sedgwick County Board of Health, 4-9-98 Wichita Transit Advisory Board Minutes, 3-26-98 Motion -- carried Gale moved that the Minutes be received and filed. Motion carried 5 to 0. (Ferris, Knight; absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. WEAPONS DESTRUCTION WEAPONS DESTRUCTION. Agenda Report No. 98-378. The Police Department has requested authorization to destroy several weapons which have been confiscated in criminal activity and are no longer needed as evidence. City Code provides that weapons seized in connection with criminal activity shall be destroyed or forfeited to the Wichita Police Department. All transactions involving weapon disposal must have prior approval of the City Manager. A list of weapons being destroyed has been provided and includes a total of 194 handguns and 41 long guns. The destruction of the weapons will be witnessed and monitored by staff. Motion -- Gale moved that the list of weapons be received and filed. Motion carried -- carried 5 to 0. (Ferris, Knight; absent) EASEMENT AGREEMENT EASEMENT ENCROACHMENT AGREEMENT. Agenda Report No. 98-379. The agreement allows roof overhangs on a building which encroach into the utility easement and waives all rights of action in law arising out of the encroachment over the easement. The agreement not only allows the City to be held harmless from claims resulting from leaking, cave-in, or other failures of the water or sewer lines, but also allows the City to be held harmless from claims resulting from replacement or upgrade of lines, manholes, and/or other Department property in the easement. There are no financial considerations. Motion -- Gale moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Ferris, Knight; absent) OUTSIDE LEGAL SERVICES CONTRACT AMENDMENT FOR OUTSIDE LEGAL SERVICES - SOUTH SENECA LAWSUITS (CASE NO. 96 C 902). (District IV) Agenda Report No. 98-380. In early 1996, a lawsuit was filed by property owners seeking damages from the City resulting from flooding in the area of South Seneca and 55th Street South during 1993 and 1995. In July 1996, the City contracted with the law firm of Morris, Laing, Evans, Brock & Kennedy to defend the City's interest in the lawsuit. In connection with the lawsuit, it was necessary for them to retain the services of Terracon Environmental to evaluate claims made by the plaintiffs and experts retained by the plaintiffs. The first four cases were tried in early March. The outcome of the trials 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. Total amount claimed in the lawsuits is over $6 million. The recent trials and completion of the appeal will require an amendment to the existing contract. The fees and expenses are estimated at $50,000. The fees and expenses will be paid from the stormwater utility fund. Motion -- Gale moved the Contract Amendment be approved and the Mayor be authorized to -- carried sign. Motion carried 5 to 0. (Ferris, Knight; absent) RELEASE OF S.A. AGREE. RELEASE OF CONTRACTUAL LIEN AGREEMENTS FOR SPECIAL ASSESSMENT ASSISTANCE PLAN. Agenda Report No. 98-381. Special Assessment Assistance Grant Applications were accepted and approved for 18 people during the period 1978 through 1983. A requirement of receiving the Grant was the filing of a lien on the assisted property to protect the City's financial interest in the event of the sale of the property to a non-eligible owner. All of the Grants and liens were for fifteen year terms, and expired between 1992 and 1997. The liens have no outstanding balances and were terminated by or before December 31, 1997. The lien releases will be filed with the Register of Deeds. Cost to the City for filing fees will be $8 for each lien, $144 total. Motion -- Gale moved the release of Contractual Lien Agreements be approved and the Mayor -- carried be authorized to sign. Motion carried 5 to 0. (Ferris, Knight; absent) IRB - ECA IRB PURCHASE OPTION (ECA PROPERTIES, L.P.). (District VI) Agenda Report No. 98-382. On September 11, 1985, the Wichita City Council approved the issuance of $28,500,000 in Industrial Revenue Bonds, Series XII, 1985, to finance the construction of a 20-story office building and a 680 car parking garage to be leased to and operated by Epic Center, Inc., located at 301 North Main Street. The Law Firm of Hinkle, Eberhart and Elkouri has submitted documents to deed the property under the bond issue to ECA Properties, L.P. Under the provisions of Article XVII, Sections 17.1 and 17.2 of the Lease Agreement for the bond series, the Tenant, has the option, if all outstanding bonds have been paid, to purchase the facility from the City of Wichita for the sum of $100. The City received a check in the sum of $100 from ECA Properties, L.P. on April 30, 1998 representing the purchase price for the facility. The purchase price is $100 and other considerations as listed under the provision of the Lease Agreement to redeem and retire all outstanding bonds. This price includes without limitations, principal, interest, redemption premium, and all other expenses of redemption, and trustee fees, but after the deduction of any amounts described and provided for in the Lease Agreement and available for such redemption. The City is contractually bound to convey the IRB Project property to the Tenant by special warranty deed, once all the conditions established in the Lease have been met. Motion -- Gale moved that the Resolution be adopted and the documents be approved and the -- carried Mayor be authorized to sign. Motion carried 5 to 0. (Ferris, Knight; absent) RESOLUTION NO. R-98-167 A Resolution authorizing the City of Wichita, Kansas, to convey title to the improvements acquired and purchased with the proceeds of its industrial revenue bonds, Series III, 1985 (Epic Center, Inc.) to ECA Properties, L.P.; authorizing execution of a special warranty deed and termination and release of lease; and authorizing the execution of all such other documents necessary to convey title to such property to ECA Properties, L.P., presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Knight; absent) Yeas: Cole, Gale, Kamen, Lambke, Rogers. CHENEY RESERVOIR WATER CHENEY RESERVOIR WATER QUALITY REMEDIATION PLAN. (All Districts) Agenda Report No. 98-383. Cheney Reservoir is a vital component of the City's water supply system. In 1997, it provided approximately 60% of the City's water supply. In the early 1990s, the City started to experience periodic problems with taste and odor in water coming from the reservoir. In 1996, the