MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, June 16, 1998 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Lambke, Rogers; present. Council Members *Ferris, Kamen; absent. Cathy Holdeman, City Manager’s Office; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Eddie Jusino, Associate Pastor, 1st Presbyterian 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 June 9, 1998, were -- approved approved 5 to 0. (Ferris, Kamen; absent) AWARDS AND PRESENTATIONS Proclamations Mayor Knight presented the Proclamations previously approved. *Council Member Ferris present. PUBLIC AGENDA ADDENDUM ITEM COMMENTS BY PHILLIS HALL RE: TRASH IN PLANEVIEW. Phyllis Hall, representing Planeview United and a CPO member, spoke regarding Planeview being a public dumping site. Ms. Hall said clean-up sessions meant for Planeview residents have had people from all areas of town dumping trash, furniture, and other articles in Planeview. Checks through the trash have shown names and addresses of people from all areas. Ms. Hall requested that metal signs, indicating that it is illegal to dump, be posted in Planeview. Mayor Knight Mayor Knight stated that Council Member Lambke would work with the City Manager to help find a remedy for the problem. UNFINISHED BUSINESS 1137 NORTH BROADWAY 1137 NORTH BROADWAY PROPERTY. Continued from June 2, 1998. Cathy Holdeman City Manager’s Office reviewed the Item. Agenda Report No. 98-481 A. The City owns the historic property at 1137 Broadway and has leased it since 1976 for $1.00/year to Halfway House for Adults, Inc. Under the terms of the lease, the tenant is responsible for all general repairs and upkeep "in full compliance with the Uniform Building Code and Uniform Fire Codes" of the City. The lease is on a month-to-month basis and can be terminated by the City with a 30-day notice. Representatives from Halfway House for Adults, Inc., have submitted a request for the City to defray the cost of certain renovation work that is required for this residential structure. The tenant has estimated this work to cost over $100,000. On June 2, 1998, the City Council was to review the options available to the City. At the request of City Council member Joan Cole, the agenda item was deferred until June 16, 1998 to permit time to meet with the Board of the Halfway House for Adults to fully examine the options and determine possible solutions. The City has received a request to provide funding for certain repairs and maintenance of the City-owned property currently being used as a halfway house. The majority of this work involves reconstruction of the porch, new drainage guttering, house painting, and other maintenance and repairs. City staff inspected the property on May 21, 1998 and estimate the repairs to the property, including the north drive-way, at $76,449. Currently, the property is in violation of City Codes. In 1996, a request was made for CDBG funding in the amount of $35,000; however, this request was made too late for consideration. Since that time, this Agency has not submitted funding applications for CDBG funding. Recently, this matter was brought to the Historic Preservation Board who adopted a resolution in support of City funding support for this property. On June 10, 1998 City Council member Cole and staff met with the Board of the Halfway House for Adults. Halfway House of Adults has agreed to consider moving from the City owned property at 1137 North Broadway if a reasonable period of time to secure another site is provided (estimated at six months) and suitable financing and suitable facility can be secured. The Board is to examine the possibilities of private financing and meet with Council Member Cole on July 1, 1998. Mayor Knight Mayor Knight inquired if anyone wished to speak and no one appeared. Motion -- Cole moved that the report be received and filed; and that further consideration -- carried be deferred until after July 1, 1998. Motion carried 6 to 0. (Kamen absent) NEW BUSINESS IRB BG PRODUCTS PUBLIC HEARING AND REINSTATEMENT AND EXTENSION OF LETTER OF INTENT - BG PRODUCTS, INC. (District VI) Cathy Holdeman City Manager’s Office reviewed the Item. Agenda Report No. 98-525. On August 5, 1997 the City Council approved the issuance of a Letter of Intent for Industrial Revenue Bonds, in an amount not-to-exceed $4.0 million, for a six month period to BG Products, Inc. for construction of an expansion of