MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, September 16, 1997 Tuesday, 9:04 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Kamen, Rogers; present. *Council Members Ferris, Gale; absent. Ray Trail, Director of Finance, representing the City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Patt Herdklotz, First Unitarian Universalist Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of September 9, 1997, were -- approved approved 5 to 0. (Ferris, Gale; absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. PUBLIC AGENDA Comments by Dona M. Baba. *Council Member Ferris present. Dona M. Baba Dona M. Baba, 910 N. Coolidge #6, an original members of Citizens for Recycling, proposed that the City Council form a task force to: 1) explore mining of the landfill, 2) research how other communities do the same, and 3) report back to the City Council. Ms. Baba said she estimated that 1/3 of the landfill could be cleaned out by the year 2000. There would be no need for a new landfill as the present landfill would last an additional 10 years. Recycling program implementation is presently available and the system should be enlarged. Ms. Baba asked that the recycling program go a step farther. *Council Member Gale present. Council Member Kamen Council Member Kamen said Ms. Baba has good foresight. Presently, there is a lot working against landfill mining because of the lack of market. Landfills will be mined in the future. There are valuable items in the landfill and the cost of new landfills is expensive. NEW BUSINESS LEARJET ECONOMIC DEVELOPMENT ASSISTANCE FOR LEARJET PAINT AND DELIVERY CENTER. (District V) Council Member Cole declared a conflict of interest and abstained from participation. Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-800. Learjet is nearing completion of construction of a new aircraft finishing and delivery center at its west Wichita Plant. In January 1997, officials of Learjet, led by its President, Mac Beatson, met with City and County officials to request assistance in the development of the new paint and delivery center located on land leased from the Wichita Airport Authority. The proposed incentive package includes Special Facility Revenue Bonds to be issued by the Airport Authority, $125,000 in development funds from the City and County each, enterprise zone tax incentives and training funds from the State of Kansas and assistance from the City in facilitating the construction permitting and inspection process. The 66,000 square foot Paint and Delivery Center will allow Learjet to deliver finished aircraft directly to its customers from its Wichita headquarters for the first time in nearly 20 years. Until now, all such activities have been carried out at Learjet's finishing and delivery center located in Tucson, Arizona. Current plans call for continuing to paint and deliver Learjet Models 30 and 60 aircraft at the Tucson facility and to move painting and delivery of the Learjet Model 45 to Wichita. In addition, the Wichita facility will be used by Bombardier Aviation Services for repainting operations on all Learjet models. Learjet estimates that as many as 100 new Model 45s and 35 repaints will pass through the new facility in Wichita per year. One result of the development of the new Paint and Delivery Center will be the full integration of production of Learjet's Model 45 aircraft at the Wichita plant, from design engineering all the way to finishing and delivery of the aircraft to customers. Learjet estimates that this production integration in Wichita will result in an increase in production of between 180 and 200 employees. Of that number, between 45 and 50 will work in the Paint and Delivery Center. The requested $125,000 in development assistance will be paid from the general fund appropriated reserves. Jeff Bahr Jeff Bahr, Learjet, reviewed progress and plans of Learjet. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the City assistance funding allocation in the development of -- carried Learjet's Paint and Delivery Center be approved. Motion carried 6 to 0. (Cole abstained. PAVING PETITION PETITION TO PAVE BUTLER STREET FROM K-15 HIGHWAY TO CLIFTON. (District III) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 97-801. The signatures on the Petition represent 15 of 28 property owners (48% by area) of the improvement district. The improvement Petition was filed with the City on June 3, 1997, and CPO Council 3 considered the Petition on August 28, 1997. The Council voted 7-0 to recommend approval of the project. This petition is the result of efforts spanning at least 15 years of staff working with paving proponents in the neighborhood to attempt to obtain majority support for paving not only Butler, but the other unpaved streets in this neighborhood as well. Staff provided petitions to pave all of the unpaved streets in the neighborhood and held an informational meeting with property owners on January 21, 1997. Since that time, staff has prepared a petition to pave Butler using the traditional front street/side street method of defining the improvement district. When that petition failed to gain majority support, staff responded by providing the petition that is now being presented to the Council for consideration. Butler is a sand street that serves a neighborhood of single family homes. The street drains poorly and is difficult to maintain. The estimated project cost is $133,000. The funding source is Special Assessments. The estimated assessment to individual residences is $6,260. A protest Petition signed by 17 of 28 owners was submitted on August 27, 1997. The Law Department has determined that four of the signatures on the protest Petition are invalid because those owners also signed the petition requesting the paving. Therefore, the protest Petition does not contain signatures of both a majority of owners and a majority of area as required by law. Gary Rebenstorf Director of Law said the petition is valid. There were four persons who signed the original petition and then signed the petition against the project; however, the petition against the project was submitted too late to remove their names from the original petition. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Fred Schaar Fred Schaar, 3227 E. Butler, spoke against the project. Mr. Schaar said the rules had been changed, some people on Butler were not included because it was known they would be against the project, and some signatures were invalid. Mike Lindebak City Engineer stated that the petition was signed by 14 of 27 resident owners and that the contract purchaser had not been counted towards the total for validation. Ms. Donald Blake Ms. Donald Blake, 3234 Butler, said she had circulated the petition and asked the Council to approve the project in an effort to get rid of dust and hazards. William Brown William Brown, 3335 Butler, said paving would destroy the character of the neighborhood. Mr. Brown also questioned how an additional name could be added to the petition after the 6th day. William Storie William Storie, 3207 Butler, urged approval of the project and stated that people slide off the sand and go into his yard. Water is also a problem as it washes out the street and fills the ditches with sand. Betty Schaar Betty Schaar, 3227 E. Butler, said there is a mobile home trailer park nearby and if the paving is approved traffic will be increased because all of the trailer park residents use the paved street. Ms. Schaar said the rules had been changed and everyone on the street should have a vote on this issue. Mike Lindebak City Engineer said the only thing unusual about this project is that people have wanted to have paving for several years. The positions of neighbors were understood and the petition was not circulated to those against the project. The petition circulated asked for the area to be covered. Gary Rebenstorf Director of Law explained that said those against the project could file a lawsuit within 30 days of adoption of the Resolution stating that the process was inappropriate. Motion -- Lambke moved that the Petition(s) be approved and the Resolution(s) be adopted. -- carried Motion carried 6 to 1. Kamen - No. RESOLUTION NO. R-97-322 Resolution of findings of advisability and Resolution authorizing improvement of Butler Street, (from the east line of K-15 State Highway to the west line of Clifton) (Project Number 472-82864) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Lambke moved that the Resolution be adopted. Motion carried 6 to 1. Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. Nays: Kamen. MURDOCK BRIDGE REPLACEMENT OF THE MURDOCK BRIDGE OVER THE WICHITA DRAINAGE CANAL. (District I) Bill McKinley Traffic Engineer reviewed the Item. Agenda Report No. 97-802. The Murdock Bridge over the Wichita Drainage Canal (under I- 135) was built in 1925. The roadway deck and substructure are in fair to poor condition. The design and construction of a major rehabilitation or replacement of the bridge was programmed in the Capital Improvement Program (CIP No. B-9204, pg. 116) for design to begin in 1997 and construction to begin in 1999. Mid- Kansas Engineering Consultants (MKEC) was hired to design rehabilitation improvements to the bridge. MKEC is also employed to design improvements to the Drainage Canal in the section that includes Murdock. As MKEC began its initial evaluation and design of improvements to the bridge, it questioned the need to rehabilitate the existing structure versus replacement for the following reasons: * Because of the massive support piers of the existing bridge, the current structure causes an impediment to the flow of water in the Canal, causing the water flow to backup approximately 1.1 feet higher compared to removing the structure, and approximately 1.0 feet higher than a replacement bridge. * Traffic volumes are fairly light averaging around 1,200 vehicles per day. * Bridges approximately 1/4 mile north and south of Murdock at Central and 9th Street provide reasonable alternate crossings of the Canal. * The neighborhood on the east side of the bridge is primarily residential, while the neighborhood on the west side contains more commercial and industrial uses. * The capital cost of approximately $500,000 to replace the existing bridge. Two public meetings were held with neighborhood residents, property owners and representatives to discuss the possible closure. After discussion at both meetings, on July 14, 1997 CPO Council I voted 6-0 in favor of replacing the bridge and on July 17, 1997. The Traffic Commission also voted 6-0 in favor of replacing the bridge. Based on the neighborhood response and the votes of the CPO Council and the Traffic Commission, staff recommends replacement of the existing bridge. Funding is programmed in the current CIP document for replacement of this bridge. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the replacement of the existing bridge be approved. Motion -- carried carried 7 to 0. DOWNTOWN EVENT CENTER DOWNTOWN EVENT CENTER FEASIBILITY STUDY. Ray Trail Director of Finance reviewed the Item. Agenda Report No. 97-803. In late 1996 and early 1997, the Long Range Planning Task Force conducted an examination of the community's needs in the area of economic growth and development. The Task Force prioritized several major areas in which concentrated efforts are required to ensure the continued growth and vitality of the Wichita-area economy, including: business climate, diversification, education and training, image and marketing, infrastructure, leadership, and quality of life. Ad hoc committees were formed to study and make recommendations for initiatives in each of these areas. The result was over 80 recommendations for specific actions. Both the Committee on Infrastructure and the Committee on the Quality of Life recommended the City initiate a market feasibility study for the development of a multi-use event center located in downtown Wichita. As follow-up to the work of the Long Range Planning Task Force, the Strategic Review Committee, reviewed the recommendations (of the Task Force) and supported eight initiatives that it felt required immediate attention, including a feasibility study for a downtown event center. Sedgwick County had previously planned to engage the services of a consultant to study the market feasibility of adding an 18,000-seat outdoor amphitheatre to its Kansas Coliseum complex located north of Park City. In consultation with the Wichita Area Sports Commission, the Wichita Downtown Development Corporation, Wichita State University and the Strategic Review Committee, the County agreed to expand the scope of the consultant's work to include a feasibility study of a downtown event center. A selection committee, comprised of representatives of these organizations and the City and County, interviewed several firms and selected the firm of KPMG Peat Marwick to conduct the study. The County agreed to maintain the same level of funding as it had previously committed to the amphitheatre study, $60,000 plus expenses. The cost of the expanded study will be $105,000 plus expenses. The Sports Commission, the Downtown Development Corporation and the Convention and Visitor's Bureau have each committed $5,000 to funding the expanded feasibility study, while WSU has committed $10,000. The City of Wichita is being asked to contribute $20,000. The consultant will begin work as soon as the City's financial participation is approved. The County has indicated that a final report from the consultant will be due by December 1, 1997. The study will take place in four phases: Market Analysis; Financial Analysis; Financing and Development Strategies; and Economic Impact. A preliminary report will be provided after completion of the second phase (Financial Analysis) and a determination made whether or not to continue to the third and fourth phases. A working group comprised of one representative each from the City, County, WSU, Sports Commission, CVB, Downtown Development Corp. and the Kansas Coliseum will assist the consultant. The City's contribution to funding the feasibility study will be paid from the 1997 Revised Budget allocation. The contract for consulting services with KPMG Peat Marwick will administered through Sedgwick County. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that funding for the City's contribution to the market feasibility study be approved and Staff's involvement in the outdoor amphitheatre and a -- carried downtown event center study be authorized. Motion carried 7 to 0. DOUGLAS STREET PARKING REPORT ON EXPANDED DOUGLAS STREET PARKING. Ray Trail Director of Finance said an expansion of hours and area on Friday and Saturday nights (trial basis) for the Old Town Douglas Street parking was approved by the City Council in August, 1997, with the understanding that a Staff review and report would be returned to the Council following the trial period. On further review of the matter, the proposal presented to the City Council requires further staff review to resolve concerns about access by emergency vehicles. It is recommended that the Council continue the expanded parking on a temporary basis and defer consideration of the Item for three weeks until October 7, 1997, with Staff and representatives of the Old Town Association to meet in the interim to fine tune the parking plan. Motion -- Cole moved that this Item be deferred until October 7, 1997. Council Member Rogers Council Member Rogers said that additional weighted value should be given to what the Fire Chief has been saying because that is a primary consideration in an instance like this. -- carried Motion carried 7 to 0. ADDENDUM ITEM IRB - GRAND HERITAGE LEASE AMENDMENT AND CHANGE OF INDUSTRIAL REVENUE BOND TRUSTEE FOR GRAND HERITAGE HOTEL. (District VI) Allen Bell Director of Financial Projects reviewed the Item. Agenda Report. In December 1996, the City issued its Series XIV-A and subordinate Series XIV-B Taxable Industrial Revenue Bonds to finance acquisition and renovation of the Broadview Hotel, by Historic Hotel Partners of Wichita, L.P. ("HHP"). As is usual in such transactions, HHP as the IRB Tenant, holds only a Leasehold estate in the property. The original Lease did not contemplate or provide for the Tenant's granting of mortgages on its Leasehold to secure loans. HHP now wishes to grant such a mortgage, to secure a loan it seeks from Patriot American Hospitality Operating Partnership ("Patriot"). As part of its security, Patriot requires some assurance that its Leasehold Mortgage will be authorized under the Lease, and also requires some assurance that in the event of a default by the IRB Tenant (HHP), the Lease will not be terminated without affording Patriot an opportunity to step in and cure the Tenant's default. To accomplish these goals, HHP has requested that the City authorize an amendment to the original IRB Lease. The leasehold mortgage loan from Patriot to HHP is contemplated as a step in the process of HHP selling is leasehold interest in the Broadview property, under the IRB Lease, to the Patriot American real estate investment trust. Pursuant to Patriot's underwriting standards, the sale of the property cannot be completed until the financial performance of the hotel reaches the break-even point in terms of cash flow. The leasehold mortgage, in the amount of $3.25 million, will allow HHP to complete the renovation of the hotel guest rooms (in the