Bureau of Reclamation and the U.S. Fish and Wildlife Service joined the City in performing an environmental survey of the Reservoir. The survey included water quality analysis and sampling, and analysis of sediments at the bottom of the reservoir, as well as the fish in the reservoir. A database which describes the quality of the reservoir was created from the environmental survey, but it did not offer any alternatives for improving the water quality. There were no taste and odor problems until 1990, twenty-five years after the reservoir was built. Staff believes that two key issues to improve water quality in the reservoir are: 1) clean up pollutants already in the reservoir and 2) reduce the amount of pollution entering the reservoir. In 1992, the City started working with the agricultural producers in the watershed above the reservoir to reduce nonpoint source pollution. That program received national recognition. Now there is a need for engineering services to evaluate the data collected in the environmental survey and to develop a remediation plan based on that information. Remediation techniques that may be used include bacterial controls, aeration, and the addition of chemicals. Staff recommends a two-step process for the remediation of Cheney Reservoir. First, experts from various engineering firms and local environmental experts would be invited to participate in a workshop using the City's IDEA Center to develop concepts for the plan. These experts would be given copies of the environmental study. By working together and sharing experiences, they could develop concepts and techniques that would be the most successful. If needed, the City may then select a firm to design the recommendations of the expert panel. This project is included in the City's approved 1998 CIP # W-548 at a budgeted amount of $300,000. Staff estimates that expenses for bringing "experts" for the workshop will be $25,000 or less. Motion -- Gale moved that the Workshop, Staff Screening and Selection Committee response solicitation to an RFP, and negotiation of a Contract be authorized. Motion -- carried carried 5 to 0. (Ferris, Knight; absent) BUS BARN SITE REMED SITE REMEDIATION - 777 WATERMAN STREET. (District VI) Agenda Report No. 98-384. Camp Dresser & McKee Inc. (CDM), Consulting Engineers for the Gilbert & Mosley Project, has prepared plans/specifications for the remediation of the proposed new transit facility located at 777 East Waterman. The site clean up will be bid separately from the new facility construction. The remediation project involves the clean up of about 700 tons of contaminated soils to provide a clean, buildable site for construction. This project is required for compliance with the Kansas Department of Health and Environment for the remediation of source areas within the Gilbert & Mosley site. The remediation must be completed prior to initiating construction and is critical to the construction schedule of the transit facility. The option being selected is to treat and dispose of the soil at a distant location. The source for funding this clean-up work will be the Transit Facility Budget. Federal restrictions may limit the use of the Federal share of this cost. A secondary source, if Federal regulations preclude the use of the FTA funding, will be the Gilbert-Mosley Tax Increment Budget. Motion -- Gale moved that the Site Remediation Project be approved and the -- carried bid process be authorized. Motion carried 5 to 0. (Ferris, Knight; absent) MAYORS SUMMIT THIRD SUMMIT OF MAYORS. Agenda Report No. 98-385. The First Summit of Mayors was held April 3, 1997, in San Nicolas de los Garza Monterrey, Mexico. This Summit resulted in an Agreement of Intention whereby Cities in Mexico, the United States and Canada pledged to work together to develop North-South trade opportunities and strategies. The Second Summit of Mayors was held in Kansas City on September 25-27, 1997, and built upon the framework established at the First Summit. The Third Summit of Mayors will be held in Winnipeg, Canada, May 27-28, 1988. The purpose of this Summit will be expand opportunities for Mayors representing the three countries to network, share ideas and strengthen trade and business opportunities within the North American International Trade Corridor. In addition to the day-long Mayors' forum, there will be a business forum whereby attending businesses will have the opportunity to address North-South transportation and trade capabilities and opportunities. The City of Wichita was one of the eight sponsoring cities for the Second Summit of Mayors and has been requested to participate as a sponsor for the Third Summit. Financial participation in the amount of $5,000 has been requested by the City of Winnipeg, Canada. Funds are available in the City's General Fund. Motion -- Gale moved that the City be authorized to sponsor the Third Summit of Mayors. -- carried Motion carried 5 to 0. (Ferris, Knight; absent) PROPERTY ACQUISITION ACQUISITION OF PORTION OF PROPERTY LOCATED AT 3305 WEST CENTRAL (TRACT #5) FOR THE CENTRAL AVENUE IMPROVEMENT PROJECT FROM WEST STREET TO MCLEAN BOULEVARD. (District IV) Agenda Report No. 98-386. The Central Avenue Improvement Project from West Street to McLean Boulevard, approved by City Council on September 17, 1996, requires the acquisition of fifteen partial tracts along Central Avenue. One of these tracts includes Tract #5 which is owned by Bruce W. Burditt. The property is more accurately described in the tract map and legal description. The subject tract contains approximately 112.50 square feet and will require the loss of the use of two parking spaces, but will not affect any improvement on the remaining property. Due to the small size of the taking, the value of the tract is minimal. Market studies of the area indicate a value of $4.00 per square foot or $450. An extra $410 has been added as compensation for the loss of parking space. The property owner has agreed to sell the property to the City for the total of $960. The 1996 Capital Improvement Program includes $50,000 to acquire the necessary right of way for the project along Central. The funding source is General Obligation Bonds. The budget of $1,210 includes $960 for the acquisition and $250 for closing costs. The prior approved budget was $37,230. The $1,210 would increase the total expenditures to date to $38,440. This is the eleventh property acquisition for the project, leaving four properties to be acquired through negotiations or eminent