its manufacturing facility in downtown Wichita. On January 6, 1998 City Council deferred the bond issuance pending resolution of certain legal issues. The Letter of Intent expired February 5, 1998. Legal issues are now resolved and BG is prepared to proceed, starting with reinstatement of the Letter of Intent. During the interim, project costs have increased, requiring a new cost-benefit analysis and public hearing. BG Products formulates, manufactures and distributes a broad line of professional use, high-quality fuel and oil conditioners and specialty lubricants, greases and chemicals. BG Products' products are sold to professionals and fleet operators and are distributed through a network of independent domestic and foreign distributors. The products are sold throughout the U.S., Canada, Europe, the Middle East, Asia, the Far East and South America. BG Products produces over 105 products which are formulated for general industrial applications, automobiles, heavy trucks, motorcycles, farm equipment, earth moving equipment, marine engines, recreational vehicles and home and shop engines. Virtually all of BG's product is sold to consumers outside of the State of Kansas. Bond proceeds will be used to construct and equip a 54,700 square foot expansion to BG's existing manufacturing and storage facilities, as well as a new combination office and manufacturing building, which has increased in size from 13,665 to 18,375 square foot. As part of the expansion of existing facilities, BG will improve the facility's riverside appearance by enclosing currently exposed metal storage tanks that are located on the east bank of the Arkansas River south of the US-54 bridge. The bonds will be issued in two series, tax-exempt and taxable, and underwritten by Froggatte & Herndon Capital Markets. The firm of Hinkle, Eberhart & Elkouri, L.L.C. is bond counsel in the transaction. The sources and uses of bond proceeds are as follows: SOURCES OF FUNDS Bond Proceeds $4,700,000 Applicant Contribution 187,405 Total Sources $4,887,405 USE OF BOND PROCEEDS Capital Improvements $4,509,242 Capitalized Interest 164,613 Reserve Fund 50,000 Underwriting Costs 120,000 Other Issuance Costs 43,550 Total Uses: $4,887,405 BG currently employs approximately 60 people and anticipates adding another 20 employees following construction of the expansion. BG will have a current approved EEO/AA Plan on file with the City's Human Resources Department prior to the issuance of the bonds. BG agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. BG is requesting a 100% tax abatement of ad valorem property taxes on the expansion project. A cost/benefit analysis has been recalculated by Wichita State University as a result of changes to the project. The results of the analysis show cost/benefit ratios of 1.35:1 for the City; 1.16:1 for the County; 1.03:1 for USD 259 and 3.95:1 for the State. Mayor Knight Mayor Knight inquired whether anyone wished to speak and no one appeared. Council Member Rogers Council Member Rogers noted that Item 14 on the conditions was written with the old wording. Gary Rebenstorf Director of Law stated the wording would be corrected. Motion -- Cole moved that the Mayor be authorized to sign a Reinstatement and Extension of the Letter of Intent to BG Products, Inc. for Tax-Exempt Industrial Revenue Bonds in an amount not to exceed $4.7 million for a 6-month term and grant a 100% property tax abatement for a five-year term, plus a second five years following review and approval by the City Council, subject to the following conditions: 1. Negotiation of a Lease Agreement and Bond Ordinance. 2. Arrangements have been made for the sale/placement of the bonds. 3. Guarantees for the payment of the bonds are in place. 4. Agreement to pay the City administrative fees of $2,500 per year for as long as the bonds are outstanding. 5. Agreement to pay all costs incurred by the City for processing the bonds/application. 6. An approved Equal Employment Opportunity/Affirmative Action Plan is on file with the City prior to issuance of the bonds. 7. An approved Water Conservation Plan is on file with the City prior to issuance of the bonds. 8. Agreement to submit building and site plans to CART (City manager's Aesthetic Review Team) for review and to modify the proposed design to comply with any reasonable CART conditions or recommendations. 