MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, May 19, 1998 Tuesday, 9:10 A.M. The City Council met in regular session with Vice Mayor Gale in the Chair. Council Members Cole, Kamen, Lambke; present. Council Members *Ferris, Rogers, and Mayor Knight; absent Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patsy Ellis, Deputy City Clerk; present. The invocation was given by Rev. Patt Herdklotz, Unitarian Universalist Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of May 12, 1998, were -- approved approved 4 to 0. (Ferris, Rogers, Knight; absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Vice Mayor Gale presented the Proclamations that were previously approved. SERVICE CITATIONS Vice Mayor Gale presented Distinguished Service Citations to those present. *Council Member Ferris present. PUBLIC AGENDA COMMENTS BY RUBY GILBERT. Ms. Gilbert was not present. UNFINISHED BUSINESS (Items 3 and the Planning Agenda were taken up out of order. Action is shown in Agenda order.) FIRE CODE 1997 EDITION OF THE UNIFORM FIRE CODE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-405 A. On May 12, 1998, the City Council approved first reading of the Ordinance adopting the 1997 Uniform Fire Code. In addition, the Council requested that further information be provided prior to second reading and adoption. The proposed Ordinance repeals the existing (1991) fire code and adopts the 1997 Uniform Fire Code in its entirety. Several amendments to the Uniform Fire Code are included which make technical changes to specific code provisions. The purpose of the amendments is to ensure that the Ordinances are as recent as possible and necessary to prevent or significantly reduce loss of life and property due to fire, hazardous material incident or other emergency. The current Code provides for storage, accumulation, use and handling of wood products, tire storage and compost and makes specific reference to individual piles and separation for tire storage and compost, but does not include recycled paper. The code addresses storage of combustible material (recycled paper). It is has been suggested that the City Council may wish to consider an amendment that specifically provides for exterior storage of individual piles and separation of combustible materials (recycled paper and baled materials). Fire Department Staff feels that pre-fire planning and annual fire safety inspections have minimized the potential for fires at facilities which handle combustible materials. These efforts, along with attempts to limit the number of local amendments to the fire code, were the factors considered when excluding the individual piles and separation issue for combustible materials. The following alternatives are available for Council consideration: Alternative #1 - Adopt the Ordinance as presented. Alternative #2 - Adopt the Ordinance as presented and request that Staff research Ordinances in other cities as they pertain to storage of all combustible materials, to include pallets, rags, baled and landscape materials. If a local amendment appears to be warranted, it could be returned to Council for consideration at a future date. Larry Garcia Fire Chief said the Fire Department is convinced that that code needs are met by the amendment as presented and requested approval by the City Council. Council Member Kamen Council Member Kamen said paper storage is not handled sufficiently and that he would vote in opposition to the ordinance. Motion -- carried Cole moved that the Ordinance be adopted. Motion carried 4 to 1. Kamen - No. (Rogers, Knight; absent) ORDINANCE NO. 43-884 An Ordinance creating sections 15.01.010, 15.01.020, 15.01.130, 15.01.140, 15.01.050, 15.01.060, 15.01.070, 15.01.080, 15.01.090, 15.01.100, 15.01.110, 15.01.120, 15.01.130, 15.01.140, 15.01.150, 15.01.160, 15.01.170 of the code of the City of Wichita, Kansas to adopt the 1997 edition of the uniform fire code and City of Wichita amendments thereto, repealing the originals of said sections and also repealing sections 15.01.045, 15.01.075, 15.01.095, 15.01.115, 15.01.165, 15.01.180, 15.01.185, 15.01.190, 15.01.200, 15.01.210, 15.01.220, 15.01.250, 15.01.260, 15.01.270, 15.01.275, 15.01.280, 15.01.300 and 15.01.310 of the code of the City of Wichita, Kansas, read for the second time. Cole moved that the Ordinance be placed upon its passage and adopted. Motion carried 4 to 1. Yeas: Cole, Ferris, Gale, Lambke. Nays: Kamen. (Rogers, Knight; absent) V-1990 V-1990 - REQUEST TO VACATE STREET RIGHT-OF-WAY LOCATED IN AN AREA SOUTH OF CENTRAL AND EAST OF GREENWICH. (District I) Marvin Krout Director of Planning reviewed the Item. The Storm Water Engineer recommended proceeding with the vacation case because, even if the drainage problem is solved, some drainage will continue to the east. In the future, there may be detention procedures to handle the drainage. R. W. Hayden R. W. Hayden said that if the water is not taken care of it will continue to flood his property and the property of Walter Kuykendall. There is a 10 foot barrier between the north fence of the O'Connell home. The 10' strip should be deed to the O'Connells or Mr. Hayden to ensure that the strip will not become a road and that it is maintained as an easement. Marvin Krout Director of Planning said Mr. Poppaw has said he would deed over the 10; strip but that he now expects the property owner to the south to take care of the paper work. 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. Vice Mayor Gale Vice Mayor Gale inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Kamen moved that 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 with recording being withheld until the street right-of-way -- carried dedication is accepted by the County. Motion carried 5 to 0. (Rogers, Knight; absent) HOTEL AT OLD TOWN HOTEL AT OLD TOWN. (District VI) a. Public Hearing and Issuance of Industrial Revenue Bonds - Allen Bell Financial Projects Director reviewed the Item. Agenda Report. On March 17, 1998, the City Council approved the issuance of a Letter of Intent for Taxable Industrial Revenue Bonds ("IRBs") in an amount not to exceed $10 million to The Hotel at Old Town, Inc. Bond proceeds will be used, together with Developer equity and a $3.3 million contribution from the City, to redevelop the Keen Kutter Building in Old Town, into a 107-room, extended stay hotel. HOT has not been granted an ad valorem tax abatement in connection with the IRBs. Construction on the Keen Kutter Building has already begun and the Developer is now ready to proceed with the issuance of the IRBs. In addition to property tax abatement, which has not been requested, state law governing the issuance of IRBs also allows the recipients of IRBs to claim sales tax exemptions on taxable materials and services that are purchased with the proceeds of the IRBs. The aggregate state and local sales tax rate is 5.9%. The total development budget, including sales tax, is estimated by HOT to be approximately $10.4 million. Total savings to be realized by the exemption of sales tax through the issuance of IRBS, are estimated to be approximately $335,000. In order to maximize the potential savings, HOT originally proposed funding the entire amount of the development costs of the project with IRB proceeds, including the $3.3 million portion to be funded by the City. The City would have made its contribution in a lump sum payment which would have been used to redeem a like amount of IRBs when construction was complete. This arrangement has been determined to be unnecessary, however, since any project costs paid from public funds are not subject to sale tax under state law. The bonds will be privately placed with institutional investors. The bond firms of Miller, Johnson & Kuehn, Inc. of Minneapolis and Reidl & Company of Wichita are serving as placement agents. The law firm of Hinkle, Eberhart & Elkouri, L.L.C. is bond counsel on the issue. A breakdown of the estimated sources and uses of funds is as follows: Sources of Funds: Bond Proceeds $6,600,000 City Contribution 3,300,000 Equity 300,000 Total Sources of Funds $10,200,000 Uses of Funds Construction costs* $7,807,905 Furniture, fixtures and equipment* 1,127,251 Pre-opening costs 185,000 Misc. fees and construction interest 579,844 General contingency 500,000 Total Uses of Funds $10,200,000 *costs net of estimated sales tax savings The Hotel at Old Town agrees to maintain on file a current Equal Opportunity/Affirmative Action Plan with the City's Human Services Department and to submit a Water Conservation Plan to the City prior to the issuance of bonds. HOT agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. HOT was not granted tax abatement of ad valorem property taxes on the project. Vice Mayor Gale Vice Mayor Gale inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that this Item be deferred until the end of the meeting. Motion -- carried carried 5 to 0. (Later in the meeting the Council returned to this Item and action is shown below.) Motion -- Ferris moved that the bond ordinance approving the amended and restated development agreement, amended and restated lease and building lease, approving the amended and restated real estate purchase agreement, and authorizing the Mayor to sign the necessary documents, be placed on first reading. Motion -- carried carried 5 to 0. (Rogers, Knight; absent) ORDINANCE An Ordinance authorizing the City of Wichita, Kansas, to issue its taxable industrial revenue bonds in the aggregate principal amount of $6,900,000 for the purpose of providing funds to pay a portion of the costs of acquiring, purchasing, constructing, and equipping a hotel located in the City of Wichita, Kansas; prescribing the form and authorizing execution of a trust indenture by and between the City and U.S. Bank National Association, St. Paul,Minnesota, as trustee with respect to the bonds; prescribing the form and authorizing execution of an amended and restated development agreement, amended and restated lease and building lease, and approving the amended and restated real estate purchase agreement, and authorizing the execution of a bond placement agreement by and between the City and Miller, Johnson & Kuehn, Inc. and Reidl & Co. as the placement agent for the bonds, introduced and under the rules laid over. b. Keen Kutter Building Agreement. Allen Bell Financial Projects Director reviewed the Item. Agenda Report. On December 23, 1997, the City Council approved a development agreement with Jack DeBoer, doing business as The Hotel at Old Town, Inc. ("HOT"), for the purpose of redeveloping the historic Keen Kutter building in Old Town and converting it into a 107-room, limited service, extended-stay hotel. In addition to the Development Agreement, the City Council approved a Real Estate Purchase Agreement to purchase the existing Keen Kutter land and building from Old Town Developer Dave Burk, and a Lease Agreement to lease the land and building to HOT. HOT has requested an amendment to the aforementioned documents that will enhance HOT's ability to secure historic preservation tax credits for the project. Historic preservation tax credits are available to the owners of property listed on either the national, state or local registers of historic places and who make substantial improvements to such property. The Keen Kutter Building is presently listed on the local register of historic places and HOT anticipates applying for and receiving historic preservation tax credits with a value of at least $500,000. In order to realize this value, HOT will sell interests in a limited partnership or limited liability corporation to investors who will then receive a proportional share of the tax credit benefits. In order to receive the benefits of the tax credits, the investors must own a beneficial interest in the real property that qualifies for the historic preservation tax credits. Originally, it was HOT's understanding that a 50-year lease of the land and building, under the terms of the Lease Agreement with the City, constitutes sufficient beneficial interest to qualify for the tax credits. However, HOT's attorneys, the law firm of Foulston & Seifkin, L.L.P., have determined, based on further research, that it is advisable for HOT to obtain fee simple ownership of the improvements to the Keen Kutter land, i.e. the building, in order to be certain of receiving the tax credits. The proposed changes contained in the Amended Development Agreement, Amended Lease and Amended Real Estate Purchase Contract have the effect of separating the ownership of the building from that of the land, while preserving the essential elements of the business deal between the City and HOT. The City will purchase and retain ownership of the land, subject to a 50-year ground lease with HOT. HOT will purchase the building and assign ownership to a separate entity, controlled by HOT, for the purpose of capitalizing tax credits. Since the private debt financing of the project is in the form of industrial revenue bonds (IRBs), the building will be subleased to the City in order to be made subject to the IRB lease structure. In addition, in order to protect both the City and the IRB bondholders, HOT will execute a deed in escrow in favor of the City that allows the City to regain title to the building in the event of a default under the Lease, subject to the pledge of the land and building to the IRB bondholders. The cost to the City has not changed as a result of the changes to the project agreements. Motion -- Cole moved that the documents be approved and the Mayor be authorized to sign. -- carried Motion carried 5 to 0. (Rogers, Knight; absent) NEW BUSINESS IRB - COX MACHINE PUBLIC HEARING AND TAX EXEMPTION REQUEST - COX MACHINE, INC. (District V) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-449. Cox Machine, Inc., (Cox) is a manufacturer of small parts for the aerospace industry. Cox, located at 5920 West 21st Street North, is requesting a tax exemption on a $229,352 expansion project. The expansion project will consist of the construction of real property at a cost of $147,768 and the purchase of personal property at a cost of $81,584. Cox was founded in 1954 and was located at 3431 West 10th Street in northwest Wichita. In 1957, Cox moved to its current location. Cox is engaged in the manufacture of high quality small parts for the aerospace industry. Customers include Raytheon, Boeing, Learjet, Cessna, Lucas Aerospace, Lamar Electroaire, Aerospace Systems and Components and the U.S. Government among others. In 1995, the City Council granted Cox Machine an ad valorem tax exemption on a $371,295 expansion project consisting of the construction of a building addition and the purchase of machinery and equipment. At that time, Cox had 21 employees and projected to add an additional 6 employees. A 1997 compliance review of the status of the 1995 expansion project reflected that Cox had increased employment by 13 employees and was in compliance with all the terms and conditions under which the City granted the exemption. Cox currently has 34 employees and expects to add another 6 new employees over the next 5 years. The $229,352 expansion project will consist of the construction of a building addition and the purchase of machinery and equipment. Under the City's Business Incentives Policy, Cox is eligible for the following: TAX EXEMPTION ELIGIBILITY ELIGIBLE % INCENTIVE EXPLANATION 16.50% New Job Creation: Cox presently employs 34 full- time employees at its facilities and expects to hire an additional 6 employees within 5 years after starting the project. 