domain. Motion -- Gale moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. CONSULTANT AGREEMENT SUPPLEMENTAL AGREEMENT FOR PROFESSIONAL SERVICES (LEGAL) - GILBERT AND MOSLEY. Agenda Report No. 98-387. The City entered into a professional services agreement on November 20, 1990, and subsequent supplemental agreements with Stinson, Mag & Fizzell to provide legal advice on environmental matters relating to the investigation and clean-up of groundwater contamination in the Gilbert & Mosley Site. That firm, and particularly David R. Tripp, assisted staff and Council on a number of elements on the project and continues to provide advice and legal representation as needed as the project is being implemented. The contractual limit under the existing contracts has been passed and new authority is needed. This seventh supplemental agreement provides additional authority to continue to use the services of Stinson, Mag & Fizzell on an as- needed basis for particular legal and environmental issues. This agreement also provides for a litigation team headed by Robert L. Driscoll to handle litigation with recalcitrant responsible parties when that becomes necessary. This supplemental agreement provides authority for an additional $250,000 in legal services. This item is included in the Gilbert & Mosley TIF budget at $150,000. The $100,000 increase in cost will be included in the revisions to the 1998 Budget Motion -- Gale moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to execute. Motion carried 5 to 0. (Ferris, Knight; absent) KEEN CUTTER HOTEL KEEN KUTTER BUILDING - DEVELOPMENT OF HOTEL AT OLD TOWN. (Item No. 25) Motion -- carried Rogers moved that this Item be stricken. Motion carried 5 to 0. (Ferris, Knight; absent) COMMUNITY SERVICE KANSAS COMMUNITY SERVICE PROGRAM ACT APPLICATIONS - BREAKTHROUGH CLUB. Agenda Report No. 98-389. The Breakthrough Club is dedicated to helping people with mental illness become independent, productive citizens of the community. This is provided through advocacy programs in the areas of: education, job training, employment, housing, transportation, and wellness. Closure of state hospitals and deinstitutionalization of care for the mentally ill has placed a greater demand on the programs offered by the Breakthrough Club. Membership in the Club has been consistently growing and continued growth is expected in the future. To address this increased demand, the Breakthrough Club will embark on a capital campaign to raise funds to renovate their current clubhouse, purchase and renovate the Transitional Age Program facility on South Edgemoor, purchase equipment, furnishings and a 14 passenger van, and increase its endowment fund to provide for program maintenance in the future. The total capital campaign is estimated at $575,000. The Kansas Department of Commerce and Housing administers the Kansas Community Service Program Act, initiated July 1, 1994. This Act authorizes tax credits for cash contributions made to approved nonprofit organizations by business firms, financial institutions, and insurance companies. The State of Kansas has a total of $5 million in tax credits, per fiscal year, for eligible projects. A requirement of this program is that the local government must endorse this project and must affirm that the proposed activity does not conflict with existing plans and ordinances of the community. There are no Financial Considerations to the City of Wichita. Motion -- Gale moved the Application be endorsed and the Mayor be authorized to sign the -- carried Local Government Form. Motion carried 5 to 0. (Ferris, Knight; absent) COMMUNITY SERVICE KANSAS COMMUNITY SERVICE PROGRAM ACT APPLICATIONS - FRIENDS UNIVERSITY. Agenda Report No. 98-390. On July 1, 1994, the State of Kansas initiated the Kansas Community Service Program Act. The Act authorizes tax credits (from state income tax) for cash contributions made to approved non profit organizations by private business firms, financial institutions and insurance companies . The State of Kansas has authorized a total of $5 million in tax credits per fiscal year, for eligible projects. Eligible contributors receive a credit equal to 50% of the amount contributed. Friends University is submitting an application to the Kansas Department of Commerce and Housing for the Kansas Community Service Act. The application requires the local government endorse the project and affirm the proposed project does not conflict with any local plans or ordinances. Friends University's proposed project is to build a new building on the campus to serve as the permanent facility for the Center on Family Living and Master of Science Family Therapy degree program. These programs provide family life education and direct counseling services for needy individuals, couples and families throughout Wichita and the surrounding area. The proposed application has no impact on City finances and does not require any City financial participation. Motion -- Gale moved the Application be endorsed and the Mayor be authorized to sign the -- carried Local Government Form. Motion carried 5 to 0. (Ferris, Knight; absent) ADDENDUM ITEM 26C COMMUNITY SERVICE KANSAS COMMUNITY SERVICE PROGRAM ACT APPLICATION-BIG BROTHERS & SISTERS. Agenda Report No. 98-400. On July 1, 1994, the State of Kansas initiated the Kansas Community Service Program Act. The Act authorizes tax credits (from state income tax) for cash contributions made to approved non profit organizations by private business firms, financial institutions and insurance companies. The State of Kansas has authorized a total of $5 million in tax credits per fiscal year, for eligible projects. Eligible contributors receive a credit equal to 50% of the amount contributed. Big Brothers & Sisters is submitting an application to the Kansas Department of Commerce and Housing for the Kansas Community Service Act. The application requires the local government endorse the project and affirm the proposed project does not conflict with any local plans or ordinances. Big Brothers & Sisters proposes to fund a television volunteer recruitment campaign to help meet the goal of having 1,000 children matched with a Big Brother or Sister by the year 2000. Utilizing the electronic media to interest individuals in becoming a Big Brother or Sister is the most efficient method available. The proposed application does not conflict with any local plans, zoning or land use requirements. Motion -- Gale moved the Application be endorsed and the Mayor be