MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, July 7, 1998 Tuesday, 9:03 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Lambke, Rogers; present. *Council Members Ferris, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Becky Botkin, Chaplain, VA Hospital. 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 June 23, 1998, and June 24, 1998, and -- approved the En Banc meeting of June 24, 1998, were approved 6 to 0. (Rogers absent) AWARDS AND PRESENTATIONS SERVICE CITATIONS Mayor Knight presented Distinguished Service Citations to those present. Distinguished Service Citations PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. Proclamations *Council Member Kamen present. PUBLIC AGENDA Comments by Tom Bishop, Mennonite Housing Rehabilitation Services *Council Member Ferris present. Tom Bishop Tom Bishop, Mennonite Housing Rehabilitation Services (MHRS), spoke regarding the MHRS application for CHDO HOME grant funds. Mr. Bishop said the RFP for CHDO HOME funds did not have any geographic targeting. The MHRS application contained references to the subject tract of land at University and Maybelle. City Council approved the project on March 19, 1998, for $117,200 in grant funds; and MHRS has contracted to have the site platted, site improvements installed, and arranged for the financing for site Improvements. Commerce Bank has loaned MHRS funds for the costs to date and has approved the letters of credit for the site improvements. MHRS has since been told that the HOME contract cannot be used with the land at University and Maybelle as the HOME required match, because it does not meet the City Council’s targeting requirements. Mr. Bishop requested reconsideration of the MHRS use of CHDO HOME grant funds for the property at University and Maybelle. Mayor Knight Mayor Knight asked that this matter be returned on the regular Agenda in two weeks. UNFINISHED BUSINESS TOUGH MAN CONTESTS. TOUGH MAN CONTESTS. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-336 A (Rev.) On April 21, 1998, the City Council considered a proposed Ordinance to ban Tough Man Contests in the City of Wichita. This ordinance came as a result of a recommendation from the Board of Health that such events be prohibited within the City. The City Council referred the matter back to the Board of Health with the request “for further investigation of the possibility of more restrictions...” as opposed to a complete ban of the events. Acting upon the request of the City Council, the Board of health conducted a public hearing on May 28, 1998. As a result of the public hearing and written comments received, the Board of Health reaffirmed its position that Tough Man Contests be banned in the City of Wichita. The Board did not address what restrictions, if any, should be placed on such Tough Man events, but rather, voted unanimously to advise the Council that “the Board felt that ‘tough man contests’ be banned as originally recommended.” The Board in its discussions indicated that there was no health or promotional benefit to the City. In early March 1998, following an injury connected with a “Tough Man Contest,” Staff, the Board of Health and the Park Board were requested to review the regulations involving “Tough Man Contests” and determine whether such events should be abolished within the City of Wichita. The Board of Health considered the matter at its March and April, 1998 meetings, soliciting input from its Public Health Committee as well as the USD 259 Athletic Director/members of the Wichita Sports Committee and the Medical Society of Sedgwick County. In addition, Century II Staff provided information regarding the event. The Public Health Committee concluded that the current Ordinance pertaining to licensing requirements for participants in boxing and related athletic events did not appear to be well managed or enforced to assure the health and safety of participants in tough man contests; and that inasmuch that one of the attractions of these events is the participation of untrained boxers who may not have the physical conditioning and skills to participate, nor the ability to protect themselves from injury, was further reasons to prohibit such events. The Committee, therefore, recommended to the Board of Health that tough man contests be banned. On June 11, 1998 acting upon the recommendation of its subcommittee, the Board reaffirmed it positions that tough man contests be banned. During the review process, the medical Society of Sedgwick County was contacted for its opinion. The Society was of the opinion that these types of contests should be forbidden, due to the majority of participant being inadequately trained and subject to needless injury, disability and death. The Medical group further requested that reference to the use of their organization as medical advisor be removed from the existing ordinance. The Board of Health also asked that any revised ordinance exclude the Director of community Health as medical advisor to the Wichita Athletic Commission. Mayor Knight Mayor Knight inquired whether anyone wished to speak. Greg Gorrell Greg Gorrell said there is much information about the Tough Man Contests. The perception in Wichita about Tough Man Contests is poor and some of the most vocal critics have never even viewed a match. There have been 1,000 contestants who have taken part in tournaments and there has only been one injury. Making a more restrictive ordinance would be over-reacting to misinformation. Regarding the Health Department’s research, Mr. Gorrell said the New York restrictions that were recently enacted were not on health; rather, the restrictions were to require participants to throw three kicks per round. Council Member Ferris Council Member Ferris stated that the difference between Tough Man Contests and amateur boxing was only that amateur boxers might be in better condition. Motion -- Ferris moved that the Report be received and filed; and that Staff return an item for consideration in the next thirty to 60 days on how to reconfigure the Athletic Commission to provide better oversight on these kinds of events. Council Member Ferris Council Member Ferris said the Commission might be expanded from three members to five members. Amendment -- Ferris, with consent of the second, amended the motion to add that no Tough Man Contests be held in Wichita until changes have been made to the Athletic Commission. Council Member Cole Council Member Cole said her support for Tough Man Contests would depend on who was on the Athletic Commission. -- carried Motion, as amended, carried 6 to 1. Knight - No. Mayor Knight Mayor Knight explained that he does not agree with the whole question of Tough Man Contests because of the signals the contests send to the community. Mayor Knight said he is not interested in being a voice for a more brutalizing society. Council Member Rogers left the Bench. NEW BUSINESS REFUND OF 1993 BONDS REFUNDING OF 1993 WATER AND SEWER REVENUE BONDS. Ray Trail Finance Director reviewed the Item. Agenda Report No. 98-578. In January 1993, the City Council approved the issuance of $76,320,000 Water and Sewer Utility Refunding and Improvement Revenue Bonds, Series A and B, 1993. The Series A, 1993 Bonds, in the amount of $26,455,000, were issued to advance refund a portion of the then outstanding Water and Sewer revenue bonds. The Series B, 1993 Bonds, in the amount of $49,865,000, were issued to redeem the balance of the outstanding bonds and provide new money to fund current capital improvement projects. Staff has been studying the potential of creating debt service savings by refunding all or a portion of the remaining Series B, 1993 Bonds, and is seeking Council authorization to proceed with the structuring of a refunding bond issue. State and federal law permits local governments to issue refunding bonds which replace previously issued and currently outstanding bonds. If the bonds being refunded are currently callable, they can be refunded with “current refunding” bonds, without limitation as to the number of times the original bonds have been refunded. If the bonds being refunded are not currently callable, they can only be refunded with “advance refunding” bonds. Tax-exempt bonds originally issued after the effective date of the 1986 Tax Reform Act can only be advance refunded once. The Series A, 1993 Water and Sewer Bonds were advance refunding bonds and therefore cannot again be advance refunded. The Series B, 1993 Bonds include current refunding bonds and new money bonds and are therefore eligible to be advance refunded. Staff has investigated the savings potential from advance refunding all or a portion of the Series B, 1993 Bonds and has determined that significant savings in debt service costs can be obtained. Based on current bond market conditions, it is estimated that approximately $1.6 million in debt service costs can be saved, with a present value of approximately $1.2 million. The average annual savings of $105,000 could allow the Water and Sewer Utility to issue an additional $1.35 million without increasing its current debt service payments. The sale of the Series 1993 Bonds was negotiated with a consortium of local investment banking firms led by George K. Baum & Co. All locally based underwriting firms with the ability to directly market the bonds were included in the underwriting group, with each participating in the purchase of the bonds on a basis that was proportionate to its size and ability to market the bonds. The pricing and marketing of the bonds was closely monitored by City staff and the operation was determined to be very successful. Staff proposes to use the same underwriting group to negotiate the sale of the Series 1998 refunding bonds, with minor adjustments that reflect changes in the local investment banking industry that have occurred since 1993. Staff recommends using a negotiated approach to selling the refunding bonds because of the potential for volatility in the bond market and the need for specialized structuring expertise and other administrative assistance that underwriters can provide in a negotiated transaction, which results in achieving optimal savings. Staff recommends staying with the consortium of locally based underwriters because it was successful in 1993. The estimated present value savings of $1.2 million is equal to approximately 4.5% of the par amount of the 1993 Bonds being refunded. Generally accepted standards for determining the appropriate level of savings in a bond refunding use 3% as the threshold, below which a proposed refunding does not make financial sense. Based on that standard, the proposed refunding makes financial sense. Mayor Knight Mayor Knight inquired whether anyone wished to speak and no one appeared. Motion -- Knight moved that staff be authorized to proceed to negotiate an advance refunding of Series B, 1993 Water and Sewer Revenue Bonds with the local -- carried underwriting consortium led by George K. Baum & Company. Motion carried 6 to 0. (Rogers absent) WICHITA STEEL FAB. PUBLIC HEARING AND TAX EXEMPTION REQUEST - WICHITA STEEL FABRICATORS, INC. (District I) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-579. Wichita Steel Fabricators, Inc. is a manufacturer of various steel products such as pressure vessels, truck tanks, mixing tanks, platforming and tamping rollers. Industries served include aircraft, mining, chemical, agricultural and construction. Wichita Steel Fabricators, Inc. located at 3400 N. Broadway, is requesting a tax exemption on a $1,370,000 expansion project. The expansion project will consist of the construction of real property at a cost of $1,120,000 and the purchase of personal property at a cost of $250,000. Wichita Steel Fabricators, Inc. originated as a subsidiary of American Steel Works in 1940. In 1953, Wichita Steel Fabricators was incorporated as a separate entity. In 1977, current ownership acquired the assets of Wichita Steel Fabricators, Inc. and formed the current corporation. Since 1977, primary production focus has been various steel vessels and industrial frames. An example of present production is the steel frame used on shuttle vehicles known as “trolleys”, as currently utilized in downtown Wichita Wichita Steel Fabricators, Inc. currently has 26 employees and expects to add another 10 new employees over the next 5 years. The $1,370,000 expansion project will consist of the demolition of a portion of the existing production facility, the construction of a new 20,000 sq. ft. facility on the same location, construction of a building addition for storage, and renovation of existing office space. Also included in the proposed project is the purchase of machinery and equipment as reflected in Exhibit I. Under the City's Business incentives Policy, Cox is eligible for the following: TAX EXEMPTION ELIGIBILITY ELIGIBLE % INCENTIVE EXPLANATION 22.50% New Job Creation: Cox presently employs 26 full-time employees at its facilities and expects to hire an additional 10 employees within 5 years after starting the project. 21.00% Capital Impr: Investment of approximately $1,370,000 in the construction of a building addition and the purchase of additional personal property. 