MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, January 10, 1995 Tuesday, 9:11 A.M. The City Council met in regular session with Mayor Broadfoot in the Chair. Council Members Cather, Cole, Kamen, Rogers; present. *Council Members Ferris, Reeser; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Rev. Pat Herdklotz. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the special meeting of January 30, 1994, were -- approved approved 5 to 0. (Ferris, Reeser; absent) AWARDS AND PRESENTATIONS SERVICE CITATIONS Mayor Broadfoot presented Distinguished Service Citations to those present. PROCLAMATIONS Mayor Broadfoot presented the Proclamations that were previously approved. AWARD The American Concrete Pavement Association Award was presented. PUBLIC AGENDA MARGARET MILLER COMMENTS BY MARGARET MILLER. Comments deferred to Item 1 on the City Council Agenda. YOLANDA B. WILLIAMS COMMENTS BY YOLANDA B. WILLIAMS. Yolanda B. Williams Yolanda B. Williams, 5411 East Elm, spoke regarding the Black Historical Museum and the Sedgwick County proposal for expanding the County Jail. Ms. Williams said there was a MAPC meeting held on December 15, 1994, at which a vote of 11 to 2 was taken to allow the County a Special Use Permit. There was a lot of discussion at the MAPC meeting and the following, among other, concerns were expressed by the Board: Concern was revealed about "the closely held and great subjectivity and in-house conduct of even coming to this conclusion" of needing the expanded jail facility. There was concern that there were not enough facts and figures that proved the need. The idea of expansion carries its own momentum of making the project palatable but it is not logical in this case and it is ill conceived because "it is not a proper land use of that last block quadrant of a historic community." The project is not in good faith towards the Afro-American community or in the interest of the wider community. There is a need for further study of the situation and a better plan. Ms. Williams requested the a moratorium on the project. NEW BUSINESS PAVING ALEXANDER, 49TH, PAVING ALEXANDER AND 49TH STREET NORTH FROM 46TH STREET NORTH TO SULLIVAN; AND AND 47TH STREETS 47TH STREET NORTH FROM ALEXANDER TO BISON. (District VI) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 95-001. On November 29, 1994, the City Council adopted a Notice of Hearing Resolution setting January 10, 1995, as the hearing date on paving Alexander and 49th St. North, from 46th St. North to Sullivan and 47th St. North from Alexander to Bison. The area was recently annexed by the City of Wichita. Just prior to annexation the neighborhood submitted a majority petition (22 of 28 owners) for street paving. The petition was prepared by Sedgwick County when this area was outside the city limits of Wichita and is invalid on the technicality that it references a State Statute that applies only to counties. Therefore, the project is being presented to the Council under the Notice of Hearing method. CPO Council 6 considered the project on December 14, 1994. The Council voted 8-0 to recommend that the petition for the proposed improvement district be reassessed by current landowners based on the new cost projections and other updates. The Council's action was based on the belief that the City's cost estimate would result in much higher monthly assessment payments than the County's estimate. In fact, the estimates are almost identical. The County's total estimate was approximately $246,000, resulting in a per lot assessment of $7,925. The City's estimate is $250,000, resulting in a per lot assessment of approximately $7,000. The City's $7,000 does not include drive approach costs which are assessed individually to each lot and can increase the total assessment per lot by approximately $1,000 or more. Staff usually provides property owners assessment figures on the street only, but does advise owners that drive approach costs, as well as interest costs, are in addition to the street assessment amount. Alexander, 49th St. North, and 47th St. North are typical sand streets. Many of the adjacent streets are paved to rural standards. The surrounding area is a single- family suburban type neighborhood with large lot sizes. Staff received 14 letters from property owners indicating their support of the project. Three other letters expressed the following concerns - method of assessment, property owner on fixed income, and not continuing paving on 47th from Bison to Alexander. The estimated project cost is $250,000. The funding source is Special Assessments. The proposed method of assessment is the equal share basis. The estimated assessment per lot is $7,000, plus the addition of drive approach costs. Kansas Statutes provide that the City Council has the authority to order in street paving. Property owners may block the project if there is a written protest signed by 51% or more of the property owners and representing more than 1/2 of the improvement district area. Mike Lindebak City Engineer said a petition had been received this past week which has signatures of 17 of 28 property owners who support the project as shown today. Another petition was submitted with 12 of 28 property owners who support assessment on a running foot basis. It does not appear that there is a true majority in favor of any one way of assessment. It is the recommendation of the City Engineer that if there is no true majority, perhaps the simplest way to do the project would be to either reduce the scope of this project to Alexander only, or to start over with an Alexander project, a 47th Street project, and a 49th Street project. Because of all of the questions regarding the method of assessment for Alexander paving, it was the recommendation of the City Engineer that if it was not acceptable to do the project on an equal share basis, perhaps land value would be the most fair method because it takes into account the different sizes and shapes of the lots and also takes into account that the lots are all supporting very nice single-family residential properties. It appears that there is an overwhelming majority that want the improvements done with the method of assessment being the primary issue. The benefit of doing this as street-by-street projects would be a more easily defined improvement district for Alexander. The negative aspect would be that the section of 49th Street from Bison to Sullivan has property on the north side of the street in Sedgwick County. Typically, this section would assessed half the distance from 49th to 48th Streets but without an agreement between the City and the County, or having the majority of the people on the north of 49th signing the petition, the improvement for 49th would not be valid. Council Member Cole Council Member Cole stated that there is a CPO meeting on January 11th and since there has been misinformation given and there is new information regarding the possibility of a land value assessment, it might be good to have a neighborhood meeting so this information could be explained. Council Member Ferris momentarily absent. Mike Lindebak Responding to a question, the City Engineer said it is not recommended to pave 49th Street one-half at a time. The City Engineer also said information could be made available for a CPO meeting on January 11th. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Jeff Pennington Jeff Pennington, 4843 Alexander, said he had talked to his neighbors and it was felt the most fair assessment would be on a running foot basis because that is by the number of feet of pavement in front of each residence. Also the paving of 47th Street has changed. Dave Byerley Dave Byerley, 4965 Alexander, said there would always be someone against any method of assessment. The Alexander residents still want paving. The assessment should be done on an equal share basis because all create the dust equally and share the road use equally. A majority still feel the equal share basis of assessment is the proper way. Gary Rebenstorf City Attorney said he would have to review the State Statutes with regard to the legality of an agreement between the City and Sedgwick County to allow the project to be done on the original petition by the County. Motion -- Cole moved that this Item be deferred two weeks to give Staff and Council Member Cole an opportunity to meet with the neighborhood residents. Motion carried -- carried 7 to 0. Council Member Cole left the Bench. TAX EXEMPTION REQUEST PUBLIC HEARING AND TAX EXEMPTION REQUEST - GREAT PLAINS VENTURES, INC. GREAT PLAINS (District I) Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-002. Great Plains Ventures, Inc., (Great Plains), is a holding/investment company that provides services and rents facilities to its subsidiaries. Great Plains' subsidiaries are: Great Plains Industries, Inc. located at 1711 South Longfellow; Uniflo Conveyor, Inc., located at 3526 North Oliver; Aerospace Systems and Components, Inc., located at 1620 South Broadmoor; and Hillsboro Industries, Inc., located in Hillsboro, KS. Great Plains is requesting a tax exemption on a $4,000,000 expansion project consisting of the construction of a 178,000 square feet manufacturing/warehouse and office complex facility. The project will be leased to Great Plains Industries, Inc. and is located on lots 6 & 7, Block 1, in the Great Plains Business Park located at 3526 North Oliver in northeast Wichita. The companies employ over 156 people and had an annual payroll in 1993 in excess of $8.0 million. Great Plains Industries anticipates adding 80 new employees over a five-year period with the expansion project. Great Plains Ventures, Inc. is proposing to expand with the construction of a 178,000 square foot facility in the Great Plains Business Park located at 3526 North Oliver at an estimated cost of $4,000,000. Under the City's Business Incentives Policy, Great Plains is eligible for the following: TAX EXEMPTION ELIGIBILITY ELIGIBLE % INCENTIVE EXPLANATION 40 New Job Creation: Great Plains presently employs 156 full-time and 25 part-time employees at its facilities and expects to hire an additional 80 employees within five years. 36 Capital Impr: Great Plains will invest approximately $4,000,000 in the construction of additional real property. 0 Location Premium: Great Plains is not locating in an area eligible for this incentive. 76.0 Total Business Incentives 50 TOTAL ELIGIBLE FOR BUSINESS INCENTIVES (Maximum allowed is 50 percent) 47.2 Export Premium Great Plains exports 94.4 percent of its products out of the State of Kansas. 47.2 TOTAL ELIGIBLE FOR EXPORT PREMIUM (Maximum allowed is 50 percent) 97.2 TOTAL EXEMPTION ALLOWED UNDER BUSINESS INCENTIVE POLICY Great Plains is eligible for a 97.2 percent tax exemption on real property for a five-year period and for 48.6 percent for a second five-year period. A notice of public hearing has been published. Great Plains will provide the City of Wichita an approved EEO/AA Plan annually for the full term of the Tax Exemption. The estimated first year taxes on Great Plains' proposed $4,000,000 project under the 1994 mill levy on property within the Wichita City limits would be $113,420. Using the allowable tax exemption of 97.2 percent, the City would be exempting, for the first year, $110,244 of new taxes from the real property tax rolls. Great Plains will continue to pay existing real and personal property taxes of $126,024.52 (1994 taxes) plus an estimated $3,176 (the remaining 2.8 percent portion of tax abatement not granted by the Council) in taxes on the proposed expansion. The policy exemption equates to $1,378 of exempted taxes per each new job (80 new jobs). The tax exemption will be shared among the taxing entities as follows: City - $30,416; County/State - $28,785; and USD 259 $51,043. Council Member Kamen Council Member Kamen said this request should be approved because of the increased employment, exporting of goods, and the fact that Great Plains is a good source of diversification. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Council Member Rogers Council Member Rogers said he had been assured that his concerns regarding the utilization of minorities and minority contractors had been met. Motion -- Rogers moved that the public hearing be closed, a 97.2 percent tax exemption for the first five years and 48.6 percent for the second five years on real property -- carried be granted, and the Ordinance be placed on first reading. Motion carried 6 to 0. (Cole absent) ORDINANCE An ordinance exempting property from ad valorem taxation for economic development purposes pursuant to article 11, section 13, of the Kansas Constitution; providing the terms and conditions for ad valorem tax exemption; and describing the property of Great Plains Ventures, Inc., so exempted, introduced and under the rules laid over. IRB - TRAMCO REQUEST FOR LETTER OF INTENT TO ISSUE INDUSTRIAL REVENUE BONDS - TRAMCO, INC. This Item was pulled from the Agenda and will be on a future Council Agenda. Council Member Cole present. Council Member Rogers momentarily absent. BROADWAY DESIGN OPTIONS DESIGN OPTIONS FOR BROADWAY FROM KELLOGG TO DOUGLAS. (District VI) Bill McKinley Traffic Engineer reviewed the Item. Agenda Report No. 95-004. The Capital Improvement Program (CIP) contains a project to reconstruct Broadway from Kellogg to Douglas (MS-417, page 66). The design engineering firm of Booker Associates of Kansas is under contract with the City to design the proposed improvement. Booker developed three options which were presented to the Traffic Commission in a public hearing on November 16, 1994. Adjacent property owners and tenants were invited to attend the meeting. Option 1 - Five lanes through project limits (two lanes northbound, two lanes southbound and center lane for left turns) with no on-street parking. Option 2 - Four lanes from Dewey to English and five lanes from English to William, with no on-street parking. Option 3 - Four lanes from Dewey to English with parking on the east side and five lanes from English to William with no on-street parking. After hearing input from area business representatives, the Traffic Commission recommended approval of Option 1. Staff concurs with the recommendation of the Traffic Commission. The five-lane concept will provide for two lanes of through traffic in each direction, plus a separate center left-turn lane. This concept will aid access to adjacent properties and provide for safer and more efficient traffic flow. The five-lane concept will eliminate any on-street parking and will reduce the width of the area for sidewalks and landscaping to approximately 7.1 feet compared to 12.7 feet for the four-lane concept and 7.8 feet for the four-lane plus one parking lane concept. The improvement of Broadway from Kellogg to Douglas is included in the 1994 - 2003 CIP for construction in 1996/1997 at an estimated cost of $1,870,000. Council Member Kamen Council Member Kamen said he did not feel this is a priority project and would rather spend the money on other streets and projects. Also, he did not see this as a big safety problem. Bill McKinley Traffic Engineer said there Broadway and Waterman is the number one accident intersection. Council Member Cole Council Member Cole spoke in favor of Option 2 and said some businesses in the area had expressed a desire for landscaping. Council Member Ferris Council Member Ferris said there is a need for the project but not for doing it extravagantly. Safety is the absolute consideration and option 2 or three are no guarantee to clear up the problem. Motion -- Ferris moved that Option 1, the five-lane concept be approved; and that the November Traffic Commission Minutes be received and filed. Motion carried -- carried 5 to 2. Cole, Kamen - No. GREASE TRAP LOAN PRGM GREASE TRAP LOAN PROGRAM. Chris Cherches City Manager reviewed the Item. Agenda Report No. 95-005. On September 13, 1994, the City Council approved the implementation of the Grease Trap Interceptor Program. The ordinance requires both new and existing food service facilities, and those existing facilities that are unable to control grease discharge, to install a grease interceptor; existing facilities that are not creating a discharge problem have an option to pay an annual permit and user fee. When approving the ordinance requiring grease trap installation, the City Council directed staff to investigate the feasibility of a loan program for new businesses. New food service facilities would have to invest between $5,000 and $25,000 (depending on individual situations) to install a grease interceptor, plus operating costs. Existing facilities without a grease interceptor would have the option to pay $542 year in permit and user fees. A small business loan program may assist in reducing the financial impact of installation on new business. The grease trap loan program could either be available to new food facilities, or to existing food establishments being required to install a grease trap due to excessive grease discharge into the sanitary sewers. An estimated 100 (or less) new food service facilities are constructed each year. Of those, most would qualify for a loan as a part of the overall construction effort. Staff estimates that less than 10 existing food facilities per year would be required to install a grease trap. The proposed loan program would operate under the following guidelines: GREASE TRAP LOAN ASSISTANCE PROGRAM 1. The property must be within the City limits of Wichita and be connected to the Wichita sewer system. 2. The maximum amount of the loan shall be $20,000. Three bids for installation of a grease trap must be included with the loan application. Eligible restaurant facilities must be a new operation and/or an existing food facility being required to install a grease trap due to excessive grease discharge. 3. A mortgage in the amount of the loan will be placed on the property for the term of the loan. The loans will only be available to property owners and subject to approval of a loan review process. Loans will be made at Prime Rates published in the Wall Street Journal's "Money Rates" column on the date of loan approval. 4. Principal and interest on the loan shall become due in monthly installments with a maximum term of five years. Monthly installments will be charged to the property owner's water and sewer bill at the location of the improved facilities. If the property is assigned, sold or transferred by the mortgagor(s), the loan must be paid in full. 5. The Water and Sewer Department must certify that the grease interceptor is required. 6. A review process must give approval to all loans. 7. Loan proceeds will not be released until the Water and Sewer Department receives certification that the installation plans have been approved (by the Office of Central Inspection). 8. Loans will be administered by the Department of Water and Sewer. 9. The City Council may establish a maximum amount of the loan or loan fund available. An annual report will be provided to the City Council on the status of this program. 10. The loan program will be terminated December 31, 1996. Funding for the loan program is available in the Depreciation and Replacement Account, which is designated in the bond ordinance. If loans are made to the extent that the balance in the Depreciation and Replacement Account falls below 15% of the Operating Revenues of the Water and Sewer Utility for the preceding year, funds can be transferred from the Improvement Account to replenish the balance. Any revenue received from loan payments and interest will be deposited in the Depreciation and Replacement Account. Ordinance No. 41-934 of the City of Wichita, Kansas, adopted January 26, 1993, establishes the Depreciation and Replacement Account of the Water and Sewer Utility for the purpose of keeping the Utility "in good repair and working order, so that it may continue in effective and efficient operation. Chris Cherches City Manager said the Council had previously expressed a desire to have the loans only for new businesses, and that the Council also may wish to set a limit. David Warren Director of Water and Sewer, answering a question, said that if restaurants were able to keep grease out of the City's system, they would pay $40 per month plus an annual permit fee of $50. Businesses would be required to have grease traps if they cause problems. Council Member Kamen Council Member Kamen said he had a problem with asking for a lien because it would make it difficult for businesses to get loans and, therefore, they probably would not use the loan program. The amount of payment on the loan would be unfair when compared to other businesses paying only $40 per month. Council Member Rogers Council Member Rogers suggested looking at setting an arbitrary percentage depending on the City's cost. Council Member Ferris Council Member Ferris said prime rates are not appropriate. To add $8,000 to $9,000 to an original loan, there would need to be an incentive. The City's cost is always below prime. The rate for the program could be fixed on January 1st on water and sewer bond sale rates for the appropriate year. While there is no problem with the program or harm in the program, it probably would not be widely used. The program could go forward with instructions to staff to look at a different rate. Council Member Cole Council Member Cole suggested the program be taken to the Restaurant Association Executive Board to see what might be most advantageous to restaurants. Council Member Kamen Council Member Kamen suggested Staff look at special assessments if it is at all possible because it would not affect their financial rating and mortgages would not be required. Also a period longer than 5 years should be considered in order to keep the costs down. Mayor Broadfoot Mayor Broadfoot asked that the program be available to both existing and new businesses. Council Member Rogers Council Member Rogers said there should be grease traps everywhere and the loan program should be attractive enough for businesses and the interest amount as minimal as possible. Chris Cherches City Manager said staff would go back and look at the program. The City Manager also reminded the Council that because this is a Utility, the test of the bond covenants must also be passed. Council Member Rogers left the Bench. CAMPBELL CASTLE DETERMINE FINDINGS ON RENOVATION - CAMPBELL CASTLE. Marvin Krout Director of Planning reviewed the Item. Council Member Reeser momentarily absent. Council Member Rogers Present. Agenda Report. Under the state preservation statute (KSA 75- 2724), the State Historic Preservation Officer (SHPO) must be given notice and an opportunity to comment on any project "which will encroach upon, damage or destroy any historic property included in the national register or historic places or the state register of historic places." The SHPO generally makes one of two findings: 1) the project will not damage or encroach upon the designated property, or 2) the project will damage or encroach upon the designated property. If the SHPO finds the project will damage or encroach upon the designated structure, then, in order for the project to proceed, the City Council must review the project. In a letter dated January 4, 1995, (the SHPO's office determined that "the proposed project...will encroach upon, damage, or destroy this historic property or its environs." On August 8, 1994, the Historic Preservation Board voted unanimously to approve loaning up to $190,000 to property owners Dr. Terry and Paula Lowry, for repairs to the foundation, stonework and exterior elements. At an August 9, 1994 meeting, the Wichita City Council voted unanimously to approve the loan. At its July 12, 1994 meeting, the Wichita City Council voted unanimously to approve the issuance of a Letter of Intent for City of Wichita Industrial Revenue Bonds in an amount not to exceed $1.4 million. Proceeds of the bonds will be used to refinance the acquisition of the property and pay the costs of restoration and renovation of the buildings. Renovation and restoration projects were submitted to the HPB and the SHPO for their review and findings. At Historic Preservation Board meetings held November 14 and 21, and December 12, 1994, the Board voted favorably on the majority of interior and exterior alterations proposed on both the carriage house and main house. The Board, however, did not vote in favor of two alterations: _ the replacement of original window glass with a new glazing system; _ elevation of the driveway under the porte- cochere (covered entrance to the Castle). The applicant intends to ask the Historic Preservation Board at its Monday, January 9, 1995 meeting to reconsider the elevation of the driveway, and is working on an alternative glazing system which will be presented to the HPB at a later date. If the Board maintains its recommendation for denial, the applicant is requesting to appeal their findings at the January 10, 1995 City Council meeting. The Board findings were sent to the SHPO. From the entire project, including alterations to both the carriage house and main house, the following were projects the SHPO felt would negatively impact the Castle: 1. PROJECT: Enlarge north and south eye- brow dormer windows in the attic to meet life and safety code requirements and to provide additional light into attic spaces. SHPO JUSTIFICATION: "The Campbell Castle was listed on the National Register to recognize it as an example of the Richardsonian Romanesque style. That is a style that combines the heavy massing of stone with the lightness of the arch. There are many elements of the house and carriage house that characterize the style, and our objective through our review, is to protect those elements...eye-brow windows are prominent visual features that were often used to articulate the roof slopes of Romanesque-style buildings. Deepening the eye- brow windows will no doubt detract from the historic character of the castle." HPB: Approved enlarging the north and south eye-brow windows, but not the east (main facade) eye-brow window. The Board also approved conversion of the attic to five suites. The Board also approved the installation of a new dormer on the north elevation. STATE OFFERED SOLUTION: The number of rooms to the attic space be reduced from five to three. This will avoid the need to alter the eye-brow windows. STAFF ANALYSIS: With respect to the SHPO's position regarding Secretary of Interior Standards #1 "A Property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building..." (page 2 of the SHPO's findings): Since 1989, attempts to sell the home as a single-family residence were unsuccessful. To date, interested parties have only been interested in converting the structure from a single-family residence to a Bed and Breakfast facility, or a museum. The Standard emphasizes minimal changes to the defining characteristics of the building. The alterations suggested by the applicant are the minimum they feel are necessary in order to complete the conversion of the Castle from a single-family to a Bed and Breakfast use, and to meet the economic responsibilities placed on the applicant, based upon purchase price and renovation costs. The proposed alteration of the eye- brow window is a necessary alteration to meet life and safety standards, as advised by the City's Office of Central Inspection. The bottom sill of exterior openings from sleeping areas are supposed to be no higher than 44 inches from the floor and the size of the opening at least 5.7 square feet, and the existing dormers do not meet either of these requirements. Waiving these requirements has the potential to place the applicant in a liability situation. Further, deepening the eye-brow window would also more light to the rooms, making them more marketable. 