authorized to sign the -- carried Local Government Form. Motion carried 5 to 0. (Ferris, Knight; absent) HEALTH DEPT BOILER HEALTH DEPARTMENT BOILER REPLACEMENT. Agenda Report No. 98-391. The boiler at the main Health facility on East Ninth is more than forty years old and has become increasingly difficult and expensive to maintain. significant internal erosion has been revealed through inspections. In addition to boiler replacement, asbestos removal in the boiler room, modifications to the piping and pumps, and upgrading of the boiler controls is also necessary. Estimated cost of the project is $100,000. As a joint department (funded 60 percent by the City and 40 percent by the County), the City's share of the cost will be $60,000. Funding will be from General Fund appropriated reserves. Motion -- Gale moved boiler replacement be approved and the transfer of funds authorized. -- carried Motion carried 5 to 0. (Ferris, Knight; absent) SUCCESSION TO MAYOR RESOLUTION OF SUCCESSION TO THE MAYOR. Motion -- carried Gale moved the Resolution be adopted. Motion carried 5 to 0. (Ferris, Knight; absent) RESOLUTION NO. R-98-168 A Resolution establishing the order of succession as Mayor in the City of Wichita, Kansas, in the absence from the City of the Mayor and the Vice Mayor, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Ferris, Knight; absent) Yeas: Cole, Gale, Kamen, Lambke, Rogers. ORDINANCES SECOND READING ORDINANCES. (First Read April 28, 1998) a. A 98-1 - Request to Annex Properties Located Between Greenwich Road and 127th Street East on the North and South Sides of Central. (District II) ORDINANCE NO. 43-876 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. Gale moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Ferris, Knight; absent) Yeas: Cole, Gale, Kamen, Lambke, Rogers. A 98-1 ORDINANCE NO. 43-877 b. 1998 Traffic Signalization Program (Phase II). (District IV) An Ordinance authorizing traffic signal installation at the 31st Street South/West Street intersection; declaring the necessity of and authorizing certain improvements; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Gale moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Ferris, Knight; absent) Yeas: Cole, Gale, Kamen, Lambke, Rogers. FIRST READING ORDINANCES. Motion -- Gale moved that the following Ordinances be placed on first reading. Motion -- carried carried 5 to 0. (Ferris, Knight; absent) ORDINANCE An Ordinance making a special assessment to pay the cost of unpaid sewer service charges and/or water service charges in the City of Wichita, Kansas, introduced and under the rules laid over. ORDINANCE An Ordinance making a special assessment to pay for the improvement of and providing a tax levy for the cost of construction of sidewalks in the City of Wichita, Kansas, introduced and under the rules laid over. Council Member Ferris; present. PLANNING AGENDA Marvin Krout Director of Planning stated that all Items could be considered as consensus Items unless the Council desired to withhold Items. Motion -- Kamen moved that Planning Agenda Items be approved as consensus Items. Motion -- carried carried 6 to 0. (Knight; absent) D-1728 D-1728 - DEDICATION OF UTILITY EASEMENT LOCATED EAST SIDE OF AMIDON, NORTH OF 27TH STREET NORTH. (District VI) Agenda Report No. 98-392. MAPC Recommendation: Accept the dedication. As a requirement of an approved Lot Split (L/S-0967), City Engineering required this 10 foot easement to cover an existing sanitary sewer. This dedication has been reviewed and approved by the Planning Commission. Motion -- Kamen moved that the Document be received and filed and recorded with the -- carried Register of Deeds. Motion carried 6 to 0. (Knight absent) D-1729 D-1729 - DEDICATION OF UTILITY EASEMENT LOCATED EAST SIDE OF AMIDON, NORTH OF 27TH STREET NORTH. (District VI) Agenda Report No. 98-393. MAPC Recommendation: Accept the dedication. As a requirement of an approved Lot Split (L/S-0967), City Engineering required this five-foot easement to bring the total easement to the 10 foot standard. This dedication has been reviewed and approved by the Planning Commission. Motion -- Kamen moved that the Document be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 6 to 0. (Knight absent) D-1730 D-1730 - DEDICATION OF STREET RIGHT-OF-WAY LOCATED EAST OF AMIDON, NORTH OF 27TH STREET NORTH. (District VI) Agenda Report No. 98-394. As a requirement of an approved Lot Split (L/S-0967), 10- foot of additional right-of-way along Coolidge Avenue was dedicated to meet the 30-foot standard for half of the street right-of-way. This dedication has been reviewed and approved by the Planning Commission. Motion -- Kamen moved that the Document be received and filed and recorded with the -- carried Register of Deeds. Motion carried 6 to 0. (Knight absent) S/D 97-57 S/D 97-57 - PLAT OF OTTAWAY SECOND ADDITION LOCATED ON THE EAST SIDE OF WEST STREET, NORTH OF 2ND STREET. (District IV) Agenda Report No. 98-395. MAPC Recommendation: Approve the plat. (12-0) Staff Recommendation: Approve the plat. Certificate of Petition, Notice of Protective Overlay, Joint Access Easement and Private Sewer Easement A zone change (Z-3217) allowing GO, General Office has been approved for the easterly portion of Lot 1 subject to replatting. Lot 1 is also subject to a Protective Overlay (P-O #12) established by Z-3217, which addresses location of buildings, height of building structures, access, lighting, and uses for this site. The applicant has submitted a Notice of Protective Overlay identifying the approved Protective Overlay. This 2-lot site is currently served by City water and sanitary sewer. A petition, 100%, has been submitted for sanitary sewer improvements. A Certificate of Petition has also been submitted. A joint access easement was provided to allow for shared access between the lots. A private sewer easement was provided to allow for a sanitary sewer service line across Lot 2 for the benefit of Lot 1. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Notice of Protective Overlay for Lot 1, Ottaway Second Addition, from Herbert and Martha Ottaway; Private Sewer Easement for Lots 1 and 2, Ottaway Second Addition, from Herbert and Martha Ottaway; Grant of Joint Access Easement for Lots 1 and 2, Ottaway Second Addition, from Herbert and Martha Ottaway; and Certificate of Petition for Sanitary Sewer Improvements from Herbert and Martha Ottaway. 