4.00% Capital Impr Cox will invest approximately $229,352 in the construction of a building addition and the purchase of additional personal property. 20.50% Total Business Incentives 20.50% TOTAL ELIGIBLE FOR BUSINESS INCENTIVES (Maximum allowed is 50%) 47.00% Export Premium Cox exports 94.0% of its product outside the State of Kansas 47.00% TOTAL ELIGIBLE FOR EXPORT PREMIUM (Maximum allowed is 50%) 67.50% TOTAL EXEMPTION ALLOWED UNDER BUSINESS INCENTIVE POLICY Cox is eligible for a 67.5% tax exemption for five years on real and personal property and for a 33.75% exemption on real property for a second five years. A notice of public hearing has been published. Cox will continue to maintain a City of Wichita approved EEO/AA Plan for the full term of the Tax Exemption. The estimated first year taxes on Cox's proposed $229,352 project under the 1997 mill levy on property within the Wichita City limits would be $6,877. The estimated taxes exempted with a 67.5% exemption would be $4,642. Wichita State University Center for Economic Development and Business Research Cost-Benefit Analysis indicates a ratio of 2.84 for the City of Wichita; 2.68 for Sedgwick County; .92 for USD 266 and 42.12 for the State of Kansas of benefits to costs with a 67.5 percent exemption for Cox. Cox paid $12,423 in existing real and personal property taxes in 1996 and will continue to pay taxes on the existing property. The existing building and personal property will stay on the property tax rolls. The policy exemption equates to $773 of exempted taxes per each new job (6 new jobs). The tax exemption will be shared among the taxing entities as follows: City - $1,147; County/State - $1,165; and USD 266 - $2,330. Vice Mayor Gale Vice Mayor Gale inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the public hearing be closed and the Ordinance granting a 67.5% tax exemption for five years on the construction of real property and the purchase of personal property and a 33.75% tax exemption for a second 5 years on the construction of real property only be placed on first reading. Motion -- carried carried 5 to 0. (Rogers, Knight; 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 Cox Machine, Inc., so exempted, introduced and under the rules laid over. IRB - LAW COMPANY REQUEST FOR LETTER OF INTENT TO ISSUE INDUSTRIAL REVENUE BONDS - LAW COMPANY BUILDING ASSOCIATES). Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-450. On November 24, 1981, the City approved documents for the issuance of Industrial Revenue Bonds in the amount of $4.2 million to Law Company Building Associates. Proceeds were used to finance the acquisition of land and construction of the Riverview Building at 345 Riverview. On June 4, 1991, the City Council approved a Letter of Intent for Industrial Revenue Refunding Bonds in an amount of $3,375,000 for the purpose of refinancing the Series III 1982 bonds. Law Company Building Associates has submitted a request for the issuance of a Letter of Intent to issue Industrial Revenue Refunding Bonds in an amount not to exceed $1,900,000. The primary purpose of the refunding issue is to take advantage of the current favorable interest rates to lower the debt service costs to Law Company Building Associates. Redemption premiums, issuance costs and other fees will be paid for from the tenants own funds and other sources. The refunding of the Series 1991 bonds will not extend the maturity of the bonds, scheduled to mature in 2002. Law Company Building Associates has an approved EEO/AA Plan on file with the City. Law Company has agreed to pay all costs of issuing the bonds, and the City's administrative fee for the term of the bonds. Law Company will not request a tax abatement as a result of the refunding bond issue. Vice Mayor Gale Vice Mayor Gale inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that a Letter of Intent be issued to Law Company Building Associates -- carried in an amount not to exceed $1,900,000. Motion carried 5 to 0. (Rogers, Knight; absent) PROPERTY DISPOSITION SALE OF SURPLUS PROPERTY: DOUGLAS/RUTAN PROPERTY. (District II) Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-451. An offer of $350,000 has been received from O. L. Eck for the property located at 3244 East Douglas and 3241 Victor, commonly referred to as the Douglas/Rutan property. This property is jointly owned by the City of Wichita and Sedgwick County and was acquired in 1994 from the State of Kansas as part of the transaction that centralized State functions downtown in the new State Office Building. The property has been actively marketed since acquisition with newspaper advertisements, mailings to brokers and developers, and formal tours for local Realtors. The property/site contains 184,080 square feet and is developed with two buildings, 3241 Victor with 8,872 square feet ( 2-sty. bldg.), and 3244 Douglas with 97,880 square feet ( 7-sty.bldg.). There is surfaced parking for approximately 500 vehicles. The site currently has mixed zoning with the majority of the site zoned commercial and limited commercial. Recently, proposals were solicited for the sale of the property. Six offers were received ranging from $105,000 for one of the properties to $350,000 for the entire complex. The sale gives no warranties for the buildings; however, an indemnification release is provided for any potential groundwater contamination. The purchaser intends to redevelop the site for office and commercial uses. The Sedgwick County staff will recommend to the County Commission that the Eck bid be accepted as the highest and best bid received. The City and County will equally share the proceeds from the sale of the property. Upon sale, this property will be returned to the tax rolls. Chris Cherches City Manager stated that Council Member Rogers had said he would like this Item be deferred until he can be present. Council Member Kamen Council Member Kamen stated that the City of Wichita and Sedgwick County jointly took possession of, and have an undivested one-half interest in, the old State Office Building complex in late summer of 1994 when it was vacated by the State of Kansas. Steps to market the property were initiated immediately upon possession. A task force of brokers from the largest real estate companies in the area were shown the building and asked to strategize redevelopment strategies. Informal brochures were prepared and distributed to area brokers and developers. The property was included in the Property Management Division's quarterly mailing of surplus properties to area real estate brokers and developers, signed and advertised. Proposals were prepared for several users including the United States Army Reserve. The property was shown upon request to a variety of brokers, developers, and other interested parties. It is estimated that the property was shown in excess of 100 times. In early 1998, the decision was made to solicit proposals for the complex. The decision was reached jointly by the City and the County and was fueled by the existence of several potential purchasers who could not or would not consummate a purchase offer but who continued to show interest in the property. In late January, a request for proposals along with information on the complex was mailed to the brokers, developers,and individuals that had expressed an interest in the building. A display advertisement soliciting offers was placed in the Wichita Eagle in the classified section under "Business, Commercial, Investments." Offers were received on February 13, 1998. During the evaluation process, it was discovered that the County had not properly surplused the property, necessitating a second proposal period. The County took formal action to sell the property on March 25th and the resolution was published for three consecutive weeks in the Derby Daily Reporter. All individuals previously notified were recontacted and told that the proposal period was being reopened until May 12, 1998. Council Member Ferris Council Member Ferris said people who previously had purchased property from the City did not receive notice and, in the future, steps should be taken to ensure that those who have purchased commercial property from the city are given notice. Council Member Kamen Council Member Kamen added that anyone interested in purchasing commercial property in the future might notify Property Management of interest in being notified. Vice Mayor Gale Vice Mayor Gale inquired if anyone wished to be heard. Dave Bayouth Dave Bayouth, representing Rusty Eck, said he had met with Mr. Rathbun and Beth King, neighborhood representatives, and had assured them that there would be no car lot. It is the intent to work with the neighborhood and the Council and Council Member Kamen. Mr. Bayouth recommended that, in the future, if there are to be overlays or restrictions, these be stipulated before going out for bids. Council Member Lambke Council Member Lambke said he was satisfied with the process. Council Member Kamen Council Member Kamen stated that there should be restrictions against adult book or video stores, community correction facilities, half-way houses, and drug rehabilitation facilities. Dave Bayouth Dave Bayouth said he had no problem with the restrictions. Larry Ross Larry Ross requested that final approval of the sale be deferred for at least six weeks for adequate public participation so neighborhood associations and the CPO Council can consider the matter. It is hoped the commitments can be iron-clad as to the uses. People are feeling left out of the process. Council Member Ferris Council Member Ferris said this matter should not be referred to the CPO Councils and neighborhood associations. Beth King is a CPO member and could have taken the matter to the CPO. This is not a parcel that an individual would buy. Property issues normally taken to the CPOs are lots that people in the neighborhoods might wish to buy. Everything should not be taken to the CPO. This property has been marketed for a very long time. Motion -- Kamen moved that this Item be deferred to June 2, 1998. Council Member Lambke Council Member Lambke said he would not be present at the June 2nd meeting and that he would like to be present when this Item is considered. -- withdrawn Motion, with consent of the second, withdrawn. Motion -- Kamen moved that the sale of the property be approved with the following restrictions placed on the property: 1) No adult books or video stores 2) No community correctional facilities 3) No half-way houses 4) No drug rehabilitation facilities 5) No new or used car lots; the Real Estate Purchase Contract be approved; and the Mayor be authorized to -- carried sign the necessary documents. Motion carried 5 to 0. (Rogers, Knight; absent) CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENT OF ADMINISTRATIVE JUDGE. (This Item was considered later in the meeting. Action is shown below.) Motion -- Cole moved that this Item be deferred to June 2, 1998, when Council Member Rogers -- carried can be present. Motion carried 5 to 0. (Rogers, Knight; absent) BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999). Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect - Council at large) Civil Rights and Services Board (Rogers) Commission on the Status of People with Disabilities (Cole) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (2-Lambke) Wichita Transit Advisory Board (Rogers) There were no appointments made. PROCLAMATIONS PROCLAMATIONS -- Arson Awareness Month Motion -- carried Gale moved that the proclamation be authorized. Motion carried 5 to 0. (Rogers, Knight; absent) CONSENT AGENDA Gale moved that the Consent Agenda, except Items 24 and 25, be approved in accordance with the recommended action shown thereon. Motion carried 5 to 0. (Rogers, Knight; absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MAY 18, 1998. At 10:00 a.m., Friday, May 15, 1998, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes May 18, 1998) PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Mower (130807) Wichita Ford Tractor - $10,987.65* (Total net bid) *Rhino FL15 VARIOUS DEPARTMENTS/VARIOUS DIVISIONS: Lubricating Oil, Gear Oil, Grease, Transmission Fluid and Oil Analysis. Universal Lubricants, Inc. - $1.89 (Item # 1 per gallon) $2.06 (Item # 2 per gallon) $2.06 (Item # 3 per gallon) $1.94 (Item # 4 per gallon) $4.00 (Item # 5a per gallon) $2.19 (Item # 5b per gallon) $2.19 (Item # 5c per gallon) $4.75 (Item # 6a per gallon) $2.34 (Item # 6b per gallon) $2.34 (Item # 6c per gallon) $2.09 (Item # 7a per gallon) $2.09 (Item # 7b per gallon) $3.05 (Item # 8a per gallon) $2.30 (Item # 8b per gallon) $1.54 (Item # 9 per gallon) $0.33 (Item # 10a per pound) $0.40 (Item # 10b per pound) $0.72 (Item # 11 per pound) $0.70 (Item # 12a per pound) $0.72 (Item # 12b per pound) $0.73 (Item # 12c per pound) No Charge (Item #13 per each) Gale moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 5 to 0. (Rogers, Knight; absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1998 (Consumption on Premises) Juvenal G. Fernandez La Mexicana Restaurant* 408 West 21st Street Edith Boede Lil Mexico* 1601 East Pawnee (Consumption off Premises) Benjamin J. Schultz T & E Oil Co., Inc. dba 233 South Maize Road Amoco Food service New Operator 1998 (Consumption off Premises) Richard Knight, Jr. Vista Stores #2015 13330 West Central #140 Richard Knight, Jr. Vista Stores #2016 400 South West Street Richard Knight, Jr. Vista Stores #2017 7115 West 13th Street Richard Knight, Jr. Vista Stores #2022 1131 East 47th Street South New Establishment 1998 (Consumption on Premises) Miguel D. Reyes Rostizeria Los Reyes* 512 West 21st Street *General/Restaurant -- 50% or more of gross receipts derived from sale of food. Motion -- Gale moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 5 to 0. (Rogers, Knight; absent) PLANS AND SPECS PLANS AND SPECIFICATIONS. a. Reconstructing a portion of Main Three, War Industries Sewer in Fabrique (north of Mt. Vernon, west of Woodlawn. (468-82785/623314/533- 323) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-6-98) (District III) Motion -- Gale 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., May 29, 1998. Motion carried 5 to 0. (Rogers, Knight; absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Lateral 132, War Industries Sewer to serve Turtle Run 3rd Addition (south of Pawnee, west of Webb). (468-82589/743443/480435) Does not affect existing traffic. (Council approval date 4-2-96) (District 2) b. Main 2, Cowskin Interceptor Sewer to serve Auburn Hills 2nd, 3rd, 4th, & 5th Additions and Unplatted Tracts A, B, C, D, E, H, I, J, F & G (south of Maple, west of 119th Street West). (468-82838/743500/480441) Does not affect existing traffic. (Council approval date 5-19-98) (District 5) c. 50th Street South from the east line of Stonebriar Addition, west to the east line of Mt. Carmel; Mt Carmel from the west line of 50th Street South, south to the south line of Lot 36, Block 1; and on Custer, from the south line of 50th Street South, south to the south line of Lot 3, Block 3; Custer Circle from the north line of 50th Street South, north to and including the cul-de-sac; and Sidewalk along the south side of 50th Street South, the west side of Mt. Carmel to serve Stonebriar Addition (west of Meridian, south of 47th Street South). (472-82766/764845/490586) Does not affect existing traffic. (Council approval date 3-24-98) (District 4) Motion -- Gale 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., May 29, 1998. Motion carried 5 to 0. (Rogers, Knight; absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve Prairie Woods Second Addition (north of Pawnee, west of Maize). (448-89256/734483/470-526) Does not affect existing traffic. (Council approval date 4-14-98) (District V) - $105,400.00 b. Lateral 396, Southwest Interceptor Sewer to serve Prairie Woods Second Addition (north of Pawnee, west of Maize). (468- 82821/743476/480-438) Does not affect existing traffic. (Council approval date 4- 14-98) (District V) - $170,600.00 c. 1998 Sanitary Sewer Rehabilitation Program, Phase C (north of Maple, east of 135th Street West). (468-82836/620070/533-359) Does not affect existing traffic. (Council approval date 1-6-98) (District V) - $75,290.00 d. Murdock Street Paving, Water Line, Storm Sewer and Sanitary Sewer (west of Waco to the east side of Wabash) and Resurfacing of 9th Street (Santa Fe to Mosley). (472-82473/448-89141/468-82707/- /706002/635359/621763/132225/405- 154/544-635/ 533287/112000) closed to through traffic during construction. (Council approval 2-4-97) (Districts VI and VII) - $5,795,157.00 Motion -- Gale moved that the preliminary estimates be approved and filed. Motion -- carried carried 5 to 0. (Rogers, Knight; absent) STATEMENTS OF COST STATEMENTS OF COST. a. Improving Maize Road, Kellogg to Maple. Total Cost - $841,882.75 (less reimbursements from KDOT - $120,109.78; less idle fund interest earned - $1,839.00; less financing previously issued - $719,933.00). Financing to be issued at this time - $0.00 (472-81789/601971/405-035) b. 1994 Railroad Crossing Program, Phase II. Total Cost - $147,567.36 (less idle fund interest - $4,638.00; plus temporary notes - $406.08; less financing previously issued - $123,455.00). Financing to be issued at this time - $29,156.44 (472-82528/710152/410-066) c. Improving Broadway from Douglas to Central (Design only). Total Cost - $114,900.00 (less idle fund interest earned - $16,703.00; less financing previously issued - $114,900.00). Financing to be issued at this time - $0.00. (472-82181/705335/405-087) d. Improving West Street from Maple to Zoo (Design only). Total Cost- $176,600.00 (plus other $24,014.00; less idle fund interest earned - $20,975.00; less financing previously issued - $176,600.00). Financing to be issued at this time - $0.00 (472-82182/705384/405-092) e. Improving McLean Boulevard from Kellogg to Meridian (Design only). Total Cost - $639,200.00 (less idle fund interest - $10,624,00; plus temporary notes - $312.00; less financing previously issued - $596,000.00). Financing to be issued at this time - $32,888.00 (472-82173/705434/405-097) f. Improving Seneca from 48th Street to 41st Street South. Total Cost - $1,491,938.00 (plus idle fund interest - $49,841.00; plus temporary notes - $540.00; less General Government - $20.00; less financing previously issued - $1,510,000.00). Financing to be issued at this time - $32,299.00 (472- 82664/705517/405-105) g. Improving 31st Street South from K-15 to Oliver (Design only). Total Cost - $100,000.00 (plus other - $1,346.00; less idle fund interest earned - $1,317.00; less financing previously issued - $100,000.00). Financing to be issued at this time - $0.00 (472-82296/705616/405-115) h. Improving Oliver from 25th Street to 35th Street North (Design only). Total Cost - $100,000.00 (plus idle fund interest - $265.00; less financing previously issued - $100,265.00). Financing to be issued at this time - $0.00 (472- 82588/705665/405-120) i. Improving 47th Street South from Seneca to Broadway (Design only). Total Cost - $80,000.00 (plus idle fund interest charges - $541.00; less financing previously Issued - $5,000.00; less transfer from LST - $75,000.00; less other - $541.00). Financing to be issued at this time - $0.00 (472-82346-705673/405-121) j. Improving Maize Road from 13th Street to 21st Street North (Design only). Total Cost - $75,887.77 (plus other - $1,715.00; less idle fund interest earned - $1,602.00; less financing previously issued - $76,000.00). Financing to be issued at this time - $0.00 (472-82345/705681/405-122) k. (Supplemental Statement) Mosley from First Street to Second Street (Old Town Street Improvements). Total Cost - $633,952.86 (idle fund interest - $62,928.00; less financing previously issued - $694,394.00). Financing to be issued at this time - $2,486.86 (472-82374/705731/405-127) l. Improving Bicycle Path adjacent to the K-96 By-Pass from the Wichita East City Limits to Oliver Street (Design only). Total Cost - $27,000.00 (less idle fund interest earned- $797.00; less financing previously issued - $22,000.00). Financing to be issued at this time - $4,203.00 (472-82413/705871/405-141) m. McLean Boulevard from Walnut to Taft (Design only). Total Cost - $300,000.00 (plus idle fund interest - $10,767.00; plus temporary notes - $198.00; plus financing previously issued - $300,000.00). Financing to be issued at this time - $10,965.00 (472-82579/706143/405-168) n. Improving Hillside from 27th Street to 37th Street North (right-of-way). Total Cost - $42,386.57 (less idle fund interest earned - $224.00; less financing previously issued - $45,000.00). Financing to be issued at this time - $0.00 (472-82582/706150/405-169) o. I-235 Corridor Landscaping (Design only). Total Cost - $16,437.00 (plus idle fund interest - $632.00; less financing previously issued - $17,071.00). Financing to be issued at this time - $0.00 (472-82592/706176/405- 171) p. Intersection of Sycamore and Maple. Total Cost - $1,384,575.97 (plus idle fund interest - $22,899.00; plus other - $19,403.00; less sale of property - $41,883.00; less financing previously issued - $1,385,000.00). Financing to be issued at this time - $0.00 (472- 82627/706242/405-178) q. 1995 Railroad Crossing Program. Total Cost - $18,888.76 (plus idle fund interest - $497.00; less financing previously issued - $7,600.00). Financing to be issued at this time - $11,779.76 (472- 82665/706283/405-182) r. Improving Ridge Road between 13th and 21st Streets North. Total Cost - $524,199.00 (plus idle fund interest - $16,833.00; plus temporary notes - $258.00; less financing previously issued - $527,000.00). Financing to be issued at this time - $14,290.00 (472-82688/706341/405-188) s. 1996 Arterial Asphalt Rehabilitation of Hydraulic, from 37th Street North to the Chisholm Creek Bridge; George Washington Boulevard, from Oliver to 31st Street South; and Oak Knoll, from Rock to Pawnee. Total Cost - $299,999.11 (less idle fund interest earned - $5,841.00; less financing previously issued - $290,000.00). Financing to be issued at this time - $4,158.11 (472- 82704/706374/405-191) t. Six Corridor Studies: Central, I-235 to Tyler (472- 82739); 13th, McLean to I-135 (472-82741; Hillside, US 54 to 21st Street North (472-82742); I-235 Connector to Ridge (472-82743); Rock Road, North to South City Limits (472- 82744); and Pawnee, George Washington Boulevard to McLean (472- 82747). Total Cost - $226,500.00 (plus idle fund interest - $623,00; plus temporary notes - $810.00; less financing previously issued - $185,000.00). Financing to be issued at this time - $42,933.00 (706416/405-195) u. Tyler Road Realignment. Total Cost - $220,728.00. (less idle fund interest earned - $4,545.00; less financing previously issued - $210,000.00). Financing to be issued at this time - $6,183.00 (472-82754/706432/405-197) v. 1996 Railroad Crossing Program. Total Cost - $32,125.76 (plus idle fund interest - $729.00; less financing previously issued - $30,000.00). Financing to be issued at this time - $2,854.76 (472-82762/706457/405-199) w. Improving Rock Road from 43rd to 45th Streets North. Total Cost - $123,074.00 (plus idle fund interest - $1,996.00; plus temporary notes - $420.00; less financing previously issued - $100,000.00). Financing to be issued at this time - $25,490.00 (472-82700/706465/405-200) x. 1997 Arterial Sidewalk and Wheelchair Ramp Construction. Total Cost - $442,475.00 (plus idle fund interest - $7,525,00; plus temporary notes - $7,932.00; financing previously issued - $0.00). Financing to be issued at this time - $457,932.00 (472-82821/706572/405-211) y. School Crosswalk Signal at 119th Street West and Binter. Total Cost - $19,398.00 (plus idle fund interest - $602.00; less financing previously issued - $6,400.00). Financing to be issued at this time - $13,600.00 (472- 82768/710186/410-069) z. Improving John Mack Bridge on Broadway Avenue over the Big Arkansas River (Design). Total Cost - $485,000.00 (plus temporary notes, $1,628.00; less idle fund interest - $10,362.00; less financing previously issued - $485,000.00). Financing to be issued at this time - $0.00 (472- 82029/715102/415-024) aa. Improving South Broadway Overpass (Design only). Total Cost - $105,000.00 (less idle fund interest earned - $10,796.00; less financing previously issued - $105,000.00). Financing to be issued at this time - $0.00 (472-82250/ 715177/415-031) bb. Improving Bitting Bridge - Total Cost - $290,083.40 (plus idle fund interest - $606.00; plus other - $10,581.00; less financing previously issued - $291,955.00). Financing to be issued at this time - $9,315.40 (472- 82335/715243/415-038) cc. Improving 29th Street Bridge, east of Oliver (Design only). Total Cost - $26,000.00 (plus other - $186.00; less idle fund interest earned - $1,192.00; less financing previously issued - $20,000.00; less transfer from LST - $5,000.00.). Financing to be issued at this time - $0.00 (472- 82414/715276/415- 041) dd. Feasibility Study for Upgrading the Railroad Underpasses at First and Second Streets (Study only). Total Cost - $26,268.00 (less idle fund interest earned - $403.00; less financing previously issued - $25,000.00). Financing to be issued at this time - $865.00 (472- 82423/715284/415-042) ee. Improving First Street, Railroad Underpass to Washington (Design only). Total Cost - $28,532.67 (less idle fund interest earned - $1,654.00; less financing previously issued - $25,000.00). Financing to be issued at this time - $1,878.67 (472-82408/715292/415-043) ff. Pedestrian Bridge over the Arkansas River. Total Cost - $449,998.82 (less idle fund interest - $16,895.00; less financing previously issued - $450,000.00). Financing to be issued at this time - $0.00 (472-82642/715375/415-051) gg. Improving Maple/Lewis Street Bridge over the Arkansas River (Design). Total Cost - $434,841.00 (plus idle fund interest - $4,429.00; plus temporary notes - $828.00; less financing previously issued - $390,000.00). Financing to be issued at this time - $50,098.00 (472-82658/715383/415-052) hh. Museum District Study. Total Cost - $303,091.45 (less idle fund interest - $894.00; less financing previously issued - $290,000.00) Financing to be issued at this time - $12,197.45 (472-82176/790311/435-062) ii. Vest Pocket Park at the Old Woolworth Building Site on Douglas between Market and Broadway (Design). Total Cost - $36,758.00 (plus idle fund interest - $415.00; less financing previously issued - $33,837.00). Financing to be issued at this time - $3,336.00 (472-82452/791012/435-132) jj. Improving Ralph Wulz Riverside Tennis Complex. Total Cost - $78,671.00 (plus idle fund interest - $1,552.00; less financing previously issued - $80,223.00). Financing to be issued at this time - $0.00 (472- 82585/785469/440- 077) kk. Improving Ralph Wulz Riverside Tennis Complex. Total Cost - $107,943.74 (plus idle fund interest - $2,310.00; less financing previously issued - $105,000.00). Financing to be issued at this time - $5253.74 (472- 82669/785493/440-080) ll. Improving the Wichita Environmental Education Center Parking Lot at Chisholm Creek Park. Total Cost - $399,999.93 (plus idle fund interest - $9,116.00; less bonds previously issued - $390,000.00; less state operating grants - $12,281.00). Financing to be issued at this time - $6,834,93 (472-82670/785501/440-081) mm. Parking Lot, Access Road, Sidewalk and Related Activities in Edgemoor Park. Total Cost - $196,649.00 (plus idle fund interest - $33,351.00; less financing previously issued - $200,000.00). Financing to be issued at this time - $0.00 (472-82671/785519/440-082) nn. Improving Tennis Courts in MacAdams Park. Total Cost - $86,286.00 (plus idle fund interest - $2,714.00; plus temporary notes - $1,602.00; financing previously issued - $0.00). Financing to be issued at this time - $90,602.00 (472-82799/785618/440-092) oo. 1997 Park Bikeway System. Total Cost - $49,173.00 (plus idle fund interest - $827.00; plus temporary notes - $918.00; financing previously issued - $0.00). Financing to be issued at this time - $50,918.00 (472-82792/785642/440-096) pp. Replacement of Concrete on Entrance Terrace to the Recreation center in Edgemoor Park. Total Cost - $18,194.25 (plus idle fund interest - $499.00; plus temporary notes - $312.00; financing previously issued - $0.00). Financing to be issued at this time - $19,005.25 (472-82793/785659/440-097) Motion -- Gale moved that the Statements of Cost be approved and filed. Motion -- carried carried 5 to 0. (Rogers, Knight; absent) PARTIAL STATEMENTS OF COST. a. (Third Partial) Estimate of Cost for improving Broadway from Douglas to Kellogg (Design) - $81,000.00 less financing previously issued - $67,000.00. Financing to be issued at this time - $14,000.00 (472-82412/705863/405-140) b. (Fifth Partial) Estimate of Cost for improving McLean Boulevard from Meridian to Seneca - $4,255,886.00 less financing previously issued - $4,017,900.00. Financing to be issued at this time - $238,000.00 (472- 82448/705897/405-143) c. (Third Partial) Estimate of Cost for improving Oliver Street from 25th Street North to 35th Street North - $632,000.00 less financing previously issued - $543,000.00. Financing to be issued at this time - $89,000.00 (472- 82588/706184/405-172) d. (Third Partial) Estimate of Cost for improving Central from Zoo Boulevard to McLean Boulevard (Design) - $100,000.00 less financing previously issued - $65,000.00. Financing to be issued at this time - $35,000.00 (472- 82583/706192/405-173) e. (Second Partial) Estimate of Cost for improving Maize from 13th to 21st Street North - $309,000.00 less financing previously issued - $250,000.00. Financing to be issued at this time - $59,000.00 (472- 82601/706200/405-174) f. (Third Partial) Estimate of Cost for improving Seneca Street from 31st Street South to Kellogg Row - $41,800.00 less financing previously issued - $7,800.00. Financing to be issued at this time - $34,000.00 (472- 82602/706218/405-175) g. (Second Partial) Estimate of Cost for the Gypsum Bikepath from Cessna Park to Turnpike Drive - $28,700.00 less financing previously issued - $22,140,00. Financing to be issued at this time - $6,560.00 (472-82654/706267/405-180) h. (Third Partial) Estimate of Cost for the 1996 Intersection Program - $800,000.00 less financing previously issued - $600,000.00. Financing to be issued at this time - $200,000.00 (472- 82668/706291/405-183) i. (Fourth Partial) Estimate of Cost for improving the East Bank Streets: Waterman from Wichita to Main, Wichita from Waterman to Lewis, and Lewis from the East Termination of the Maple/Lewis Street Bridge to Main - $2,277,600.00 less financing previously issued - $1,976,800.00, Financing to be issued at this time - $300,800.00 (472-82628/706366/405-190) j. (Third Partial) Estimate of Cost for improving Ridge Road from 21st Street to 29th Street North - $1,710,500.00 less financing previously issued - $1,080,000.00. Financing to be issued at this time - $630,500.00 (472- 82735/706382/405-192) k. (Second Partial) Estimate of Cost for improving Greenwich Road, from Kellogg to Central Avenue - $73,000.00 less financing previously issued - $35,000.00. Financing to be issued at this time - $38,000.00 (472-82738/706390/405-193) l. (Third Partial) Estimate of Cost for improving Meridian from Maple to Central - $92,000.00 less financing previously issued - $35,000.00. Financing to be issued at this time - $57,000.00 (472-82740/706408/405-194) m. (Second Partial) Estimate of Cost for improving Zoo Boulevard from 13th Street to Windmill Road - $155,000.00 less financing previously issued - $75,000.00. Financing to be issued at this time - $80,000.00 (472- 82748/706424/405-196) n. (Second Partial) Estimate of Cost for improving Hillside from 27th Street to 37th Street North - $455,000.00 less financing previously issued - $325,000.00. Financing to be issued at this time - $130,000.00 (472-82781/706499/405-203) o. (Second Partial) Estimate of Cost for improving Tyler from 29th Street North to 1/2 mile south of 29th Street North - $264,200.00 less financing previously issued - $6,200.00. Financing to be issued at this time - $258,000.00 (472- 82788/706507/405-204) p. (First Partial) Estimate of Cost for improving 21st Street North from Hood to Broadway (Design) - $23,500.00 Financing to be issued at this time - $23,500.00 (472-82783/706515/405-205) q. (Second Partial) Estimate of Cost for improving 29th Street North from Oliver to Woodlawn (Design) - $27,700.00 less financing previously issued - $5,700.00. Financing to be issued at this time - $22,000.00 (472- 82787/706523/405-206) r. (First Partial) Estimate of Cost for improving Meridian from I-235 to the North City Limits (Design) - $48,000.00. Financing to be issued at this time - $48,000.00 (472-82789/706531/405-207) s. (Second Partial) Estimate of Cost for improving Central from Oliver to Woodlawn (Design) - $42,000.00 less financing previously issued - $20,000.00. Financing to be issued at this time - $22,000.000 (472- 82786/706549/405-208) t. (Second Partial) Estimate of Cost for improving West Street from Central to 13th Street - $1,180,000.00 less financing previously issued - $500,000.00. Financing to be issued at this time - $680,000.00 (472- 82782/706564/405-210) u. (First Partial) Estimate of Cost for improving Seneca from Pawnee to Kellogg - $1,046,000.00. Financing to be issued at this time - $1,046,000.00 (472- 82847/706606/405-215) v. (First Partial) Estimate of Cost for the 1997 Street Rehabilitation Program - $269,400.00. Financing to be issued at this time - $269,400.00 (472- 82857/706614/405-214) w. (First Partial) Estimate of Cost for improving Harry from Webb Road to Greenwich Road (Design) - $17,600.00. Financing to be issued at this time - $17,600.00 (472-82883/706622/405-216) x. (Second Partial) Estimate of Cost for the 1995 Signal Program (21st Street and Maize) - $939,000.00 less financing previously issued - $16,000.00. Financing to be issued at this time - $923,000.00 (472-82651/710178/410-068) y. (Fourth Partial) Estimate of Cost for improving John Mack Bridge - $1,299,000.00 less financing previously issued - $1,287,000.00. Financing to be issued at this time - $12,000.00 (472-82375/715250/415-039) z. (Third Partial) Estimate of Cost for improving the Douglas Avenue Bridge (Design) - $324,000.00 less financing previously issued - $210,000.00. Financing to be issued at this time -$114,000.00 (472- 82657/716391/415-053) aa. (Third Partial) Estimate of Cost for improving 37th Street Bridge over the Little Arkansas River (Design) - $27,000.00 less financing previously issued - $15,000.00. Financing to be issued at this time - $12,000.00 (472-82736/715409/ 415-054) bb. (Second Partial) Estimate of Cost for improving Murdock Bridge over the Wichita Drainage Canal (Design) - $12,000.00 less financing previously issued - $2,000,00. Financing to be issued at this time - $10,000.00 (472- 82784/715441/415-058) cc. (Second Partial) Estimate of Cost for improving Murdock Bridge over the Little Arkansas River (Design) - $26,000.00 less financing previously issued - $2,000.00. Financing to be issued at this time - $24,000.00 (472- 82785/715458/415-059) dd. (First Partial) Estimate of Cost for improving South Broadway Viaduct - $200,000.00. Financing to be issued at this time - $200,000.00 (472- 82828/715474/415-061) ee. (Third Partial) Estimate of Cost for Central Business District Signals - $184,000.00 less financing previously issued - $165,000.00. Financing to be issued at this time - $18,500.00 (472-82637/710160/410-067) ff. (Second Partial) Estimate of Cost for Arkansas River Bikepath - $90,000.00 less financing previously issued - $50,000.00. Financing to be issued at this time - $40,000.00 (472-82619/785485/440-079) gg. (First Partial) Estimate of Cost for South Lakes Park - $553,000.00. Financing to be issued at this time - $553,000.00 (785576/440-088) Motion -- Gale moved that the Statements of Cost be approved and filed. Motion -- carried carried 5 to 0. (Rogers, Knight; absent) SEWER PETITION PETITION FOR SANITARY SEWER MAIN TO SERVE THE AUBURN HILLS RESIDENTIAL/GOLF COURSE DEVELOPMENT (SOUTH OF MAPLE, WEST OF 119TH STREET WEST). (District V) Agenda Report No. 98-452. The project will extend sanitary sewer service to the new Auburn Hills Golf Course and residential neighborhood. The estimated project cost is $832,000. In accordance with City Council Policy No. 2, the project is funded 50% by special assessments and 50% by the sewer utility. Motion -- Gale moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 5 to 0. (Rogers, Knight; absent) RESOLUTION NO. R-98-215 Resolution of findings of advisability and Resolution authorizing construction of Main 2, Cowskin Interceptor Sewer (south of Maple, west of 119th Street West) (Project No. 468-82838) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Electrical Appeals, 4-14-98 CPO Northwest Council 5, 4-29-98 Civil Rights & Services Board, 4-20-98 Wichita/Sedgwick County Alcohol & Drug Advisory Board (ADAAB), 4-9-98 Motion -- carried Gale moved that the Minutes be received and filed. Motion carried 5 to 0. (Rogers, Knight; absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 98-453. In accordance with the Special Event Procedures, event sponsors are to notify adjacent property owners and coordinate arrangements with Staff, subject to final approval by City Council. The following Special Event requests have been submitted: 1) Kansas Law Enforcement Torch Run Final Leg Date: Friday, June 5, 1998 Location: Main Street, Central to Third Street Closures: Main Street, Central to Third (6:30 - 8:00 p.m.) 2) Kansas Special Olympics Summer Games Date: Friday, June 5, 1998 Location: Cessna Stadium, Wichita State University Street Closures: 21st Street (9:00 - 10:00 p.m. for Fireworks Display) 3) Stars and Stripes 5K Run/Walk Date: Sunday, June 14, 1998 Location: Downtown Street Closures: Topeka Street (First to Douglas); Douglas Avenue (Topeka to Spruce) (7:30 - 9:30 a.m. 4) Uptown Neighborhood Family Picnic Date: Saturday, June 6, 1998 Location: Grove Street Street Closures: Grove Street (Central to Second) (9 a.m. - 5 p.m.) Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Motion -- Gale moved that the requests be approved subject to (1) Event Sponsors notifying every property and/or business adjoining any portion of the closed street; (2) Coordination of event arrangements with City Staff; (3) Hiring off-duty public safety officers as required by the Police Department; (4) Obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Departments; (5) Submitting a Certificate of Insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with respect to the event's use -- carried of the closed City streets. Motion carried 5 to 0. (Rogers, Knight; absent) CONSULTANT AGREEMENTS AGREEMENT FOR DESIGN SERVICES FOR AUBURN HILLS FIFTH ADDITION (NORTH OF KELLOGG, EAST OF 151ST STREET WEST). (District V) Agenda Report No. 98-454. The City Council approved the Auburn Hills 5th Addition plat on February 10, 1998. The Agreement between the City and Baughman Company, P.A. provides for the design of Auburn Hills 5th Addition. Baughman Company, P.A. provided subdivision engineering services for this addition, therefore, they can expedite construction plan preparation. Payment will be on a lump sum basis of $179,600.00 and will be paid by special assessments. Motion -- Gale moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Rogers, Knight; absent) AGREEMENT FOR DESIGN SERVICES FOR PAVING LINCOLN (SOUTH OF KELLOGG, WEST OF 127TH STREET EAST). (District II) Agenda Report No. 98-455. The City Council approved the 3 Unplatted Tracts on April 7, 1998. The proposed Agreement between the City and Mid-Kansas Engineering Consultants, Inc. provides for the design of paving Lincoln. Mid- Kansas Engineering Consultants, Inc. provided subdivision engineering services for these unplatted tracts therefore, they can expedite construction plan preparation. Payment will be on a lump sum basis of $45,770.00 and will be paid by special assessments. Motion -- Gale moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Rogers, Knight; absent) RESPREAD SPECIAL ASSESSMENTS IN BARRINGTON CORNER SECOND ADDITION (SOUTH OF 21ST STREET WEST OF RIDGE ROAD). (District V) Agenda Report No. 98-456. The developer, Lawrence Development, L.L.C., platted Barrington Corner 2nd Addition and has submitted an Agreement to respread special assessments within the addition. The land was originally included in numerous improvement districts for a number of public improvement projects. The purpose of the Agreement is to respread special assessments on an equal share basis for each lot. Without the Agreement, the assessments will be spread on a square foot basis. The Agreement will save the City time in recalculating special assessments for each newly platted lot and will equalize the assessments for each lot, making it easier for the developer to market the lots. There is no cost to the City. Motion -- Gale moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Rogers, Knight; absent) CHDO CONTRACTS ADMINISTRATION AND OPERATING CONTRACTS FOR COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDO). Agenda Report No. 98-457. MHRS and WIC are non-profit Community Housing and Development Organizations. The sum total of these two contracts ($50,000) represents the set-aside portion of the 1997-1998 HOME grant. These CHDO allocations were approved by the council March 17, 1998, following recommendations from a staff review panel. MHRS plans to utilize the funds to develop its internal capacity to manage its affordable rental properties. The properties include over 300 units currently in operation, and 200 under development with committed funding. WIC plans to recruit and hire an experienced housing coordinator. Grant funds will be used to compensate the individual selected to fill the position. The addition of this individual to WIC's staff will strengthen the agency's capacity to develop affordable housing in the Planeview area. The funds for these contracts came from the 1997 allocation of HOME funds set aside for CHDO operating grants. The grant amount cannot exceed 50% of each organization's operating expenses, as they relate to housing. Motion -- Gale moved that the Contracts be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Rogers, Knight; absent) KDOT TRANSIT GRANT GRANT WITH THE KANSAS DEPARTMENT OF TRANSPORTATION (KDOT). (All Districts) Agenda Report No. 98-458. For four of the past five years, Wichita Transit has applied for KDOT capital funding to support the purchase of wheelchair accessible vehicles used to deliver transportation services to the elderly and the disabled. Wichita Transit will be replacing six (6) paratransit vans this year. Each year, KDOT has allocated funds from the state highway plan which are used to support the capital needs for public transportation service providers throughout the state. Past funding has been used to purchase and/or replace vans that are used for delivering Americans with Disabilities Act (ADA) mandated paratransit services. Wichita Transit has used these KDOT funds to provide the local share needed to match Federal Transit Administration (FTA) capital funds for vehicle purchases. Wichita Transit's current paratransit fleet of 24 vans have all been purchased with KDOT/FTA funds (no City of Wichita funds). The Wichita Transit Advisory Board has reviewed and supports Wichita Transit staff in applying for the KDOT grant. The grant request is for $50,000 which is the same amount received last year. KDOT funds will be used as the 20% local match to FTA (80%) capital funds ($200,000) for a total project cost of $250,000. Again, no City funds are being used to support this project. Motion -- Gale moved that the Contract and Grant Applications be approved and the Mayor -- carried be authorized to sign. Motion carried 5 to 0. (Rogers, Knight; absent) (Item No. 24) ARTERIAL CORRIDOR 1998 ARTERIAL CORRIDOR IMPROVEMENT PROGRAM. (Districts I, II, III, V, AND VI) Agenda Report No. 98-459. The 1998 Capital Improvement Program includes a project to prepare construction plans to improve certain congested traffic corridors (CIP No. MS-208001, page 46). The locations were identified as part of a 1996-97 study of the Rock, Pawnee, Hillside, 13th, Central, and 29th Street North corridors. Funding is also included to acquire access rights on an opportunity basis. It is proposed that design begin for improvements at the following locations: Central/Rock Central/Ridge 25th/I-235 to West Street 13th/Mosley Rock/K-96 to 32nd Street North 13th/Broadway Pawnee/Washington Pawnee/Grove to Southeast Boulevard The project budget is $1,700,000. The funding source is General Obligation Bonds. Steve Lackey Director of Public Works, responding to questions, explained that on two of the projects for Pawnee, the City is waiting for the railroad resolution to occur before moving forward. Motion -- Lambke moved that the project be approved; the Resolution be adopted; and the Staff Screening and Selection Committee be authorized to select a design -- carried engineer. Motion carried 5 to 0. (Rogers, Knight; absent) RESOLUTION NO. R-98-216 A Resolution authorizing the issuance of bonds by the City of Wichita at large for public improvements for the Central and Rock Road intersection, Central and Ridge Road Intersection, 25th Street North from Interstate I-235 to West Street, 13th Street North and Mosley intersection, Rock Road from Interstate K-96 to 32nd Street North, 13th Street North and Broadway intersection, Pawnee and Washington Intersection, and Pawnee from grove to Southeast Boulevard (1998 Traffic Corridor Improvement Program) (472-82932), presented. Lambke moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. (Item No. 25) BROADWAY IMPROVEMENT BROADWAY IMPROVEMENT (FROM DOUGLAS TO CENTRAL). (District VI) Council Member Cole Council Member Cole said she needed time to look at this Item. Council Member Kamen Council Member Kamen said that, when the Item is considered, he would vote against the item which is $500,000 over the original engineer's estimate. Motion -- carried Cole moved that this Item be deferred to June 2, 1998. Motion carried 5 to 0. (Rogers, Knight; absent) FIRE APPARATUS PROGRAM FIRE APPARATUS REPLACEMENT PROGRAM. (All Districts) Agenda Report No. 98-461. Acquisition of three replacement fire pumper apparatus with equipment is in accordance with the Fire Apparatus Replacement schedule and is included in the 1998 Capital Improvement Program (Project PB-9237). The three replacement fire pumper apparatus with equipment are estimated to cost $912,000. Financing will be obtained through the sale of General Obligation (GO) Bonds. Motion -- Gale moved that the program be approved and the Resolution be adopted. -- carried Motion carried 5 to 0. (Rogers, Knight; absent) RESOLUTION NO. R-98-217 A Resolution declaring and providing for public notice of the governing body's intent to acquire certain firefighting equipment at an estimated cost of $912,000; and declaring it to be the intention of the governing Body to issue general obligation bonds of the City of Wichita in an amount not to exceed $912,000 to pay the cost of such acquisition, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. FIRE FACILITY REPAIRS FIRE FACILITY REPAIRS AND MODIFICATIONS. (All Districts) Agenda Report No. 98-462 The projects are to replace all built-up roof coverings at Fire Station 10 (1755 North Grove); partial repair/replacement of exterior concrete surfaces and interior floor coverings at Fire Station 1 (731 North Main); partial repair/replacement of exterior concrete surfaces and as-needed structural repairs at the Fire Training Facility (4780 East 31st South; replacement of floor coverings at Fire Station 14 (6408 Farmview; and replacement of floor coverings at Fire Station 19 (600 West MacArthur). Total CIP funds in the amount of $120,000 are provided for in the 1998 Capital Improvement Program (Project PB-9230). Financing will be obtained by the sale of General Obligation (GO) Bonds. Motion -- Gale moved that the project be approved and the Resolution be adopted. -- carried Motion carried 5 to 0. (Rogers, Knight; absent) RESOLUTION NO. R-98-218 A Resolution of the City of Wichita, declaring the necessity for, and authorizing modifications and repairs to and the remodeling, furnishing, and equipping of public buildings, and authorizing the issuance of general obligation bonds for the purpose of financing the costs thereof, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. CHENEY SHORELINE SHORELINE STABILIZATION AT CHENEY RESERVOIR. (All Districts) Agenda Report No. 98-463. Cheney Reservoir provides a major portion of the City's water supply. In 1997, Cheney Reservoir provided over fifty-eight percent (58%) of the City's water. Because of its location, the reservoir is subject to strong winds causing waves that erode its shoreline. One of the methods used to stabilize shoreline at the reservoir is to place rip- rap, composed of either rock or broken concrete, at vulnerable locations. Rip- rap slows down the wave action, protecting the soil on the shoreline. Cheney Lake Association, a nonprofit organization dedicated to preserving Cheney State Park and Reservoir, has been working to find the right kind of rip-rap and subsequently, haul it to the Reservoir. They have located a large amount of rip- rap at a nearby airfield which is being demolished; however, they do not have the funds to do the hauling. They have requested that the City of Wichita, in partnership with the Kansas Department of Wildlife and Parks, contribute to the cost of transportation. This type of partnership has been encouraged so that various users of the Reservoir share in the costs to improve and protect it. Staff has identified two alternatives for the City Council to consider, either approve participation in this project, or do not approve participation in the project. Funding for this project is available in CIP #W-384, Cheney Pump Station Improvements, which has a balance of $280,000. The State legislature has allocated $60,000 to participate in this program and the Kansas Department of Wildlife and Parks is allocating $20,000 of a Bureau of Reclamation grant for this project. It is requested that the City contribute $20,000 toward the project. Motion -- Gale moved that participation in the project and the expenditure be authorized. -- carried Motion carried 5 to 0. (Rogers, Knight; absent) SYETP CONTRACTS 1998 SUMMER YOUTH AND EMPLOYMENT TRAINING PROGRAM CONTRACTS. Agenda Report No. 98-465. The Private Industry Council (PIC) of SDA IV provides policy guidance for the use of Job Training Partnership Act (JTPA) funds in this area. The PIC has selected the City of Wichita as the Grant Recipient/Program Administrator for certain JTPA funds in Service Delivery Area (SDA) IV which is comprised of Butler, Cowley, Sumner, Harper, Kingman and Sedgwick counties. The PIC has selected the Sumner County Educational Services Interlocal (District #619) and the Arkansas City Public Schools (USD 470) to provide academic enrichment/work experience training for the 1998 Summer Youth and Employment Training Program (SYETP). Two contracts for these provider services are being brought before the Council. The two contracts before the Council are between the City of Wichita and District #619 and USD 470. The contracts provide for JTPA Title II-B academic enrichment which is to be integrated with summer youth work experience. Participants will be youth, ages 14 to 21, who test as needing instruction in math and/or reading. Participants will be paid the hourly minimum wage for their time spent in classroom and work projects. The District #619 contract will provide 15 special education participants with a minimum of 60 hours of work- based learning and 200 hours of work experience with a public or private not-for- profit agency. The USD 470 contract will provide 30 participants (10 of which will be special education students) with a minimum of 60 hours of work-based learning and 217 hours of work experience. The maximum District #619 contract amount is $40,000 and the maximum USD 470 contract amount is $56,639. JTPA funds are used to pay for contract services. The contracts obligate no general fund moneys. Motion -- Gale moved that the Contracts be approved and the Mayor be authorized to -- carried execute. Motion carried 5 to 0. (Rogers, Knight; absent) PROPERTY ACQUISITION EASEMENT ACQUISITION EQUUS BEDS GROUNDWATER RECHARGE DEMONSTRATION PROJECT. (Sedgwick County) Agenda Report No. 98-465. In November, 1995 the City Council approved the Equus Beds Groundwater Recharge Demonstration Project. The demonstration project is a phased, small-scale, investigative $3.4 million trial project to test the feasibility of a full-scale $106 million groundwater recharge, storage and recovery project to obtain state approval. The groundwater recharge project includes the capture of above base flow water (water which is generated from rainfall runoff above the base river flow) in the Little Arkansas River, the transfer to and storage of captured water in the aquifer, and the recovery and use of this captured water to meet future demands for Wichita, Halstead, Newton, Hutchinson, McPherson, Valley Center and other communities. The Equus Beds Aquifer underlies portions of Sedgwick, Harvey, McPherson and Reno Counties and is located within the boundaries of Groundwater Management District No. 2. Since the 1950's water levels in the