2. PROJECT: Elevation of the porte-cochere floor. SHPO JUSTIFICATION: "The elevation of the porte-cochere is a significant alteration of an historic space that characterizes the property...the introduction of an elevated platform at the porte-cochere will alter the architecture of this building as a physical example/record of its time." HPB: Recommend denial of elevation of porte-cochere floor. STATE-OFFERED SOLUTION: "That the existing carriage steps at the porte- cochere porch floor be altered for new entry steps to the Castle. This will eliminate raising the porte-cochere as proposed." STAFF ANALYSIS: Since the applicant is to appear before the HPB with additional information, on Monday, January 9, 1995, it would be premature for Staff to comment at this point. 3. PROJECT: Addition of dormer to the north elevation of the main house. The Lowry's proposed the addition of the dormer window to provide required life safety code egress from a sleeping area. SHPO JUSTIFICATION: "The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize the property shall be avoided... Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken." HPB: Approved the addition of a north dormer. STATE OFFERED SOLUTION: That an additional window be introduced on the north to achieve the required five bedrooms, only if they (owners) can obtain a waiver from the City not to alter the original eye-brow windows. STAFF ANALYSIS: The proposed addition of a dormer is a necessary addition to the attic space to meet the minimum for life and safety standards, as directed by the City's Office of Central Inspection. The building code requires each sleeping area to have direct access to an exterior escape route. 4. PROJECT: The alteration of the triple- hung window in a second-floor bedroom that was historically used for access to the balcony, to a full height door. SHPO JUSTIFICATION: "The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize the property shall be avoided." HPB: Approved conversion of the triple sash windows to full-height doors with intermediate mullions to simulate the existing triple sash windows, and that the triple windows that are to be removed be stored on site and labeled as to their original location. STAFF ANALYSIS: The conversion of the triple-hung windows to French doors is a reversible construction element, since the size of the door opening is not being altered. Because the removed windows are to be stored on-property, a return to a triple- hung window system is possible. The matter is now presented to the City Council, as per state law requirements for "consideration of all relevant factors" in order to determine whether or not a "feasible and prudent alternative" exists to the above mentioned projects. The City of Wichita has the responsibility of implementing state law at the local level. The SHPO must be given five days notice of the City's determination, by certified mail, that no feasible and prudent alternative exists. Additionally, "any person aggrieved by the determination a governing body may appeal such determination" to the district court. Marvin Krout Director of Planning said it is recommended the recommended alterations of the new dormer on the 3rd floor, deepening of the two eyebrow windows on the north and south elevations on the 3rd floor, conversion of the two triple-hung windows on the east elevation to full height doors of similar appearance, and an affirmative vote on the appeal on the driveway and approve the elevation of the driveway through the porte-cochere (2' change) based on the drawings submitted to the Preservation Board be approved. Ron Spangenberg Ron Spangenberg, Architect, said the driveway through the porte- cochere would be grade concrete (with joints inserted for easy removal) with limestone edgings to go with the house. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Council determine that the proposed project will be carried out in the manner which will include all possible planning to minimize harm to the Castle and its environs and that "no feasible and prudent alternatives" exist in allowing the following alterations to occur: 1) Alterations to the north and south eye- brow, to meet life safety requirements as advised by the Office of Central Inspection. 2) Allow for the addition of one attic dormer window, to allow for life safety requirements as advised by the Office of Central Inspection. 3) Allow for conversion of two triple-hung windows to doors of like appearance. 4) Allow the the elevation of the driveway through the porte-cochere (2' raise) based on the drawings submitted to the Preservation Board. The Council directs the City Attorney to prepare Findings of Fact based on the information presented to the Council today and to return such Findings to the Council at its next meeting for adoption as part of those proceedings. -- carried Motion carried 7 to 0. CITY COUNCIL AGENDA (Item No. 1) RECYCLABLES COLLECTION PROGRAM FOR COLLECTION OF RECYCLABLE MATERIALS AT PERMANENT SELECTED SITES. PROGRAM (Requested by Council Member Kamen) Council Member Kamen Council Member Kamen said he would like staff to consider the following recycling program or send the information to a committee. It is my belief that a city run program for the collection of recyclable materials at permanent selected sites throughout the city would be the most efficient and cost effective program that we could implement. The cost of recycling at permanent sites would be but a small fraction of what it would cost to implement a mandatory curbside recycling program. I am basing my conclusions on the following assumptions: 1. That we are eventually going to implement some sort of city wide recycling program. 2. That 10 to 12 sites scattered throughout the city would afford all persons an opportunity to drop off RECYCLABLES." 3. That these sites be on donated property such as now exists at four Dillon Grocery stores. 4. That the city acquire and furnish recycling containers so that any company or individual can bid with the city for pick up and hauling. 5. That this program will coincide with the opening of Weyerhaeuser's recycling facility. 6. That, since this program is relatively inexpensive, it be paid from revenues from the landfill. (Approx. $150,000 to $175,000/year on hauling bid basis) 7. That these sites be periodically monitored and cleaned up by "Community Service" workers assigned by the courts. "Since my assumptions could be faulty, I would ask my colleagues to pass a motion to ask staff to study the actions I have outlined here, and to bring us their recommendations, hopefully, within the next three weeks. And, their recommendations may be to give this to the Landfill Committee with certain other situations." Mayor Broadfoot Mayor Broadfoot said there is a Solid Waste Management Committee and the process would be circumvented if this were not sent to that Committee for review. This would be recommended in addition to what Council Member Kamen has proposed. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard. Margaret Miller Margaret Miller spoke in support of the drop off sites. There is need for a recycling coordinator - someone to coordinate the education for the public and to go around and supervise these sites. Also, it would be good for the program to go county- wide. Ms. Miller said she would like this program to be in operation by Earth Day. Mayor Broadfoot Mayor Broadfoot said the Solid Waste Management Committee is County-wide which would be another good reason for sending the proposal to that Committee. Council Member Reeser Council Member Reeser suggested the Solid Waste Management Committee handle this issue separate from all their other issues so that recommendations can be forthcoming faster than the other issues. Motion -- Kamen moved that this be referred to the Solid Waste Management Committee for recommendations. Mayor Broadfoot Mayor Broadfoot asked that Staff work with the Committee to expedite this matter. -- carried Motion carried 7 to 0. APPOINTMENTS APPOINTMENT TO WICHITA COMMISSION OF THE STATUS OF WOMEN. One appointment (Kamen), for a term expiring June 30, 1995. Motion -- carried Kamen moved that his appointment be deferred two weeks. Motion carried 7 to 0 APPOINTMENTS TO WICHITA PUBLIC BUILDING COMMISSION. Two appointments (Cather, Rogers), for terms to expire June 30, 1995. Motion -- carried Cather moved that his appointment be deferred two weeks. Motion carried 7 to 0 Motion -- carried Rogers moved that his appointment be deferred two weeks. Motion carried 7 to 0 CONSENT AGENDA Broadfoot moved that the Consent Agenda including addendum, except Items 9, 21b, 24, and 27a, be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORTS OF THE BOARD OF BIDS AND CONTRACTS DATED JANUARY 3 AND JANUARY 9, 1995. At 10:00 a.m., Friday, December 30, 1994, 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 January 3, 1995) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Constructing Lateral 337, Southwest Interceptor Sewer, to serve Lots 8 and 9, Block C, Prospect Park Addition (east of Ridge Road, north of MacArthur). (468- 82398/742007/480292) Does not affect existing traffic. (Council approval date 06-21-94) (District - County) Duling Construction Company, Inc. - $9,699.00 (Alternate #1) Westlink Rolling Hills Drainage Improvement (west of Tyler, north of Maple). (468-82258/724013/420502) Does not affect existing traffic. (Council approval date 02-26-91) (District V) Bergkamp Construction - $559,049.70 The Board of Bids and Contracts recommended that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid and within the Engineer's construction estimate. Broadfoot moved that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign the contract for the City. Motion carried 7 to 0. At 10:00 a.m., Friday, January 6, 1995, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes January 9, 1995) PUBLIC WORKS DEPARTMENT/FLEET AND BUILDINGS DIVISION: DEMOLITION OF SINGLE-FAMILY RESIDENCE FOR THE CONSTRUCTION OF THE ICE RINK FACILITY Group I: Cornejo and Sons, Inc. - $3,234.00 Non Friable - $ 3.00 (Per S.F.) Non Friable - $ 15.00 (Per L.F.) Friable - $ 35.00 (Per S.F.) Friable - $ 27.00 (Per L.F.) Mobilization - $ 200.00 (Lump Sum) Group II: Key Construction, Inc. - $3,565.00 Non Friable - $ 7.00 (Per S.F.) Non Friable - $ 9.50 (Per L.F.) Friable - $ 24.00 (Per S.F.) Friable - $ 28.00 (Per L.F.) Mobilization - $ 475.00 (Lump Sum) Group III: Southwest Salvage - $2,710.00 Non Friable - $ 2.00 (Per S.F.) Non Friable - $ 10.00 (Per L.F.) Friable - $ 8.00 (Per S.F.) Friable - $ 14.00 (Per L.F.) Mobilization - $ 400.00 (Lump Sum) Group IV: Southwest Salvage - $1,850.00 Non Friable - $ 2.00 (Per S.F.) Non Friable - $ 10.00 (Per L.F.) Friable - $ 8.00 (Per S.F.) Friable - $ 14.00 (Per L.F.) Mobilization - $ 400.00 (Lump Sum) Group V: Southwest Salvage - $1,850.00 Non Friable - $ 2.00 (Per S.F.) Non Friable - $ 10.00 (Per L.F.) Friable - $ 8.00 (Per S.F.) Friable - $ 14.00 (Per L.F.) Mobilization - $ 400.00 (Lump Sum) Alternate Bid #2: Cornejo and Sons, Inc. - $141,750.00 Non Friable - $ 3.00 (Per S.F.) Non Friable - $ 15.00 (Per L.F.) Friable - $ 35.00 (Per S.F.) Friable - $ 27.00 (Per L.F.) Mobilization - $ 200.00 (Lump Sum) The Board of Bids and Contracts recommended that the contract be awarded as outlined above, same being the lowest and best bid. Broadfoot moved that the contract be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATION FOR ADULT HOTEL. Renewal 1995 Donna Moody Wichita Inn Motel Systems2020 S. Broadway APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1995 (Consumption on Premises) George M. Furney Sim Park Golf Course2020 W. Murdock Pat Sims Godfather's Pizza4840 S. Broadway Kim Gibson Braeburn Golf Club at WSU4201 E. 21st Street (Consumption off Premises) John R. Leftwich C Mart #9195 2320 E. Mt. Vernon John R. Leftwich C Mart #9166 7990 E. Central Motion -- Broadfoot moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Constructing Lateral 51, Main 3, Southwest Interceptor Sewer, to serve Vilm Gardens Second Addition (west of Seneca, south of 43rd Street South). (468- 82409/742080/4800300) Does not affect existing traffic. (Council approval date 09-13-94) (District IV) b. Constructing Lateral 33, Main 15, Southwest Interceptor Sewer, to serve Lake Ridge Commercial Second Addition (north of 21st Street Street, east of Ridge). (468-82427/742197/480311) Does not affect existing traffic. (Council approval date 11-01-94) (District V) c. Constructing a water distribution system to serve Lexington Addition, Phase II (west of Maize, south of Maple). (448-88654/732321/470310) Does not affect existing traffic. (Council approval date 01-05-93) (District V) d. Constructing a water distribution system to serve Lake Ridge Commercial Second Addition (north of 21st Street, east of Ridge). (448-88870/732537/470331) Does not affect existing traffic. (Council approval date 11-01-94) (District V) e. Improving McDonald Park Golf Course renovations and drainage improvements project (GC-1) (840 North Yale). Does not affect existing traffic. (Council approval date 01-10-95) (District I) f. Improving Maybelle from the west line of Taft to the east line of Stoneypoint Circle; Stoneypoint from the east line of Stoneypoint Circle to the west line of Taft; Stoneypoint Circle from the north line of Stoneypoint to and including the cul-de-sac serving Lots 13 through 20, Block 1; Taft Circle from the south line of Taft to and including the cul-de-sac, serving Lots 17 through 24, Block 3, Lexington Addition (west of Maize, south of Maple). (472- 82286/762625/490365) Does not affect existing traffic. (Council approval date 01-05-93) (District V) g. Improving Central Park from the west line of Tyler Road to the west line of Lot 42, Block 2; Keith from the west line of Lot 42, Block 2, to the north line of Bradford South Addition; four Central Park Courts adjacent to Lots 1 through 10, Block 1, Lots 5 through 16, Block 2, Lots 23 through 31, Block 2, and Lots 32 through 40, Block 2; three Keith Courts adjacent to Lots 42 through 48, Block 2, Lots 1 through 19, Block 3 and Lots 27 through 39, Block 3; and Bellwood from the south line of Central Park to the south line of Bradford South Addition (north of 21st Street, west of Tyler). (472- 82479/762856/490388) Does not affect existing traffic. (Council approval date 07-12-94) (District V) h. 1995 Contract maintenance preparatory curb and gutter repair and miscellaneous concrete repair at various locations. (132258/112000) Traffic to be carried through construction. (Council approval date 12-20-94) (District All) Motion -- Broadfoot 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., January 20, 1995. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Parking lot north of the Keen-Kutter Building (between Rock Island and Mosley south of Second Street), in the amount of $40,000. (472-82527/791145/435145) Does not affect existing traffic. (Council approval date 11-01- 94) (District VI) b. 1994 Sanitary Sewer Rehabilitation Program - Phase V (various locations), in the amount of $116,749.39. (468-82399/623124/533004) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 05-17-94) (District II, IV, and VI) c. Constructing Lateral 337, Southwest Interceptor Sewer, to serve Lots 8 and 9, Block C, Prospect Park Addition (east of Ridge Road, north of MacArthur), in the amount of $23,000. (468-82398/742007/480292) Does not affect existing traffic. (Council approval date 06-21-94) (District - County) d. Westlink Rolling Hills Drainage Improvement (west of Tyler, north of Maple), in the amount of $925,458. (468-82258/724013/420502) Does not affect existing traffic. (Council approval date 02-26-91) (District V) Motion -- Broadfoot moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST (CHESNEY). a. Constructing a water distribution system to serve The Moorings Addition - $16,640. (448- 88539/731802/470257) b. Constructing a water distribution system to serve The Moorings Addition - $15,030. (448- 88540/731810/470258) c. Constructing a water distribution system to serve Belle Terre Addition - $48,622. (448- 88711/731927/470270) d. Constructing a water distribution system to serve White Tail Addition - $91,673. (448- 88757/731950/470273) e. Constructing a water distribution system to serve White Tail Addition - $20,935. (448- 88758/731968/470274) f. Constructing a water distribution system to serve White Tail Addition - $22,330. (448- 88760/731976/470275) g. Constructing a water distribution system to serve White Tail Addition - $21,848. (448- 88761/731984/470276) h. Constructing a water distribution system to serve White Tail Addition - $33,981. (448- 88762/731992/470277) i. Constructing a water distribution system to serve White Tail Addition - $34,080. (448- 88763/732008/470278) j. Constructing a water distribution system to serve White Tail Addition - $30,596. (448- 88764/732016/470279) k. Constructing a water distribution system to serve White Tail Addition - $24,687. (448- 88765/732024/470280) l. Constructing a water distribution system to serve White Tail Addition - $15,806. (448- 88766/732032/470281) m. Constructing a water distribution system to serve Briarwood Estates Sixth Addition - $14,389. (448- 88609/732107/470288) n. Constructing Lateral 32, Main 12, Southwest Interceptor Sewer, to serve Sunridge Second Addition - $44,264. (468-82157/741751/480267) o. Constructing Lateral 317, Southwest Interceptor Sewer, to serve Wheatland Addition - $40,883. (468- 82287/741769/480268) p. Constructing Lateral 5, Main 11, Southwest Interceptor Sewer, to serve Prairie Park Second Addition - $22,946. (468-81107/741785/480270) q. Constructing Lateral 108, Westlink Sewer, to serve Lots 2-6, Block 6, Sterling Farms Addition - $27,912. (468-82320/741819/480273) r. Constructing Lateral 7, Main 17, Southwest Interceptor Sewer, to serve Forest Lakes Addition - $102,597. (468-82305/741835/480275) s. Constructing Lateral 8, Main 17, Southwest Interceptor Sewer, to serve Forest Lakes Addition - $99,688. (468-82306/741843/480276) t. Constructing Lateral 22, Main 15, Southwest Interceptor Sewer, to serve Reflection Ridge Sixth Addition - $164,371. (468-82099/741850/480277) u. Constructing Lateral 21, Main 1, Cowskin Interceptor Sewer, to serve Breezy Pointe Second Addition $92,604. (468-82264/741876/480279) v. Constructing Lateral 28, Main 15, Southwest Interceptor Sewer, to serve Socora Village Addition - $80,706. (468-82251/741892/480281) w. Improving 34th Street North/Inwood from the east line of Killarney West Residential to the south line of Lot 17, Block 2, Leewood Village at Northrock; Governeour/35th Street North from the north line of 34th Street North to the west line of Lot 10, Block 2, Leewood Village at Northrock; Governeour Circle from the north line of 35th Street North to and including the cul-de-sac serving Lots 10-20, Block 1, Leewood Village at Northrock; Inwood Court from the north line of 34th Street North to and including the cul-de-sac serving Lots 22-33, Block 2, Leewood Village at Northrock; the "Eyebrow" serving Lots 18-21, inclusive, Block 2, Leewood Village at Northrock - $227,036. (472-82222/761908/490293) x. Improving Sterling from the east line of Lot 48, Block 3, and the east line of Lot 22, Block 6, Sterling Farms to the west line of Tyler Road; Watersedge, Chartwell, and Baytree from the north line of Sterling to the north line of Sterling; Watersedge Court serving Lots 30-40, Block 1; Chartwell Circle serving Lots 8-11, Block 1; Chartwell Circle serving Lots 18-29, Block 1; Baytree Court serving Lots 10-13, Block 2; that there be constructed a sidewalk on the north side of Sterling from the east line of Lot 48, Block 3, Sterling Farms to the west line of Watersedge; that there be constructed a sidewalk on the south side of Sterling from the west line of Watersedge to the west line of Tyler Road; and that there be constructed a sidewalk from the north line of Reserve "A", Sterling Farms to the south line of Sterling, all in Sterling Farms Second Addition. $373,297. (472-82337/761916/490294) y. Improving 34th Street North from a point 120 feet east of the west line of Lot 18, Block 2, Willowood to the east line of Killarney West Residential Addition and constructing sidewalk along or near the property line of both sides of a point 120 feet east of the west line of Lot 18, Block 2, Willowood to the east line of Killarney West Residential Addition - $79,876. (472-82070/762096/ 490312) z. Improving Racehorse from the north line of Lot 36, Block 2, Rainbow Lakes West Third Addition to the west line of Rainbow Lake Road and Rainbow Lake Road from the south line of Lot 2, Block 2, Rainbow Lakes West Third Addition to the north line of Lot 4, Block 1, Rainbow Lakes West Third Addition - $123,681. (472-82377/762104/490313) aa. Improving Fieldcrest from the north line of Pawnee to the north line of Stafford; on Stafford from the east line of Fieldcrest to the west line of Lark and on Blake Circle from the east line of Fieldcrest to and including the cul-de-sac in Park Glen Addition - $174,322. (472- 82275/762120/490315) bb. Improving Meribeau Court from the north line of Meribeau to and including the cul-de-sac to serve Lots 11-18, Block 4, and on Meribeau Court from Meribeau to and including the cul-de-sac to serve Lots 29-38, Block 1, Breezy Pointe Second Addition - $91,299. (472-82399/762179/490320) cc. Constructing a decel lane on the north side of 21st Street North from Crestline to the east line of Chadsworth Addition and median improvements in 21st Street North adjacent to Chadsworth Second Addition - $65,105. (472- 82190/762211/490324) dd. Improving 27th Street North and Battin from the east line of Oliver to the south line of Lot 21, Block 1; 27th Street North Court from the south line of 27th Street North to and including the cul-de-sac; sidewalk on the north side of 27th Street North and the east side of Battin in Pembrook Addition - $180,951. (472-82393/762328/490335) ee. Improving 16th Street North from the west line of Lot 27, Block 1 and the west line of Lot 29, Block 3, to the west line and extended to the west line of Lot 1, Block 4; Socora from the north line of Lot 46, Block 1 and the north line of Lot 1, Block 2 to the south line of Lot 53, Block 3, and the south line of Lot 1, Block 5; 16th Street Court from the north line of 16th Street North to and including the cul-de-sac, serving Lots 27-39, Block 1; Aberdeen Circle from the west line of Socora to and including the cul-de-sac, serving Lots 38-53, Block 3; and a sidewalk along the north side of 16th Street North in Socora Village Addition - $191,593. (472-82278/762419/490344) Motion -- Broadfoot moved that the Statements of Cost be received and filed and the City Clerk be instructed to prepare the proposed assessment rolls. Motion carried -- carried 7 to 0. PETITIONS PETITIONS (100%). a. Petition to pave North Shore Circle and North Shore Courts in Barefoot Bay Addition (north of 21st Street, East of Ridge). Agenda Report No. 95-007. On July 12, 1994, the City Council approved a paving petition to serve the Barefoot Bay Addition, a new single-family development. 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 is being submitted. The signature on the new petition represents 100% of the improvement district. The original project budget was $512,500. The new petition contains a $697,000 budget. The funding source is Special Assessments. (472-82478) (Hold for development) State Statutes provide that the petition is valid if signed by a majority of property owners or by owners of a majority of the property in the improvement district. Motion -- Broadfoot moved that the petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95- 001 Resolution of findings of advisability and Resolution authorizing improving of North Shore Circle from the east line of North Shore Blvd. to and including the cul-de-sac; and North Shore Courts from the east line of North Shore Circle to and including the cul-de-sac serving Lots 18 through 30 and Lots 35 through 41, Block 1, Barefoot Bay, Project No. 472-82478 (north of 21st, 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. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. b. Petition to pave Stoney Point, Westlawn, and Stoney Point Courts in Timber Ridge Addition (south of 21st Street, west of Maize). Agenda Report No. 95-008. On April 18, 1989, the City Council approved the Timber Ridge Addition, a new single-family development At the same time the Council approved paving, sewer, drainage and water petitions. The developer has submitted a new paving petition. The signature on the new petition represents 100% of the improvement district. The purpose of the new petition is to rephase the street construction in the development because the rate of home building has increased. The estimated project cost is $254,000. The funding source is Special Assessments. (472-82542) (Hold for development) Motion -- Broadfoot moved that the petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95- 002 Resolution of findings of advisability and Resolution authorizing improving of Stoney Point from the north line of West port to the east line of Parkdale; Westlawn from the east line of Stoney Point to the east line of Timber Ridge Addition; Stoney Point Court from the west line of Stoney Point to and including the cul-de-sac; and Stoney Point Court from the west line of Stoney Point to and including the cul-de-sac, Project No. 472-82542 (south of 21st, west of Maize) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. c. Petition for a water distribution system to serve part of Lot 2, Block A, S-J Properties Second Addition (south of 47th Street South, east of Clifton). Agenda Report No. 95-009. The signature on the petition represents 100% of the improvement district. The purpose of the project is to provide municipal water service to a commercial tract located outside the City limits. The estimated project cost is $4,500. The funding source is Special Assessments. (448-88880) Hold for development) Motion -- Broadfoot moved that the petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95- 003 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88880, S-J Properties Second Addition (south of 47th Street South, east of Clifton) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. d. Petition for a water supply line to serve Westside Assembly Chapel Addition (north of Central, west of 119th Street West). Agenda Report No. 95-010. The signature on the petition represents 100% of the improvement district. The purpose of the project is to provide municipal water service to a church building. The estimated project cost is $28,000 with $22,000 assessed to the improvement district and $6,000 paid by the Water Utility. The utility share is for the cost of oversizing the pipe to serve future development beyond the improvement district. (448-88885) Hold for development) Motion -- Broadfoot moved that the petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-95- 004 Resolution of findings of advisability and Resolution authorizing construction of Water Supply Line, Project Number 448-88885, Westside Assembly Chapel Addition (north of Central, west 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. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. EASEMENT AGREEMENT AGREEMENT TO DEDICATE FUTURE EASEMENT IN PINAIRE ADDITION. Agenda Report. Agreement dated December 15, 1994, from Horst Hillmann to dedicate future easement in Pinaire Addition (Main 14, Sanitary Sewer, Index #607861) (no cost to City). Motion -- Broadfoot moved that the Easement Agreement be approved and the Mayor be authorized to execute; and the document be recorded with the Register of Deeds. -- carried Motion carried 7 to 0. (Item No. 9) BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Appeals of Plumbers and Gas Fitters and Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers, 12/6/94 Board of Code Standards and Appeals, 12/5/94 Board of Electrical Appeals, 11/8/94 Board of Park Commissioners, 12/16/94, 12/12/94 CPO Northeast Council 1, 12/12/94 CPO East Council 2, 12/12/94 CPO Southeast Council 3, 12/22/94, 12/8/94 CPO Southwest Council 4, 12/22/94, 12/8/94 CPO Northwest Council 5, 12/28/94, 12/14/94 CPO North Central Council 6, 12/14/94 Public Art Advisory Board, 12/8/94 Wichita Airport Authority, 12/5/94 Wichita Employees Retirement System, 12/14/94 Wichita Police and Fire Retirement System of Wichita, 12/14/94 Wichita-Sedgwick County Board of Health, 12/8/94 Wichita-Sedgwick Council Metropolitan Area Planning Commission, 12/1/94, 11/17/94 Council Member Reeser Council Member Reeser said there was discussion on CPO Southwest Council 4 minutes with regard to Seneca (31st to Kellogg) and asked that Public Works Staff meet with CPO Staff regarding a date for a public meeting regarding the project and preliminary plans. Preference would be for a Monday evening with the meeting being held at City Hall or in District 4. Motion -- carried Reeser moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USE REQUESTS. There were no closures/uses considered. CONDITION/OPERATIONS REPORT ON CONDITION AND OPERATIONS. (BLACK AND VEATCH) Agenda Report No. 95-011. Under the provisions of Ordinance No. 41-934 of the City, adopted January 26, 1993, the Water and Sewer Utility is required to fulfill the requirements of the revenue bond covenant set forth in Section 1005, Consulting Engineers; Consulting Engineers' Report. This section reads as follows: "The City covenants that it will, for the purpose of performing and carrying out the duties imposed on the Consulting Engineers by this Ordinance, employ an independent engineer or engineering firm or corporation having a nationwide and favorable reputation for skill and experience in such work. "In 1994, and not less than every Three (3) years thereafter, the City will cause the Consulting Engineers to make an examination and written report on the condition and operation of the Utility, such report to include recommendations as to any changes in such operation deemed desirable. Such report shall also make references to any unusual or extraordinary items of maintenance and repair and any extensions, enlargements or improvements that may be needed in the period prior to the next consultant's report required by this Section. A copy of such report will be filed in the Office of the City Clerk, and duplicate copies thereof shall be mailed promptly to the Original Purchaser and to Financial Guaranty." The opinion, resulting from extensive, objective analysis, issued in the Condition and Operations Report prepared by the independent engineering firm, Black and Veatch, is that the "utilities' organizational structure, physical condition of service facilities, capital improvement and replacement program and financing plans are sound." Notably absent are any comments which would be expected to negatively impact the rating obtained from the bond rating agencies for future revenue bond issues. The report states that the Utility's capital improvement and replacement program, and financial plans are sound, and that the revenue bond ordinance minimum coverage requirements for the Rate Covenant Test and Additional Bonds Test are more than satisfied for each of the projected revenue bond issues and each of the years examined. The completion of the 1994 Condition and Operations Report by Black and Veatch satisfies the requirements of the bond covenant set forth in Section 1005 of Ordinance No. 41-934. Motion -- Broadfoot moved that the Report on Condition and Operations prepared by Black and Veatch for the City of Wichita, Kansas, Water and Sewer Department be received -- carried and filed. Motion carried 7 to 0. IRB - VYNE CORP. EXTENSION OF LETTER OF INTENT (VYNE CORPORATION). (District V) Agenda Report No. 95-012. On July 12, 1994, the City Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds in an amount not to exceed $2,000,000 to the Vyne Corporation. Bond sale proceeds will be used to finance the construction of a new assisted living facility. The Letter of Intent was issued with a six-month term, expiring on January 12, 1995. The project consists of the construction of forty-four (44) large one bedroom apartments, approximately 400- 600 s.f. in size with a complete service and support program to accommodate those residents who require assistance but not full nursing care. The facility will be located at Maple and 119th Street West. Vyne hopes to have the facility open in the spring of 1995 and to employ 15-20 people by the end of the first full operating year. On November 1, 1994, the City Council approved the Vyne Corporation's request to have the project site rezoned from AA (single dwelling) to BB (office) and B (multi- family). The Metropolitan Area Planning Commission recommended approval of the zoning request. Vyne Corporation requests the City Council extend their Letter of Intent for a second 6-month period ending July 12, 1995. The extension is requested due to delays caused by the zoning and platting process incurred with respect to the property which Vyne has contracted to purchase. A lawsuit has been filed in district court against the City challenging the validity of the City Council's actions to approve the zoning change. The IRBs cannot be issued until the lawsuit has been resolved. Since the original expiration date for the Letter of Intent is January 12, 1995, a six-month extension is needed. Vyne Corporation agrees to pay all costs of issuing the bonds and agrees to the City's administrative fee for the term of the bonds. Costs for extending the Letter of Intent will be included in the costs to issue the bonds. No tax abatement will be granted by virtue of the bond issue. Bonds cannot be issued while there is pending litigation involving the project. Bond Counsel and the City's Law Department will determine if and when the legal obstacles have been resolved and the bond issue can move forward. Motion -- Broadfoot moved that an extension of Vyne Corporation's Letter of Intent for a -- carried six-month period ending July 12, 1995, be approved. Motion carried 7 to 0. CONSULTANT CONTRACTS AGREEMENTS FOR DESIGN SERVICES AND SUPPLEMENTAL AGREEMENT FOR ENGINEERING SERVICES. a. Bradford South Addition (Poe and Associates of Kansas) (District V) Agenda Report No. 95-013. The City Council approved the Bradford South Addition development on July 12, 1994. The proposed Agreement between the City and Poe & Associates of Kansas provides for the design of paving Central Park, Keith, Central Park Courts, Keith Courts and Bellwood (north of 21st, west of Tyler). Because Poe & Associates of Kansas provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $54,900 and will be paid by Special Assessments. Motion -- Broadfoot moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. b. Central Business District Signalization Program (Professional Engineering Consultants) (District VI) Agenda Report No. 95-014. On September 27, 1994, the City Council approved the design of downtown traffic signals and authorized the Staff Screening and Selection Committee to select a design engineer. Professional Engineering Consultants (PEC) was selected November 22, 1994 because of their approach to the project, knowledge and expertise. Construction plans will be prepared for larger signals and new overhead support structures. The project is part of an ongoing program to bring the City's downtown signal system into compliance with Federal regulations that require overhead signal indications for increased visibility and safety. Payment to PEC will be on a lump sum basis not to exceed $35,000. An additional $5,000 is requested for design review. The total $40,000 is included in the Capital Improvement Program (MS-9308) and will be paid from General Obligation Bonds. The proposed 1995 CIP contains only $30,000 for design expenses. Staff proposes that the additional $10,000 needed for design expenses be shown in the 1996 CIP budget for this project. The local construction budget in 1996 has been reduced by $10,000 to reflect the $10,000 needed for design. As the design develops in 1995, the amount needed for construction funding in 1996 and 1997 can be more accurately estimated. At that time, revised construction budget figures will be included in the 1996-2005 CIP. The Federal Government will participate in construction funding. Motion -- Broadfoot moved that the Agreement be approved and the Mayor be authorized to -- carried execute; and the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95- 005 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements for the Central Business District Signalization Program (472- 82503), presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. c. White Tail Addition (Professional Engineering Consultants) (District II) Agenda Report No. 95-015. The City Council approved the White Tail Addition development on November 30, 1993. The proposed Agreement between the City and Professional Engineering Consultants (PEC) provides for the design of Water Distribution System No. 448-88768 and Water Distribution System No. 448-88769 in White Tail Addition (south of 13th, west of 127th Street East). Because PEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $19,900 and will be paid by Special Assessments. Motion -- Broadfoot moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. d. (Supplemental Agreement) Brooks Landfill Vertical Expansion (SCS Engineers) Agenda Report No. 95-016. In 1991, new federal regulations were promulgated governing landfills and landfill expansions; most of them became effective in 1993. These regulations, Subtitle D of the Resource Conservation and Recovery Act (RCRA), placed limitations on existing landfills such as Sedgwick County's Brooks Landfill. The Kansas Department of Health and Environment (KDHE) is responsible for administering the Subtitle D provisions and establishing regulations for enforcement. Effective October 24, 1994, new KDHE regulations included provisions for new landfills and restriction of vertical expansions of existing landfills. Under this regulation, the Brooks Landfill permit will expire on October 9, 1996, unless a permit for "vertical expansion of an existing landfill" is approved. KDHE has advised that the City must provide engineering plans, drawings, data related to the current Landfill conditions and proposed final conditions in applying for the vertical expansion permit. The permit request will be for a five-year period from October 9, 1996 to October 9, 2001. Any extension beyond 2001 will require another vertical expansion permit. The 1995 Landfill budget and tipping fee schedule was developed to include estimated costs to employ an engineering firm to perform the needed services for this permit. On December 15, 1992, SCS Engineers, a Kansas City firm, was contracted to perform a site study, design and permitting services for a proposed horizontal expansion of the Brooks Landfill onto the adjacent Kingsbury tract. On March 22, 1994, SCS was selected to perform a drainage study and design of needed drainage improvements on Brooks Landfill. SCS was selected for these projects in accordance with the procedures of AR-7, Employment of Professional Services, including interviews by the Staff Screening and Selection Committee. It is recommended that the services of SCS be secured for the vertical expansion permit through a Supplemental Agreement in coordination with the other studies. The benefits of the Supplemental Agreement are: The hearings associated with the new expansion onto Kingsbury will be presented in the Spring of 1995. The vertical expansion services should be completed and results presented at the same time to assure KDHE there has been opportunity for public input on both. The coordination of Brooks drainage improvements to the proposed final plans and contours can be best assured through a single consultant. Consistent representation of the City's proposals to KDHE is important. Having the same consultant develop both permits for vertical and horizontal expansions will assure there are no inconsistencies. Time savings involved in consultant selection, data gathering, coordina- tion of designs and availability for meetings and hearings will allow the vertical expansion permitting process to track efficiently with the services coordinated under a single consultant. During the five-year vertical expansion, it is estimated that 4.75 million cubic yards of airspace will be utilized. Using the 1995 tipping fee of $15.73 per ton, it is estimated that the total revenue for the City, contractor and KDHE generated over the five-year period will be $43.26 million. Sixty-five