amount of $2.5 million) and provide operating and debt service support to the hotel. When the operating finances of the hotel permit, the leasehold mortgage will be retired with the proceeds of the sale of the hotel to Patriot. The hotel will continue to be operated by Grand Heritage Hotels, which itself is being acquired by Patriot as part of the overall deal. In addition to the City's consent to the proposed lease amendments or the leasehold mortgage, consent to the changes by the IRB Trustee and the Bondholder of the senior Series XIV-A Bonds are also required. Counsel for Midland Bank, Lee's Summit, Missouri, holder of the Series XIV-A Bonds, has advised the Law Department that Midland consents to the proposed amendment. With respect to the Trustee's consent, the matter is complicated by a change of Trustee which is currently in process. Bank IV, N.A., was the original trustee, and has since been rapidly succeeded by the other entities through merger, and finally, the sale of the former Bank IV trust department to Bank of New York. HHP has asked that the City agree to substitution of Intrust Bank, N.A., Wichita, Kansas as Trustee. Because Intrust Bank, N.A., as the anticipated successor Trustee, is the Trustee that has furnished the Trustee consents relating to the proposed lease amendment, the City's Resolution authorizing the change in trustees needs to be approved in order for the proposed lease amendment to be approved. For this reason, the Resolution approving the change in Trustees and the Ordinance approving the Amendment to Lease Agreement have been set on the Agenda together. The Patriot loan should provide HHP with funds to further its operations and renovations at the Broadview Hotel. The City should incur no costs in approving the lease amendment, and HHP will pay any costs incurred in connection with the review of the lease amendment and the preparation of the authorizing Ordinance. These functions were performed by the firm of Hinkle, Eberhart & Elkouri, L.L.C., in view of its previous role as Bond Counsel in the issuance of the Series XIV-A and Series XIV-B Bonds, and its familiarity with the structure of the Bond financing. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Ed Blume Ed Blume, Grand Heritage Hotels, said the renovations should be completed in six months. Motion -- Cole moved that the Resolution be adopted; the Declaration of Emergency be approved and the Mayor be authorized to sign; and the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with -- carried K.S.A. 12-3001. Motion carried 7 to 0. RESOLUTION NO. R-97-321 A Resolution of the Governing Body of the City of Wichita, Kansas, acknowledging the removal of Nationsbank N.A. (Mid-west), successor by merger to Bank IV N>A>, as Trustee under certain trust indenture entered into as of December 1, 1996, between the City and said bank as trustee, and appointing Intrust Bank N.A., Wichita, Kansas, as successor trustee, presented. Cole moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. ORDINANCE NO. 43-572 An Ordinance of the City of Wichita, Kansas, authorizing the execution of an amendment to lease agreement by and between the City and Historic Hotel Partners of Wichita, L.P. in connection with the City's Taxable Industrial Revenue Bonds, Series XIV-A, 1996 (Historic Hotel Partners of Wichita, L.P.) and Subordinated Taxable Revenue Bonds, Series XIV-B, 1996 (Historic Hotel Partners of Wichita, L.P.), dated December 1, 1996. Cole moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. CITY COUNCIL AGENDA APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999) Art Museum Board (6 appointments - Knight, Cole, Ferris, Gale, Rogers, Kamen) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect) Board of Appeals of Plumbers and Gas Fitters (1 appointment - Public at large) Board of Code Standards and Appeals (2 appointments - City Manager - 1 Citizen at large, 1 Architect) Board of Electrical Appeals (1 appointment - Public at large) Civil Rights and Services Board (1 appointment - Lambke) Commission on the Status of People with Disabilities (1 appointment - Gale) Group Life Insurance Board (2 appointments) Library Board (2 appointments - Lambke) Police and Fire Retirement Board of Trustees (1 appointment - Lambke) Wichita Athletic Commission (3 appointments) Wichita Employees' Retirement Board (2 appointments - Lambke, Knight) Wichita-Sedgwick County Board of Health (1 appointment - Veterinarian) There were no appointments made. PROCLAMATIONS PROCLAMATIONS. -- Great American Smokeout Day -- Leukemia Awareness Month -- Arts and Humanities Month Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 19, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED SEPTEMBER 15, 1997. At 10:00 a.m., Friday, September 12, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report is attached to Board of Bids Minutes September 15, 1997.) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 97 CONTRACT MAINTENANCE ARTERIAL MILL AND OVERLAY, PHASE II (132281) Ritchie Paving - $109,225.00 (Engineer's Construction Estimate) Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. FIRE DEPARTMENT: FIREFIGHTERS PROTECTIVE CLOTHING (070136) Group I - $54,013.40(Total net bid) - Danko Emergency Equipment Company Group II - $ 4,407.00(Total net bid) - Danko Emergency Equipment Company Group III - $ 3,582.00(Total net bid) - Danko Emergency Equipment Company Group IV - $ 4,462.50(Total net bid) - Danko Emergency Equipment Company Group V - $ 1,296.00(Total net bid) - Danko Emergency Equipment Company PARK AND RECREATION DEPARTMENT/PLAYGROUND EQUIPMENT FOR WILDWOOD PARK:(785667) GROUP I - Little Tikes - $7,554.75 Add Alternate #1 - $2,938.00 GROUP II - Little Tikes - $986.70 Add Alternate #1 250.00 Group III - Little Tikes - $5,695.00 DEPARTMENT OF WATER AND SEWER/SEWAGE TREATMENT:SEWAGE AIR RELEASE VALVES (632166) Fluid Equipment Co., Inc. - $21,294.00 (Total Net Bid) DEPARTMENT OF WATER AND SEWER/SEWAGE TREATMENT:FIBERGLASS GRATING (632166-3799) Hajoca Corporation - $9,914.40 (Total net Bid) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption on Premises) Malvin E. Walker E & H Recreation2225 East Ninth Michael V. Pham Hometown BBQ* 1315 South Central Lora G. Swaim Lora's Tap Room815 West 11th Dennis H. Grady Wichita Canteen Company, Inc.1845 Fairmount (Consumption off Premises) Ronald G. Belinsky 7-Eleven Store #9093405 South West Street Ronald G. Belinsky 7-Eleven Store #9115530 East Central Ronald G. Belinsky 7-Eleven Store #912277 South Ridge Road Ronald G. Belinsky 7-Eleven Store #913707 North Waco Ronald G. Belinsky 7-Eleven Store #916455 North Broadway New Establishment 1997 (Consumption on Premises) Ruben Hernandez, Jr. Un Ratito Lounge3537 North Broadway Roman Romero Angela's Cafe #4*2119 West 21st Street *General Retailer - 50% or more of gross receipts derived from sale of food. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. SUB. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. 1. Regency Lakes from the south line of the plat north to the south line of Ayesbury; Ayesbury from the north line of Lot 57, Block 1, east to the northern most line of Lot 21, Block 1; Brandon Circle from the south line of Ayesbury south to and including the cul-de-sac; Ayesbury Court from the south line of Ayesbury to and including the cul-de-sac; Regency Lakes Courts from the east line of Regency Lakes to and including the cul-de-sacs to serve Lots 1 through 5 and Lots 6 through 11, Block 1, and; Regency Lakes Courts from the west line of Regency Lakes to and including the cul-de-sacs to serve Lots 1 through 10 and Lots 11 through 15, Block 3 Regency Lakes and Regency Lakes 2nd Additions (north of 21st Street North, west of Greenwich Road). (472-82811/764258/490528) Does not affect existing traffic. (Council approval date 7-29-97) (District 2) 2. Water Distribution System to serve Eck 4th Addition (south of 21st Street North,, west of West Street). (448-89107/734046/470482) Traffic to be maintained during construction. (Council approval date 7-29-97) (District 5) 3. Storm Water Sewer #491 to serve Oak Ridge 2nd Addition (north of 29th Street North, west of Ridge Road). (468-82725/751057/485140) Does not affect existing traffic. (Council approval date 7-15-97) (District 5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., September 26, 1997. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. West Street Paving, Fire Hydrant Relocations along West Street, and 6" Water Line along Elm Street from West Street to 175 feet east of West Street (Central to Zoo). (472-82782/448-88714/706564/635342/405-210/544-634) Traffic to be maintained through construction. (Council approval date 3-18-97) (Districts V and VI) - $1,496,648. b. Water Distribution System to serve Rocky Creek Addition (north of 13th, east of 127th Street East). (448-89120/733907/470-468) Does not affect existing traffic. (Council approval date 3-4-97) (District n/a) - $64,000. c. Water Distribution System to serve Wilson Farms Addition (south of 21st, east of Rock). (448-89157/733956/470-473) Does not affect existing traffic. (Council approval date 7-1-97) (District II) - $118,900. d. Water Distribution System to serve Wilson Farms Addition (south of 21st, east of Rock). (448-89159/733998/470-477) Does not affect existing traffic. (Council approval date 7-1-97) (District II) - $109,500. e. Water Distribution System to serve Wilson Farms Addition (south of 21st, east of Rock). (448-89161/734020/470-480) Does not affect existing traffic. (Council approval date 7-1-97) (District II) - $94,300. f. Pave Bridgefield from the north line of the plat south to the east line of Reserve "H"; Hawthorne from the east line of Reserve "H" east to the east line of the plat; Gateway from the north line of the plat south to the north line of Hawthorne; Gateway Circle from the south line of Hawthorne south to and including the cul-de-sac; Sidewalk along the west side of Bridgefield, the south side of Hawthorne, and west side of Gateway; Bridgefield Place from the west line of Bridgefield northwest to the north line of the plat; Bridgefield Court, Lots 1 through 6, Block D, from the east line of Bridgefield east to and including the cul-de-sac; Bridgefield Court, Lots 7 through 12, Block D, from the east line of Bridgefield east to and including the cul-de-sac; Gateway Court, Lots 1 through 8, Block E, from the east line of Gateway east to and including the cul-de-sac; Gateway Court, Lots 9 through 1, Block E, from the east line of Gateway east to and including the cul-de-sac; Gateway Court, Lots 4 through 8, Block C, from the west line of Gateway Circle west to and including the cul-de-sac Bridgefield Addition (south of Central, east of 127th Street East). (472-82824/764340/490-537) Does not affect existing traffic. (Council approval date 5-13-97) (District II) - $754,000. g. 1997 Sewer Response Plan Raise Buried Manholes, Set 2 at various locations. (468-82761/621805/533-291) Traffic to be maintained through construction. (Council approval date 1-7-97) (District V) - $70,000. h. 1997 Sewer Response Plan Raise Buried Manholes, Set 3 at various locations. (468-82762/621813/533-292) Traffic to be maintained through construction. (Council approval date 1-7-97) (Districts II & III) - $85,000. Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. BOARD MINUTES MINUTES OF ADVISORY BOARDS. Board of Park Commissioners, 8/11/97 City Manager's Aesthetic Review Team, 8/11/97 CPO Southeast Council 3, 8/28/97 CPO Southwest Council 4, 8/28/97 Metropolitan Area Planning Commission, 7/31/97 Police & Fire Retirement System, 8/27/97 Sister Cities Advisory Board, 8/15/97 Wichita Employees' Retirement System, 8/27/97 Wichita Public Building Commission, 1/2/97 Wichita Public Building Commission, 1/14/97 Wichita Public Building Commission, 3/5/97 Wichita Public Building Commission, 6/4/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. ASSESSMENT ROLLS PROPOSED ASSESSMENT ROLLS. Proposed Assessment Rolls have been prepared for 24 sewer projects, and it is necessary to set a public hearing date. Informal hearing with City personnel will be held September 24, 1997. Motion -- Knight moved that the hearing on the Proposed Assessment Rolls be set for 11:00 a.m., Tuesday, October 7, 1997, and the City Clerk be directed to publish the notices of hearing at least once not less than 10 days prior to the date of the -- carried hearing. Motion carried 7 to 0. MCLEAN BOULEVARD AGREEMENT FOR INSTALLATION OF RAILROAD CROSSING OF MCLEAN BOULEVARD. District VI) Agenda Report No. 97-806. The relocation of McLean Boulevard has required a new railroad crossing of the Union Pacific Railroad tracks approximately 300 feet west of the previous location. The proposed Agreement will authorize the installation of a 130 foot concrete/rubber crossing surface, related track work, removal of the existing flashing light signals at the previous crossing location, and removal of the overhead signal pole line. Approval of the Agreement will allow the railroad to proceed with the purchase and installation of the crossing material and related system revisions. The estimated cost for this crossing installation is $91,259 and will be paid by the McLean Boulevard project (CA-9214). Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CHENEY RESERVOIR COST SHARE AGREEMENT FOR CHENEY RESERVOIR WATERSHED - MEMORANDUM OF UNDERSTANDING WITH THE RENO COUNTY CONSERVATION DISTRICT. (All Districts) Agenda Report No. 97-807. Cheney Reservoir is one of Wichita's major sources of water. It currently provides approximately 60% of Wichita's annual water supply. In the future, Cheney Reservoir will play an even bigger role in meeting Wichita's water supply needs. On August 24, 1993, the City Council authorized staff to assist in submitting a grant request with the U.S. Environmental Protection Agency for a watershed improvement grant. As part of that action, the Council approved the concept of the City assuming part of the cost share necessary to allow landowners to implement "best management practices" in the watershed. It has been determined that Cheney Reservoir has at least two significant pollution problems. One is sedimentation that washes into the Reservoir from soil erosion. This sedimentation displaces water stored in the Reservoir, and is a major factor in determining the "life" of the Reservoir. The other problem is the amount of phosphates in the water. Measurements of phosphates in the North Fork of the Ninnescah River and in the Reservoir indicate phosphate levels higher than desired for a water supply. High phosphate levels can increase microscopic plant activity and taste and odor problems. With the aid of a computer model that has been developed of the drainage basin above the Reservoir, potential pollution sites in the watershed have been identified. Best Management Practices that can help reduce the pollution from those sites have been established, and a Management Plan has been prepared for and approved by the Kansas Department of Health and Environment. The Reno County Conservation District has acquired funds from the Water Resources Cost Share Program (WRCS) and the Non-Point Source Pollution Control Fund (NPS). These programs will help finance the installation of conservation practices that meet the goals of the Management Plan. Under these programs, the producer can install Best Management Practices that will reduce pollution from their land and apply for reimbursement for 70% of the cost of those improvements. The intention of this Memorandum of Understanding is to facilitate a means whereby the producer can receive a 100% reimbursement by having the City of Wichita provide up to a 30% cost share for the improvements. The producer would not be eligible for any costs that exceed the County Average Cost for those improvements. While funds for this program were authorized for the Reno County Conservation District, administration of the funds will be through the Cheney Watershed Citizens Management Committee. This Committee, composed of landowners and producers in the watershed, administers the Watershed Management Plan and coordinating the efforts to promote the installation of Best Management Practices in the watershed. This funding agreement would help facilitate the creation of partnerships between the producers in the watershed and the City, thereby reducing pollution entering Cheney Reservoir. The other counties in the watershed (Stafford County, Pratt County and Kingman County) have also agreed to participate in the program. Projects completed in those counties will be submitted to the City through the Reno County Conservation District. The maximum WRCS cost-share to a single producer in a fiscal year is limited to a total of $7,500, and the NPS Program is limited to $7,500. The amount calculated is based on the County Average Cost, or actual cost, whichever amount is less. In Reno County, the amount of WRCS available in fiscal year 1998 is $135,083, and the amount of NPS available in fiscal year 1998 is $49,000. In Stafford County, the amount of WRCS available to a single producer is limited to $5,000, and the NPS Program is limited to $5,000 in fiscal year 1998. The total amount of WRCS available in Stafford County is $42,611 for FY 1998, and $22,000 for NPS. In Pratt County, the amount of WRCS available to a single producer is limited to $3,500, and the NPS Program is limited to $1,750 in fiscal year 1998. The total