43.50% Total Business Incentives 43.50% TOTAL ELIGIBLE FOR BUSINESS INCENTIVES (Maximum allowed is 50%) 35.00% TOTAL ELIGIBLE FOR EXPORT PREMIUM (Maximum allowed is 50%) 20.00% Location Premium For businesses located in a redevelopment area 98.50% TOTAL EXEMPTION ALLOWED UNDER BUSINESS INCENTIVE POLICY Wichita Steel Fabricators, Inc. is eligible for a 98.5% tax exemption for five years on real and personal property. A notice of public hearing has been published. Wichita Steel Fabricators, Inc. will maintain a City of Wichita approved EEO/AA Plan for the full term of the Tax Exemption. The estimated first year taxes on the Wichita Steel Fabricators, Inc. proposed $1,370,000 project under the 1997 mill levy on property within the Wichita City limits would be $35,793. The estimated taxes exempted with a 98.5% exemption would be $35,256. Wichita State University Center for Economic Development and Business Research Cost-Benefit Analysis indicates a ratio of 1.34 for the City of Wichita; 1.27 for Sedgwick County; 1.00 for USD 259 and 4.58 for the State of Kansas of benefits to costs with a 98.5 percent exemption for Cox. Wichita Steel Fabricators, Inc. paid $8,117 in existing real and personal property taxes in 1997 and will continue to pay taxes on the existing property. The existing building and personal property will stay on the property tax rolls. The policy exemption equates to $3,526 of exempted taxes per each new job (10 new jobs). The tax exemption will be shared among the taxing entities as follows: City - $10,259; County/State - $10,414; and USD 259 - $14,583. Mayor Knight Mayor Knight inquired whether anyone wished to speak and no one appeared. Motion -- Kamen moved that the Public Hearing be closed and the Ordinance be placed on -- carried first reading. Motion carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance granting a tax exemption on the improvements to real property and the purchase of personal property for Wichita Steel Fabricators, Inc., introduced and under the rules laid over. IRB - BG PRODUCTS PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - BG PRODUCTS, INC. (District VI) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-580. On December 23, 1997 the City Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds, in an amount not-to-exceed $4,615,000, for a six month period to BG Products, Inc. for construction of an expansion of its manufacturing facility. The Letter of Intent expired February 5, 1998. On January 6, 1998 City Council deferred the bond issuance pending resolution of certain legal issues. Legal issues were subsequently resolved. On June 16, City Council approved the reinstatement and extension of the Letter of Intent to BG Products. Products formulates, manufactures and distributes a broad line of professional use, high-quality fuel and oil conditioners and specialty lubricants, greases and chemicals. BG Products’ products are sold to professionals and fleet operators and are distributed through a network of independent domestic and foreign distributors. The products are sold throughout the U.S., Canada, Europe, the Middle East, Asia, the Far East and South America. BG Products produces over 105 products which are formulated for general industrial applications, automobiles, heavy trucks, motorcycles, farm equipment, earth moving equipment, marine engines, recreational vehicles and home and shop engines. Virtually all of BG’s product is sold to consumers outside of the State of Kansas. Bond proceeds will be used to construct and equip a 54,700 square foot expansion to BG’s Case, existing manufacturing and storage facilities, as well as a new 13,665 square foot combination office and manufacturing addition. As part of the expansion of existing facilities, BG will improve the facility’s riverside appearance by enclosing currently exposed metal storage tanks that are located on the east bank of the Arkansas River south of the US-54 bridge. The bonds will be underwritten and purchased by Froggatte & Herndon. The firm of Hinkle, Eberhart & Elkouri, L.L.C. will serve as bond counsel in the transaction. The currently anticipated sources and uses of bond proceeds are as follows: SOURCES OF FUNDS Bond Proceeds $3,685,000 Applicant Contribution 930,000 Funds to be provided by Company 187,405 Total Sources $4,802,405 USE OF BOND PROCEEDS Capital Improvements $4,336,299 Reserve Fund 50,000 Underwriting Costs 164,613 Other Issuance Costs 251,493 Total Uses: $4,802,405 BG currently employs approximately 60 people and anticipates adding another 20 employees following construction of the expansion. BG has an approved EEO/AA Plan on file with the City's Human Resources Department. BG 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. The City Council has approved a 100% tax abatement of ad valorem property taxes on the expansion project. A cost/benefit analysis has been recalculated by Wichita State University as a result of changes to the project. The results of the analysis show cost/benefit ratios of 1.35 for the City; 1.16 for the County; 1.03 for USD 259 and 3.95 for the State. Mayor Knight Mayor Knight inquired whether anyone wished to speak and no one appeared. Motion -- Cole moved that the Public Hearing be closed and the Ordinance be placed on -- carried first reading. Motion carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance authorizing the City of Wichita, Kansas, to issue its Industrial Revenue Bonds, Series X, 1998 (BG Products, Inc.) In two series totaling the aggregate principal amount of $4,615,000 for the purpose of providing funds to acquire, construct, and equip certain improvements to an existing fuel and oil conditioner and lubricant manufacturing facility; prescribing the form and authorizing execution of a trust indenture between the City and Intrust Bank, N.A., Wichita, Kansas, as Trustee; prescribing the form and authorizing execution of a lease agreement by and between the City and BG Products, Inc.; approving the form of a guaranty agreement between BG Products, Inc., as guarantor, and Intrust Bank, N.A., Wichita, Kansas, as trustee; prescribing the form and authorizing execution of a bond purchase agreement between the City, BG Products, Inc., and Froggatte & Herndon Capital Corporation, as purchaser of the Series X-A, 1998 Bonds; prescribing the form and authorizing execution of a bond placement agreement by and between the City and BG Products, as purchaser of the Series X- B, 1998 Bonds, introduced and under the rules laid over. IRB - LAW COMPANY PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE REFUNDING BONDS - LAW COMPANY BUILDING ASSOCIATES. (District VI) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-581. On November 24, 1981, the City approved documents for the issuance of Industrial Revenue Bonds in the amount of $4.2 million to Law Company Building Associates. Proceeds were used to finance the acquisition of land and construction of the Riverview Building at 345 Riverview. On June 4, 1991, the City Council approved a Letter of Intent for Industrial Revenue Refunding Bonds in an amount of $3,375,000 for the purpose of refinancing the Series III 1982 bonds. Law Company Building Associates has submitted a request for the issuance of a Letter of Intent to issue Industrial Revenue Refunding Bonds in an amount not to exceed $1,900,000. The primary purpose of the refunding issue is to take advantage of the current favorable interest rates to lower the debt service costs to Law Company Building Associates. Redemption premiums, issuance costs and other fees will be paid for from the tenants own funds and other sources. The refunding of the Series 1991 bonds will not extend the maturity of the bonds, scheduled to mature in 2002. SOURCES OF FUNDS *Industrial Revenue Bond Proceeds $1,900,000.00 *Accrued Interest 3,447.99 *Cash from Total Project Funding: $1,990,105.62 USES OF FUNDS * Principal Redemption $ 1,900,000.00 *9-1-98 Interest Payment 36,157.63 *Cost of Issuance: 22,000.00 *Underwriter’s Discount 28,500.00 *Accrued Interest 3,447.99 Total Cost of Project: $1,990,105.62 Law Company Building Associates has an approved EEO/AA Plan on file with the City. Law Company has agreed to pay all costs of issuing the bonds, and the City’s administrative fee for the term of the bonds. Law Company will not request a tax abatement as a result of the refunding bond issue. Mayor Knight Mayor Knight inquired whether anyone wished to speak and no one appeared. Motion -- Cole moved that the Public hearing be closed and the Ordinance be placed -- carried on first reading. Motion carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance authorizing the City of Wichita, Kansas, to issue its Industrial Refunding Revenue Bonds, Series IX, 1998 (Law Company Building Associates) in the aggregate principal amount of $1,900,000 for the purpose of refunding certain outstanding City of Wichita, Kansas, industrial revenue bonds; authorizing execution of a trust indenture by and between the City and Commerce Bank, N.A., Wichita, Kansas, as trustee; authorizing the execution of an amendment to a certain lease of the facility by and between the City and Law Company Building Associates; authorizing the execution of a bond purchase agreement by and between the City, Law Company Building Associates, and Cooper Malone McClain, Inc., as purchaser of the bonds; approving the form of the Guaranty agreement by and between Law Company Building Associates and the Law Company, Inc., as guarantors, and commerce Bank, N.A., Wichita, Kansas, as trustee, introduced and under the rules laid over. PACIFIC PROPERTIES REQUEST FOR A LETTER OF INTENT FOR INDUSTRIAL REVENUE BONDS - PACIFIC AMERICAN PROPERTIES, INC. (District VI) Item was withdrawn from Agenda. (Item No. 8) (Time certain Item No. 8 was taken up later in the meeting. Action is shown below in Agenda order.) UNSAFE STRUCTURES REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. (District VI) Kurt Schroeder Superintendent of Central Inspection reviewed the Item and stated that the property owner had requested additional time to repair. Staff recommendation is to give 30 days to complete exterior repairs and that the premises be cleaned immediately. Agenda Report No. 98-471 A. On May 19, 1998 a report was submitted with respect to the dangerous and unsafe conditions of the building located on this property. The Council adopted a resolution providing for a public hearing to be held on the condemnation action at 11:00 a.m. on July 7, 1998. On April 6, 1998, the Board of Code Standards and Appeals (BCSA) held a hearing on the following property: Property Address Council District 1. 503 West Hendryx 6 Pursuant to State Statute the Resolutions were duly published twice on May 20, 1998 and May 27, 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. Motion -- Cole moved that the public hearing be closed; the Resolution declaring the buildings dangerous and unsafe structures be adopted; and 30 days be given to complete exterior repairs and the premises be cleaned immediately. Any extensions of time granted to repair the structure would be conditioned on the following: (1) All taxes have been paid to date, as of July 7, 1998; (2) the structure(s) has/have been secured as of July 7, 1998 and will continue to be kept secured, and (3) the premises are mowed and free of debris as of July 7, 1998 and will be so maintained during renovation. If any of the above conditions are not met, the Office of Central Inspection will proceed with demolition action and also instruct the City Clerk to have the resolutions published once in the official city paper and advise the owners of these -- carried findings. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-98-281 A Resolution finding that the structure located on The east five and seven- tenths feet of Lot 13 and all of Lots 14 and 15, Elmdale Addition to Wichita, Sedgwick County, Kansas, commonly known as 503 West Hendryx, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cole moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight.<< KANSAS EMERG. SHELTER GRANT APPLICATION FOR KANSAS EMERGENCY SHELTER GRANT FUNDS Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-583. The State of Kansas receives Emergency Shelter Grant funds under the Stewart B. McKinney Homeless Assistance Act. These funds are in turn awarded to local units of government on behalf of homeless service providers throughout the state. The Kansas Department of Commerce and Housing (KDOC&H) issued a Notice of Funding Availability for the 1998 Kansas Emergency Shelter Grant Program (KESGP). Private non-profit agencies are eligible to receive the funds, however the application must be submitted by the local governmental entity. Several agencies have submitted requests to the City for the KESGP funding. The KESGP funding is competitive on a state-wide basis. The projects included in this application will be evaluated against all projects submitted by other city and county governments throughout the state. The grant application includes funds for the following agencies and activities. Catholic Charities Anthony Family Shelter - Operations funding ($18,481) is requested for the 32 bed shelter; Homeless Prevention funding ($10,000) is requested for a rent and utility assistance program. Center of Hope - Homeless Prevention funding ($10,500) is requested for a rent assistance program which also offers financial counseling, budget assistance, and resource and responsibility assessment. Catholic Charities Harbor House - Rehabilitation funding ($5,102) is requested to renovate, and operations funding ($5,521) is requested to equip, a children's activity center which will provide basic services to children of both Harbor House and the Anthony Family Shelter; Essential Services funding ($2,000) is requested to provide therapeutic, instructional, and playground equipment for the children's activity center. Inter-Faith Ministries Inter-Faith Inn - Rehabilitation funding ($25,000) is requested to assist in renovations to the Inn which will increase to 50 the bed spaces available; Operations funding ($8,000) is requested for the 32 bed (while undergoing renovations) facility; Essential Services funding ($12,000) is requested to provide case management services. Inter-Faith Ministries Safe Haven - Rehabilitation funding ($20,000) is requested to assist in renovations to the shelter which will increase to 22 the bed spaces available as transitional housing for mentally ill homeless persons; Operations funding ($18,000) is requested for the 20 bed (while undergoing renovations) facility; Essential Services funding ($10,000) is requested to provide case management services. New Hope, Inc. - Homeless Prevention funding ($68,174) is requested to establish a housing program, in collaboration with the Wichita Homeless Coalition and using the resources of its members, which provides broker services to assist placement in stable housing, provides landlord/tenant mediation services, provides rent and/or deposit assistance using KESGP funds, and provides case management services to ensure needed counseling, training, and follow-up services are obtained. Salvation Army Emergency Lodge - Operations funding ($16,786) is requested for the 16 bed emergency shelter. United Methodist Urban Ministry Drop-In Center - Rehabilitation funding ($134,000) is requested to add 12 shelter beds, for homeless individuals who have a serious and persistent mental illness, at its existing day shelter and to increase accessibility of the shelter for the handicapped; Operations funding ($77,200) is requested for the 200 client capacity day shelter and the added overnight shelter beds; Essential Services funding ($40,950) is requested to provide substance abuse treatment on an out-patient basis and case management services; Homeless Prevention funding ($12,000) is requested for a rent and utility assistance program. YWCA Women's Crisis Center - Rehabilitation funding ($50,000) is requested to assist in the renovation of a new facility which will increase the shelter's bed capacity by 8; Operations funding ($6,000) is requested for activities at the new shelter and at the 26 to 30 bed existing shelter. City of Wichita - Administration funding ($13,742) at the allowed 2.5% rate is requested for administrative costs. The total requested amount is $563,456. Each requesting agency has committed to providing the required matching funds. The State of Kansas has $931,000 in KESGP funds available for the 1998 Program Year. Mayor Knight Mayor Knight inquired whether anyone wished to speak and no one appeared. Motion -- Knight moved that the application be approved and the Mayor be authorized to -- carried sign the necessary documents. Motion carried 6 to 0. (Rogers absent) PRIVATE SECURITY REVISED PRIVATE SECURITY ORDINANCE. Mike Watson Police Chief reviewed the Item. Agenda Report No. 98-584. On April 17, 1998, the Chief of Police met with leaders of the Private Security Industry to discuss common concerns regarding private security officers, specifically training. This meeting led to the formation of a Private Security Committee which was charged with the responsibility of reviewing Chapter 3.72 of the City Code pertaining to private security. These meetings resulted in numerous recommendations being made to clarify the intent of the ordinance, further define the regulation of the industry, further define the process to obtain and regulation of those private security officers desiring to obtain a firearms permit and establishing a fee schedule for a Basic Security Officer School, Advanced Security School, Private Security Permit, Firearms Training School, Private Security Permit Renewal Fees, Firearms Proficiency Testing, Firearms Inspection, and Permit Replace Fees. In addition, the three types of security officer training, basic, advance, and firearms, curriculum were reviewed and revised to include a higher level of training being made available to them. All recommendations agreed upon by the Private Security Committee were forwarded to the Law Department along with a request that they be incorporated into a draft ordinance. The City Code pertaining to private security has not been revised since January 3, 1978. Due to its age, numerous revisions needed to be made to bring it up to current standards and practices. This resulted in amendments being made to twenty-five sections and creating a new section pertaining to private security officer temporary permits. The Law Department prepared the amendments and new sections and approved them as to form. The input from the private security industry members proved to be a valuable resource and provided a degree of insight into resolving problems that is generally not available. The recommended amendments and new section will resolve the current problems and provide a method for the police department to take enforcement action when a private security officer or security company violates one or more provisions of the ordinance. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion -- Kamen moved that the Ordinance be placed on first reading; and that the fees -- carried change as costs for the program increase or decrease. Motion carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance amending sections 3.72.010, 3.72.020, 3.72.030, 3.72.050, 3.72.060, 3.72.070, 3.72.080, 3.72.090, 3.72.100, 3.72.130, 3.72.140, 3.72.180, 3.72.190, 3.72.200, 3.72.210, 3.72.220, 3.72.230, 3.72.250, 3.72.260, 3.72.270, 3.72.280, 3.72.290, 3.72.350, 3.72.360, and 3.72.370 of the code of the city of Wichita, Kansas, pertaining to definitions, qualifications, applications, permit fees, transfer of permit, identification cards, suspension and revocation, termination of employment, arrest, permit required, duties regarding firearms, firearm identification cards, issuance of firearms permits, uniforms and insignia, firearms permits, firearms training, firearm fees and inspection, carrying firearms, fees, persons not engaged in private security business, license required, application form and content, insurance, vehicles, and impersonating a private security officer, all relating to private security services, repealing the originals of said sections, and creating section 3.72.055 of the city code pertaining to private security officer temporary permits, introduced and under the rules laid over. EMERGENCY VEHICLES EMERGENCY VEHICLE ORDINANCE AMENDMENT. Mike Watson Police Chief reviewed the Item. Agenda Report No. 98-585. The police department received information from citizens and law enforcement officers that some private security vehicles in Wichita were displaying emergency lighting contrary to state statute. The police department received complaints from citizens regarding private security officers stopping citizen’s vehicles on public streets. When reviewing the appropriate state statutes, it became apparent they had not been incorporated into the city’s code. Accordingly, the law department prepared a revision to the existing ordinance to bring the City into compliance with state statute. This resulted in two new code sections being created and two existing code sections being amended as follows: New Section 11.60.155 is created which authorized the use of hazard lights on any vehicle, and specifically references the use of such lights on police vehicles that are used as an authorized emergency vehicle. This section mirrors K.S.A. 8- 1722, which to date has not been made part of our code. New Section 11.60.165 is created which lists the specific lights that are permissible on an authorized emergency vehicle. This section mirrors K.S.A. 8- 1720, which to date has not been made a part of the City’s code. Section 11.60.180 of the city code is amended. This section pertains to the use headlights by the drivers of vehicles, requiring the low beam to be used when approaching other vehicles. Since the flashing headlights are allowed on authorized emergency vehicles, subsection © is added to exempt such emergency vehicles from the prohibitions of this section. This corresponds to K.S.A. 8- 1725, portions of which we have not adopted in our code. Section 11.60.200 specifically prohibits the use of flashing lights on vehicles except as authorized by certain sections of the code, and prohibits the use of emergency flashing lights as authorized by the code on any vehicle except an authorized emergency vehicle. Finally, the amended language specifically prohibits vehicles that are not authorized emergency vehicles from having any lamp or device thereon that either displays or is capable of displaying a red light that is visible from directly in front of the vehicle. Creating the two new sections and amending the two existing sections will bring the ordinance into compliance with state statute. It will also enable police officers to issue citations to any vehicles that either actually display a red or blue light or have devices thereon that are capable of displaying red or blue light, either of which is visible from directly in front of the vehicle. To have this type of lighting, the vehicle would have to be designated as an authorized emergency vehicle. Mayor Knight Mayor Knight inquired whether anyone wished to speak and no one appeared. Motion -- Kamen moved that the Ordinance be placed on first reading. Motion carried -- carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance creating new Sections 11.60.155 and 11.60.165, and amending Section 11.60.180 and 11.60.200 of the Code of the City of Wichita, Kansas, pertaining to prohibited lamps on motor vehicles and authorized flashing lights on emergency vehicles and repealing the originals of said sections, introduced and under the rules laid over. TRIPODAL SCULPTURE TRIPODAL SCULPTURE RESTORATION. (Requested by Councilman Kamen) Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-587. In 1995, a preliminary analysis as part of a national sculpture inventory program, indicated safety concerns due to deterioration of the interior of the Tripodal. A Conditional Assessment and Repair Recommendations Study was prepared by Dudley William and Associates to repair and preserve this piece of art. The evaluation recommended three different options for restoration of the structural frame and cleaning, polishing, and repairing or replacing the existing stainless steel cladding. The restoration proposal was considered by the Public Art Advisory Board which recommended the option of repairing and restoring the Tripodal. It was felt that the value of this art was significant and, even though not everyone appreciates all pieces of public art, that steps needed to be taken to preserve this asset for the community. The Business Manager for the Building and Construction Trades of Central Kansas volunteered to have his local trade unions perform the work as a volunteer community project. Work began in August of 1997 with local trade unions contributing the cost of labor and materials. After the trade unions had disassembled the art piece and removed the cladding, it was shipped to A Zahner Company Architectural Metal in Kansas City for additional repairs at no cost to the City. After completing much of the restoration, Zahner’s found that additional stainless steel would have to be replaced rather than repaired due to the extent of damage found. It was during this analysis that much of the stainless needed to be replaced instead of being refinished. The amount of this work required an additional cost of $15,000. Zahner’s has agreed to contribute part of the repair costs, reducing the remaining funds needed to $10,000. The original estimate to do these repairs as described in option two of the study was $121,600. The value of the sculpture is $250,000 based on evaluation by Christy’s of New York and Marlboro Gallery. The total project cost is estimated at $121,600. Of that total amount, $111,600 has been donated. An additional, $1,000 has been raised toward the remaining $10,000 needed to complete the project. Once the remaining $9,000 is funded, the time frame to complete repairs should be about 90 days, at which time the Tripodal would then be reinstalled by the local trade unions. Should the City wish to proceed to fund the remaining portion of this repair work, funds could be provided from the City’s appropriated reserve. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion -- Cole moved that the City contribute $9,000 towards the cost of the sculpture restoration and appreciation be extended to the local trade unions for its work -- carried on this community project. Motion carried 6 to 0. (Rogers absent) ADDAB BOARD AMENDMENT TO QUALIFICATION FOR APPOINTMENT TO THE WICHITA-SEDGWICK COUNTY ALCOHOL AND DRUG ABUSE ADVISORY BOARD. (Requested by Councilman Rogers) Motion -- Knight moved that this Item be deferred to the next meeting at which Council -- carried Member Rogers can be present. Motion carried 7 to 0. APPOINTMENTS BOARD APPOINTMENTS (for terms expiring June 30, 1999) Civil Rights and Services Board (Rogers) Convention & Tourism Committee (Knight) Human Services Board (Council at large) Police & Fire Retirement Board of Trustees (Rogers) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (2-Lambke) Wichita Transit Advisory Board (Rogers) Motion -- Gale moved that Council Member Rogers appointment of Brist McConico (Transit -- carried Board) be approved. Motion carried 6 to 0. (Rogers absent) Motion -- Knight appointed Joe Johnson (Convention and Tourism) and moved that the -- carried appointment be approved. Motion carried 6 to 0. (Rogers absent) TRAVEL APPROVAL APPROVAL OF COUNCIL MEMBER ROGER'S TRAVEL, SEPTEMBER 17-19, 1998, TO TUCSON, ARIZONA, FOR NATIONAL LEAGUE OF CITIES EENR COMMITTEE MEETING. Motion -- carried Knight moved that the travel expenses be authorized. Motion carried 6 to 0. (Rogers absent) BOARD VACANCY NOTICE OF VACANCY - SISTER CITIES ADVISORY BOARD. One vacancy (Rogers), due to the resignation of Barbara James, for a term expiring June 30, 1999. Appointment will be made July 21, 1998. PROCLAMATIONS PROCLAMATIONS. -- National Night Out -- Project ReDirectory Month -- Platelet Donor Recruitment Week Motion -- Knight moved that the issuance of proclamations be authorized. Motion -- carried carried 6 to 0. (Rogers absent) CONSENT AGENDA Knight moved that the Consent Agenda, except Item 40, be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Rogers absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JULY 6, 1998. At 10:00 a.m., Thursday, July 2, 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 ><< Dora from the east line of Lot 14, Block 1, Lark 6th Addition, east to the east line of Cardington; May from the south line of Dora south and east to the north line of May Circle; Cardington from the north line of May Circle north to the south line of Dora; Dora Court from the south line of Dora south and west to and including the cul-de-sac; May Circle from the east line of May east to and including the cul-de-sac, and; Sidewalk be constructed on both side of Dora from the est line of Lot 14, block 1, Lark 4th Addition, east to the east line of Cardington, along the east and north side of May and the west side of Cardington to serve Lark 6th Addition (south of Kellogg, east of 119th St. West). (472- 82893/764829/490584) Does not affect existing traffic. (Council approval date 12-9-97) (District 5) Cornejo & Sons - $397,733.75* AND Carr from the west line of Lot 19, Block 3, east to the est line of the plat; Carr Courts from the south line of Carr south to and including the cul-de-sac and from the north line of Carr north to and including the cul-de-sac, and; Sidewalk on both sides of Carr from the west line of Lot 19, Block E east to the east line of the plat to serve Lark 6th Addition (south of Kellogg, east of 119th St. West). (472-82894/764837/490585) Does not affect existing traffic. (Council approval date 12-9-97) (District 5) Cornejo & Sons - $122,062.40* *Total Aggregate - $519,796.15 26th Street North from 218.75 feet west of Clarence to the west line of Clarence. (472-82887/764662/490568) Does not affect existing traffic. (Council approval date 11-18-97) (District 6) Cornejo & Sons - $13,742.00 Broadway Street Paving, Water Line and Sanitary Sewer (Broadway, Douglas to Central) (472-82181/448-88567/468-82689/706481/635391/621664/405202/544639/ 533- 277) Traffic to be maintained through construction. (Council approval date 12-3-96) (District VI) Ritchie Paving - $2,117,526.13 (With Add and Deduct Alternates) Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 6 to 0. (Rogers absent) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Demolition & Removal of property and all area improvements (1329 South Terrace) (671571) Cornejo & Sons, Inc. - $27,420.00 Lump Sum Total Base Bid PUBLIC WORKS DEPARTMENT/STORM WATER MANAGEMENT: Storm Water Drainage Repairs (660381) W.B. Carter Construction Co., Inc. Group I - $46,031.00 Group II - $23,826.00 Group III - Reject Group IV - $ 9,946.00 HUMAN SERVICES DEPARTMENT/WICHITA HOUSING AUTHORITY DIVISION: Handicap Renovation & Rehabilitation (127779) Williamson Construction Company - $22,954.00 Lump Sum Total PUBLIC WORKS DEPARTMENT/STORM WATER MANAGEMENT: 2' X 5' Steel Inlet Cover (133116) GCI Castings, Inc. - $25,500.00 Total Net Bid PUBLIC WORKS DIVISION/FLEET & BUILDINGS: Telescoping steel sign post system (130847) Unistrut Midwest Item 1 - $11.20 Per Each Item 2 - $ 8.64 Per Each Item 3 - $ 9.72 Per Each Item 4 - $10.80 Per Each Item 5 - $14.85 Per Each Item 6 - $ 6.00 Per Each Item 7 - $ 6.45 Per Each Item 8 - $ 3.25 Per Each Item 9 - $ 3.60 Per Each Item 10 - $ 0.44 Per Each Item 11 - $ 0.40 Per Each Item 12 - $ 0.10 Per Each WATER & SEWER DEPARTMENT/SEWER MAINTENANCE DIVISION: Foaming Root Control Herbicide (184804) Airrigation Engineering Co., Inc. - $75,000.00 Total Net Bid 2.1% - 10 PUBLIC WORKS DEPARTMENT/FLEET AND BUILDINGS DIVISION: Wichita Boathouse Kitchen Improvements Eby Construction Co., Inc. - $35,900.00 Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 6 to 0. (Rogers absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGE. Renewal 1998 (Consumption off Premises) Mark A. Boswell Midway Oil #8 2199 North Woodlawn New Operator 1998 (Consumption on Premises) Susan D.K. Jones Riverside Tap Room 815 West 11th Street Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Rogers absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Water Supply Line to serve Auburn Hills Fifth Addition (north of Kellogg, east of 151st Street West). (448-89233/734533/470-531) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 2-10-98) (District V) b. Water Supply Line to serve Reece Farms Addition (north of Kellogg, west of 135th Street). (448-89240/734517/470-529) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 4-14-98) (District V) c. Sewer Response Plan - Raise Buried Manholes (1998-Set 1) (south of Kellogg, east of Rock Road). (468-82860/620120/533-364) Traffic to be maintained through construction. (Council approval date 1-6-98) (District II) d. Sewer Response Plan - Replace Total Manholes (1998-Set 2) (south of Kellogg, east of Oliver). (468-82861/620138/533-365) Traffic to be maintained through construction. (Council approval date 1-6-98) (Districts II and III) e. Sewer Response Plan - Repair of Precast Manhole Joints and Construction Holes (1998-Set 3) (south of 13th Street, east of Woodlawn). (468-82862 /620146/533-366) Traffic to be maintained through construction. (Council approval date 1-6-98) (District II) f. 1998 Sanitary Sewer Reconstruction Program, Phase Five, (west of Hillside, south of 21st Street). 468-82869/620161/533-368) Does not affect existing traffic. (Council approval date 1-6-98) (District I) g. Landscaping for McLean and Second Street (472- 82586/706168/405-170) Traffic to be maintained through construction. (Council approval date 5- 9-95) (District VI) h. Anna from Walker to Irving to serve West 54 Industrial Addition (west of West Street, south of Kellogg). (472-82914/874811/490- 583) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-3-98) (District IV) I. 1998-1999 Community Development Block Grant (CDBG) Local Investment Area (LIA) Infrastructure Improvements (Various Locations). (600700) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 4-17-98) (Districts I, II and III) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., July 17, 1998. Motion carried 6 to 0. (Rogers absent) a. Paving improvements on Douglas, Main to Topeka and Topeka, Douglas to William; and new 12" water main in Douglas between Main and the east side of Topeka; and an 8" water main in Topeka between Douglas and William; and a Vest Pocket Park on the south side of Douglas. (472- 82655/448- 88965/472-82881/706473/--/791848/) Traffic to be maintained through construction using flagpersons and barricades. (District 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 -- carried Bids and Contracts by 10:00 a.m., July 24, 1998. Motion carried 6 to 0. (Rogers absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Distribution System to serve Smithmoor Seventh Addition (south of Harry, east of Webb).(448-89193/734525) b. Water Distribution System to serve Auburn Hills 5th Addition (north of Kellogg, east of 151st Street West). (448-89234/734541) c. Water Distribution System to serve Tara Falls Addition (south of Harry, west of 127th Street East). (448-89270/734590) d. Lateral 17, Cowskin Interceptor Sewer to serve Reese Farm Estates (south of Maple, west of 151st Street West). (468-82830/743484) e. Bayview Street and Sandkey Street from the north line of Keywest to the north line of Lot 25, Block 1; Sandkey Courts adjacent to Lots 8 through 19, Block 4, and adjacent to Lots 22 through 34, Block 4; Harborside Drive from the south line of the Moorings North Addition to the north line of Lot 1, Block 2, Moorings North Addition; Bayview Court adjacent to Lots 11 through 25, Block 1 to serve Moorings North Addition (west of Meridian, south of 53rd Street North). (472-82879/764654) 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 -- carried Bids and Contracts by 10:00 a.m., July 17, 1998. Motion carried 6 to 0. (Rogers absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1998 Sewer Reconstruction Program, Phase II (Mosley, Murdock to 11th Street). (468-82825/620039/533-355) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 6- 9-98) (District I) - $187,803.50 b. 1998 Sanitary Sewer Rehabilitation Program, Phase D (north of Central, west of Hillside). (468-82851/620088/533-360) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 01-06-98) (Districts I, IV and VI) - $292,587.00 c. Broadway Street Paving, Water Line and Sanitary Sewer (Broadway, Douglas to Central) (472-82181/448-88567/468- 82689/706481/635391/621664/405202/544-639/533-277) Traffic to be maintained through construction. (Council approval date 12-3-96) (District VI) - $2,331,790.00 d. Rehabilitating the 37th Street North Bridge at the Little Arkansas River (Big Ditch) (east of Meridian, north of 37th Street North). (472- 82736/715409/ 415-054) Street to be closed to traffic. (Council approval date 06-02-98) (District VI) - $422,522.94 e. Mascot from 27th Street North to 29th Street North Gould Gardens, (west of Arkansas, south of 29th Street North).(472-82861/764530/490-556) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 09-09-97) (District VI) - $264,000.00 f. Meridian from the north line of 25th Street North to the south line of Halstead, Northwest Heights Addition (Meridian, north of 25th Street North). (472-82876/764589/490-561) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 10- 07-97) - $245,920.00 g. 26th Street North from 218.75 feet west of Clarence to the west line of Clarence. (472-82887/764662/490-568) Does not affect existing traffic. (Council approval date 11-18-97) (District VI) - $17,000.00 h. Dora from the east line of Lot 14, Block 1, Lark Sixth Addition, east to the east line of Cardington; May from the south line of Dora south and east to the north line of May Circle; Cardington from the north line of May Circle north to the south line of Dora; Dora Court from the south line of Dora south and west to and including the cul-de-sac; May Circle from the east line of May east to and including the cul-de-sac, and; Sidewalk be constructed on both side of Dora from the est line of Lot 14, block 1, Lark Fourth Addition, east to the east line of Cardington, along the east and north side of May and the west side of Cardington to serve Lark Sixth Addition (south of Kellogg, east of 119th Street West). (472- 82893/764829/490-584) Does not affect existing traffic. (Council approval date 12-9-97) (District V) - $477,220.00 I. Carr from the west line of Lot 19, Block 3, east to the east line of the plat; Carr Courts from the south line of Carr south to and including the cul-de-sac and from the north line of Carr north to and including the cul-de-sac, and; Sidewalk on both sides of Carr from the west line of Lot 19, Block E east to the east line of the plat to serve Lark Sixth Addition (south of Kellogg, east of 119th St. West). (472- 82894/764837/490-585) Does not affect existing traffic. (Council approval date 12-9-97) (District V) - $175,000.00 j. Baker Street from 11th Street North to 13th Street North, R.A. Morris Gardens, et. al. (south of 13th west of West Street). (472- 82905/764787/490-580) Does not affect existing traffic. (Council approval date 02-24-98) (District V) - $185,000.00 k. Rita from the east line of Lark to the east line of Lot 12, Block 1; Rita Ct. (Lots 1-12, Block 1) from the north line of Rita to and including cul-de-sac; and Rita Ct. (Lots 1-6, Block 2) from the south line of Rita to and including cul-de-sac to serve Lindsay's Orchard Addition (north of Pawnee, west of Maize). (472-82908/764910/490-593) Does not affect existing traffic. (Council approval date 2-10-98) (District V) - $131,000.00 Motion -- Knight moved that the preliminary estimates be approved and filed. -- carried Motion carried 6 to 0. (Rogers absent) EASEMENTS/DEDICATIONS EASEMENTS AND DEDICATIONS. a. Dedication dated 6-17-98 from C. Bill Bachman for a Tract in the SE 1/4 Sec 24, Twp 26S, R1W (Meridian-I-235 to north City Limits, Index 706531) (no cost to City) b. Three easements dated 3-19-98, 4-6-98, and 8-6-98 from Paul D. Jackson for Tracts in Bradley Fair Third (Private project Index 734392) (no cost to City) c. Dedication dated July 7, 1998 for a Tract in the NE 1/4 Sec 25, Twp 27S, R2W (Maple Street between Vyne Addition and Maple Valley Addition Index 706275) (no cost to City) Motion -- Knight moved that the documents be received and filed and the City Clerk be instructed to record with the Register of Deeds. Motion -- carried carried 6 to 0. (Rogers absent) PETITIONS PAVE EVANS STREET (EAST OF BROADWAY, NORTH OF 31ST STREET SOUTH). (District III) Agenda Report No. 98-589. The Petition has been signed by two owners representing 100% of the improvement district. The project will provide paved access to a new industrial warehouse. The estimated project cost is $13,500. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be -- carried adopted. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-98-273 Resolution of findings of advisability and Resolution authorizing paving of Evans from the west line of Lot 1, to the east line of Lot 1, Pursley Addition (Project No. 472-82955) 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 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. PETITION TO PAVE STREETS IN LARK SIXTH ADDITION (SOUTH OF KELLOGG, EAST OF 119TH STREET WEST). (District V) Agenda Report No. 98-590. On December 9, 1997, the City Council approved a paving Petition to serve Lark 6th Addition. 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 $144,000. The new Petition totals $175,000. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be -- carried adopted. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-98-274 Resolution of findings of advisability and Resolution authorizing paving Carr from the west line of Lot 19, Block E, east to the east line of the plat; Carr Courts from the south line of Carr south to and including the cul-de-sac and from the north line of Carr north to and including the cul-de-sac, and sidewalk on both sides of Carr from the west line of Lot 19, Block E, east to the east line of the plat, Project Number 472-82894 (south of Kellogg, east of 119th Street West) 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 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. PETITION TO PAVE STREETS IN MOORINGS NORTH ADDITION (WEST OF MERIDIAN, SOUTH OF 53RD STREET NORTH). (District VI) Agenda Report No. 98-591. On October 27, 1997, the City Council approved a paving Petition to serve Moorings North Addition. 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 $810,000. The new Petition totals $1,000,000. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be -- carried adopted. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-98-275 Resolution of findings of advisability and Resolution authorizing paving of Bayview Street and Sandkey Street from the north line of Keywest to the north line of Lot 25, Block 1, in the Moorings North Addition; Sandkey Courts adjacent to Lots 8 through 19, Block 4, and adjacent to Lots 22 through 34, Block 4; Harborside Drive from the south line of the Moorings North Addition to the north line of Lot 1, Block 2, Moorings North Addition; Bayview Court adjacent to Lots 11 through 25, Block 1, Moorings North Addition (west of Meridian, south of 53rd Street North) (Project Number 472-82879) 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 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. PETITION FOR SANITARY SEWER TO SERVE LOT 12, COMOTARA INDUSTRIAL PARK SECOND ADDITION (SOUTH OF 34TH STREET NORTH, WEST OF WEBB). (District II) Agenda Report No. 98-582. The Petition has been signed by one owner representing 100% of the improvement district. The project will provide sanitary sewer service to a new industrial warehouse. The estimated project cost is $25,000. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be -- carried adopted. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-98-276 Resolution of findings of advisability and Resolution authorizing construction of Lateral 51, Main 7, Sanitary Sewer No. 23 (south of 34th Street North, west of Webb) (Project No. 268-82852) 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 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. WATER SUPPLY LINE TO SERVE RIDGE PORT ADDITION (NORTH OF 29TH STREET, EAST OF RIDGE). (District V) Agenda Report No. 98-593. The Petition has been signed by two owners representing 100% of the improvement district. The project will provide paved access to a new industrial warehouse. The estimated project cost is $13,500. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be -- carried adopted. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-98-277 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution system Number 448-89264 (north of 29th, east of Ridge) >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 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Park Commissioners, 5-11-98 Board of Code Standards and Appeals, 6-1-98 Board of Zoning Appeals, 2-24-98 CPO Northeast Council 1, 6-22-98 CPO East Council 2, 6-22-98 CPO Southeast Council 3, 6-26-98 CPO Southwest Council 4, 6-26-98 CPO Northwest Council 5, 6-25-98 CPO North Central Council 6, 6-25-98 Commission on the Status of Women, 6-3-98 Deferred Compensation Board of Trustees, 6-18-98 Metropolitan Area Planning Commission (MAPC), 6-11-98 Police and Fire Retirement Board, 5-27-98 Wichita Employees Retirement Board, 5-27-98 Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board, 6-11-98 Wichita Public Library, 6-16-98 Wichita-Sedgwick County Board of Health, 6-11-98 Wichita Transit Advisory Board, 5-28-98 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Rogers absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 98-620. In accordance with the Special Events Procedures, event sponsors are to notify adjacent property owners and coordinate arrangements with Staff, subject to final approval by the City Council. The following Special Event requests have been submitted: 1) Automobilia Moonlight Car Show and Street Party Date of event: July 11, 1998 Time: 6 p.m. to 10 p.m. Location: Automobilia (200 N. Emporia) and surrounding area Street Closures: First Street from Broadway to Mosley Emporia and St. Francis from Douglas to Second Street Meade from First Street to Second Street Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Motion -- Knight moved that the request be approved subject to: (1) Event sponsors notifying every property and/or business adjoining any portion of the closed street; (2) Coordination of event arrangements with City Staff; (3) Hiring off- duty public safety officers as required by the Police Department; (4) Obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Department; (5) Submitting a Certificate of Insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with -- carried respect to the event’s use of the closed City streets. Motion carried 6 to 0. (Rogers absent) DESIGN SERVICES AGREEMENT FOR DESIGN SERVICES FOR HARBOR ISLE SECOND ADDITION (EAST OF MERIDIAN, SOUTH OF 53RD STREET NORTH). (District VI) Agenda Report No. 98-594. The City Council approved the Harbor Isle 2nd Addition plat on May 19, 1998. The proposed Agreement between the City and Poe & Associates Inc. provides for the design of Harbor Isle 2nd. Poe & Associates Inc. provided subdivision engineering services for this addition, therefore, they can expedite construction plan preparation. Administrative Regulation 7a allows for the selection of Poe & Associates Inc. under these conditions. Payment will be on a lump sum basis of $83,640 and will be paid by special assessments Notion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Rogers absent) AGREEMENT FOR DESIGN SERVICES FOR WATER DISTRIBUTION SYSTEM (EAST OF ARKANSAS AVENUE AND NORTH OF 37TH STREET NORTH). (District VI) Agenda Report No. 98-595. The signature on the Petition represents one owner of 100% of the improvement district. The water supply line will serve a new single-family development. The estimated project cost is $88,000, with $56,500 assessed to the improvement district and $31,500 paid by the Water Utility. The utility share is for the cost of oversizing the pipe to serve future development beyond the improvement district. Notion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Rogers absent) RESPREAD SPECIALS AGREEMENT TO RESPREAD SPECIAL ASSESSMENTS IN CREST RIDGE SECOND ADDITION (NORTH OF CENTRAL, EAST OF 127TH STREET EAST). (District II) Agenda Report No. 98-596. The developer, Crest Ridge Development, Inc., platted Crest Ridge Second Addition and has submitted an Agreement to respread special assessments within the addition. The land was originally included in numerous improvement districts for a number of public improvement projects. The purpose of the Agreement is to respread special assessments on an equal share basis for each lot. Without the Agreement, the assessments will be spread on a square foot basis. The Agreement will save the City time in recalculating special assessments for each newly platted lot and make it easier for the developer to market the lots. Notion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Rogers absent) CDBG CONTRACTS COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) CONTRACTS. United Methodist Urban Ministry/Drop-In Center. Agenda Report No. 98=597. On March 4, 1997, the City Council allocated Community Development Block Grant (CDBG) funds for the 1997/1998 program year. The City Council allocated $25,000 to three homeless shelters subject to under expenditure of public services funds during the 1997/1998 program year. A review of 1997/1998 public services expenditures shows there will be an under expenditure adequate to provide the $25,000 approved by the City Council to be equally shared by: Agency Program Catholic Charities Anthony Family Shelter Inter-Faith Ministries Inter-Faith Inn United Methodist Urban Ministry Drop-In Center. The contract with United Methodist Urban Ministry provides operating assistance for a daily drop-in shelter for homeless persons. The contract amount for United Methodist Urban Ministry Drop-In Center is $8,333. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Rogers absent) YWCA/Women’s Crisis Center. Agenda Report No. 98=598. On March 17, 1998, the City Council allocated Community Development Block Grant (CDBG) funds for the 1998/1999 program year. Included in the 1998/1999 CDBG allocations were funds for women’s shelter services. Women’s shelter services were procured through a competitive Request for Proposal (RFP). The contract with the YWCA provides operating assistance for a shelter for victims of domestic violence. The contract term is twelve months beginning July 1, 1998 and ending June 30, 1999. The contract amount for Women’s Crisis Center is $170,000. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Rogers absent) Community Housing Services. Agenda Report No. 98-599. On June 4, 1994, the City Council approved $150,000 of 1995/1996 Community Development Block Grant (CDBG) funds to establish Community Housing Services Wichita/Sedgwick County under the auspices of the Neighborhood Reinvestment Corporation. From those funds, $50,000 would be used for operating costs and $100,000 for a revolving home loan program in the KenMar area. The same amount ($150,000) was allocated to this program from 1996/1997 CDBG funds. On March 4, 1997, the City Council allocated an additional $150,000 from 1997/1998 CDBG funds to Community Housing Services. The three year total of $150,000 in operating funds and $300,000 in revolving home loan funds completes the City’s three year commitment for CDBG funding for this agency. This contract provides Community Housing Services Wichita/Sedgwick County $50,000 in operating funds from 1997/1998 CDBG funds. The remaining $100,000 contract for revolving home loans is forthcoming. The contract amount for Community Housing Services Wichita/Sedgwick County is $50,000 to be used for operating costs. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Rogers absent) EXPO HALL CONTRACT EXPO HALL ROOFTOP HEATING/COOLING RENOVATION - ENGINEERING CONTRACT . (District VI) Agenda Report No. 98-600. On March 17, 1998 the City Council approved a Capital Improvement Program (PB- 110) to replace or renovate the heating and cooling equipment at Expo Hall. The Staff Screening and Selection Committee interviewed three engineering firms to design the project. The Committee recommends Professional Engineering Consultants, P.A. as the engineer on this project. Professional Engineering Consultants (PEC) proposed to provide all services for time-and-materials cost not-to-exceed $48,000. They have agreed to look at solutions for conversion of some or all of the existing equipment to chilled- water cooling, and replacement of current equipment with air-cooled equipment. PEC is familiar with all of the mechanical equipment in Century II and Expo Hall, therefore, they can design the best alternative. The estimated cost of the project is $48,000. The funding source is Guest Tax Fund. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Rogers absent) CENTURY II/EXPO HALL CENTURY II/EXPO HALL PARKING LOT RENOVATION. (District VI) Agenda Report No. 98-601. The 100,000 square feet parking lot located east of Expo Hall has deteriorated. The surface has deteriorated to the point that it has begun to crumble. Surface parking is limited in the area, and all available parking must be kept in usable condition. The 1998 Capital Improvement Program (CIP) PB-9205 has a total of $250,000 for the renovation of this parking lot. Postponing this work will result in further deterioration of the lot. Public Works Engineering will design and manage the project. This CIP has $250,000 in General Obligation Bonds budgeted in 1998. Motion -- Knight moved that the project be approved and the Resolution be adopted. Motion -- carried carried 6 to 0. (Rogers absent) RESOLUTION NO. R-98-278 A Resolution declaring it necessary to reconstruct, alter, and repair city facilities located at 225 West Douglas by repairing, milling, and overlaying the asphalt surface of the parking lots serving Century II and Expo Hall; authorizing the hiring of a consultant to design such improvements; directing the public works department to submit a full report together with a preliminary estimate of the cost thereof; and declaring it to be the intention of the Governing Body to issue City of Wichita General Obligation Bonds in an amount not to exceed $250,000 relating thereto, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. TRAVEL AGENCY TRAVEL AGENCY SERVICE CONTRACT. Agenda Report No. 98-602. Sedgwick County, USD 259, and the City of Wichita, in a joint purchasing cooperative effort, sent out RFPs to provide travel services. Six agencies submitted proposals prior to the March 31, 1998, deadline. The joint staff committee selected Warren Travel, 6200 E. Central, Wichita, Kansas. Warren Travel complied with all mandatory requirements on the proposal and was responsive to the needs and concerns of all three entities. The County Commission approved Warren Travel on June 17, 1998. Motion -- Knight moved that Warren Travel be approved to provide travel agency services for the City of Wichita in conjunction with a joint contract with Sedgwick -- carried County, USD #259, and the City of Wichita. Motion carried 6 to 0. (Rogers absent) IMAGING CONSULTANT CONSULTING SERVICES - IMAGING TECHNOLOGY. Agenda Report No. 98-603. Imaging technology has been available for some time and costs have been dropping to make the technology quite cost effective. The City has been reviewing the technology and has been preparing for its use for several years. A Wichita Innovation Team (WIT) was formed in March, 1994 to study the technology. The team first identified the customers as citizens, departments, City Council and the media. The Team then conducted a survey of the City’s departmental records and identified the customer’s needs as accurate and accessible information/copies, ability to store all City records, elimination of duplicate information, reduction of storage costs, centralized information system and cost control. Among several of their recommendations, the WIT Team concluded the Police Department project should proceed as the City’s first imaging project. In June, 1996, the City Council adopted the Management Information Systems Strategic Plan. In the area of imaging and records management, this plan calls for conducting detailed feasibility studies on imaging opportunities, pursuing a single vendor approach. This plan lists some of the potential benefits of implementing a document imaging system as: • Simultaneous access to a document image by multiple users. • Improved accessibility of archived documents. • Elimination of misfiling or misplacement of imaged documents. • Greatly reduced physical storage space requirements. • Reduced need for photocopying. • Improved customer service from faster and more complete document searches. The Municipal Court Task Force, comprised of individuals with a knowledge of both the legal system and also of good business and operational practices, completed its report in August 1995. One of their recommendations in the area of improved records management and administrative procedures is to implement an optical imaging system for court records. These records would include all charge documents and court disposition records. To implement the imaging system, detailed requirements were determined and documented. Paper flows were reviewed to determine where information originates, at what point the document was complete and ready to be imaged, where the document is needed and should be available for display and how the imaged document was to be stored. In April 1998, the City Council approved a contract with Compulink, Inc. to produce an imaging system design and specification document. This work is underway. Currently there exists an opportunity to re-engineer the process for the court disposition sheet and several other court and police document. This work can be completed concurrently with the system design work. Both work products will be complete prior to purchasing hardware or software for this system. The proposed contract with Pete Kitch includes work products for the process re- engineering of up to 22 Police Department and Municipal Court documents, including a potential process to eliminate use of the disposition sheet. Additionally, the contractor will provide training on process re-engineering to select Police and Municipal Court staff and provide a manual on how to perform the re-engineering work. Pete Kitch has previously successfully completed computer consulting services and business process re- engineering for the public safety departments in the city. The cost of this contract is $27,000. Funding for this contract is in the 1997 Municipal Court Public Safety Initiative project budget. This budget and the Local Law Enforcement Block Grant provides funding for hardware and software after technical specifications are developed and the request for proposal process is complete. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Rogers absent) POWER CDC (CHDO) POWER CDC (CHDO) OPERATING GRANT. Agenda Report No. 98-604. The Enterprise Foundation is providing consulting assistance to Power CDC in order to facilitate the development of Renaissance Village. Enterprise provides operating support (Pass Through Grants) to select nonprofit housing developers through their HUD funded CHDO Technical Assistance effort. Power CDC has been awarded an operating grant, which is contingent upon the City providing matching funds. This operating support will enable Power CDC to continue operations during the period in which the single-family homes are constructed in Renaissance Village. The amount of the HUD funded operating grant provided by Enterprise is $8,000. Enterprise has asked the City to match this grant, in the form of operating assistance. The funds for this grant can be allocated from HOME program income funds. Motion -- Knight moved that the matching grant be approved; and Staff be authorized to prepare the contract and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Rogers absent) COMPREHENSIVE GRANT FFY 1998 COMPREHENSIVE GRANT BUDGET SUBMITTAL. Agenda Report No. 98-605. On October 1, 1992, HUD awarded the City of Wichita funds to be administered under the guidelines of the Comprehensive Grant Program to modernize and update units in the Housing Authority inventory. Staff have assessed the needs of the Housing Authority for the 1998 Budget year. The approved funding allocation for the fiscal year 1998 and subsequent years of the five-year action plan is $1,042,140.00. Funding will be expended for major unit rehabilitation, architectural, and engineering costs, security fencing, and cameras in elderly high-rises. Motion -- carried Knight moved that the budget be approved for submittal. Motion carried 6 to 0. (Rogers absent) UTILITY PAVEMENT CUT CONTRACT AMENDMENT: UTILITY PAVEMENT CUT PROGRAM. (All Districts) Agenda Report No. 98-606. The Utility Cut Program provides for permanent repair of cuts made to street rights-of-way by utility companies and others who repair underground lines. Permanent repairs of streets are made by the City’s contractor and the City pays the contractor for the work. The City is reimbursed by the utility company. Several large waterline breaks and utility company excavations have increased expenditures in the pavement cut program in 1998. It is anticipated that the current funding levels in the amount of $1 million will be exhausted by the middle of July. Cornejo and Sons, Inc., who was awarded the contract for 1998, agrees to extend the contract to provide continuity of the program throughout the year. The Revised 1998 Budget provides an additional $600,000 to the budgeted $1 million to allow the program to continue until the end of 1998. The additional $600,000 will be recouped from billings to utility companies. Motion -- Knight moved that the transfer of funds be approved; and the Contract Amendment -- carried be approved and the Mayor be authorized to sign. Motion carried 6 to 0. (Rogers absent) COMMUNICATIONS EQUIPMENT PURCHASE COMMUNICATIONS EQUIPMENT FOR THE WICHITA-SEDGWICK COUNTY DEPARTMENT OF COMMUNITY HEALTH. Agenda Report No. 98-607. Early in 1998, Environmental Health converted to the 800 MHZ system replacing the obsolete VHF equipment. At present, not all staff have 800 MHZ radios. To allow for communication and for the safety of field personnel, a complete conversion is essential. The purchase of this radio equipment will cost $15,102. There are sufficient funds available for the purchase in the 1998 budget. Motion -- carried Knight moved that the purchase be approved. Motion carried 7 to 0. HISTORIC MUSEUM WICHITA/SEDGWICK COUNTY HISTORIC MUSEUM HEATING/COOLING RENOVATION. (District VI) Agenda Report No. 98-608. The Wichita/Sedgwick County Historical Museum is a Historic Landmark, and is more than 100 years old. In 1976, the building was renovated for use as a museum. At that time, cooling equipment and part of the heating distribution equipment was installed. The equipment has since become faulty and is due for replacement. The historic collection housed in the building must be kept at a moderate temperature and humidity, therefore, the deteriorating cooling equipment and heating distribution equipment must be replaced. The estimated cost of the project is $60,000. The funding source is General Obligation Bonds. Motion -- Knight moved that the project be approved and the Resolution be adopted. Motion -- carried carried 6 to 0. (Rogers absent) RESOLUTION NO. R-98-279 A Resolution declaring it necessary to replace certain air conditioning equipment in the Wichita/Sedgwick County Historical Museum, located at 204 South Main in Wichita, Kansas, directing that a preliminary estimate of the cost thereof be prepared and declaring it to be the intention of the Governing Body to issue city of Wichita general obligation bonds in the amount not to exceed $60,000 to pay all or a portion of the costs thereof, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. ASBESTOS/LEAD SURVEY ASBESTOS/LEAD SURVEY - SELECTION OF VENDOR. Agenda Report No. 98-609. Various City departments require asbestos and lead paint survey services. A Request for Proposal was sent to nine (9) vendors to obtain the most qualified environmental service at a cost that would be most beneficial to the City. Six (6) vendors responded. Purchasing and Public Works reviewed the proposals. Each proposal was evaluated on the basis of qualifications, experience, references, and cost. Precision Environmental Services was selected because of their qualifications and ability to meet the Request for Proposal stated requirements. They were also the lowest bidder. The contract will not obligate the City to any specific purchases or volume of purchases on asbestos/lead surveys. It only provides the departments the ability to obtain asbestos/lead surveys from the most qualified, cost-effective vendor. The contract will be for one (1) year with annual renewal options for an additional two (2) years. Motion -- Knight moved that selection of Precision Environmental Services be approved and the Purchasing Manager be authorized to sign the contract. Motion carried -- carried 6 to 0. (Rogers absent) (Item No. 40) PROPERTY DISPOSITION SURPLUS PROPERTY LOCATED AT THE NORTHWEST CORNER OF MT. VERNON AND HYDRAULIC. (District I) Council Member Kamen Council Member Kamen declared a conflict of interest and abstained from participation on this Item. Agenda Report No. 98-610. The property under consideration is located at the Northwest corner of Mt. Vernon and Hydraulic, and is more properly and legally described as Lots 1 and 3, Except the East 10 feet and the South 20 feet, Strong’s Addition to Wichita, Sedgwick County, Kansas. This Property was acquired by eminent domain November 21, 1974 for the widening of Mt. Vernon. One of the adjacent owners has requested to purchase the property for parking. If declared surplus, the property will be offered for sale to the adjacent owners and the general public. The property contains approximately 3,900 square feet. A traffic control box is located on the Southeast portion of the property; therefore, that part of the property will be retained. All City departments and local government entities have been notified and have shown no interest in the property. The City will receive cash consideration for the sale of the property. The surplus and sale of this property to a private party will place additional value into the tax base. Motion -- Ferris moved that the property be declared as surplus and designated as -- carried available for sale to the general public. Motion carried 5 to 0. (Rogers absent) (Kamen abstained) STREET LIGHTING STREET LIGHTING RESOLUTION #3-98. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-98-280 A Resolution authorizing and directing Kansas Gas and Electric, a Western Resources Company, to install and/or change certain street lights in the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. ALCOHOL CONSUMPTION ORDINANCE PERTAINING TO CONSUMPTION OF ALCOHOL ON PUBLIC PROPERTY (WELLINGTON PLACE). (District VI) Agenda Report No. 98-611. State law (K.S.A. 41-719) prohibits the consumption of alcoholic liquor on public property. The law allows cities, by ordinance, to exempt certain property from this prohibition. The City of Wichita, from time to time, has passed an ordinance to exempt various public properties, including Century II, Wichita Mid- Continent Airport, Cowtown, Wichita Art Museum, Omnisphere, Indian Center, Lawrence-Dumont Stadium, Old City Building, Central Library, Union Station, Kansas Aviation Museum, Farm and Art Market, Botanica, Hyatt Regency Wichita Hotel and Conference Center, Exploration Place and the Ice Sports Center of Wichita, the Boat House and the open area directly south of the Hyatt Regency Wichita Hotel from this prohibition. With the City of Wichita now owning the historic residences “Wellington Place” located at 1847 Wellington Place, it is appropriate to add these properties to the list so that alcohol may be permitted to be consumed in connection with the activities at these properties. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance amending Section 4.04.045 of the Code of the City of Wichita, Kansas, pertaining to exemptions from the prohibition against consumption of alcohol on public property and repealing the original of said section, introduced and under the rules laid over. ORDINANCES SECOND READING ORDINANCES. (First Read June 23, 1998) a. 1998-1999 Bridge Design Program. (Districts II, III, IV and VI) ORDINANCE NO. 43-911 An Ordinance declaring 11th Street Bridge at the Wichita Drainage Canal, 21st Street Bridge at New York Street, 33rd Street North Bridge at the west drain, Harry Street Bridge at the Fabrique Ditch, Hydraulic Street Bridge at the Big Slough, Lincoln Street Bridge at Dry Creek, Lincoln Street Bridge at the Fabrique Ditch, Pawnee Street Bridge at Dry Creek, 55th Street South Bridge at the Big Slough (1998/1999 Bridge Design Program) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same , 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, Knight. b. 1998-1999 Intersection Reconstruction Program, Phase II. (Districts II, III, IV and VI) ORDINANCE NO. 43-912 An Ordinance declaring Maple at Seneca, 13th Street North at Waco, Meridian at McCormick, Seneca at McCormick, Pawnee at Hillside, 13th Street North at Broadway, 21st Street North at Mosley, Pawnee at Oliver, 13th Street North at Broadway, and the intersection of Central, Meridian, and McLean (1998-1999 Intersection Reconstruction Program) (472-82910) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same , 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, Knight. c. Z-3266 - Zone Change on the West side of Meridian, North of Interstate 235. (District IV) ORDINANCE NO. 43-913 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, Knight. Z-3266 d. Z-3278 - Zone Change from “B” Multiple-Family Residential to “LC” Limited Commercial. (District I) ORDINANCE NO. 43-914 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, Knight. Z-3278 e. Agreement with Central Kansas Railroad (CKR). (First read June 24, 1998) ORDINANCE NO. 43-915 An Ordinance authorizing the issuance of bonds by the City of Wichita, Kansas, for the purpose of providing funds to pay the cost of certain public improvements and authorizing the expenditure of funds for the purpose of making a cash grant to Central Kansas Railway, LLC., 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, Knight. FIRST READING ORDINANCES. Motion -- Knight moved that the following ordinances be placed on first reading. Motion -- carried carried 6 to 0. (Rogers absent) a. Special Assessment to pay for the cost of cutting weeds. ORDINANCE An Ordinance making a special assessment to pay for the cost of cutting weeds in the City of Wichita, Kansas, introduced and under the rules laid over. b. Special Assessment to pay for the cost of lot clean-up. An Ordinance making a special assessment to pay for the cost of abating certain public health nuisances (lot clean up) under the provision of Section 7.40.050 of the Code of the City of Wichita, Kansas, introduced and under the rules laid over. c. Special Assessment to pay for the removal of certain structures, being dangerous and unsafe buildings which have been declared a nuisance, introduced and under the rules laid over. ORDINANCE The Ordinance making a Special Assessment to pay for the removal of certain structures, being dangerous and unsafe buildings which have been declared a nuisance under the provision of Sections 18.16.010 to 18.16.090 of the Code of the City of Wichita, Kansas, introduced and under the rules laid over. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 45 through 49 and 52 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 45 through 49 be approved as consensus -- carried Items. Motion carried 6 to 0. V-2091 V-2091 - VACATE A PORTION OF UTILITY EASEMENT LOCATED IN AN AREA NORTH OF 13TH STREET NORTH AND EAST OF 143RD STREET EAST. Agenda Report No. 98-612. MAPC Recommendation: Approve vacation of utility easement. Staff Recommendation: Approve vacation of utility easement. The property owner proposes to construct three swimming pools that would encroach into the utility easement located on Lots, 22, 23 and 24, Block 4, Savanna at Castle Rock Ranch 7th Addition. The plat established rear utility easements of 20 feet. The planned pools on these lots necessitate the reduction of a portion of the rear utility easement as requested in order to fit the pools onto the lots. The vacation is for the east 10 feet of the 20 foot utility easement. Existing utilities are located on the west 10 feet of the easement, and no utilities are planned for the east 10 feet. No members of the public addressed the MAPC in opposition to this request, and the County Engineer and private utilities did not object to the request. The Subdivision Committee and MAPC both have recommended approval. The request is within 3-miles of the City of Wichita. This request for vacation is located on property outside the City of Wichita, but within three miles thereof. As such, no petition, publication of notification or public hearing is required before the Wichita City Council. Motion -- carried Knight moved that the Vacation be approved. Motion carried 6 to 0. (Rogers absent) EASEMENTS DEDICATIONS OF UTILITY EASEMENT AND ACCESS CONTROL LOCATED NORTH OF CENTRAL AND WEST OF GOW. (District VI) Agenda Report No. 98-613. Dedications are requirement of approved zone change request Z-3216. The Zone change was approved March 18, 1997. Motion -- Knight moved that the dedications be accepted and recorded with the Register of Deeds; and the Z-3216 Zone Change Ordinance be published. Motion carried -- carried 6 to 0. (Rogers absent) S/D 98-20 S/D 98-20 - PLAT OF BALTHROP 2ND ADDITION LOCATED ON THE NORTH SIDE OF CENTRAL, EAST SIDE OF GREENWICH ROAD. (District II) Agenda Report No. 98-614. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This site was annexed February 1998, and consists of 11 residential lots, three commercial lots and is governed by the Preston Trails Commercial Community Unit Plan (CUP). It will use the County’s Four-Mile Creek sanitary sewer system and a petition for sewer improvements will be handled by the County. Other petitions, 100%, have been submitted for municipal water and paving improvements. Both a City and County Certificate of petitions have also been submitted. A respread agreement for special assessments has been submitted. 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 off-street spaces be provided for such lot . A CUP Certificate has been provided identifying the approved CUP. A cross-lot circulation agreement has been submitted to provide for internal vehicular movement between the commercial lots. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petitions, Respread Agreement, Restrictive Covenants, CUP Certificate, and Cross=lot Circulation Agreement. 100 Percent Petition for Water Distribution System Number 448-89283 (north of Central, east of Greenwich) ($30,000 S.A.) 100 Percent Petition for improving of Bristol Court from the WL of Bristol to and including the cul-de-sac, Project No. 472-82949 (north of Central, east of Greenwich) ($63,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-98-282 Resolution of findings of advisability and Resolution authorizing Water Distribution System Number 448-89283 (north of Central, east of Greenwich) 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 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-98-283 Resolution of findings of advisability and Resolution authorizing improving of Bristol Court from the WL of Bristol to and including the cul-de-sac, Project No. 472-82949 (north of Central, east of Greenwich) 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 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. S/D 98-26 S/D 98-26 - PLAT OF BRUSH CREEK 3RD ADDITION LOCATED ON THE SOUTHEAST CORNER OF 37TH STREET NORTH AND WOODLAWN. (District II) Agenda Report No. 98-615. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This site consists of seven (7) commercial lots and one multi-family residential lot. The site is subject to the provisions of the Brush Creek Commercial and Residential Community Unit Plan. Petitions, 100%, have been submitted for City water, sanitary sewer, storm sewer and paving improvements. A Certificate of Petitions has also been submitted. In order to provide for shared access between the lots, a joint access easement has been provided. A Community Unit Plan (CUP) Certificate has been provided identifying the approved CUP. In order to provide for the ownership and maintenance of the reserves, the applicant has submitted a restrictive covenant. As required by the drainage plan for this site, a cross- lot drainage agreement has been obtained by the applicant. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petitions, Joint Access Easement, Restrictive Covenant, Cross-lot drainage agreement and CUP Certificate. 100 Percent Petition for Water Distribution System Number 448-89290 (east of Woodlawn, south of 37th Street North) ($89,000 S.A.) 100 Percent Petition for construction of Lateral 57, Main 9, Sanitary Sewer Number 23 (east of Woodlawn, south of 37th Street North) Project No. 468-82871 ($101,000 S.A.) 100 Percent Petition for construction of Storm Water Sewer No. 505 (east of Woodlawn, south of 37th Street North) ($102,000 S.A.) 100 Percent Petition for improving of left turn bay for south bound traffic on Woodlawn Boulevard to serve Lot 1, and; accel/decel land in Woodlawn Blvd and 37th Street North to serve Lots 1 through 8, from the south line of the plat, north and east to the east line of the plat, Project No. 472-82956 ($328,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-98-284 Resolution of findings of advisability and Resolution authorizing Water Distribution System Number 448-89290 (east of Woodlawn, south of 37th 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 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-98-285 Resolution of findings of advisability and Resolution authorizing construction of Lateral 57, Main 9, Sanitary Sewer Number 23 (east of Woodlawn, south of 37th Street North) Project No. 468-82871 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 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-98-286 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 505 Project No. 468-82872 (east of Woodlawn, south of 37th 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 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-98-287 Resolution of findings of advisability and Resolution authorizing improving of left turn bay for south bound traffic on Woodlawn Boulevard to serve Lot 1, and; accel/decel land in Woodlawn Blvd and 37th Street North to serve Lots 1 through 8, from the south line of the plat, north and east to the east line of the plat, Project No. 472-82956 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 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. S/D 98-57 S/D 98-57 - PLAT OF WESTWOOD HILLS 2ND ADDITION LOCATED SOUTH OF MAPLE, WEST OF TYLER. (District V) Agenda Report No. 98-616. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This plat consists of 13 residential lots permitted by an administrative adjustment to the Westwood Hills Community Unit Plan (CUP). Petitions, 100%, have been submitted for City water, sanitary sewer, and paving improvements. A Certificate of Petitions has also been submitted. To provide for off-street parking for lots adjacent to narrow streets, a covenant has been submitted requiring that four off-street spaces be provided for each lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petitions, Restrictive Covenant. 100 Percent Petition for construction of Water Distribution System Number 448- 89291 (south of Maple, west of Tyler) ($39,000 S.A.) 100 Percent Petition for construction of Lateral 4, Main 8, Southwest Interceptor Sewer (south of Maple, west of Tyler) Project No. 468-82873 ($25,000 S.A.) 100 Percent Petition for improving of Maybelle Court from the east line of Maybelle Avenue to and including cul-de-sac, Project No. 472-82958 (south of Maple, west of Tyler) ($84,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-98-288 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89291 (south of Maple, west of Tyler) 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 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-98-289 Resolution of findings of advisability and Resolution authorizing construction of Lateral 4, Main 8, Southwest Interceptor Sewer (south of Maple, west of Tyler) Project No. 468-82873 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 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-98-290 Resolution of findings of advisability and Resolution authorizing improving of Maybelle Court from the east line of Maybelle Avenue to and including cul-de- sac, Project No. 472-82958 (south of Maple, west of Tyler) 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 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. Z-3279 Z-3279 - REQUEST ZONE CHANGE FROM “SF-6" SINGLE-FAMILY TO “MF-29" MULTI-FAMILY (Item No. 50) DWELLING, LOCATED SOUTH OF MAPLE AND EAST OF 135TH STREET WEST. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-617. MAPC Recommendation: Approve, subject to platting within 1 year and to the additional provisions of a Protective Overlay. CPO Recommendation: Approve. Staff Recommendation: Approve, subject to platting within 1 year and to the additional provisions of a Protective Overlay. The applicant requests a zone change from “SF-6" Single-Family to “MF-29" on an 8.2 acre preliminary platted tract located south of Maple and east of 135th Street West. This would allow the applicants to construct an apartment complex on this property as part of the Auburn Hills Addition. The “MF-29" Multi-Family Zoning District requires 1,500 square feet per unit for multi-family development with a maximum of 29 dwelling units per acre. Therefore, the applicants could possibly construct 237 units on these 8.2 acres. However, the applicants have stated it is not their intention to construct the maximum number of units on this property, but will construct more than permitted within the “MF-18" zoning district (maximum of 17.4 dwelling units per acre). The applicant has agreed to a protective overlay on this property to address the design of the apartment complex, including conditions on building size, wall and roof forms and materials, landscaping, childrens’ play area, and setback from the most affected single family lots to the east. The applicant will be required to meet the landscaping and screening requirements of the Landscape Ordinance and Unified Zoning Code due to a multi- family development located adjacent to single-family residential zoning district. These requirements include landscaping along 135th Street West as well as a 15 foot landscaped buffer along the east property line adjacent to “SF-6" zoning, with one shade tree and 5 shrubs for each 30 feet in length of the buffer, or a solid screening fence with lesser landscaping. However, the landscaping could possibly be waived along the south property line, if it is found the proposed golf course will provide sufficient undisturbed natural foliage. The applicant will also be required to meet the compatibility setback and height standards unless a variance request is approved by the Board of Zoning Appeals. According to the applicant, 135th Street West will be moved farther west to allow for the construction of the golf course just south of this site. This site is surrounded on the north by Auburn Hills Commercial Addition and unplatted land. East of this site is Auburn Hills 3rd Addition, a single-family residential development. South of this site and west across 135th Street is undeveloped agricultural land proposed as the Auburn Hills Golf Course. At the June 10th CPO 5 meeting, no citizens appeared in opposition, and CPO members voted (4-3) to recommend approval of the request. Their action included a recommended 2 story limitation and a masonry wall between the apartments and the adjacent golf course that is planned. Those voting in opposition were concerned that neighbors to the east may not have been notified of the request. At the June 11th MAPC hearing, the applicant’s agent spoke about this request and the proposed use of this property. No one spoke in opposition to this request. After limited discussion, the MAPC unanimously approved the request, subject to platting within one year and the additional provisions of a protective overlay, but rejected the additional recommendations of CPO 5. Mayor Knight momentarily absent with Vice Mayor Gale in the Chair. Motion -- Ferris moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City -- carried Council. Motion carried 6 to 0. (Rogers absent) Z-3280 Z-3280 - REQUEST A ZONE CHANGE FROM “SF-6" SINGLE-FAMILY DISTRICT TO “TF-3" TWO- (Item No. 51) FAMILY RESIDENTIAL LOCATED NORTH OF TAFT AND EAST OF DUGAN. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-618. MAPC Recommendation: Deny. CPO Recommendation: Approve. Staff Recommendation: Deny. The applicant requests a zone change from the “SF-6" Single Family District to the“TF-3" Two-Family District on lot 1 located north of Taft and east of Dugan in order to build a 1,540 square foot per unit duplex. The applicant owns a single-family home on lot 2 just east of the property. The property will have access to and faces Taft. Other than the applicant’s existing single-family home located east of the site and the proposed duplex, none of the other existing homes in that block face front to Taft. The south side of Taft is developed with a big box retailer which backs onto Taft and is zoned “GC”, General Commercial. This site is located in the flight path of Mid-Continental Airport. At the June 10th CPO meeting only one neighbor attended and spoke in opposition, and CPO voted (5-2) to support the request. At the June 11th MAPC hearing, several neighbors attended and spoke in opposition to this request. They voiced concerns about access to Taft and putting a duplex in an area that is single family to the east and west with a vacant lot to the north. After discussion of the MAPC voted unanimously to deny the request, based on character of the neighborhood, opposition of neighborhood residents and recommendation of professional staff. The MAPC also felt approval of the request would raise questions about the possible uses of the vacant unplatted land to the north Motion -- Ferris moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC to deny be approved. Motion carried -- carried 6 to 0. (Rogers absent) Z-3281 Z-3281 - REQUESTS ZONE CHANGE FROM “GO” GENERAL OFFICE TO “SF-6" SINGLE-FAMILY (Item No. 52) RESIDENTIAL, LOCATED ON THE NORTHEAST CORNER OF 11TH STREET NORTH AND EMPORIA (1202 NORTH EMPORIA). (District VI) Agenda Report No. 98-619. MAPC Recommendation: Approve. CPO Recommendation: Approve. Staff Recommendation: Approve. The applicant requests a zone change to “SF-6" Single-Family Residential on property including 2 platted lots and a portion of a 3rd lot, located on the northeast corner of Emporia and 11th Street North (1202 N. Emporia). The lots are currently zoned “GO” General Office with a Historic District overlay that extends along Topeka and Emporia Streets between 10th and 13th Streets North and developed with a two story home. The request is being made because the appraiser will not provide an appraisal value sufficient enough to grant a residential loan without the zone change. The application area is surrounded by single- family homes, except for an apartment building, located south of the application area. At the June 11th MAPC hearing the applicant spoke about the proposed use of this site. No one spoke in opposition of the zone change. The zone change would be in keeping with efforts to promote and preserve the residential nature of Midtown. After discussion of the MAPC voted to approve the request based on character of the neighborhood, the Comprehensive Plan and recommendation of professional staff. Motion -- Cole 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. Motion carried -- carried 6 to 0. (Rogers absent) 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. OFF AGENDA ITEMS Motion -- Knight moved that the rules be set aside and two Items be taken up off the Agenda. -- carried Motion carried 6 to 0. (Rogers absent) NORTHWEST SEWER SEWER MASTER PLAN: NORTHWEST WICHITA ALTERNATIVES Council Member Ferris Council Member Ferris said a comprehensive education process has been undertaken with regard to the Northwest Sewer Study, and a tour of a facility is scheduled for this evening. Monday evening, July 13, 1998, Council Member Ferris will hold a public meeting to continue the education process and explain City Council procedures. The public hearing will be set for the City Council meeting, Tuesday, July 14, 1998, at 1:00 p.m. Persons wishing to address the Council should sign up to speak prior to 12:30 p.m. The pro/con speaker rotation procedure will be waived. If there are more than fifteen speakers, three minutes per person will be allotted. The area neighbors will be informed that if two or three persons are designated as speakers representing an area, more than three minutes will be granted per designated speaker. Written comments can be presented to the City Council and added to the record. The hearing will not be stopped after twenty-five speakers. There was no further action taken on this Item. NIKE OPEN 1998 NIKE OPEN Council Member Ferris Council Member Ferris explained that the extreme heat and limited rainfall this summer is causing major problems for the promoters of the Nike Open scheduled to start on July 22nd. Absent large scale watering, the course will not be in sufficient condition for professional play. The Nike Open provides a major event which donates substantial sums to local charities and it is an economic development tool in showcasing the Wichita community. In the past, the Council has agreed to fund $15,000 in water costs for the tournament. Motion -- Ferris moved that water be provided at the lowest block rate for any water pumped by the course managers during the hours of 11:00 p.m. until 5:00 a.m. Pumping will be monitored to ensure compliance with the time period; the $15,000 1998 support of the Nike Open be increased by an additional $15,000 to assist in the financing of water costs; and the Water Utility and Finance Department be instructed to move forward with those two provisions. Council Member Lambke Council Member Lambke said he could sympathize because there has been no rain but the City of Wichita residents have to pay super high rates and part of the subsidy for watering for the Nike Open. Council Member Ferris Council Member Ferris stated that all other quality of life issues throughout the community are subsidized - except golf. Council Member Lambke Council Member Lambke said this is a quality of life issue only for those who participate in golf. Mayor Knight Mayor Knight stated that all citizens benefit from economic development and betterment of the community. -- carried Motion carried 5 to 1. Lambke - No. (Rogers absent) (The Council returned to take up time-certain Item No. 8. Action is shown with the Item in Agenda order.) EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider personnel matters of non-elected personnel and the regular meeting be resumed no sooner -- carried than 11:20 a.m. in the City Council Chambers. Motion carried 6 to 0. (Rogers absent) RECESS Council recessed at 11:00 a.m. and reconvened in regular session at 11:28 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. RECESS The City Council recessed at 11:28 a.m. and reconvened in regular session at 3:35 p.m. at the East Police Substation, 350 South Edgemoor. Wichita, Kansas, July 7, 1989 Tuesday, 3:35 p.m. East Police Substation, 350 S. Edgemoor The City Council met in regular session with Vice Mayor Gale in the Chair. Council Members Ferris, Kamen, Lambke; present. Mayor Knight, Council Members Cole, Rogers; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. A 98-9 A 98-9: THE CITY OF WICHITA SEEKS THE ANNEXATION OF LAND GENERALLY LOCATED SOUTH AND EAST OF HARRY STREET AND WEBB ROAD. Agenda Report No. 98-586. On March 5, 1998 the City Council adopted a resolution that established July 7, 1998 at 3:30 p.m. at the East Police Substation, 350 S. Edgemoor, Wichita, Kansas as the time and place for a public hearing on the question of annexing certain, eligible properties generally located south and east of the intersection of Harry Street and Webb Road. The land considered for annexation is the Webb Road Addition together with two separate unplatted tracts. An informational meeting on the proposed annexation was held on June 23, 1998 at the East Police Substation. One property owner attended the meeting. At the meeting, the property owner asked questions regarding the timing of arterial street projects in the area and expressed an interest in getting an additional access point to the street for his business. In accordance with Kansas 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 helps to simplify the boundaries of Wichita in this area by adding properties to the corporate limits that are within a small enclave of Sedgwick County that is entirely surrounded by land in the City of Wichita. The analysis of the proposed annexation is contained in the plan. The total appraised value of the land and improvements in this parcel is $1,903,830, with a resulting annual City Ad Valorem tax revenue of approximately $14,438. 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. 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 June 11, 1998. 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. At the public hearing, Kansas 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 whether anyone wished to speak and no one appeared. Motion -- Kamen moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 4 to 0. (Cole, 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 98-5 EXECUTIVE SESSION Motion -- Gale moved that the Council recess to executive session to consider potential litigation and legal advice, and the regular meeting be resumed at 3:40 p.m. in -- carried the City Council Chambers. Motion carried 4 to 0. (Cole, Rogers, Knight; absent) RECESS Council recessed at 3:37 p.m. and reconvened in regular session at 3:41 p.m. Vice Mayor Gale Vice Mayor Gale announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 3:41 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 166 JULY 7, 1998