9. Agreement to provide the City, prior to submitting the proposed Lease Agreement, an Environmental Site Assessment (ESA) that documents the environmental conditions of the property, and an agreement that the ESA will be conducted by an independent consultant who is a recognized expert in the area. Industrial Revenue Bonds will not be issued if the ESA discloses environmental conditions that might have implications for bond purchasers under the liability provisions of the Superfund Amendments and Reauthorization Act (SARA). 10 Agreement that if the bonds are to be offered for sale to the public, the applicant will not, during the period of time the bonds are outstanding, have a commercial banking relationship with the trustee of the bonds to be issued unless the original purchaser of the bonds acknowledges in writing the existence of the relationship and waives any conflict that might exist as a result of the relationship. 11. Applicant is required to furnish copies of its annual audits to the City. 12. Cooperation with any annual compliance audit procedure the City may adopt to monitor compliance with conditions, including any annual reports required of the applicant and any inspections of the applicant's premises or interviews with the applicant's staff. 13. Commitment to achieve and maintain its proposed employment goals, and to meet its Equal Employment Opportunity/Affirmative Action goals, during the term of the tax abatement. 14. If the project involves new construction, substantial renovation or landscaping, an agreement to provide the City with documented evidence that the applicant used procedures, prior to the issuance of the bonds, that do not exclude qualified Minority-owned Business Enterprises (MBE) and Women-owned Business Enterprises (WBE) from serving as contractors, subcontractors, engineers, architects, suppliers and vendors on the bond-financed project. -- carried Motion carried 6 to 0. (Kamen absent) ZOO BOULEVARD ZOO BOULEVARD IMPROVEMENT FROM 13TH STREET NORTH TO THE I-235 FREEWAY. (Dist V) Cathy Holdeman City Manager’s Office reviewed the Item. Agenda Report No. 98-526. The 1998 Capital Improvement Program includes a project to upgrade Zoo Boulevard from 13th Street to the I-235 Freeway (CIP 9603, page 89). CPO Council 5 considered the project on May 27, 1998 and voted 7-0 to recommend approval. One element of the project is the closure of Dougherty Street at the Zoo Boulevard/13th Street intersection. This item was considered twice by CPO Council V. On February 25, 1998 the Council voted 3-2 and on April 15, 1998 the Council voted 4-2 to recommend approval of the proposed closure. On May 20, 1998, the Traffic Commission voted 6-0 to support the Dougherty closure. The project consists of widening Zoo Boulevard to provide three through lanes of traffic in each direction on Zoo Boulevard through the I-235 interchange area, and to improve access to and from the interchange ramps. Construction of the project and an associated 36" diameter water line is expected to begin this fall and be completed in 1999. The Zoo Boulevard improvement will be coordinated with work by the Kansas Department of Transportation to upgrade the access ramps and lighting at I-235. The cost will be paid by the State. The estimated project cost is $3,100,000, with $2,100,000 paid by the City of Wichita and $1,000,000 by the State. The funding source for the City share is General Obligation Bonds. The widening of Zoo Boulevard at 13th would result in Dougherty intersecting 13th within the 13th & Zoo intersection, therefore, it is recommended that Dougherty be closed south of 13th and that a cul-de-sac turn around area be constructed. Two way traffic flow will be maintained on Zoo Boulevard during construction of the project. Mayor Knight Mayor Knight inquired if anyone wished to speak and no one appeared. Motion -- Ferris moved that the project and closure of Dougherty be approved; the Agreements be approved and the Mayor be authorized to sign; and the Ordinance be -- carried placed on first reading. Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance declaring Zoo Boulevard from 12th Street North to Windmill Road (472-82945)to be main trafficways within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements of said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof and the manner of payment of the same, introduced and under the rules laid over. HISTORIC PRESERVATION HISTORIC PRESERVATION LOAN - J.K. BROWN RESIDENCE, 1425 N. FAIRVIEW. (Dist VI) Agenda Report No. 98-527. The J.K. Brown residence at 1425 N. Fairview was built in 1900 at a cost of $1,500. The home is located in the City of Wichita’s Park Place/Fairview Historic District. Brown constructed the house in the Queen Anne style of residential architecture. The Brown home features details common to the Queen Anne style, including a steeply- pitched double-hipped roof with elaborately decorated gables, a one- story wrap- around porch, and wall texture variations using clapboards and shingles. Doric columns support the wrap-around porch. The interior features a grand staircase, tile and oak fireplace mantel, and leaded glass. Unlike many other grand homes in Midtown, the Brown House avoided the fate of becoming a rooming house during World War II. But in the 1960s, the house was converted into four apartments. In early 1998, David and Marcy Smith purchased the residence and are working to restore the house to its former single-family glory. Their efforts will allow future generations to enjoy this beautiful part of Wichita’s heritage. Over the course of the last several months, the City’s Historic Preservation Board has reviewed a request for funding through the Revolving Loan Program for Historic Properties by the Smiths. The majority of the dollar amount requested by the applicants will provide for the restoration and rehabilitation of the home’s wrap-around front porch; allow the structure to receive an exterior paint job; and provide improvements to the interior of the structure, including all new heating and cooling, electrical, and plumbing systems. At a special meeting held June 2, 1998 at the property, a quorum of the Historic Preservation Board convened to review the project. At that meeting, the Board voted 5-0 in favor of the proposed restoration and new construction work, and supported the Revolving Loan Program for Historic Properties loan request of $82,000. Work undertaken will conform to and be respectful of the Secretary of the Interior’s Standards for Rehabilitation. The Revolving Loan Program’s guidelines specify that if an owner of a historic property applies for funds in excess of the $25,000 maximum, a two-thirds majority vote of the Historic Preservation Board and the concurrence of the City Council will be necessary for approval of the request. The physical decline to the exterior of much of the Brown House has proceeded for years, and the wooden exterior cladding should not be allowed to deteriorate any further. Presently, the structure has been cited for numerous code violations through the City’s Office of Central Inspection. These range from repairing and replacing front porch deck and ceiling, to repairing and replacing windows and doors on the home. Additionally, the exterior of the home has been cited to due to a lack of paint and deteriorated wood siding. Revolving Loan funds in the amount of $82,000 will cause these improvements to make the building weather-tight and arrest further deterioration. The City’s Neighborhood Improvement Services section of the Office of Central Inspection will administer the Revolving Loan funds, and will also monitor the job as it progresses. The purpose of the Revolving Loan Program for Historic Properties is to provide low- interest loans to encourage the preservation and rehabilitation of historically and architecturally significant structures in Wichita. Revolving Loan Fund monies are made available at a rate of four (4) points below the Prime Rate, over a period of twenty years. As of May 29, 1998, approximately $240,000 was available in the fund. If the City Council approves the $82,000 loan request, approximately $158,000 would remain in the program to fund other preservation projects in Wichita. The City has no other financial responsibilities associated with this loan. The City will have no legal obligations apart from normal inspection procedures associated with the housing, building and other applicable codes. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Historic Preservation Loan for $82,000 be approved. Motion -- carried carried 6 to 0. (Kamen absent) ADDENDUM ITEM 4A. CONSOLIDATION RESOLUTION PERTAINING TO ADVISORY ELECTION ON CITY/COUNTY CONSOLIDATION. Cathy Holdeman City Manager’s Office reviewed the Item. On April 14, 1998, the City Council considered adoption of an ordinance to direct the Sedgwick County Election Commissioner to conduct an advisory election at the same time as the primary election regarding City/County consolidation. Before the City Council took action, a member of the Board of County Commissioners requested the opportunity to discuss the issue with the City Council and, therefore, adoption of the ordinance was deferred. As a result of a meeting among the Mayor and a member of the City Council and members of the Board of County Commissioners, it was deemed appropriate to jointly seek an opinion of the Attorney General of Kansas on the issue of conducting the advisory election on consolidation at the same time as the primary election. The Attorney General provided a response that there would not be a challenge in court by the Attorney General to a county wide advisory election held at the same time as the primary election. The resolution requests the Board of County Commissioners to adopt a home rule resolution to direct the Sedgwick County Election Commissioner to conduct a county-wide election on the question of consolidation, with the question presented to the voters to read as follows: “Should the City of Wichita and Sedgwick County be consolidated into one government?” Yes___ No____.” The County needs to act quickly on the matter in order to meet the deadline of the election commissioner to put the advisory question on the primary ballot for August 4, 1998. There is no cost to the City or the County if the advisory election is held at the same time as the primary election. Based on the response of the Attorney General, there is no legal impediment to going forward with an advisory election on the issue of consolidation. Gary Rebenstorf Director of Law said the City had received a response from the Attorney General stating that the Attorney General would not challenge an advisory vote. Mayor Knight Mayor Knight stated that it is understood the County would be considering this matter at the Commission meeting on June 17, 1998. Council Member Rogers Council Member Rogers said an advisory election gives information on what the citizens want. Council Member Lambke Council Member Lambke said the process was lengthy for a non-decision to be received 7 weeks after the request was submitted to the Attorney General. The Election Commissioner’s personal opinion is not a valid reason to withhold the question from the ballot. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Lambke moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-243 A Resolution of the City Council of the City of Wichita pertaining to an advisory election on City/County Consolidation, presented. Lambke moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. CITY COUNCIL AGENDA PROCLAMATIONS PROCLAMATIONS Freedom Run Day Motion -- carried Knight moved that the proclamations be authorized. Motion carried 6 to 0. (Kamen absent) APPOINTMENTS BOARD APPOINTMENTS. (FOR TERMS EXPIRING JUNE 30, 1999. Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect - Council at large) Board of Housing Commissioners (Cole) Civil Rights and Services Board (Rogers) Commission on the Status of People with Disabilities (Cole) Convention & Tourism Committee (Knight) Human Services Board (Council at large) 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. CONSENT AGENDA Knight moved that the Consent Agenda, including Addendum Item 20a, be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Kamen absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JUNE 15, 1998. At 10:00 a.m., Friday, June 12, 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 June 15, 1998) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains As per specifications Water Distribution System to serve West Lynn Seventh Addition (west of West Street, north of 13th Street). (448-89108/733568/470434) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (District V) Mies Construction Co., Inc. - $27,643.00 Water Distribution Lines to serve an area generally bounded by 46th Street North, Little Arkansas River, 49th Street North and Arkansas Avenue (448-89216/734194) and an area generally bounded by 49th Street North, Seneca Street, 53rd Street North and Arkansas Avenue (448-89244 734376), Phase II (west of Arkansas, south of 53rd Street North) (448-89216/89244/734194/ 734376/470497/470515). Traffic to be maintained during construction. (Council approval dates 11-4-97/3/17/98) (District