amount of WRCS available in Pratt County is $36,993 for FY 1998, and $30,000 for NPS. In Kingman County, the amount of WRCS available to a single producer is limited to $3,500, and NPS Program is limited to $10,000 in fiscal year 1998. The total amount of WRCS available in Kingman County is $26,397 for FY 1998, and $47,500 for NPS. Total costs to the City shall not exceed $103,323 for WRCS and $63,645 for NPS in fiscal year 1998, or a total combined of $166,968 in fiscal year 1998. These programs are part of a total program in the watershed that is estimated to cost $3,481,400 over a six-year period that started in fiscal year 1995. Other sources of funding include the EPA, the State Water Plan, the USDA, as well as the City of Wichita. This would diversify the cost of any cleanup projects among numerous funding sources. The City of Wichita has budgeted $200,000 per year over the next five years in the Capital Improvement Program (W-500, Cheney Watershed Protection Program). Motion -- Knight moved that the Memorandum of Understanding be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. MUNICIPAL COURT AMENDMENT TO MUNICIPAL COURT DEBT COLLECTIONS AGREEMENT. Agenda Report No. 97-808 This agreement was entered into on January 14, 1997, (Agenda Report #97-035) to provide services to the City of Wichita to assist in the collection of fines owed to Municipal Court. The agreement amendment is to modify the start date of the agreement to August 1, 1997, in place of January 14, 1997. Modifications to the City of Wichita's computer system has prevented Municipal Services Bureau from commencing its services under this agreement until this point in time. The agreement does not alter the original fee and commission schedule. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. (Item No. 19) EATON HOTEL EATON HOTEL OPERATING BUDGET. (District VI) Agenda Report No. 97-809. The City of Wichita acquired the Eaton Hotel and associated property through a sheriffs sale on April 23, 1997. Shortly thereafter, a management company was retained to manage the property with the City funding any net operating losses as well as any necessary capital or marketing costs. For the first four months of operations (April 23, 1997 through August 31) operating losses totaled $16,937. Due to premises conditions, a decision was made to vacate the residential component of the project. This was accomplished by the end of July, resulting in a considerable reduction in cash flow. In the short term, Property Management's Special Revenue Fund was utilized to fund any deficits with the understanding that costs associated with the Eaton project would ultimately be paid with General Fund Appropriated Reserves. A budget has been prepared for 1997 for the Eaton Hotel and associated properties which includes actual revenues and expenditures for May through August with estimated amounts for the rest of the year. Expenses total $99,463 and include $17,700 for property taxes, $2,500 for boiler repairs, $5,000 for repairs to the sprinkler system, $4,600 for a security system, $5,000 for roof repairs to the SRS building and $4,951 for marketing. Estimated future monthly revenues are $4,527 with a budgeted total of $44,499. It is projected that expenses will exceed revenues by $64,516. Funds for the 1997 budget short fall of $64,516 will be allocated from General Fund Appropriated Reserves. This will be a one-time allocation and the funds will be established in a non-departmental account. Budget transfers greater than $10,000 require City Council approval. Council Member Lambke Council Member Lambke said the expenses would exceed the revenue by close to $150,000 in one year - a "road to a slippery ride." Council Member Cole Council Member Cole said the goal is to get the building to developers and on the tax rolls. Motion -- Cole moved that the budget and the transfer of funds be approved. Motion -- carried carried 5 to 0. Knight, Lambke - No. SURPLUS PROPERTY SURPLUS PROPERTY LOCATED NORTHWEST OF 13TH STREET NORTH AND PENNSYLVANIA. (District I) Agenda Report No. 97-810. The property is located Northwest of 13th Street North and Pennsylvania and is more properly and legally described as follows: Lots 56-58-60-62 Orange now Pennsylvania Ave. And Lots 35- 37-39-41-43-45-47- 49-51-53-55-57-59-61 Union now New York Ave., Both in Milford's Replat of Lots 1 to 29, Union Avenue, and Lots 2 to 30 and Lots 1 to 29, on Orange Avenue, and Lots 2 to 30, on Hydraulic Avenue, Spring Grove Second Addition to Wichita, Sedgwick County Kansas. Except that part retained as right of way for interstate 35. This Property was acquired in 1967 for the 13th and I-35 interchange. The project is completed and it appears that this parcel is no longer needed by the City. The site is irregular in shape and contains approximately 35,284 square feet. An exact size and legal description will need to be determined by a survey provided by the chosen developer. If declared surplus, the property will be offered for sale to the general public. All City departments and local government entities have been notified and have shown no interest in the property. Since there is no interest in retaining ownership, and because it is costly to maintain, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the general public. The City will receive cash consideration for the sale or lease of the property. The surplus and sale or lease of this property to a private party will place additional value into the tax base. Motion -- Knight moved that the property be declared as surplus and be designated as -- carried available for sale to the general public. Motion carried 7 to 0. SURPLUS PROPERTY SURPLUS PROPERTY LOCATED AT THE NORTHEAST CORNER OF SENECA AND MCCORMICK. (Districts IV and VI) Agenda report No. 97- 811. The property is located at the northeast corner of Seneca and McCormick and is more properly and legally described as follows: Lots 3 and 5, except the East 12.5 feet of Lot 5, McCormick Ave, Glendale Addition to Wichita, Sedgwick County, Kansas, Except that part retained as right of way for the Seneca and McCormick intersection improvement project. This Property was acquired November 28th 1994 for the Seneca and McCormick intersection improvement project. The project is completed and it appears that this parcel is no longer needed by the City. The site is irregular in shape with approximately 4,994 square feet. An exact size and legal description will need to be determined by a survey provided by the chosen developer. The site by itself is not large enough for development. If declared surplus, the property will be offered for sale to the adjacent owners and the general public. All City departments and local government entities have been notified and have shown no interest in the property. Since there is no interest in retaining ownership, and because it is costly to maintain, it appears to be in the best interest of the public to declare the property as surplus and offer it for sale to the general public. The City will receive cash consideration for the sale or lease of the property. The surplus and sale or lease of this property to a private party will place additional value into the tax base. Motion -- Knight moved that the property be declared as surplus and be designated as -- carried available for sale to the general public. Motion carried 7 to 0. TRUSTEE BANK CHANGE CHANGE OF TRUSTEE BANK FOR INDUSTRIAL REVENUE BOND ISSUE (MULTIMEDIA SECURITY SERVICES, INC.). (District VI) Agenda Report No. 97-812. Bank IV Wichita has served as trustee bank in more industrial revenue bonds issues over the years than any other trustee bank. During the last two years, the bank has gone through several changes as Bank IV was acquired first by Boatmen's and then by NationsBank. NationsBank has announced that it has sold its corporate trust business, which includes IRB trustee business, to the Bank of New York. Multimedia Security Services has asked the City to approve a change of trustee bank from NationsBank to FMB Trust Company, National Association, Baltimore, Maryland. On December 13, 1994, the City Council approved the issuance of Industrial Revenue Bonds, Series 1994 to Multimedia Security Services, Inc., in the amount of $4,200,000. Multimedia has requested the change of trustee bank, pursuant to provisions of the bond indenture which allows tenants to initiate the change with concurrence of the issuer. NationsBank's decision to exit the corporate trust business and Multimedia's desire to change Trustee Bank, who would serve as paying agent on the IRBs and custodian of IRB proceeds, were cited as the reasons for requesting the change. There is no financial impact on the City. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-97-323 A Resolution of the Governing Body of the City of Wichita, Kansas, acknowledging the removal of Nationsbank N.A. (Mid-west), successor by merger to Bank IV N.A., as Trustee under certain trust indenture entered into as of December 13, 1994, between the City and said bank as trustee, and appointing FMB Trust Company, N.A., Baltimore, Maryland, as successor trustee, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. LETTER OF INTENT EXT. EXTENSION OF LETTER OF INTENT - MID-CONTINENT INSTRUMENTS CO., INC. (District II) Agenda Report No. 97-813. On September 9, 1997, the City Council approved first reading of the bond ordinance authorizing the issuance of $4.2 million in industrial revenue bonds to finance the construction of the company's new manufacturing plant at Webb Road and 34th Street North in east Wichita. The IRB bond closing is scheduled for September 18, 1997, following second reading and publication of the bond ordinance. Because this is the last day the IRB letter of intent is in effect, the company and bond counsel have requested an extension of the letter of intent, as a precaution against the possibility that the bond closing may be delayed by unforeseen circumstances. IRB letters of intent carry the obligation of the City to issue IRBs when all conditions set forth in the letter have been met. Technically, bonds are not deemed to be issued until the bond closing has taken place and the bonds are delivered to the purchaser in exchange for full payment of the purchase price. Because of this, bond counsel and prospective tenant companies are anxious to close bond issues while the letter of intent is still in force. Another consideration is the validity of the allocation of private activity bonds by the State Department of Commerce for IRBs that are issued as federally tax-exempt bonds. The State's allocation runs with the City's letter of intent. If the letter of intent is not in effect at the time of the closing, the State's allocation of private activity bonds could be withdrawn as well. There are no financial considerations. Motion -- Knight moved that the Letter of Intent be intended for an additional six-month -- carried period. Motion carried 7 to 0. VOICE RESPONSE SYSTEM INTERACTIVE TELEPHONE VOICE RESPONSE SYSTEM - OFFICE OF CENTRAL INSPECTION. Agenda Report No. 97-814. This IVRS is part of a $377,000 project approved by the City Council in 1996 to implement a PC-based, client-server network for all City departments engaged in the real estate development process (Development Assistance Center, OCI, MAPD, Engineering, Fire and Water & Sewer). The new management information system will allow networking of development departments in a seamless information exchange and tracking process which will substantially reduce the City's development review time while simultaneously improving consistency of information and overall customer service. In December of 1996, the City Council authorized the Mayor to execute a $177,000 contract with Tidemark Computer Systems, Inc. to provide development tracking software, program design and installation of the new interdepartmental real estate development tracking program. It is anticipated that Tidemark's system will be completed and ready for implementation in early 1998. Hardware and PCs to support the new PC-based, client server technology have also been purchased and installed as authorized in the approved Council project. The Tidemark system development is now at the stage where an IVRS vendor can and should be selected, allowing the selected IVRS vendor to provide appropriate interfaces with the proposed Tidemark database and to have the IVRS ready for implementation when the new Tidemark system goes live. A Request for Proposal was sent directly to 25 local and national vendors, 4 (four) of which responded. The four (4) proposals were then reviewed and rated by an evaluation committee which determined the two (2) proposals which best met all response criteria. The top two (2) vendors where then asked to meet with the evaluation committee to provide on-site product demonstrations and to answer/clarify detailed technical and performance questions. Enhanced Systems, Inc. received the highest overall evaluation and offers the lowest overall price among all vendors who responded to the request for proposal. In addition, Enhanced Systems, Inc. will provide a free voice-mail system as part of its IVRS installation and in addition to the IVRS. The $35,772 IVRS proposal from Enhanced Systems, Inc. is under the amount budgeted for IVRS within the overall approved Council project. Furthermore, the Enhanced Systems, Inc. proposal will provide a free voice-mail system and an automated faxed report capability within the IVRS which was not originally anticipated as part of this IVRS system. A one-year system warranty, beginning on the date of final acceptance by the City, is also included as part of this proposal. Motion -- Knight moved that Enhanced Systems, Inc., be approved for installation of the -- carried of IVRS System. Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First Read 9/9/97) a. Industrial Refunding Revenue Bonds - Typed Letters Corporation. ORDINANCE NO. 43-571 An Ordinance authorizing the City of Wichita, Kansas, to issue two separate series of its Industrial Refunding Revenue Bonds in the total aggregate amount of $1.55 million for the purpose of refunding and redeeming the City's Industrial Revenue Bonds, Series IV, 1991 (Typed Letters Corporation) and the City's Industrial Revenue Bonds, series X, 1994 (Typed Letters Corporation); prescribing the form and authorizing the execution of two separate trust indentures by and between the City and Central Bank and Trust Company, Hutchinson, Kansas, as trustee with respect to each series of bonds; approving the form and authorizing the execution of two separate leases by and between Typed Letters Corporation and the City; prescribing the form of two separate guaranty agreements, one for each series of bonds, each guaranty agreement to be by and between Typed Letters Corporation, Randal A. Johnson and Shirley A. Johnson, as guarantors, and Central Bank and Trust Company, Hutchinson, Kansas, as Trustee; and authorizing the execution of two separate bond purchase agreements for each series of bonds, each bond purchase agreement to be by and between the City, Typed Letters Corporation, and Chapman Securities, Inc., Wichita, Kansas, as purchaser of the bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. Industrial Revenue Bonds - Mid-Continent Instruments Co., Inc. (District II) ORDINANCE NO. 43-570 An Ordinance authorizing the City of Wichita, Kansas (the "issuer"), to issue two separate revenue bonds in the total aggregate amount of $4.2 million for the purpose of providing funds to acquire a site and construct improvements thereon and to acquire, purchase, and install certain machinery and equipment to be located in the City of Wichita, Kansas; prescribing the form and authorizing the execution of two separate leases by and between Didcot, L.C. and the issuer; prescribing the form of two separate guaranty agreements, by and between Didcot, L.C., Mid-Continent Instruments Co., Inc., as guarantors and Intrust Bank, N.A., Wichita, Kansas, as trustee; prescribing the form of a reimbursement agreement and a pledge and security agreement by and between Didcot, L.C. and Nationsbank, N.A., as letter of credit provider; and prescribing the form and authorizing the execution of two separate bond purchase agreements by and between the issuer, Didcot, L.C., Mid-Continent Instruments Co., Inc., and GE Capital Public Finance, Inc., as purchaser of the bonds, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. c. Ordinance to Create Wichita Transit Operation. ORDINANCE NO. 43-573 An Ordinance amending City of Wichita Ordinance No. 43-464 creating Sections 2.12.1150, 2.12.1153, and 2.12.1156 of the Code of the City of Wichita, Kansas, establishing the Wichita Metropolitan Transit Advisory Board and providing for its bylaws, officers, meetings, and duties, and amending Sections 2.08.120 and 2.08.217 of the Code of the City of Wichita, Kansas, pertaining to the creation and establishment of departments of the City, and the Department of Finance/City Clerk, and repealing the originals of said Ordinance and Sections. d. Ordinance Pertaining to the Administrative Traffic Court. ORDINANCE NO. 43-574 An Ordinance amending Section 1.04.155 of the Code of the City of Wichita, Kansas, pertaining to the Administrative Traffic Court and repealing the original of said Section, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. d-1. CU-445 - SE corner Webb Road and K-96 (Fire Station) ORDINANCE NO. 43-575 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by the Wichita-Sedgwick County Unified Zoning Code, Section V- C, as adopted by City of Wichita Code Section 28.04.010, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. e. Z-3238 - North of Orme, East of Lexington. (District II) ORDINANCE NO. 43-576 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. Z-3238, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. f. Z-3240 - Northwest Corner of Central and Nevada. ORDINANCE NO. 43-577 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. Z-3240, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PLANNING AGENDA Ray Trail, Director of Finance, said that all Items could be approved as consensus Items. Motion -- Knight moved that the Planning Agenda Items be approved as consensus Items. -- carried Motion carried 7 to 0. A97-22 A97-22 - ANNEXATION REQUEST OF PROPERTY ADJOINING THE CITY OF WICHITA AND GENERALLY LOCATED AT 53RD STREET NORTH AND MERIDIAN. Agenda Report No. 97-815. Bill Bachman has requested that property located south of 53rd Street North and west of Meridian be annexed into the City of Wichita. The property to be annexed is bordered on the south by the current City boundary. This is currently an unplatted tract consisting of approximately 92 acres. The preliminary plat for the Moorings North Second Addition was approved by the Metropolitan Area Planning Commission on August 28, 1997. The submitted plan indicates proposed single family residential development of this tract. Land Use and Zoning: This site is currently undeveloped and was used in the past for agricultural purposes. The surrounding property is increasingly residential in character. The site is zoned "SF- 20" Single Family Residential today, under the Wichita-Sedgwick County Unified Zoning Code, and will convert to the City's "SF-6" Single Family Residential district upon annexation. Adjoining County land to the north and south is zoned "SF-20" and is used for agricultural purposes. Adjoining City land to the south is zoned "SF-6" and is fully developed with single family residences. Directly to the west of this site is the Big Arkansas River, and further west of this all property is zoned "SF- 20" and used for agricultural purposes. The proposed use for this site is for 162 single family lots, with development expected to be completed in 5 years. The City Engineer's office indicates that City water and sewer service are available to serve this site. There is an 8" water line located in Keywest Street which is directly south of this development. There is also a sanitary sewer line located in this same street. The applicant will be solely responsible for all costs involved in connecting to existing water and sewer lines in the area. The property has access to North Meridian, which is a 2-lane paved section-line road without curbs and gutters. Currently Meridian is maintained by the Sedgwick County Bureau of Public Services. The County Capital Improvement Program (CIP) indicates that Meridian is to be widened to four lanes from the current Wichita City limits north to the Valley Center city limits. Construction is scheduled to begin this year. Meridian has an existing traffic volume of 6,191 average daily trips (ADT) north of K-96. The 2020 Transportation Plan projects traffic at this location to increase to approximately 14,454 ADT. Public Safety: At this location the Wichita Fire Department and Sedgwick County Fire Department operate under a first responder agreement, in which the first available unit, either City or County will respond to any alarm at this site. The area proposed for annexation would be fastest served by Sedgwick County Fire Station Number 32, located at 501 E. 53rd Street North, with an approximate response time of 4 1/2 minutes. Wichita Fire Station Number 3, located at 32nd Street and North Broadway can serve this site with an approximate response time of 10 minutes. Upon annexation, police protection will be provided to the area by the Patrol North Bureau of the Wichita Police Department which is headquartered at 21st and Hillside. Parks: This area is located approximately 3 miles from Hellars Park, which is a 32 acre special use park with very limited park facilities. Hellars Park remains in a natural setting and is adjacent to Earhart Environmental Magnet School. This park has been designated as a Wichita Wild Habitat area. The proposed annexation site is located within an area that has been designated as in need of a community park. School District: The property is located in Unified School District 262 (Valley Center Public School District). Annexation will not change the school district. Urban Growth Area & Policy 32: This property is located within the urban growth area of the City of Wichita as delineated by the Comprehensive Plan for the metropolitan area, and is also inside the Policy 32 urban service area. The applicant has projected a total estimated value of $32,000,000 for the entire development. This development will create a potential tax revenue of $99,990 per year to the City of Wichita at the time of final build-out. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A-97-22. A97-23 A97-23 - ANNEXATION REQUEST OF PROPERTY ADJOINING THE CITY OF WICHITA AND GENERALLY LOCATED 1/2 MILE SOUTH OF 53RD STREET NORTH AND EAST OF MERIDIAN. Agenda Report No. 97-816. Brad Bachman of Bachman Enterprises has requested that property located south of 53rd Street North and east of Meridian be annexed into the City of Wichita. The property to be annexed is bordered on the south by the current City boundary. This is currently an unplatted tract consisting of approximately 25.5 acres. The preliminary plat for the Harbor Isle Second Addition was approved by the Metropolitan Area Planning Commission on August 21, 1997. The submitted plan indicates proposed single family residential development of this tract. This site is currently undeveloped and was used in the past for agricultural purposes. The surrounding property is increasingly residential in character. The site is zoned "SF- 20" Single Family Residential today, under the Wichita-Sedgwick County Unified Zoning Code, and will convert to the City's "SF-6" Single Family Residential district upon annexation. Adjoining County land to the north is zoned "SF-20" and is used for agricultural purposes. Adjoining City land to the south is zoned "SF-6" and is partially developed with single family residences. To the west of this site is both county and city land which is zoned "SF-6" in the city and "SF-20" in the county and is currently undeveloped. A preliminary plat has been approved by the MAPC for single family development to the west of the proposed annexation area. Land the east is within Sedgwick County, is zoned "SF-20" and is currently undeveloped . The proposed use for this site is for 50 single family lots, with development expected to be completed in 4 years. The City Engineer's office indicates that City water and sewer service are available to serve this site. There is an existing water line located along Meridian. There is also a sanitary sewer line located just south of this site in Harbor Isle Addition. All sewerage will be handled by the Moorings lift station. The applicant will be solely responsible for all costs involved in connecting to existing water and sewer lines in the area. The property has access to North Meridian, which is a 2-lane paved section-line road without curbs and gutters. Currently Meridian is maintained by the Sedgwick County Bureau of Public Services. The County Capital Improvement Program (CIP) indicates that Meridian is to be widened to four lanes from the current Wichita City limits north to the Valley Center city limits. Construction is scheduled to begin this year. Meridian has an existing traffic volume of 6,191 average daily trips (ADT) north of K-96. The 2020 Transportation Plan projects traffic at this location to increase to approximately 14,454 ADT. At this location the Wichita Fire Department and Sedgwick County Fire Department operate under a first responder agreement, in which the first available unit, either City or County will respond to any alarm at this site. The area proposed for annexation would be fastest served by Sedgwick County Fire Station Number 32, located at 501 E. 53rd Street North, with an approximate response time of 4 1/2 minutes. Wichita Fire Station Number 3, located at 32nd Street and North Broadway can serve this site with an approximate response time of 10 minutes. Upon annexation, police protection will be provided to the area by the Patrol North Bureau of the Wichita Police Department which is headquartered at 21st and Hillside. This area is located approximately 3 miles from Hellars Park, which is a 32 acre special use park with very limited park facilities. Hellars Park remains in a natural setting and is adjacent to Earhart Environmental Magnet School. This park has been designated as a Wichita Wild Habitat area. The proposed annexation site is located within an area that has been designated as in need of a community park. The property is located in Unified School District 262 (Valley Center Public School District). Annexation will not change the school district. This property is located within the urban growth area of the City of Wichita as delineated by the Comprehensive Plan for the metropolitan area, and is also inside the Policy 32 urban service area. The applicant has projected a total estimated value of $10,000,000 for the entire development. This development will create a potential tax revenue of $31,247 per year to the City of Wichita at the time of final build-out. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A-97-23 97-24 A97-24 - ANNEXATION REQUEST OF PROPERTY ADJOINING THE CITY OF WICHITA GENERALLY LOCATED ON THE SOUTH SIDE OF CENTRAL AND WEST OF RAINBOW LAKE ROAD. Agenda Report No. 97-817. David Dennis has requested that property located on the south side of Central and west of Rainbow Lake Road be annexed into the City of Wichita. The property to be annexed is bordered on the west by the current City boundary as indicated on the map. This is currently an platted tract consisting of approximately 0.73 acres. This lot is part of Rainbow Lakes West Addition, which was platted as part of Sedgwick County in 1975. The applicant intends to begin construction of a single family residence on this lot as soon as possible. This lot is currently undeveloped and part of asingle family subdivision. The surrounding property is mainly residential in character. This lot is zoned "SF-20" Single Family Residential today, under the Wichita-Sedgwick County Unified Zoning Code, and will convert to the City's "SF-6" Single Family Residential district upon annexation. Adjoining County land to the north is zoned "SF-20" and is developed with a single family residence. Adjoining County land to the south is zoned "SF-20" and is developed with a single family residence. The lot to the east of this site is in the county and zoned "SF-20," and the lot to the west is in the city and zoned "SF-6." Both of these lots are currently undeveloped, but platted for single family development. The City Engineer's office indicates that City water and sewer service are available to serve this site. There is an existing waterline located along Rainbow Lake Road. There is also a 4" sanitary sewerstub located along the west property line of this lot. The applicant will be solely responsible for all costs involved in connecting to existing water and sewer lines in the area. The property has access to Rainbow Lake Road, which is an unpaved residential collector street. There is complete access controlalong the Central frontage of this lot. There are no traffic counts available for Rainbow Lake Road. Directly north of this site, Central is a 2-lane unpaved section-line road, with an existing traffic volume of 624 average daily trips (ADT) to the east of this site. The 2020 Transportation Plan projects traffic at this location to increase to approximately 8,610 ADT. The 2020 Transportation Plan also projects that this segment of Central will be a paved 2-lane arterial by the year 2020. The Wichita Fire Department, operating out of StationNumber 17, located at 10651 West Maple, can serve this site with an approximate 6 1/2 minute response time. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department which is headquartered at 661 North Elder (Elder and West Central). This area is located approximately 1 1/2 miles from The Meadows Park, which is a 96.38 acre community park that is being developed and will be designated a wildlife area. Future plans include picnic facilities, soccer fields, play ground areas and pedestrian paths throughout the park. The proposed annexation site is located within 1 /12 miles of an area that has been designated as a potential future park site by the Park and Open Space Master Plan. The property is located in Unified School District 265 (Goddard Public School District). Annexation will not change the school district. This property is located within the urban growth area of the City of Wichita as delineated by the Comprehensive Plan for the metropolitan area, and is also inside the Policy 32 urban service area. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A-97-24 S/D 97-48 S/D 97-48 - SMITHMOOR SEVENTH ADDITION LOCATED SOUTH OF HARRY AND WEST OF GREENWICH. (District II) Agenda Report No. 97-818 This site is presently within the City of Wichita. Petitions, all 100 percent, have been submitted for water and street improvements. A Certificate of Petitions has also been submitted. In order to provide this site with sanitary sewer, a sanitary sewer easement was provided by separate instrument. Also a temporary drainage easement has been required, in order to allow construction maintenance and repair of a storm water drainage system. The sanitary sewer petition is being handled by the County, however, the appropriate wording has been added to allow a County sewer district to be formed in the City. To provide for off-street parking, for lots adjacent to narrow streets, a covenant has been submitted which requires four (4) off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning commission, subject to conditions and recording within 30 days. Documents Two Certificates of Petitions; Sanitary Sewer Easement for part NE corner of Lot 1, Block 4, Smithmoor Seventh Addition; Temporary Drainage Easement for part Lot 1, Block 1, Smithmoor Seventh Addition; and Restrictive Covenant for Lots 14 through 35, Block 1, Lot 2, Block 2, Lots 1 & 2, Block 3, and Lot 1, Block 4 - all from Ron Smith, President, Smith and Company. 100 Percent Petition for construction of Water Distribution System Number 448-89192 (south of Harry, east of Webb) ($84,000 S.A.) 100 Percent Petition for construction of Water Distribution System Number 448-89193 (south of Harry, east of Webb) ($42,000 S.A.) 100 Percent Petition for improving of Honeytree from the north line of Smithmoor Seventh Addition, south to and including cul-de-sac; Brandon from the north line of Smithmoor Seventh Addition south to and including cul-de-sac, and; Mt. Vernon from the west line of Lot 1, Block 2, Smithmoor Seventh Addition to the east line of Lot 1, Block 3, Smithmoor Seventh Addition, Project No. 472-82859 ($168,000 S.A.) 100 Percent Petition for improving of Shiloh from the north line of Smithmoor Seventh Addition, south to and including cul-de-sac, and; Mt. Vernon from the east line of Lot 1, block 3, Smithmoor Seventh Addition, to the east line of Lot 1, Block 4, Smithmoor Seventh Addition, Project No. 472-82860 ($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. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-324 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89192 (south of Harry, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-325 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89193 (south of Harry, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-326 Resolution of findings of advisability and Resolution authorizing improving of Honeytree from the north line of Smithmoor Seventh Addition, south to and including cul-de-sac; Brandon from the north line of Smithmoor Seventh Addition south to and including cul-de-sac, and; Mt. Vernon from the west line of Lot 1, Block 2, Smithmoor Seventh Addition to the east line of Lot 1, Block 3, Smithmoor Seventh Addition, Project No. 472-82859 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-327 Resolution of findings of advisability and Resolution authorizing improving of Shiloh from the north line of Smithmoor Seventh Addition, south to and including cul-de-sac, and; Mt. Vernon from the east line of Lot 1, block 3, Smithmoor Seventh Addition, to the east line of Lot 1, Block 4, Smithmoor Seventh Addition, Project No. 472-82860 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending and potential litigation, legal advice, and contract negotiations; personnel matters of non-elected personnel; and matters relating to employer-employee negotiations; and the regular meeting be resumed -- carried at 11:40 a.m. in the City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 10:35 a.m. and reconvened in regular session at 11:48 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council Meeting adjourned at 11:48 a.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 164 SEPTEMBER 16, 1997 Page 1