aquifer have dropped 20 to 40 feet and as a result of heavy utilization. The project includes a field testing program, with $1.9 million to construct a data collection network to monitor groundwater, surface water, and water quality and to test and demonstrate the feasibility of the groundwater recharge plan. Sites for the testing and easements accessing them were selected by the project consultants Burns & McDonnell. The proposed easement will be used for the installation of piezometers, devices to measure the underground water level, within the Sedgwick County project area. The piezometers will help define the water levels as water is injected in to the Equus Beds. The City has successfully negotiated the purchase of an easement for the installation of a piezometers on the "Sabin - Montford Farm" for $250.00 for a 20 ft. by approximately 160 ft. easement. The easement is located as close to the tree row to avoid damaging crops. Funds for the property are available through the Water Supply Plan (Phase I and II), Equus Beds Groundwater Recharge Demonstration Project, CIP Project #W-403, as approved by the Council in November of 1995. The easement will cost $250.00 per the easement agreement. Motion -- Gale moved that the budget and the real estate purchase contract be approved; and the Mayor be authorized to sign the necessary documents; the Easement be received and filed and registered with the Register of Deeds. Motion carried -- carried 5 to 0. (Rogers, Knight; absent) AUDIT/TRAINING CONTRACT CONTRACT FOR PROGRAM AUDIT AND TRAINING SERVICES. Agenda Report No. 98-466. The Alternative Correctional Housing Advisory Board was formed to address the multiplicity of issues associated with alternative correctional housing. These community-based living environments provide structured residential facilities as an alternative to incarceration in state penal institutions or the County jail. The City Council adopted an ordinance in October, 1996, to govern the regulation and licensing of such facilities. One of the regulations in the adopted ordinance is to require the facilities to obtain a program audit. The City of Wichita and Sedgwick County initiated Request for Proposals for program audit services. Only two proposals were received. The Alternative Correctional Housing Advisory Board reviewed the proposals and recommended the proposal submitted by Correctional Counseling in association with Michael Youngken, American Correctional Association. With this proposal, the alternative correctional housing facility will be charged a standard fee of $400 per facility for program audit services. Included in this fee will be the cost of the site visits, auditing consultation, and preparation of a written report. The proposal also recommends initiation of a one-day training session for facility operators to address issues such as: intake and assessment processes, operational policies and procedures, cost effective in house programs, ideas for re-integrating offenders into the community; and developing a good relationship with neighborhoods, etc. Finally, the proposal includes mini audits to ensure compliance with licensure standards and to investigate complaints. These mini audits would be initiated at the Request of the Alternative Correctional Housing Advisory Board. The City Council is being requested to fund the training seminar and the mini audits at a cost not to exceed $7,000. Program audit services for a training seminar and mini audits is estimated to be $7,000. Funds are available in the General Fund. Motion -- Gale moved that the contract and funding be approved and the Mayor be -- carried authorized to sign. Motion carried 5 to 0. (Rogers, Knight; absent) LIMOUSINE SERVICE CERTIFICATES OF CONVENIENCE AND NECESSITY FOR LIMOUSINE SERVICE. a. Designated Driver Limousine Service Agenda Report No. 98-467. Designated Driver Limousine Service is currently owned by Charles Badeen of Wichita. The service began April 1993. On August 18, 1997, Wichita Transit staff received a letter from Mr. Badeen advising that Mr. Brian Rasmussen had become a part owner and responsible for running the business. On February 26, 1998, Wichita Transit received a letter from Mr. Badeen advising that he will be selling his interest in the company to Mr. Rasmussen upon Wichita Transit's approval to issue a Certificate of Convenience and Necessity to him. Mr. Rasmussen has submitted an application for such certificate, including payment of the $200 application fee, his insurance policy and certificate, and names of the company owner and drivers for police records check purposes. The three (3) vehicles have been inspected as required by the ordinance. Mr. Rasmussen is requesting his certificate to include the operation of up to five (5) vehicles. A certificate is valid for a five (5) year period. A public hearing on the matter was conducted at the Wichita Transit Advisory Board meeting of April 23, 1998. Notice was published in "The Wichita Eagle" and also given to the other licensed operators. There were no negative comments received at the hearing. At the conclusion of the hearing the Wichita Transit Advisory Board recommended the City Council approve a Certificate of Convenience and Necessity for the operation of up to five (5) vehicles to Designated Driver Limousine Service, under the new ownership of Mr. Brian Rasmussen. The transfer of ownership will have little initial impact in the community. However, Mr. Rasmussen will eventually be placing more vehicles into service which should help meet a growing community demand for this type of service. Staff feels the overall quality of vehicles now in service has improved. There will be no financial impact on the City of Wichita. Motion -- Gale moved that the Certificate of Convenience and Necessity for Designated Driver Limousine to operate up to five (5) vehicles be approved. Motion carried -- carried 5 to 0. (Rogers, Knight; absent) b. Rice Limousine Service Agenda Report No. 98-468. Rice Limousine Service has been City licensed since February 13, 1996. They are currently operating three (3) limousines under a certificate which does not expire until the year 2001. Wichita Transit staff has received notice from the owners, Willard and Barbara Rice, requesting a new certificate which would allow them to operate up to ten (10) vehicles to meet high demand times, such as prom season, tour of lights, etc. This would be accomplished through temporary leasing or renting the vehicles. A public hearing on the matter was conducted at Wichita Transit's Board meeting of April 23, 1998. Notice was published in The Wichita Eagle and also given to the other licensed operators. There were no negative comments received at the hearing. At the conclusion of the hearing the Wichita Transit Advisory Board recommended the City Council approve a new Certificate for Rice Limousine service to operate up to ten (10) vehicles. Rice Limousine has met all the conditions and requirements for a licensed operation. It has been a good service to the community. The ability to place additional vehicles into service during high demand times, should be a benefit to the community. If the Certificate is granted, each car brought into service will be inspected by staff for safety compliance and included on the company's insurance policy. There will be no financial impact on the City of Wichita. Motion -- Gale moved that a new Certificate of Convenience and Necessity for Rice -- carried Limousine to operate up to ten (10) vehicles be approved. Motion carried 5 to 0. (Rogers, Knight; absent) c. Artistic Limousine Service Agenda Report No. 98-469. Artistic Limousine Service is the oldest operating limousine service in Wichita (since 1990). Over the years, Mr. Steven has had several managers running his limousine business. The current manager is Brian A. Rasmussen. On February 26, 1998, Wichita Transit staff received a letter from Mr. Steven informing us that he was selling his limousine company to Mr. Rasmussen upon Wichita Transit's approval to issue him a Certificate of Convenience and Necessity. Mr. Rasmussen, 4626 E. 13th, Wichita, Kansas, has submitted an application for such certificate, and names of the company owner and drivers for police record check purposes. The vehicles have been inspected by Wichita Transit staff. Mr. Rasmussen is requesting his certificate to include the operation of up to eight (8) vehicles. A certificate is valid for a five (5) year period. A public hearing on the matter was conducted at the Wichita Transit Advisory Board meeting of April 23, 1998. Notice was published in "The Wichita Eagle" and also given to the other licensed operators. There were no negative comments received at the hearing. At the conclusion of the hearing the Wichita Transit Advisory Board recommended the City Council approve a Certificate of Convenience and Necessity to Artistic Limousine Service for the operation of up to eight vehicles. The transfer of ownership will have little initial impact in the community. However, Mr. Rasmussen will eventually be placing more vehicles into service which should help meet a growing community demand for this type of service. Staff feels the overall quality of vehicles now in service has improved. There will be no financial impact on the City of Wichita. Motion -- Gale moved that a Certificate of Convenience and Necessity for Artistic Limousine to operate up to eight (8) vehicles be approved. Motion carried -- carried 5 to 0. (Rogers, Knight; absent) d. EMU Express, Inc. Airport Limousine Service Agenda Report No. 98-470. On March 30, 1998, Wichita Transit staff received an application from Mr. Steve Habtemarian and Mr. Laurian Cuffy, owners of EMU Express, Inc., for a Certificate of Convenience and Necessity to operate an airport limousine service in Wichita, Kansas. The application included a letter of approval from the Wichita Airport Authority for the proposed service, support documentation, an insurance policy meeting code requirements, payment of fee, listing of employees' names for police records check purposes and a vehicle inspection report. A public hearing on the matter was conducted at the Wichita Transit Advisory Board meeting of April 23, 1998. Notice was published in "The Wichita Eagle". Since there is currently one (1) licensed operator of this service in Wichita, notice of this hearing was also sent to Mr. Mohamed Ali, owner of Cheetah Express. There were no negative comments received at the hearing. At the close of the public hearing the Wichita Transit Advisory Board recommended the City Council approve a Certificate of Convenience and Necessity to EMU Express to operate up to three (3) vehicles. If approved for a license, EMU will become the second licensed operator of an airport limousine service in the City of Wichita. This will be an added resource to those persons needing transportation services to and from Mid-Continent Airport. There will be no financial impact on the City of Wichita. Motion -- Gale moved that a Certificate of Convenience and Necessity for EMU Express Inc. to operate Airport Limousine Service in Wichita, Kansas be approved. Motion -- carried carried 5 to 0. (Rogers, Knight; absent) CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 98-471. Improvement notices have been issued; however, compliance has not been achieved. pre-condemnation and formal condemnation letters were issued and the time granted has expired. Property: 503 West Hendryx Council District 6. Motion -- Gale moved that the Resolution setting a Hearing before the Governing Body on -- carried July 7, 1998, at 11:00 a.m. be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) RESOLUTION NO. R-98-219 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: the east five and seven-tenths of Lot 13 and all of Lots 14 and 15, Elmdale Addition to Wichita, Sedgwick County, Kansas, known as 503 West Hendryx in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. ORDINANCES SECOND READING ORDINANCES. (First Read May 12, 1998) a. Issuance of Industrial Revenue Bonds - WSM Properties. (District IV) ORDINANCE NO. 43-883 An Ordinance of the City of Wichita, Kansas, authorizing the issuance of not to exceed $1,900,000 aggregate principal amount of Industrial Revenue Bonds, Series VII-A, 1998 (Wichita Sheet Metal Project) and not to exceed $900,000 principal amount of taxable Industrial Revenue Bonds, Series VII-B, 1998 (Wichita Sheet Metal Project) for the purpose of providing funds to acquire, construct, renovate and equip a manufacturing facility; prescribing the form and authorizing execution of a Trust Indenture by and between the City and Commerce Bank, N.A., Wichita, Kansas, as Trustee; prescribing the form and authorizing the execution of a lease of the project by and between the City and WSM Properties; approving the form of a Guaranty Agreement by and among WSM Properties, Wichita Sheet Metal, Inc., WSM Industries, Inc., Freda V. and Emerson L. Moore, John P. and Phyllis J. Griffitt, James B. and Jerry C. Doyle, all as Guarantors, and Commerce Bank, N.A., Wichita, Kansas as Trustee; approving the form of a sublease between WSM Properties and Wichita Sheet Metal Supply, Inc.: authorizing the execution of a Bond Purchase Agreement between the City, WSM Properties, and Froggatte & Herndon Capital Corporation, Wichita, Kansas, as the purchaser of the Series VII- A , 1998 Bonds; and authorizing the execution of a Bond Placement Agreement between the City, WSM Properties, and Froggatte & Herndon Capital Corporation, Wichita, Kansas, as Purchaser of the Series VII-B, 1998 Bonds, read for the second time. Gale moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. b. Sidewalk Assessments. ORDINANCE NO. 43-885 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, read for the second time. Gale moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. c. (Z-3214). Northeast Corner of Mathewson and Murdock. (District I) ORDINANCE NO. 43-886 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Gale moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. Z-3214. d. Z-3272. North of 37th Street North and East of Seneca (4254 N. Seneca). (District VI) ORDINANCE NO. 43-887 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Gale moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. Z-3272 e. Code Ordinances Pertaining to Building and Trade Codes. ORDINANCE NO. 43-888 An Ordinance amending sections 18.04.010, 18.04.100, 18.04.140, 18.04.160, 18.04.200, 18.04.210, 18.04.240, 18.04.250, 18.04.270, 18.04.290, 18.04.320, 18.04.330, 18.04.340, 18.04.360, 18.04.380, 18.04.390, 18.04.400, 18.04.410, 18.04.420, 18.04.430, 18.04.440, 18.04.450, 18.04.460, 18.04.470, 18.04.480, 18.04.500, 18.04.510, 18.04.520, 18.04.530, 18.04.540, 18.04.550, 18.04.610, 18.04.620, 18.12.170, 18.40.070, 18.40.080, 18.40.130, 18.40.140, 18.40.150, 18.40.210, 18.40.410, 18.40.470, of the code of the City of Wichita, Kansas, pertaining to the uniform building code and repealing originals thereof; repealing sections 18.04.490, 18.04.580, and 18.04.600 of the City of Wichita, Kansas, pertaining to the uniform building code; and creating sections 18.04.185, 18.04.295, 18.04.325, 18.04.335, 18.04.353, 18.04.356, 18.04.385, 18.04.395, 18.04.445, 18.04.447, 18.04.535, 18.04.555, 18.04.565, 18.04.575, 18.04.577, 18.04.596, 18.04.597, 18.04.598, 18.04.615, of the code of the City of Wichita, Kansas, pertaining to the uniform building code, read for the second time. Gale moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. ORDINANCE NO. 43-889 An Ordinance amending sections 21.04.010, 21.04.040, 21.04.045, 21.04.145, 21.04.170, 21.04.204, 21.04.205, 21.04.220, 21.04.267, 21.04.295, 21.04.296, 21.04.298, 21.04.299, 21.04.300, 21.04.305, and 21.04.310; of the code of the City of Wichita, Kansas, and repealing the originals of sections 21.04.010, 21.04.040, 21.04.045, 21.04.101, 21.04.137, 21.04.145, 21.04.170, 21.04.204, 21.04.205, 21.04.220, 21.04.255, 21.04.260, 21.04.267, 21.04.290, 21.04.295, 21.04.296, 21.04.298, 21.04.299, 21.04.300, 21.04.305, 21.04.310 and 21.04.315 of the code of the City of Wichita, Kansas; all pertaining to the uniform plumbing code, read for the second time. Gale moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. ORDINANCE NO. 43-890 An Ordinance adopting the 1997 edition of the uniform mechanical code by reference: amending sections 22.04.010, 22.04.036, 22.04.037.1, 22.04.038, 22.04.039, 22.04.039.1, 22.04.100, 22.04.130, 22.04.140, 22.04.170, 22.04.200, 22.04.220, and 22.04.300 of the code of the city of wichita, Kansas; creating sections 22.04.021, 22.04.039.2 22.04.039.3, 20.04.039.4, 22.04.039.5 and 22.04.039.6 of the code of the City of Wichita, Kansas, pertaining to the mechanical code and repealing the originals of sections 22.04.010, 22.04.036, 22.04.037.7.1, 22.04.038, 22.04.039, 22.04.039.1, 22.04.100, 22.04.130, 22.04.140, 22.04.170, 22.04.200, 22.04.220, and 22.04.300, read for the second time. Gale moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. ORDINANCE NO. 43-891 An Ordinance amending sections 16.04.130, 16.04.150 and 16.04.450 of the code of the city of Wichita, Kansas, pertaining to the sewers, sewage disposal and drains codes; and repealing the originals thereof, read for the second time. Gale moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. ORDINANCE NO. 43-892 An Ordinance amending section 17.08.015(b) of the code of the City of Wichita, Kansas, pertaining to the lawn sprinkling system code; and repealing the original thereof, read for the second time. Gale moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. f. Z-3264 - Southeast Corner of K-96 and Woodlawn. ORDINANCE NO. 43-893 An Ordinance changing the zoning Classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Gale moved that the Ordinance be placed upon its passage and adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. Z-3264 FIRST READING ORDINANCE. Kellogg/Dugan Ordinance. (District V) Agenda Report No. 98-472. On November 29, 1994, the City Council adopted Ordinance 42- 565. The project cost must be restated due to additional right- of-way/condemnation costs, and to provide funds during the appeals process. The proposed Ordinance increases the project budget to $23,675,000 with the local share estimated to be $7,050,000. This represents a $345,000 increase in both budgets. The funding source for the increased cost is Local Sales Tax. Motion -- Gale moved that the Ordinance be placed on first reading. Motion carried -- carried 5 to 0. (Rogers, Knight; absent) ORDINANCE An Ordinance of the City of Wichita, Kansas, amending Ordinance No. 42-565 of the City, in order to restate the estimated cost of improvements and the manner of payment of said improvements therein authorized, introduced and under the rules laid over. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 37 through 40 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Gale moved that Planning Agenda Items 37 through 40 be approved as consensus -- carried Items. Motion carried 5 to 0. (Rogers, Knight; absent) V-1981 PUBLIC HEARING V-1981 - REQUEST TO VACATE UTILITY EASEMENT LOCATED IN AN AREA WEST OF WEST STREET AND NORTH OF PAWNEE. (District IV) Agenda Report No. 98-473. MAPC Recommendation: Approve vacation of utility easement. Staff Recommendation: Approve vacation of utility easement. In July of 1996 Mr. John Dugan began the process to vacate this utility easement, along with a request to split both these lots and create a total of 4 lots in this industrial area. The intent was to provide smaller lots for the industrial market since the lots as platted were not selling. The vacation petition was reviewed and approved by the Subdivision Committee and MAPC with minor conditions. The lot split applications generated some additional dedications and guarantees for utility extensions. After the initial reviews, the cases stalled. Both lots have now been sold to a new buyer that wishes to develop a single business on both lots. The previous lot split application has been withdrawn; but the owner wishes to proceed with the vacation of the utility easement. The Subdivision Committee and MAPC reviewed and recommended approval of the vacation in July of 1996, subject to the normal condition of paying for relocation of any utilities and for the following special condition: 1. Provide a revised legal description of the actual easement area being vacated and a revised drawing of the area in question. The revised legal description and revised drawing have been submitted and the case was then scheduled for hearing by the City Council. 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. Vice Mayor Gale Vice Mayor Gale inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Gale 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 5 to 0. (Rogers, Knight; absent) D-1733 D-1733 - DEDICATION OF A STREET RIGHT-OF-WAY LOCATED WEST OF TYLER AND NORTH OF MAPLE (AT 201 N. SOCORA DRIVE). (District III) Agenda Report No. 98-474. MAPC Recommendation: Accept the dedication. As a requirement of Building Permit #98-005883-0101, this dedication is being made for the purpose of additional street right-of-way for Socora Street. The dedication has been reviewed and approved by the Planning Commission. Motion -- Gale moved that the dedication be accepted and recorded with the Register of -- carried Deeds. Motion carried 5 to 0. (Rogers, Knight; absent) S/D 97-59 S/D 97-59 - PLAT OF HARBOR ISLE SECOND ADDITION LOCATED ON THE EAST SIDE OF MERIDIAN, SOUTH OF 53RD STREET NORTH. (District VI) Agenda Report No. 98-475. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This site is zoned SF-6, Single-Family Residential. Petitions, all 100 percent, have been submitted for sanitary sewer, municipal water, pavement and drainage improvements. A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of the reserves, the applicant has submitted a restrictive covenant. To provide for off- street parking for lots adjacent to narrow streets, a covenant has also been submitted requiring that four (4) off-street spaces be provided for each such lot. An easement for a temporary off-site turnaround has also been provided. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petitions, Restrictive Covenants and Off-site Easement. 100 Percent Petition for construction of Water Distribution System Number 448- 89272 (east of Meridian, south of 53rd North) $175,000 S.A. 100 Percent Petition for construction of pump station modifications for Lateral 96, Sanitary Sewer No. 23 (east of Meridian, south of 53rd North) Project No. 468-82846 $86,000 S.A. 100 Percent Petition for construction of Lateral 96, Sanitary Sewer No. 23 (east of Meridian, south of 53rd North) Project No. 468- 82847 $405,000 S.A. 100 Percent Petition for improving of Harborlight Street from the east line of Meridian to the south line of Lot 53, Block 2, and; Harborlight Courts serving Lots 1 through 6, Lots 11 through 22, Lots 25 through 35, and Lots 38 through 44, Block 2, Project No. 472-89251 (east of Meridian, south of 53rd Street North) $650,000 S.A. Motion -- Gale 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 5 to 0. (Rogers, Knight; absent) RESOLUTION NO. R-98-195 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89272 (east of Meridian, south of 53rd North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. RESOLUTION NO. R-98-196 Resolution of findings of advisability and Resolution authorizing construction of pump station modifications for Lateral 96, Sanitary Sewer No. 23 (east of Meridian, south of 53rd North) Project No. 468-82846 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. RESOLUTION NO. R-98-197 Resolution of findings of advisability and Resolution authorizing construction of Lateral 96, Sanitary Sewer No. 23 (east of Meridian, south of 53rd North) Project No. 468-82847 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. RESOLUTION NO. R-98-198 Resolution of findings of advisability and Resolution authorizing improving of Harborlight Street from the east line of Meridian to the south line of Lot 53, Block 2, and; Harborlight Courts serving Lots 1 through 6, Lots 11 through 22, Lots 25 through 35, and Lots 38 through 44, Block 2, Project No. 472-89251 (east of Meridian, south of 53rd Street North), presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. S/D 97-65 S/D 97-65 - PLAT OF RIDGE PORT ADDITION LOCATED ON THE NORTHEAST CORNER OF 29TH STREET NORTH AND RIDGE ROAD. (District V) Agenda Report No. 98-476. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This site was recently annexed into the City. A zone change (SCZ-0752) from LI, Limited Industrial to SF-6, Single-Family Residential and TF- 3, Two-Family Residential was approved for this site subject to platting. Petitions, all 100%, have been submitted for sanitary sewer, water, pavement, and storm water improvements. A Certificate of Petition has also been submitted. Off-site sewer easements were also submitted. In order to provide for the ownership and maintenance of the reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking for lots adjacent to narrow streets, a covenant has also been submitted requiring that four (4) off- street spaces be provided for each such lot. A temporary emergency access easement has been provided which will be effective until a street connection east of the plat is provided. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petition, Restrictive Covenants, Off-site Easement. 100 Percent Petition for construction of Water Distribution System No. 448-89264 to serve Ridge Port Addition (east of Ridge, north of 29th Street North) $48,000 S.A., $11,000 Utility Improvement Fund 100 Percent Petition for construction of Water Distribution System No. 448-89265 to serve Ridge Port Addition (east of Ridge, north of 29th Street North) $189,000 S.A. 100 Percent Petition for construction of Water Distribution System No. 448-89266 to serve Ridge Port Addition (east of Ridge, north of 29th Street North) $126,000 S.A. 100 Percent Petition for construction of Water Distribution System No. 448-89268 to serve Ridge Port Addition (east of Ridge, north of 29th Street North) $99,000 S.A. 100 Percent Petition for construction of Lateral 400, SWI Lift Station & Force Main to serve Ridge Port Addition (east of Ridge, north of 29th Street North) Project No. 468-82839 $702,000 S.A. 100 Percent Petition for construction of Lateral 400, SWI to serve Ridge Port Addition (east of Ridge, north of 29th Street North) Project No. 468-82840 $920,000 S.A. 100 Percent Petition for construction of Storm Water Drain No. 136 to serve Ridge Port Addition (east of Ridge, north of 29th Street North) Project No. 468-82841 $683,000 S.A. 100 Percent Petition for construction of Storm Water Sewer No. 504 to serve Ridge Port Addition (east of Ridge, north of 29th Street North) Project No. 468-82842 $120,000 S.A. 100 Percent Petition for construction of Pump Station Modifications to serve Ridge Port Addition (east of Ridge, north of 29th Street North) Project No. 468- 82843 $25,000 S.A. 100 Percent Petition authorizing improving of Ridge Port from the north line of 29th Street North, north to the south line of Shadow Lakes from the south line of Lot 20, Block 4, east to the east line of Lot 30, block 6; Ridge Port Courts serving Lots 1 through 5, Block 4 (from the west line of Ridge Port, west to and including the cul-de-sac); Lots 1 through 7, Block 6 (from the east line of Ridge Port, east to and including the cul-de-sac); Lots 8 through 13, Block 6 (from the east line of Ridge Port, east to and including the cul-de-sac); Lots 14 through 19, Block 6 (from the east line of Ridge Port, east to and including the cul-de- sac); Lots 20 through 24, Block 5 (from the north line of Ridge Port Court, north to and including the cul-de-sac); Ridge Port Circle from the south line of Lot 20, block 4, north to the north line of Lot 21, Block 4; Westwind Bay from the east line of Ridge Road, east, south, and west back to the east line of Ridge Road; Westwind Bay Courts serving Lots 1 through 4, Block 3 (from the north line of Westwind Bay, north to and including the cul- de-sac), and; Lots 14 through 18, Block 3 (from the south line of Westwind Bay, south to and including the cul-de- sac), and; sidewalk on both sides of Ridge Port from the north line of 29th Street North to the south line of Shadow Lakes and, both sides of Shadow Lakes from the south line of Lot 20, Block 4, east to the east line of Lot 30, Block 5, Project No. 472-89246 (east of Ridge, north of 29th Street North) $757,000 S.A.) 100 Percent Petition authorizing improving of Shadow Lakes from the east line of Lot 30, Block 6, east to the south line of Northshore Boulevard; Northshore Boulevard from the east line of Shadow Lakes, north to the south line of Lot 21, Block 5; Ridge Port Circle from the south line of Lot 20, Block 4, north to and including the cul-de-sac; Ridge Port Court serving Lots 29 through 34, Block 4 (from the east line of Ridge Port Circle, east to and including the cul-de-sac); Shadow Lakes Courts serving Lots 31 through 34, Block 6 (from the south line of Shadow Lakes south to and including the cul-de-sac); Lots 37 through 41, Block 5 (from the south line of Shadow Lakes south to and including the cul-de-sac); Northshore Court serving Lots 42 through 47, Block 4 (from the west line of Northshore boulevard west to and including the cul-de- sac); Northwind from the east line of Northshore Boulevard, north and east to the east line of the plat, and; sidewalk on both sides of Shadow Lakes from the east line of Lot l30, Block 5, to the south side of Northshore Boulevard, and both sides of Northshore Boulevard from the east line of Shadow Lakes, north to the south line of Lot 21, Block 5, Project No. 472-89247 (east of Ridge, north of 29th Street North) $472,000 S.A. 100 Percent Petition authorizing improving of Northshore Boulevard from the southerly line of Lot 21, Block 5,north to the north line of Northwind; Northwind from the east line of Northshore Boulevard, west to the south line of Sandplum; Sandplum from the west line of Northwind, north to the north line of the plat; Northshore Court from the west of Northshore Boulevard, west to and including the cul-de-sac; and east to and including the cul-de-sac; Northwind Court from the north line of Northwind, north and east to and including the cul-de-sac; Northwind Circle from the east line of Sandplum, south to and including the cul- de-sac; Sandplum Court from the west line of Sandplum, west to and including the cul-de-sac; sidewalk on both sides of Northshore Boulevard from the south line of Lot 21, Block 5, north to the north line of Lot 5, Block 4; both sides of Northwind from the east line of Northshore Boulevard, west to the northeasterly line of Lot 54, Block 4, and; both sides of Sandplum from the west line of Northwind, north to the north line of the plat, Project No. 472-89248 (east of Ridge, north of 29th Street North) $360,000 S.A. 100 Percent Petition for improving of 29th Street North from the east line of Ridge Road, east to and east line of Crosswinds, Project No. 472-89249 (east of Ridge, north of 29th Street North) $179,000 S.A. 100 Percent Petition for improving of 29th Street North left turn bay to serve Ridge Port Addition, Project No. 472-89250 (east of Ridge, north of 29th Street North) $20,000 S.A. Motion -- Gale 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 SCZ-0752 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 5 to 0. (Rogers, Knight; absent) RESOLUTION NO. R-98-199 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-89264 to serve Ridge Port Addition (east of Ridge, north of 29th Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. RESOLUTION NO. R-98-200 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-89265 to serve Ridge Port Addition (east of Ridge, north of 29th Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. RESOLUTION NO. R-98-201 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-89266 to serve Ridge Port Addition (east of Ridge, north of 29th Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. RESOLUTION NO. R-98-202 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-89286 to serve Ridge Port Addition (east of Ridge, north of 29th Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. RESOLUTION NO. R-98-203 Resolution of findings of advisability and Resolution authorizing construction of Lateral 400, SWI Lift Station & Force Main to serve Ridge Port Addition (east of Ridge, north of 29th Street North) Project No. 468- 82839 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. RESOLUTION NO. R-98-204 Resolution of findings of advisability and Resolution authorizing construction of Lateral 400, SWI to serve Ridge Port Addition (east of Ridge, north of 29th Street North) Project No. 468-82840 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. RESOLUTION NO. R-98-205 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 136 to serve Ridge Port Addition (east of Ridge, north of 29th Street North) Project No. 468-82841 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. RESOLUTION NO. R-98-206 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Sewer No. 504 to serve Ridge Port Addition (east of Ridge, north of 29th Street North) Project No. 468-82842 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. RESOLUTION NO. R-98-207 Resolution of findings of advisability and Resolution authorizing construction of Pump Station Modifications to serve Ridge Port Addition (east of Ridge, north of 29th Street North) Project No. 468-82843 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. RESOLUTION NO. R-98-208 Resolution of findings of advisability and Resolution authorizing improving of Ridge Port from the north line of 29th Street North, north to the south line of Shadow Lakes from the south line of Lot 20, Block 4, east to the east line of Lot 30, block 6; Ridge Port Courts serving Lots 1 through 5, Block 4 (from the west line of Ridge Port, west to and including the cul-de-sac); Lots 1 through 7, Block 6 (from the east line of Ridge Port, east to and including the cul-de-sac); Lots 8 through 13, Block 6 (from the east line of Ridge Port, east to and including the cul-de-sac); Lots 14 through 19, Block 6 (from the east line of Ridge Port, east to and including the cul-de-sac); Lots 20 through 24, Block 5 (from the north line of Ridge Port Court, north to and including the cul-de-sac); Ridge Port Circle from the south line of Lot 20, block 4, north to the north line of Lot 21, Block 4; Westwind Bay from the east line of Ridge Road, east, south, and west back to the east line of Ridge Road; Westwind Bay Courts serving Lots 1 through 4, Block 3 (from the north line of Westwind Bay, north to and including the cul-de-sac), and; Lots 14 through 18, Block 3 (from the south line of Westwind Bay, south to and including the cul-de-sac), and; sidewalk on both sides of Ridge Port from the north line of 29th Street North to the south line of Shadow Lakes and, both sides of Shadow Lakes from the south line of Lot 20, Block 4, east to the east line of Lot 30, Block 5, Project No. 472-89246 (east of Ridge, north of 29th Street North), presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. RESOLUTION NO. R-98-209 Resolution of findings of advisability and Resolution authorizing improving of Shadow Lakes from the east line of Lot 30, Block 6, east to the south line of Northshore Boulevard; Northshore Boulevard from the east line of Shadow Lakes, north to the south line of Lot 21, Block 5; Ridge Port Circle from the south line of Lot 20, Block 4, north to and including the cul-de- sac; Ridge Port Court serving Lots 29 through 34, Block 4 (from the east line of Ridge Port Circle, east to and including the cul-de-sac); Shadow Lakes Courts serving Lots 31 through 34, Block 6 (from the south line of Shadow Lakes south to and including the cul-de-sac); Lots 37 through 41, Block 5 (from the south line of Shadow Lakes south to and including the cul-de-sac); Northshore Court serving Lots 42 through 47, Block 4 (from the west line of Northshore boulevard west to and including the cul-de-sac); Northwind from the east line of Northshore Boulevard, north and east to the east line of the plat, and; sidewalk on both sides of Shadow Lakes from the east line of Lot l30, Block 5, to the south side of Northshore Boulevard, and both sides of Northshore Boulevard from the east line of Shadow Lakes, north to the south line of Lot 21, Block 5, Project No. 472-89247 (east of Ridge, north of 29th Street North), presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. RESOLUTION NO. R-98-210 Resolution of findings of advisability and Resolution authorizing improving of Northshore Boulevard from the southerly line of Lot 21, Block 5,north to the north line of Northwind; Northwind from the east line of Northshore Boulevard, west to the south line of Sandplum; Sandplum from the west line of Northwind, north to the north line of the plat; Northshore Court from the west of Northshore Boulevard, west to and including the cul-de-sac; and east to and including the cul-de-sac; Northwind Court from the north line of Northwind, north and east to and including the cul-de-sac; Northwind Circle from the east line of Sandplum, south to and including the cul-de-sac; Sandplum Court from the west line of Sandplum, west to and including the cul-de-sac; sidewalk on both sides of Northshore Boulevard from the south line of Lot 21, Block 5, north to the north line of Lot 5, Block 4; both sides of Northwind from the east line of Northshore Boulevard, west to the northeasterly line of Lot 54, Block 4, and; both sides of Sandplum from the west line of Northwind, north to the north line of the plat, Project No. 472-89248 (east of Ridge, north of 29th Street North), presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. RESOLUTION NO. R-98-211 Resolution of findings of advisability and Resolution authorizing improving of 29th Street North from the east line of Ridge Road, east to and east line of Crosswinds, Project No. 472-89249 (east of Ridge, north of 29th Street North), presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. RESOLUTION NO. R-98-212 Resolution of findings of advisability and Resolution authorizing improving of 29th Street North left turn bay to serve Ridge Port Addition, Project No. 472- 89250 (east of Ridge, north of 29th Street North), presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. SCZ-0752 S/D 97-69 S/D 97-69 - PLAT OF TARA FALLS ADDITION LOCATED ON THE SOUTH SIDE OF HARRY STREET, WEST OF 127TH STREET EAST. (District II) Agenda Report No. 98-477. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. A zone change (SCZ-0758) allowing SF-6, Single-Family Residential has been approved for this site subject to replatting. This 185-lot site is located in the County within three miles of the City's boundary. The site will be served by the County's Four-Mile Creek sanitary sewer system and petitions for sewer improvements will be handled by the County. A street improvement petition will also be handled by the County. Water service will be provided from Wichita and a petition has been submitted for these improvements. An Outside-the-City Water Agreement has also been submitted. Both a City and County Certificate of Petitions have also been submitted. In order to provide for ownership and maintenance of the reserves, the applicant has submitted a restrictive covenant. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petition, Restrictive Covenant, Water Service Application. 100 Percent Petition for construction of Water Distribution System No. 448-89270 (phase I) to serve Tara Falls Addition (south of Harry, west of 127th Street East) $114,000 S.A. 100 Percent Petition for Water Distribution System No. 448- 89271 (phase II) to serve Tara Falls Addition (south of Harry, west of 127th Street East) $178,000 S.A. Motion -- Gale 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 5 to 0. (Rogers, Knight; absent) RESOLUTION NO. R-98-213 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-89270 (phase I) to serve Tara Falls Addition (south of Harry, west of 127th Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. RESOLUTION NO. R-98-214 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System No. 448-89271 (phase II) to serve Tara Falls Addition (south of Harry, west of 127th Street East) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 5 to 0. (Rogers, Knight; absent) Yeas: Cole, Ferris, Kamen, Lambke, Gale. EXECUTIVE SESSION Motion -- Gale moved that the Council recess to executive session consultation with legal counsel on matters privileged in the attorney-client relationship relating to consider potential litigation, legal advice, contract negotiations, personnel matters of non-elected personnel; matters relating to employer-employee negotiations; and the regular meeting be resumed at 12:10 p.m. in the City -- carried Council Chambers. Motion carried 5 to 0. (Rogers, Knight; absent) RECESS Council recessed at 10:55 a.m. and reconvened in regular session at 12:10 p.m. Vice Mayor Gale Vice Mayor Gale announced that no action was necessary as a result of the executive session. (The Council returned to Items 4 and 8. Action is shown in Agenda order.) ADJOURNMENT The City Council meeting adjourned at 12:20 p.m. Patsy Ellis Deputy City Clerk COUNCIL PROCEEDINGS JOURNAL 166 MAY 19, 1998 Page 1