thousand dollars ($65,000) is included in the 1995 Adopted Landfill Budget for this program. The Supplement Agreement has been negotiated for a cost not to exceed $53,073 and will be funded through Landfill tipping fees. Motion -- Broadfoot moved that Supplemental Agreement No. 3 with SCS Engineers be approved -- carried and the Mayor be authorized to sign. Motion carried 7 to 0. CDBG CONTRACT CDBG CONTRACT AMENDMENT (UNITED METHODIST URBAN MINISTRY). Agenda Report No. 95-017. On October 12, 1993, the City Council approved a $9,000 contract with United Methodist Urban Ministry, Inc., effective July 1, 1993, to use CDBG funds for installation of automatic doors at its clinic facility. Funds remained after that work was completed and United Methodist Urban Ministry requested use of those funds to remove architectural barriers in rest rooms at the homeless drop in center. Unexpended funds of approximately $4,800 remain with an estimated cost of $4,000 to make the rest room modifications. This amendment allows the remaining funds to be used for that purpose and extends the term of the contract until March 31, 1995. There is no change in the $9,000 contract amount. Motion -- Broadfoot moved that the Contract Amendment be approved and the Mayor be -- carried authorized to execute. Motion carried 7 to 0. BUDGET ADJUSTMENT BUDGET ADJUSTMENT (OFFICE OF CENTRAL INSPECTION). Agenda Report No. 95-018. The Office of Central Inspection is facing a year-end shortfall of $16,000 in the contractuals portion of its 1994 Revised budget. The shortfall results from legal expenses incurred in defending the City against a lawsuit directed at operations and management of the Office of Central Inspection. Due to cancellation of a budgeted voice mail system in 1994 ($60,000), a projected underexpenditure in the capital outlay portion of the 1994 Revised budget is available to offset the effect of the above expenditure impact on contractuals. Central Inspection is essentially a self- supporting fund that, on average, generates more revenue than expenditures annually. Failure to address the budget shortfall at this time will result in budget failure and corresponding negative impacts on the 1995 Adopted budget. Motion -- carried Broadfoot moved that the Budget Adjustment be approved. Motion carried 7 to 0. USD 259 CONTRACT CONTRACT WITH USD #259 - DRUG/VIOLENCE PREVENTION OFFICER. Agenda Report No. 95-019. Representatives from the School District and the Police Department support an increased interaction between law enforcement officers and students. Within the Substance Abuse Prevention and Intervention Section of the Wichita School System is a position for a Drug/Violence Prevention Officer that was approved last year by the memorandum of agreement between the City and the USD 259 Board of Education. School management believes that a professionally trained police officer presence will continue to benefit the program. Continued approval of this position assignment would require an assignment of a Police Officer. The responsibilities of this position include: (1) Prevention and reduction of self-defeating behaviors -- such as youth violence and gang involvement -- through educational experience targeting students, staffs, and parents; and (2) Assistance to school personnel in establishing and maintaining a safe and secure school environment. This program implements the community policing principles and further provides police assistance to the schools, in addition to the D.A.R.E. and School Liaison Program. An agreement with the School District is proposed for the period ending June 30, 1995. The budget of the Police Department will not be impacted by this school assignment. The School District will reimburse the City for the costs of this officer assignment pay to the City of Wichita. Motion -- Broadfoot moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF PROPERTIES: (a) 426 S. Smythe, Tract 41 - Ice Rink Project Agenda Report No. 95-020. The Ice Rink Project, approved by Council on August 30, 1994, will require the acquisition of 55 multi- family, single-family residential & commercial tracts. One of the properties identified for acquisition for the actual Ice Rink project site is the property located at 426 S. Smythe (Lots 14 and 16, on Smythe Avenue, Winne's Addition to Wichita, Sedgwick County, Kansas) and is owned by Jacqualine Weber. The property is a single family house and is leased until August 1995. An appraisal has been prepared which valued the property at $34,500. When a mutually agreeable sales price could not be arrived at, condemnation proceedings were initiated. Subsequently, a full fee appraisal was commissioned which valued the property at $37,500. The property owner had been asking $50,000 and has lowered their counter to $43,000 (115% of appraisal). Staff feels that it is advantageous to acquire this property at this time to allow negotiation with the tenant. Staff recommends acceptance of this offer. The property will be put up for sale to be relocated or be razed. A budget of $49,000 is requested. This includes $43,000 for the acquisition, $4,000 for demolition of the property, and $2,000 for closing costs, title insurance , survey, and maintenance costs not offset by rent. City has acquired or contracted for 44 tracts with total acquisition costs, including this acquisition, of $1,640,240, and closing and demolition costs of $247,000 making a total land acquisition cost of $1,887,240. Motion -- Broadfoot moved that the budget be approved; and the contract be approved and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. (b) 415 S. LaClede, Tract 6 - Ice Rink Agenda Report No. 95-021. The Ice Rink Project, approved by Council on August 30, 1994, will require the acquisition of 55 multi- family, single-family residential & commercial tracts. One of the properties identified for acquisition for the actual Ice Rink project site is the property located at 415 S. Laclede (Lots 5 and 7, on Winne now Laclede Avenue, Winne's Addition to Wichita, Sedgwick County, Kansas) and is owned by Gerald Howell. An appraisal has been prepared which which valued the property at $45,000. When a mutually agreeable sales price could not be arrived at, condemnation proceedings were initiated. Subsequently, a full fee appraisal was commissioned which valued the property at $54,000. The property owner had been asking for $52,000 so a contract for this amount was drafted. Staff recommends acceptance of this offer. The property will be put up for sale to be relocated or be razed. A budget of $58,000 is requested. This includes $52,000 for the acquisition, $4,000 for demolition of the property, and $2,000 for closing costs, title insurance , survey, and maintenance costs not offset by rent. City has acquired or contracted for 43 tracts with total acquisition costs, including this acquisition, of $1,597,240, and closing and demolition costs of $241,000 making a total land acquisition cost of $1,838,240. Motion -- Broadfoot moved that the budget be approved; and the contract be approved and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. (c) 3273 Neely Street, Tract 4 - 31st Street South Project Agenda Report No. 95-022. The right-of-way acquisition for the 31st Street South Widening Project, approved by Council on June 14, 1994, will require the acquisition of 11 easements or partial takings. Involved tracts include 5 residential properties and 6 commercial properties. One of the properties identified for partial taking, Tract #4, is located at 3273 Neely Street (the South 10 feet, and the North 10 feet of the South 20 feet of the West 10 feet of Lot 37, Block C, Plainview Subdivision Number two, and also a temporary easement on the North 10 feet of the South 20 feet except the West 10 feet thereof, of Lot 37, Block C, Plainview Subdivision Number Two, both in Wichita, Sedgwick County, Kansas) and is owned by Warren G. West. An appraisal has been prepared and reviewed which values the property at $770. The owner has agreed to sell it to the City for the $1,000. Funds have been budgeted in the 1994 Capital Improvement Program in the amount of $125,000. A budget of $1,300 in funds includes: $1,000 for acquisition, and $300 for closing costs, title insurance, survey, operating and maintenance expenses. Motion -- Broadfoot moved that the budget be approved; and the contract be approved and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. (d) 502 S. Smythe, Tract 44 - Ice Rink Project Agenda Report No. 95-023. The Ice Rink Project, approved by Council on August 30, 1994, will require the acquisition of 55 multi- family, single-family residential & commercial tracts. One of the properties identified for acquisition for the actual Ice Rink project site is the property located at 502 S. Smythe (Lots 22 and 24, on Smythe Avenue, Winne's Addition to Wichita, Sedgwick County, Kansas) and is owned by Roger McElroy. An appraisal has been prepared which which valued the property at $48,000. When a mutually agreeable sales price could not be arrived at, condemnation proceedings were initiated. Subsequently, a full fee appraisal was commissioned which valued the property at $62,000. The property owner has agreed to sell to the City for a negotiated value of $55,000. Staff recommends acceptance of this offer. The property will be put up for sale to be relocated or be razed. A budget of $61,000 is requested. This includes $55,000 for the acquisition, $4,000 for demolition of the property, and $2,000 for closing costs, title insurance , survey, and maintenance costs not offset by rent. City has acquired or contracted for 42 tracts with total acquisition costs, including this acquisition, of $1,545,240, and closing and demolition costs of $235,000 making a total land acquisition cost of $1,780,240. Motion -- Broadfoot moved that the budget be approved; and the contract be approved and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. (e) 419 S. Smythe, Tract 36 - Ice Rink Project Agenda Report No. 95-024. The Ice Rink Project, approved by Council on August 30, 1994, will require the acquisition of 55 multi- family, single-family residential & commercial tracts. One of the properties identified for acquisition for the actual Ice Rink project site is the property located at 419 S. Smythe (Lots 5 and 7, on Smythe Avenue, Winne's Addition to Wichita, Sedgwick County, Kansas) and is owned by Richard Arnold. An appraisal has been prepared which which valued the property at $34,500. When a mutually agreeable sales price could not be arrived at, condemnation proceedings were initiated. Subsequently, the property owner has agreed to sell to the City for a negotiated value of $38,200. Staff recommends acceptance of this offer. The property will be put up for sale to be relocated or be razed. A budget of $44,200 is requested. This includes $38,200 for the acquisition, $4,000 for demolition of the property, and $2,000 for closing costs, title insurance , survey, and maintenance costs not offset by rent. City has acquired or contracted for 40 tracts with total acquisition costs, including this acquisition, of $1,445,240, and closing and demolition costs of $223,000 making a total land acquisition cost of $1,668,240. Motion -- Broadfoot moved that the budget be approved; and the contract be approved and the -- carried Mayor be authorized to sign. Motion carried 7 to 0. PROPERTY DISPOSITION SALE OF 509 MCLEAN BOULEVARD - INFILL HOUSING PROJECT Agenda Report No. 95-025. The Infill Housing Project, approved by Council on August 30, 1994, will require that eight of the 22 McLean Boulevard houses be auctioned in "as is" condition for privately-financed moves to other lots. Sealed bids on two of these properties were opened in November of 1994. After the biding process, Jesse Cranston submitted on offer to purchase the house. The house is to be moved outside the City limits. Bids on these properties have ranged from to $4,027 to $101. Jesse Cranston has offered to buy the structure from the City for $4,000. Other bids for the property were as follows: $1,750 $1,500 $1,088 $1,033 and $351. One of the other homes auctioned received a bid for $4,027 and was accepted. All other bids were rejected. The City will receive $4,000 on the sale of the structure. Motion -- Broadfoot moved that the Sale of the structure be approved and the Mayor be -- carried authorized to sign necessary documents. YWCA CRISIS CENTER YWCA CRISIS CENTER FUNDING. Agenda Report No. 95-026. On June 28, 1994, the City Council approved CDBG funds of $108,000 for the YWCA Women's Crisis Center for a six month period with additional funding in the amount of $54,000 in the form of a challenge grant for the next six month period. Staff has reviewed records of the YWCA including copies of individual checks supporting donations as well as corresponding validated bank deposit slips noting that matching funds are available as of December 31, 1994, for the challenge grant. Staff confirmed that the YWCA has raised $55,000 from July 1 to December 31, and those funds are available for operating expenses of the Crisis Center for the period from January 1, 1995 to June 30, 1995. Additionally, staff has been advised by the external audit firm completing the YWCA financial and compliance audit for the period ending June 30, 1994, that there are no major audit findings or reportable conditions. The additional $54,000 CDBG funds will be budgeted as of January 1 to reimburse eligible Crisis Center expenses on a fifty/fifty basis with YWCA funds. The present City/YWCA contract will be amended to extend the time period until June 30, 1995, and increase the budgeted amount to a total of $162,000. Motion -- Broadfoot moved that an amendment to the CDBG contract for the additional $54,000 providing for an extension of the contract period to June 30, 1995, be approved -- carried and the Mayor be authorized to sign. Motion carried 7 to 0. PUBLIC HOUSING PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY. Agenda Report No. 95-02. On July 18, 1994, the Department of Housing and Urban Development (HUD) published the final rule establishing expanded definitions of Federal Preferences. In addition, this rule outlined the process for adoption of Local Preferences by Housing Authorities. Both the expanded Federal Preferences and Local Preferences must be incorporated in the Admissions & Continued Occupancy Policy. On October 20, 1994, the BOHC adopted two Local Preferences. Pursuant to federal regulations public comments were solicited for 30 days followed by a public hearing November 30, 1994. No comments were received. The proposed ACOP incorporates Federal and Local Preferences and establishes the placement and screening criteria for Public Housing applicants and residents. Pursuant to the final rule, the proposed ACOP must be submitted to HUD by January 18, 1995. The proposed ACOP meets the requirements of the Department of Housing and Urban Development. Motion -- Broadfoot moved that the Admissions & Continued Occupancy Policy be approved. -- carried Motion carried 7 to 0. POLICE MOTORCYCLE SALE SALE OF POLICE MOTORCYCLE TO CITY OF BEL AIRE. Agenda Report No. 95-028. A 1986 Kawasaki Police motorcycle was replaced this year with a new model and was to have been sold at the public auction in August. Via a request through the City Manager's office, the Bel Aire Police Department asked to be allowed to purchase the cycle at a price representative of the average sale price of other motorcycles sold at auction - $1,300. Further, Bel Aire requested that repairs be made to the vehicle to make it street ready. Repairs will cost $850, raising the purchase price to $2,150. Money received from the sale and repair will be credited back to the Fleet Maintenance Fund. Motion -- carried Broadfoot moved that the sale be approved. Motion carried 7 to 0. (Addendum Item 21a) CONSULTANT CONTRACT AGREEMENT FOR PROFESSIONAL SERVICES (LEGAL) - DOWNTOWN HOTEL PROJECT. Agenda Report. On December 20, the City Council directed staff to negotiate a developer agreement with the preferred developer on the Downtown Hotel project and to return the agreement to the Council for approval. The Department of Law proposes to retain outside legal counsel to assist in the drafting and/or negotiation of the developer agreement and other documents necessary for this project. The agreement allows the City to use the professional services of the law firm of Adams, Jones, Robinson & Malone, Chtd., and particularly Philip Bowman of that firm, in the drafting of the various documents needed for the Downtown Hotel project. The firm has the necessary experience and expertise to provide the required services. Legal services by the firm will be coordinated with that of bond council, other consultants, and City staff on an as needed basis. The amount of $25,000 is requested from the general fund reserves to cover the legal services under this agreement. Motion -- Broadfoot moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. (Addendum Item 21b) (The Council proceeded with the remainder of the agenda and returned to this Item after executive session. Council Members Cole, Ferris absent.) EMINENT DOMAIN PAYMENT PAYMENT FOR EMINENT DOMAIN ACTION - WESTLINK- ROLLING HILLS DRAINAGE CHANNEL. Agenda Report. On July 27, 1994, an eminent domain action was filed in the District Court to acquire certain right-of-way in connection with the Westlink-Rolling Hills Drainage Channel. The Court appointed three Appraisers and on December 19, 1994, they filed their award. The Appraisers valued the interests that the City sought to acquire at $131,500.00. In addition to the award, the Court ordered the City to pay each of the three Appraisers the sum of $2,250.00 for fees. Court costs are to be paid by the City in the amount of $66.50. The award of the Appraisers covers two tracts of land. Tract #1 is a partial taking of a drainage easement which is approximately 10,000 square feet. The remainder of the tract is improved with a 4100 square foot home, fenced pool and lighted tennis court, which remain undisturbed by the taking. The appraisers awarded the landowners damages in the amount of $115,000 for this taking. The remaining tract is Tract #2. This is a partial taking of a drainage easement which is approximately 3,400 square feet. The tract is improved with a 2800 square foot home and fenced pool with patio and deck. The home and pool are not disturbed by the taking. The appraisers awarded the landowner damages in the amount of $16,500 for this taking. Acquisition of these two tracts is necessary for the City's planned construction and maintenance of a drainage channel known as Westlink-Rolling Hills Drainage Channel and, in order to acquire the tracts it must pay the amount of the appraisers' award, together with fees and costs, to the Clerk of the District Court within 30 days of the date of the award (before January 18, 1995). The cost of these fees, court costs and expenses are to be charged to the project. The amount to be paid to the Clerk of the Court for fees and costs is $138,366.50. In order for the City to acquire this right- of-way it must pay the amount of the award, fees and costs into the Court on or before January 18, 1995. Motion -- Broadfoot moved that payment to the Clerk of the District Court of the appraisers' award, fees, related court costs in the total amount of $138,366.50 -- carried be authorized. Motion carried 5 to 0. (Cole, Ferris absent) NOTE/BOND SALE GENERAL OBLIGATION TEMPORARY NOTE SALE (SERIES 185); AND GENERAL OBLIGATION BOND SALES (SERIES 738). Agenda Report No. 95-029. The City is planning to offer for sale one series of general obligation temporary notes in the principal amount of $70 million and one series of general obligation bonds in the principal amount of $3.6 million, for the purpose of providing temporary and permanent financing for various capital improvement projects of the City. The public sale is scheduled for 10:30 a.m. on January 31, 1995, at which time sealed bids will be opened and the City Council will award the sale of each series of bonds and notes to the bidders whose proposed interest rates result in the lowest overall cost to the City. The Winter 1995 general obligation bond and note sale includes the following: Temporary Notes Proceeds from the sale of Series 185 Temporary Improvement and Renewal Notes will be used to finance the following projects: Storm Water Drainage $10,780,000 Public Improvements 17,492,000 Freeway Improvements 24,900,000 Neighborhood Improvements - Water 1,870,000 Neighborhood Improvements - Sewer 3,044,000 Neighborhood Improvements - Paving 10,759,000 Neighborhood Improvements - Storm Sewer 1,155,000 Total Series 185 Notes $70,000,000 Special Assessment Bonds Proceeds from the sale of Series 738 Bonds, in the principal amount of $3,600,000.00, will be used to permanently finance various neighborhood improvements located in special improvement districts. Special assessments have been levied against the property owners in the improvement districts for the purpose of paying all or a portion of the costs of such improvements, including the payment of principal and interest on the Bonds. The Series 185 Temporary Notes will mature on August 31, 1995, and will be retired at that time with the proceeds from the sale of either permanent financing bonds or renewal notes. The Series 738 Bonds will mature serially over 15 years with staggered principal maturities structured to produce level annual payments of principal and interest. The Series 738 Bonds are payable from the collection of special assessments levied against benefited properties, and if not so paid, from city-wide ad valorem taxes. The Series 738 Bonds will be callable in 2002 with a 1 percent call premium. Motion -- Broadfoot moved that the Resolution authorizing a General Obligation Bond and Note sale; approve the Preliminary Official Statement and authorize its distribution; and authorize the City Clerk to publish the Summary Notice of Bond -- carried and Note Sale as required by law be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95- 006 A Resolution of the City of Wichita, Kansas, authorizing and providing for the public sale of general obligation bonds and general obligation renewal and improvement temporary notes of the City; and providing for the giving of notice of the public sale, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. AIRPORT PROJECT CAPITAL PROJECT INITIATION. Agenda Report No. 95-030. The project is FAA Building Chiller Replacement and represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Wichita Airport Authority. The project has been included in a Capital Improvement Program of the City of Wichita. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The total cost for the capital improvements, based on the best present information, is $118,000. Motion -- carried Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95- 007 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Wichita Mid-Continent Airport Facility operated by the Wichita Airport Authority of the City of Wichita, Kansas. (Item No. 24) DOUGLAS/RUTAN BUILDING BONDING RESOLUTION FOR THE PURCHASE OF DOUGLAS/RUTAN BUILDING. Agenda Report No. 95-031. On November 12, 1992, the City of Wichita and Sedgwick County entered into an agreement with the State of Kansas to purchase the building located at Douglas Avenue and Rutan Street (the "Douglas & Rutan Building"), as part of the overall project to consolidate State offices in the City's core area. The agreement required the City and County to purchase the Douglas & Rutan Building prior to the date that the Lease for the new State Office Building, between the Wichita Public Building Commission and the State (the "State Lease") commenced. The term of the State Lease began on August 3, 1994, and the purchase of the Douglas & Rutan Building was closed on July 28, 1994. The total purchase price of the Douglas & Rutan Building was $2,955,440 with the City's and County's share being $1,477,720 each. On August 2, 1994, the City Council approved a Lease Agreement between the City and County, as Lessors, and the State of Kansas as Lessee, to permit the Kansas Department of Social and Rehabilitation Services to continue to occupy the Douglas & Rutan Building during the phased move-in period. The phased move into the new State Office Building lasted approximately eight weeks, during which time the City and County received rent payments that will be used to cover on-going operating costs of the Douglas & Rutan Building while it is being held for resale. The City is now ready to debt finance its share of the cost of purchasing the Douglas & Rutan Building. In order to do this, a bonding resolution in the form of the resolution is required. The adoption of the Resolution will establish the City's participation in the purchase of the building as a capital project to be permanently financed with the proceeds of general obligation bonds of the City. Pursuant to the Purchase Agreement, the City and County have paid a total net purchase price of $2,955,440 ($1,477,720 each). The original estimate of this price was $3,250,000 ($1,625,000 each). The City is actively seeking a purchaser for the building. The City's share of proceeds of the sale of the building will be deposited in the Debt Service Fund and used to retire bonds. Chris Cherches City Manager, responding to a question, said realtors have been asked to help the City sell this building and that he would give the Council a status report. Motion -- carried Reeser moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95- 008 A Resolution approving the initiation of a project to acquire the Douglas and Rutan Building, a public facility, in connection with the Core Area Initiative (State Office Building) and declaring it to be the intention of the City to issue general obligation bonds in an amount not to exceed $1,500,000.00 to pay all or a portion of the costs of such project, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. MACDONALD PARK GOLF BONDING RESOLUTIONS FOR RENOVATIONS TO AND STORM DRAINAGE IMPROVEMENTS FOR COURSE IMPROVEMENTS MACDONALD PARK GOLF COURSE. Agenda Report No. 95-032. The City Council has previously approved the general concept of a renovation of the MacDonald Golf Course. A portion of the renovation is to develop water detention ponds as part of the water conservation efforts at the course. One of the Council's previous actions was to approve a golf fee increase to finance the improvements. Additionally, it has been determined some storm water drainage improvements are also necessary at several points where storm water drains from the adjacent streets onto the golf course. These improvements are the responsibility of the Storm Water Utility. The bids for the improvements will be opened and returned to the City Council for consideration later this month. The bonding resolutions are a preliminary action and only provide the legal and financial authority to proceed with the capital improvements if the bids are favorable. The costs for golf course ($1.9 million) and storm drainage system improvements ($130,000) have been included in and will be paid by the Golf and Storm Water Utility Funds, respectively. Motion -- carried Broadfoot moved that the resolutions be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95- 009 A