VI) Nowak Construction - $599,903.57 1998 Water Main Replacement Program - South Group (east of Broadway, north of Pawnee). (448-89197/634832/544138) Traffic maintained during construction using flagpersons and barricades. (Council approval 1-6-98) (Districts III & VI) Nowak Construction - $1,114,814.00 1997-1998 CDBG Planeview Pedestrian Bridge, Sidewalk and Light (south of Pawnee, east of Hillside). (618611/805007) Does not affect existing traffic. (Council approval date 3-4-97) (District III) Utility Contractors - $94,751.00 Doris to serve Eck Fourth, Bratcher Second, Bob Carter, Donna's Third Additions, RA.Morris Tracts (south of 13th Street N, east of Hoover). (472- 82807/764472/490550) Streets will be closed. (Council approval date 8-12-97) (District V) AND Memory Lane to serve Eck 4th, Bratcher 2nd, Bob Carter, Donna's 3rd Additions & R. A. Morris Tracts (south of 13th St N, east of Hoover). (472- 82808/764480/490551) Streets will be closed. (Council approval date 8-12-97) (District V) AND Curtis Street to serve Eck 4th, Bratcher 2nd, Bob Carter, Donna's 3rd Additions & R. A. Morris Tracts (south of 13th St N, east of Hoover). (472-82809/764498/490552) Streets will be closed. (Council approval date 8-12-97) (District V) AND 11th Street to serve Eck Fourth, Bratcher Second, Bob Carater, Donna’s Third Additions and R.A. Morris Tracts (south of 13th St N, east of Hoover). (472-82810/764464)(Council approval date 8-12-97) (District V) Cornejo & Sons - $165,142.25 (Total Aggregate Bid) Water Distribution System to serve Turtle Run Third Addition - Phase Two (south of Pawnee, West of Webb). (448-89026/734418/470519) Does not affect existing traffic. (Council approval date 3-27-96) (District II) KC Excavating - $22,648.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 6 to 0. (Kamen absent) PUBLIC WORKS DEPARTMENT/FLEET AND BUILDINGS DIVISION: Hilltop Manor Horizon Gymnasium Asbestos Abatement (130807) Asbestos Removal and Maintenance - $3,500.00 (total net bid) Unit Pricing for Friable Asbestos (Regulated): Item 1a/per square foot - $14.00 Item 1b/per cubic foot - $30.00 Item 1c/per linear foot - $12.00 Unit Pricing for Non-Friable Asbestos: Item 2a/per square foot - $3.60 Item 2b/per cubic foot - $9.00 Item 2c/per linear foot - $2.80 WATER AND SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: Treatment of Liquid Non-Hazardous Waste (182311) Reddi Root’r of Wichita, Inc. - $ 0.389 (Item 1/Cost per Gallon) - $100.00 (Item 2/Cost per Load) BUS BARN SOURCE AREA SITE: Remedial Action Design Haz-Mat Response, Inc. - $143,482.50 (Total Base Bid Price) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 6 to 0. (Kamen absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES FOR ADULT ENTERTAINMENT ESTABLISHMENTS/SERVICES. Renewal 1998 Valerie Washington Xcitement Video 1306 East Harry Valerie Washington Xcitement Video 1515 South Oliver Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Kamen absent) APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1998 (Consumption on Premises) Yong C. Chon Manna Wok Restaurant* 4865 East Harry (Consumption off Premises) Hank A. Boswell Midway Oil #3 4001 South Seneca Wayne E. Anderson 21st & Ridge 66 #27754 7236 West 21st Wayne E. Anderson Williamsburg 66 #27216 1350 North Oliver New Operator 1998 (Consumption off Premises) Barbara F. Stull Agra-Mart, Inc. 336 South Greenwich *General/Restaurant -- 50% or more of gross receipts derived from sale of food. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Kamen absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Broadway Street Paving, Water Line and Sanitary Sewer (Broadway, Douglas to Central) (472-82181/448-88567/468-82689/706481/635391/621664/405202/544639/ 533- 277) Traffic to be maintained through construction. (Council approval date 12-3- 96) (District VI) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., June 26, 1998. Motion carried 6 to 0. (Kamen absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Lateral 9, Main 16, Southwest Interceptor Sewer to serve Horseshoe Lake 2nd Addition (north of 21st, west of Hoover). (468-82848/743559/480446) Does not affect existing traffic. (Council approval date 6-2-98) (District 5) b. Dora from the east line of Lot 14, Block 1, Lark 6th Addition, east to the east line of Cardington; May from the south line of Dora south and east to the north line of May Circle; Cardington from the north line