100 Percent Petition for construction of Lateral 14, Main 7, Sanitary Sewer #22 (east of West Street, North of Second Street). Project No. 468-82835 ($22,000 S.A.) 100 Percent Petition for construction of Lateral 14, Main 7, Sanitary Sewer No. 22 (east of West Street, north of 2nd) Project No. 468- 82835 ($22,000 S.A.) Motion -- Kamen moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign and the associated zone change Z-3217 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has been recorded with the -- carried Register of Deeds. Motion carried 6 to 0. (Knight absent) RESOLUTION NO. R-98-171 Resolution of findings of advisability and Resolution authorizing construction of Lateral 14, Main 7, Sanitary Sewer #22 (east of West Street, North of Second Street) Project No. 468-82835 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. 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-3217. S/D 97-97 S/D 97-97 - PLAT OF OAK KNOLL INDUSTRIAL PARK SECOND ADDITION LOCATED ON THE EAST SIDE OF ROCK ROAD, SOUTH OF PAWNEE. (District II) Agenda Report No. 98-396. MAPC Recommendation: Approve the plat. (13 to 0) Staff Recommendation: Approve the plat. This site consists of three (3) lots zoned LI, Light Industrial which will utilize City water and sanitary sewer. A petition, 100%, has been submitted for paving and water improvements. The petition included the closure of a driveway now being located in an area platted with complete access control. A Certificate of Petitions has also been submitted. The site is within the noise impact area of McConnell Air Force Base and an avigational easement and restrictive noise covenant were required. A joint access agreement has been submitted to provide joint ingress and egress to Rock Road and Eastmoor Circle from all three lots. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petitions, Restrictive Covenants, Avigational easement and Joint Access Agreement for portions of property commencing at NW corner Lot 2, Lot 1 and Lot 3, Block 1, Oak Knoll Industrial Park Second Addition (metes and bounds) from Carl Chuzy Living Trust by Carl Chuzy. 100 Percent Petition for construction of Water Distribution System No. 448-89263 (east of Rock, south of Pawnee) ($31,000 S.A.) 100 Percent Petition authorizing improving of cul-de-sac at the south end of Eastmoor Circle, Project No. 472-89245 ($66,450 S.A.) Motion -- Kamen moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Knight absent) RESOLUTION NO. R-98-172 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-89263 (east of Rock, south of Pawnee), in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. RESOLUTION NO. R-98-173 Resolution of findings of advisability and Resolution authorizing improving of cul-de-sac at the south end of Eastmoor Circle, Project No. 472-89245, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. S/D 98-5 S/D 98-5 - PLAT OF HANLEY SECOND ADDITION LOCATED EAST SIDE OF WEBB ROAD, SOUTH SIDE OF 21ST STREET NORTH. (District II) Agenda Report No. 98-397. MAPC Recommendation: Approve the plat. (9 -0) Staff Recommendation: Approve the plat. This replat, governed by a residential CUP (DP-154 Amendment 2), vacates a street previously platted through the site and includes a street connection to 19th Street North. Petitions, 100%, have been submitted for sanitary sewer improvements, water and paving improvements A Certificate of Petition has also been submitted. The site is within the noise impact area of McConnell Air Force Base and an avigational easement and restrictive covenant were required. In order to provide for the ownership and maintenance of the reserves, the applicant has submitted a restrictive covenant. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificates of Petition, Restrictive Covenants and Avigational Easement from Fred and Sandra Hanley. 100 Percent Petition authorizing construction of Water Distribution System No. 448-89261 (south of 21st Street, East of Webb) ($8,235 S.A) 100 Percent Petition authorizing construction of Water Distribution System No. 448-89262 (south of 21st Street, east of Webb) ($22,720 S.A.) 100 Percent Petition authorizing construction of Lateral 32, Main 24, War Industries Sewer (south of 21st Street, east of Webb), Project No. 468-82837 ($30,915 S.A.) 100 Percent Petition authorizing improving of 19th Street from the west line of Boyd to the east line of Boyd; Boyd from the north line of 19th Street to the south line of Lot 3, Project No. 472-89242 ($44,550) 100 Percent Petition authorizing improving of an eastbound deceleration lane on the south side of 21st Street from a point 820 feet east of centerline of Webb Road to a point 1200 feet east of centerline of Webb Road (south of 21st Street, east of Webb, Project No. 472-89243 ($50,490 S.A.) 100 Percent Petition authorizing improving of a northbound accel/decel on the east side of Webb Road from a point 1050 feet south of the centerline of 21st Street to a point 630 feet south of centerline of 21st Street (south of 21st Street, East of Webb Road, Project No. 472-89244 ($76,000 S.A.) Motion -- Kamen moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Knight absent) RESOLUTION NO. R-98-174 Resolution of findings of advisability and Resolution authorizing authorizing construction of Water Distribution System No. 448-89261 (south of 21st Street, East 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. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. RESOLUTION NO. R-98-175 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-89262 (south of 21st Street, east 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. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. RESOLUTION NO. R-98-176 Resolution of findings of advisability and Resolution authorizing construction of Lateral 32, Main 24, War Industries Sewer (south of 21st Street, east of Webb), Project No. 468-82837,in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. RESOLUTION NO. R-98-177 Resolution of findings of advisability and Resolution authorizing 19th Street from the west line of Boyd to the east line of Boyd; Boyd from the north line of 19th Street to the south line of Lot 3, Project No. 472- 89242, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. RESOLUTION NO. R-98-178 Resolution of findings of advisability and Resolution authorizing improving of an eastbound deceleration lane on the south side of 21st Street from a point 820 feet east of centerline of Webb Road to a point 1200 feet east of centerline of Webb Road (south of 21st Street, east of Webb Road), Project No. 472-89243, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. RESOLUTION