Resolution approving the initiation of a project to renovate MacDonald Golf Course; and declaring it to be the intention of the City to issue general obligation bonds in an amount not to exceed $1,900,000 to pay all or a portion of the costs of such project, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 010 A Resolution approving the initiation of a project to construct certain storm drainage improvements on MacDonald Golf Course; and declaring it to be the intention of the City to issue general obligation bonds in an amount not to exceed $130,000 to pay all or a portion of the costs of such project, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. SS RESOLUTION REVISED RESOLUTION - SANITARY SEWER TO SERVE FIELDCREST ADDITION WEST OF MAIZE, NORTH OF KELLOGG). (District V) Agenda Report No. 95-033. On October 27, 1992, the City Council approved a sanitary sewer petition for the Fieldcrest area, a single-family neighborhood located west of Maize, north of Kellogg. The project was constructed this past summer. The original authorizing resolution contained an error in the description of the improvement district. A new resolution has been prepared. The project cost is not affected. Motion -- carried Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-95- 011 Resolution of findings of advisability and Resolution authorizing construction of Lateral 17, Main 1, Cowskin Interceptor Sewer (west of Maize, north of Kellogg) Project No. 468-82255 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Broadfoot moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCES Second Reading Ordinances. (First Reading 12/30/94) (Item No. 27a) 2149 & 2157 E. 21st Council Member Rogers declared a conflict of interest and abstained from participation. ORDINANCE NO. 42-596 An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of acquiring the site for the UBI Financial Services, Inc. - Northeast Community Development Project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands and easements therein taken and providing for payment of the cost thereof, read for the second time. Ferris moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers abstained) Yeas: Cather, Cole, Ferris, Kamen, Reeser, Broadfoot. 641 McLean Blvd. ORDINANCE NO. 42-597 An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of acquiring the site for right-of-way in connection with the McLean Boulevard street realignment project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands and easements therein taken and providing for payment of the cost thereof, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. 2110 E. Third ORDINANCE NO. 42-598 An Ordinance providing for the acquisition by eminent domain of certain private property, easements, and right-of-way therein, for the purpose of acquiring property for right-of-way needed in connection with the Third Street Drainage Project in the City of Wichita, Sedgwick County, Kansas; designating the lands required for such purposes and directing the City Attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the lands and easements therein taken and providing for payment of the cost thereof, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. Amending 5.26 ORDINANCE NO. 42-599 An Ordinance amending Chapter 5.26 of the code of the City of Wichita, Kansas, and repealing the original of said chapter, pertaining to controlled substances, including possession of marijuana and drug paraphernalia, and the penalty therefore, read for the second time. Broadfoot moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. First Reading Ordinance. Motion -- carried Broadfoot moved that the following ordinance be placed on first reading. Motion carried 7 to 0. Special Assessment ORDINANCE An Ordinance making a special assessment to pay for the improvement of and providing a tax levy for the cost of construction of sidewalks in the City of Wichita, Kansas, introduced and under the rules laid over. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 8 had been pulled and Items 1, 6, 7, and 9 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Broadfoot moved that Planning Agenda Items 1, 6, 7, and 9 be approved as -- carried consensus Items. Motion carried 7 to 0. D-1682 D-1682 - DEDICATION OF STREET RIGHT-OF-WAY FOR HILLSIDE IN AN AREA NORTH OF LINCOLN. Agenda Report No. 95-034. MAPC Recommendation: Accept the dedication. This dedication was acquired as a condition of a Board of Zoning Appeals case (BZA 32- 94). An additional 20 feet of right-of-way was obtained in order to provide the standard 50 feet of half street right-of-way required for arterials such as Hillside. The dedication has been reviewed and approved by the Planning Commission. Motion -- Reeser moved that the document be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. V-1883 PUBLIC HEARING V-1883 - REQUEST TO VACATE STREET RIGHT-OF-WAY BUILDING SETBACKS (Item No. 2) AND UTILITY EASEMENTS AT THE S.E. CORNER OF 13TH ST. NORTH AND WEST STREET. Council Member Reeser declared a conflict of interest and abstained from participation on this Item. Agenda Report No. 95-035. Staff Recommendation: Approve vacation of street right-of-way, building setbacks and utility easements. MAPC Recommendation: Approve vacation of street right-of-way, building setbacks and utility easements. Restrictive Covenant Restrictive Covenants from QuikTrip Corporation. Dedication Dedication from QuikTrip Corporation. Dedication of abutters Two Dedications of abutters rights from QuikTrip Corporation. Partial Dedication Partial Dedication from QuikTrip Corporation. Letter of Credit Letter of Credit No. 5968 from Bank IV, Kansas, N.A., by Dina Aaby, Assistant Vice President. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Ferris moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the necessary documents, and a certified copy of the Order and the Documents be recorded with the Register of -- carried Deeds. Motion carried 6 to 0. (Reeser abstained) V-1889 PUBLIC HEARING V-1889 - REQUEST TO VACATE UTILITY EASEMENTS IN AN AREA NORTH OF HARRY AND EAST OF ROCK ROAD. (District II) Agenda Report No. 95-036. Staff Recommendation: Approve vacation of utility easements. MAPC Recommendation: Approve vacation of utility easements. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Broadfoot moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-1892 PUBLIC HEARING V-1892 - REQUEST TO VACATE PORTIONS OF UTILITY EASEMENTS LOCATED SOUTH OF 21ST ST. NORTH AND EAST OF ROCK ROAD. (District II) Agenda Report No. 95-037. Staff Recommendation: Approve vacation of utility easements. MAPC Recommendation: Approve vacation of utility easements. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Broadfoot moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-1893 PUBLIC HEARING V-1893 REQUEST TO VACATE AN ALLEY LOCATED NORTH OF 19TH ST. NORTH AND WEST OF WABASH. (District VI) Agenda Report No. 95-038. Staff Recommendation: Approve vacation of alley right-of-way. MAPC Recommendation: Approve vacation of alley right-of-way. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Broadfoot Mayor Broadfoot inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Broadfoot moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. S/D 94-33 S/D 94-33 - PLAT OF THE MEADOW CREEK ADDITION LOCATED SOUTH OF 29TH STREET NORTH AND WEST OF FAIRVIEW. Agenda Report No. 95-039. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. 100% Petitions for water, paving, incidental drainage, sanitary sewer and storm water sewer have been submitted. A zone change Z-3122 to "A" Two-Family Dwelling District has been approved for this site. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Water 100 Percent Petition for Water Distribution System to serve Meadow Creek Addition (south of 29th North, west of Broadway) Phase I (448-88889) $28,000 S.A. (Hold for development) Water 100 Percent Petition for Water Distribution System to serve Meadow Creek Addition (south of 29th North, west of Broadway) Phase II (448-88890) $25,000 S.A. (Hold for development) Sewer 100 Percent Petition for sanitary sewer to serve Meadow Creek Addition (south of 29th North, west of Broadway) Phase I (Lateral 129, Main 4, SS 23) (468-82445) $60,000 S.A. (Hold for development) Sewer 100 Percent Petition for sanitary sewer to serve Meadow Creek Addition (south of 29th North, west of Broadway) Phase II (Lateral 130, Main 4, SS 23) (468-82446) $32,000 S.A. (Hold for development) Storm Sewer 100 Percent Petition for storm water sewer to serve Meadow Creek Addition (south of 29th North, west of Broadway) (SWS 457) (468-82447) $32,000 S.A. (Hold for development) Paving 100 Percent Petition to pave Waco to serve Meadow Creek Addition (south of 29th North, west of Broadway) Phase I (472-82552) $60,000 S.A. (Hold for development) Paving 100 Percent Petition to pave Waco and Waco Courts to serve Meadow Creek Addition (south of 29th North, west of Broadway) Phase II (472-82553) $102,000 S.A. (Hold for development) Easement Utility Easement from Mennonite Housing Rehabilitation Service. Easement Easement from Mennonite Housing Rehabilitation Service. Cert. of Petitions Certificate of Petitions from Mennonite Housing Rehabilitation Service. Restrictive Covenant Restrictive Covenant from Mennonite Housing Rehabilitation Service. Motion -- Reeser moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change Z-3122 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has been -- carried recorded with the Register of Deeds. Motion carried 7 to 0. RESOLUTION NO. R-95- 012 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88889 (south of 29th Street North, west of Broadway) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 013 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88890 (south of 29th Street North, west of Broadway) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 014 Resolution of findings of advisability and Resolution authorizing construction of Lateral 129, Main 4, Sanitary Sewer #23 (south of 29th Street North, west of Broadway) Project No. 468-82445 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 015 Resolution of findings of advisability and Resolution authorizing construction of Lateral 130, Main 4, Sanitary Sewer #23 (south of 29th Street North, west of Broadway) Project No. 468-82446 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 016 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 457 (south of 29th Street North, west of Broadway) Project No. 468- 82447 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 017 Resolution of findings of advisability and Resolution authorizing improving of Waco from north line of Lot 6, Block 2, to the west line of Fairview, Meadow Creek Addition, Project No. 472-82552 (south of 29th Street North, west of Broadway) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 018 Resolution of findings of advisability and Resolution authorizing improving of Waco from north line of Lot 6, Block 2, to the north line of Meadow Creek Addition; Waco Courts from the east line of Waco to the east line of Lot 10, Block 2, and from the south line of Lot 12, Block 2, to the north line of Lot 16, Block 2, Meadow Creek Addition, Project No. 472-82553 (south of 29th Street North, west of Broadway) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3122 S/D 94-39 S/D 94-39 - PLAT OF THE HOSKINSON ADDITION LOCATED NORTH OF CENTRAL AND EAST OF RIDGE ROAD. (District V) Agenda Report No. 95-040. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Petitions, all 100%, have been submitted for sanitary sewer and traffic improvements. A Certificate of Petitions has also been submitted. This site is within the noise impact area of Mid Continent Airport and an avigational easement and restrictive noise covenant were required. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Sewer 100 Percent Petition for sanitary sewer to serve the Hoskinson Addition (east of Ridge, north of Central) (Lateral 343, SWI) (468-82444) $6,000 S.A. (Hold for development) Traffic 100 Percent Petition for right turn lane on Central to serve Hoskinson Addition (east of Ridge, north of Central) (472- 82551) $60,000 S.A. (Hold for development) Avigational Easement Avigational Easement from Richard and Verda M. Hoskinson, and Salah and Wissam Jamaleddine. Cert. of Petitions Certificate of Petitions from Richard and Verda M. Hoskinson. Restr. Covenant Restrictive Covenant from Richard and Verda M. Hoskinson, and Salah and Wissam Jamaleddine. Motion -- Reeser moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-95- 019 Resolution of findings of advisability and Resolution authorizing construction of Lateral 343, Southwest Interceptor Sewer (east of Ridge, north of Central) Project No. 468-82444 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. RESOLUTION NO. R-95- 020 Resolution of findings of advisability and Resolution authorizing construction of a right turn lane on Central to access Hoskinson Addition, Project No. 472-82551 (east of Ridge, north of Central) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Reeser moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Kamen, Reeser, Rogers, Broadfoot. S/D 94-69 S/D 94-69 - PLAT OF THE LARK SECOND ADDITION LOCATED SOUTH OF KELLOGG AND WEST OF LARK LANE. (District V) This Item was pulled from the Agenda. S/D 94-70 S/D 94-70 - PLAT OF THE ELPYCO CHURCH OF CHRIST ADDITION LOCATED WEST OF 127TH STREET EAST AND NORTH OF CENTRAL. Agenda Report No. 95-042. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. This site is in the County and has guaranteed the extension of sanitary sewer through a County system. A Certificate of Petitions has also been submitted. This site will, however, use a