NO. R-98-179 Resolution of findings of advisability and Resolution authorizing improving of a northbound accel/decel on the east side of Webb Road from a point 1050 feet south of the centerline of 21st Street to a point 630 feet south of centerline of 21st Street (south of 21st Street, East of Webb Road), Project No. 472-89244 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. A 98-9 A 98-9 - ESTABLISHING FUTURE PUBLIC HEARING ON THE ANNEXATION OF ELIGIBLE PROPERTIES GENERALLY LOCATED SOUTH AND EAST OF THE INTERSECTION OF HARRY STREET AND WEBB ROAD. Agenda Report No. 98-398. The resolution expresses an interest in annexing certain eligible properties to the City of Wichita and establishes a future public hearing date of July 7, 1998 for consideration of the same. The area proposed for annexation is a small enclave of properties in Sedgwick County that are entirely surrounded by land in the City limits, at the southeast corner of Harry Street and Webb Road. This property contains the Webb Road Addition located at the intersection, several unplatted tracts located further to the east and southeast, and about 600 feet of the Harry Street right-of-way. In its entirety, this annexation area contains approximately 10.62 acres comprised of 6 properties. The western portion of this property is zoned "LC" Limited Commercial and is developed with a restaurant, convenience store, vehicle service center, carwash, and auto parts store. The balance of the area to the east and southeast is zoned "SF-20" Single Family Residential, which will convert to "SF-6" Single Family Residential upon annexation. If the City Council desires to proceed with this annexation, the Council should adopt the resolution establishing the hearing date. If the resolution is adopted, notification of the adoption of this resolution will be sent to those property owners involved. Such notification is required by State law. In the event the future hearing date is established, a plan for extension of municipal services to the area will be placed on file in the City Clerk's Office. The Service Extension Plan outlines the City's intentions to provide major municipal services to the area. The total appraised value of the land and improvements in this parcel is $1,903,830, and the resulting annual City Ad Valorem tax revenue will be approximately $14,438. Major municipal services to be provided to this area upon annexation are water service, street maintenance, ditch cleaning, culvert cleaning, fire protection, police protection, building code enforcement, and health code enforcement. The cost of municipal services to be provided upon annexation will be funded by the operating departments currently delivering these services. Motion -- Kamen moved that the Service Extension Plan be approved and the Resolution setting a public hearing for July 7, 1998, at 3:30 p.m. at the East Police -- carried Substation, 350 S. Edgemoor be adopted. Motion carried 6 to 0. (Knight absent) RESOLUTION NO. R-98-180 A Resolution declaring an interest in, and establishing a public hearing date for considering the unilateral annexation of the Webb Road Addition and two tracts of ground lying southeast of Harry Street and Webb Road to the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. A 98-14 A 98-14 - REQUEST TO ANNEX PROPERTY GENERALLY LOCATED SOUTH OF K-42 HIGHWAY, SOUTH OF WICHITA MID-CONTINENT AIRPORT. (District V) Agenda Report No. 98-399. This property lies south of K-42 Highway, south of the Wichita Mid-Continent Airport. Mr. Bell requests annexation of approximately 306 acres of undeveloped land in order to bring most properties owned by the Wichita Airport Authority within the boundaries of the City of Wichita. The annexation of the property would accommodate future growth of the airport and its related uses. The proposed annexation site is comprised of eleven parcels of land that are contiguous. Three of the eleven parcels (tract #94 of Block 1 and tracts #96 and #97 of Block 3) are part of the subdivision Valley View Addition, recorded by the Register of Deeds on May 10, 1955. The site is bordered on the north by K-42 Highway, which serves as the current City boundary . This annexation would result in a residential subdivision being surrounded by the city on three sides. The west line of this property abuts the Mid Continent Industrial Park Addition. The City Council will be holding a public hearing on the afternoon of May 5, 1998 on the possible annexation of this addition as well as several unplatted tracts north of K-42 and west of the airport property (see map). Most of the site is undeveloped and zoned "SF-20". The land to the north in the City is zoned "SF-6" Single Family, "LC" Limited Commercial and "LI" Limited Industrial. The land to the south, not yet incorporated, is zoned "SF-20" Single Family and "RR" Rural Resident District. The land to the east is zoned "SF-20" Single Family and "RR" Rural Resident. The land to the west is also zoned "SF-20" Single Family. The general character of surrounding area is mostly undeveloped land and encompasses a small county plat (Valley View Addition), occupying the south end of the two major runways of the Wichita Mid-Continent Airport. The City Engineer's office indicates that there are no existing water or sewer services available to the proposed site at this time. Tyler Road, a two-lane improved section line road, intersects the property proposed to be annexed and serves as the only access to K-42 Highway. Current traffic counts for the section of Tyler Road south of K-42 Highway are 908 average daily trips (ADT). Current traffic counts for the section of K-42 Highway that adjoins the proposed site to be annexed are between 8,786 and 9,304 average daily trips (ADT). Although traffic counts for Tyler Road south of K-42 Highway have not been projected, traffic counts for the section of K-42 north of the proposed site have been projected to increase to 11,600 to 12,000 average daily trips (ADT) by the year 2020. The Wichita Fire Department can serve this site with a seven (7) minute approximate response time from Station #13 located at 1702 S. West. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department, headquartered at 661 North Elder (Elder and West Central). Pawnee Prairie Park is located approximately 1.5 miles to the northeast of property. The property is located in Unified School District 261 (Haysville School District). Annexation will not change the school district. This property is located outside of the urban growth area of the City of Wichita as shown in the Comprehensive Plan for the metropolitan area, and is also located outside of the Policy 32 urban service area. The property proposed for annexation is exempt from property tax obligation and therefore will not produce any immediate tax revenue for the City of Wichita. The annexation will not be bringing in any existing development nor any additional population or structures. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A 98-14 EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to potential litigation, legal advice, and contract negotiations; and the acquisition of real property for public purposes; and the regular meeting be resumed at 11:00 a.m. in the City Council Chambers. Motion -- carried carried 6 to 0. (Knight absent) RECESS Council recessed at 9:48 a.m. and reconvened in regular session at 11:12 a.m. Council Member Cole and Mayor Knight absent. Vice Mayor Gale Vice Mayor Gale announced that no action was necessary as a result of the executive session. (The Council returned to Item No. 1 with action shown under New Business. Following Item No. 1, the Council returned to Executive Session.) EXECUTIVE SESSION Motion -- Gale moved that the Council recess to executive session to consider preliminary discussions relating to the acquisition of real property for public purposes, and the regular meeting be resumed at 12:00 p.m. in the City Council Chambers. -- carried Motion carried 5 to 0. (Cole, Knight; absent) RECESS Council recessed at 11:45 p.m. and reconvened in regular session at 12:20 p.m. Vice Mayor Gale Vice Mayor Gale announced that no action was necessary as a result of the executive session. RECESS The City Council recessed at 12:20 p.m. and reconvened in regular session at the Wichita Airport Authority Board Room, 2173 Air Cargo Road, at 2:02 p.m. Council Members Cole, Rogers, and Mayor Knight absent. A 98-7 A 98-7 - ANNEXATION OF PROPERTIES LOCATED NORTH AND EAST OF THE INTERSECTION OF MacArthur ROAD AND MAIZE ROAD. Marvin Krout Director of Planning reviewed the item. Agenda Report No. 98-376. On March 3, 1998 the City Council adopted a resolution that established May 5, 1998 at 2:00 p.m. at the Wichita Airport Authority Board Room, 2173 Air Cargo Road, Wichita, Kansas as the time and place for a public hearing on the question of annexing certain, eligible properties generally located north and east of the intersection of MacArthur Road and Maize Road. The land considered for annexation is Mid-Continent Industrial Park I and II Additions together with two separate unplatted tracts of ground north of Highway K-42. An informational meeting on the proposed annexation was held on April 21, 1998 at the Wichita Airport Authority Board Room. About five residents from north of K-42, three business owners from the industrial park, and the owner of the remaining undeveloped land in the industrial park attended the meeting. At the meeting, the property owners reacted to the proposed annexation as "premature" and stated that the City will not immediately offer substantially increased levels of service, such as water and sewer service. Another property owner, who did not attend the informational meeting, previously expressed concern that the annexation would lead to their property being included in a benefit district and that they would be assessed a part of the cost of extending water and sewer service to the industrial property located north of K-42. This property owner believes they should only be assessed the cost of extending water and sewer service across K-42 when, and if, they petition for water and/or sewer service to be provided to the industrial park. The other property owners at the informational meeting concurred with this position. In accordance with state statutes, a Service Extension Plan was prepared for this unilateral annexation. The plan describes the means by which City services will be extended to the area. Map No. 2 in this plan indicates the properties proposed for annexation. This annexation, in conjunction with the requested annexation of land owned by the Airport Authority to the east, helps to simplify the boundaries of Wichita in this area and provides for the annexation of land in the path of reasonable and expected expansion of the City to the south. In the future, several other properties (some of which have signed annexation petitions on file) in the area between Tyler Road, MacArthur Road and the current City limits will be proposed for annexation. The total appraised value of the land and improvements in this parcel is $8,081,650. Due to tax abatements granted by other local units of government in Sedgwick County that applicable to all local taxes, the initial annual City Ad Valorem tax revenue will be approximately $31,772. Major municipal services to be provided to this area upon annexation are street maintenance, ditch cleaning, culvert cleaning, fire protection, police protection, building code enforcement, and health code enforcement. The cost of municipal services to be provided upon annexation will be funded by the operating departments currently delivering these services. Major municipal services that may be provided to this area upon request by the property owners are local street improvements, water service, and sewer service. The cost of municipal services requested by the property owners will be distributed among the City at large and the benefiting property owners according to current City policies. The Service Extension Plan has been on file for public inspection in the Office of the City Clerk. Copies of the resolution establishing the public hearing, together with a map showing the properties affected and a notice of the public hearing, were sent by certified mail to all property owners of record in the proposed annexation area and to other established governmental entities and utility services. Copies of the resolution and map have also been published in the official City newspaper as further notification of the scheduled public hearing. The Metropolitan Area Planning Commission reviewed the proposed annexation for compatibility with the adopted elements of the Comprehensive Plan on April 16, 1997. The staff report presented at this MAPC meeting indicates that the proposed annexation is in conformance with the Comprehensive Plan. The MAPC found that the proposed annexation is in conformance with the Comprehensive Plan by a vote of six in favor, four against, and one abstention. In conducting the public hearing, State statutes require that the City's plan for extending major municipal services be presented and that all persons interested in the annexation be heard. After hearing all comments of the persons interested, the City Council has the option of continuing or closing the public hearing, and approving or rejecting the annexation proposal. Vice Mayor Gale Vice Mayor Gale inquired if anyone wished to be heard. Jeff Ray Jeff Ray, Executive Director of IFR Americas, Inc., said a petition had been signed by 12 property owners in the area who are against the annexation. The petition was previously presented to the Mayor. Mr. Ray said the Company was started in the City of Wichita but built outside the City in 1989 because the City was not responsive, and he did not see any changes. Chris Moore Chris Moore, Express, Inc., said he had also signed the petition in opposition to annexation. Mr. Moore said his company had moved outside the City of Wichita about two and one-half years ago and that he could see no benefit to being annexed. The existing services are adequate and additional taxes are unwanted. Roland Eakins Roland Eakins said he had been considering adding on to his building but he may not do it if the taxes are going to go up. He would not be able to see a return on his investment. Mr. Eakins said he had also signed the petition in opposition to annexation. Spencer Tepe Spencer Tepe, Universal Avionics, said taxes would increase if they were annexed. New construction is contemplated in several places but there may be an adverse result if taxes are increased. Mr. Tepe spoke against the annexation. Duane Earles Duane Earles said he had lived on his property for thirty-five years and he was also against annexation. Mr. Earles said all problems are caused by a lack of communications and that government should talk to the people and not just send letters. When Tyler Road was to be done, letters dated October 4, 1994, and November 7, 1994, were received from the MAPC which stated that there would be double rows of screening trees in place in two or three places before the road was constructed. The trees were not put in but Tyler Road was finished. Marvin Krout Marvin Krout explained that there was a definite condition of screening but, for various reasons, the Dugan plat was not completed and the City has not yet accepted or approved the restrictive covenants or approved the zoning. Before these items are approved by the City, the City has the ability to require that the screening trees be in place. Mark Bauer Mark Bauer said all of the neighbors on the north side of K-42 disagree with the annexation. The improvements do not affect them and the only thing they might benefit from in the future is sewer. Ken Bender Ken Bender, Custom Cupboards, said he could see no benefit from annexation. His business must compete with subsidizes companies. He moved to the industrial park because of costs, assessments, and fees. He has an option on the property south of his present location and plans to expand, but the annexation may make his business less competitive. Mr. Bender asked that the Council reconsider annexation. Bill Johnson Bill Johnson, property owner at York and Norman, said he was told the annexation was to square up the area but the map does not show a squared-up area. Mr. Johnson said he could see no benefit except increased taxes. Phil Walker Phil Walker said he chose property in the County. The water and sewer systems in use are okay and he could see no benefit of annexation. Betty Evans Betty Evans, area developer, said the Council needs to look at why the businesses came to the Industrial Park, and to listen to the people. The quality of water in the Industrial park is not bad. Ms. Evans spoke in opposition to the annexation. Mike Lindebak City Engineer explained that when water is wanted in the annexed area, the owners would only pay for the cost of an 8" water line, not the cost of the larger lines. Council Member Ferris Council Member Ferris said the taxes will be slightly higher but the amount is known. This area is presently receiving benefits and services it is not paying for, including fire protection through the First Response Agreement, and police protection through assistance to the County Sheriff's Department. The City, County, and MAPC voted for the growth path, services are already being provided, and the major issues stated (including the tree issue) can be addressed. Council Member Kamen Council Member Kamen said services from the City, including Kellogg, area great. There are many benefits for being in the City of Wichita and the difference is small with regard to taxes. Council Member Cole present. Council Member Lambke Council Member Lambke said he had a problem with the speakers' lack of trust of government and that he might vote for the annexation next week but could not today. Chris Moore Chris Moore said he was not concerned with fire protection because most businesses have sprinklers; however, he was concerned regarding the police protection available. This area is a long way from any area patrolled on a 24- hour basis. Jeff Ray Jeff Ray said he feared Dugan would not do his part and he did not see how the change from County to City residence would make any difference. Mike Watson Police Chief said all police beats are being realigned. Where this area now has one Sheriff's Officer, there will be fifteen police officers. The County has five patrol officers for the whole county at night and the Police Department has ten times that amount. Roland Eakins Roland Eakins said they have been told things and need assurance that things won't change. Council Member Kamen Council Member Kamen said the people control who is in elected office. Council Member Ferris Council Member Ferris explained that there cannot be pocket areas encircled by the City with City providing services without compensation. Ms. Seeley Ms. Seeley said she could see no advantage to being annexed. Loren Johnson Loren Johnson said he has always had County fire response when needed. Motion -- Ferris moved that the public hearing be closed; the annexation request be -- carried approved and the Ordinance be placed on first reading. Motion carried 4 to 1. Lambke - No. (Rogers, Knight; absent) ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A-98-7 ADJOURNMENT The City Council meeting adjourned at 3:30 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 166 MAY 5, 1998 Page 1