of May Circle north to the south line of Dora; Dora Court from the south line of Dora south and west to and including the cul-de-sac; May Circle from the east line of May east to and including the cul-de-sac, and; Sidewalk be constructed on both side of Dora from the est line of Lot 14, block 1, Lark 4th Addition, east to the east line of Cardington, along the east and north side of May and the west side of Cardington to serve Lark 6th Addition (south of Kellogg, east of 119th St. West). (472- 82893/764829/490584) Does not affect existing traffic. (Council approval date 12-9-97) (District 5) c. Carr from the west line of Lot 19, Block 3, east to the est line of the plat; Carr Courts from the south line of Carr south to and including the cul-de- sac and from the north line of Carr north to and including the cul-de-sac, and; Sidewalk on both sides of Carr from the west line of Lot 19, Block E east to the east line of the plat to serve Lark 6th Addition (south of Kellogg, east of 119th St. West). (472-82894/764837/490585) Does not affect existing traffic. (Council approval date 12-9-97) (District 5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., June 26, 1998. Motion carried 6 to 0. (Kamen absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Main 2, Cowskin Interceptor Sewer to serve Auburn Hills Second, Third, Fourth and Fifth Additions Additions and Unplatted Tracts A, B, C, D, E, H, I, J, F & G (south of Maple, west of 119th Street West). (468-82838/743500/480-441) Does not affect existing traffic. (Council approval date 5-19-98) (District V) - $832,000 b. (Amended) Storm Water Drain #133 to serve Bradford North Addition (west of Tyler, south of 29th Street North). (468-82780/751099/485-144) Does not affect existing traffic. (Council approval date 12-16-97) (District V) - $173,000 c. (Amended) Keith from the south line of Lot 42, Block 1, north to the south line of 29th Street North; and on Brookridge from the south corner of Lot 3, Block 2, north to the west line of Keith; and on Wedgewood from the east line of Keith, east to the northeast corner of Lot 41, Block 3; Keith Courts adjacent to Lots 35 through 42, Block 1, Lots 45 through 51, Block 3, Lots 1 through 8, Block 4 on Wedgewood Court adjacent to Lots 9 through 15, Block 4 on Brookridge Court adjacent to Lots 30 through 33, Block 1 on Brookridge court adjacent to Lots 11 through 24, Block 1; On Brookridge Court adjacent to Lots 1 through 7, Block 1 of said addition. Sidewalk to be installed along one side of Keith along the east line of Reserve A, along the west line of Reserve C, along one side of Wedgewood, along one side of Brookridge, and within Reserve D(west of Tyler, south of 29th Street North) Bradford North Addition. (472- 82681/764605/490-563) Does not affect existing traffic. (Council approval date 2-13-96) (District V) - $742,200 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Kamen absent) BRENTWOOD VILLAGE PETITIONS FOR PAVING AND WATER DISTRIBUTION SYSTEMS TO SERVE PART OF BRENTWOOD VILLAGE ADDITION SOUTH OF HARRY, EAST OF WEBB ROAD). (District II) Agenda Report No. 98-528. The Petitions have been signed by one owner representing 100% of the property in the improvement districts. The projects will serve a new development of single-family homes. The Petitions total $153,000. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-239 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89258 (south of Harry, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-98-240 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Nuamber 448-89250 (south of Harry, east of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight RESOLUTIONNO. R-98-241 Resolution of findings of advisability and Resolution authorizing paving of Hoyt Circle, from the south line of Bluestem to and including cul-de-sac; and Fox Run Circle, from the south line of Bluestem to and including cul-de-sac (south of Harry, east of Webb) (Project No. 472-82941) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight BOARDS MINUTES MINUTES OF ADVISORY BOARDS. CPO Southeast Council 3, 5-28-98 Board of Housing Commissioners, 4-2-98 Board of Park Commissioners, 4-20-98 Civil Rights & Services Board, 5-18-98 Commission on the Status of Women, 5-6-98 Metropolitan Area Planning Commission, 5-14-98 Public Art Advisory Board, 5-14-98 Sister Cities Advisory Board, 5-1-98 Alcohol and Drug Abuse Advisory Board, 5-14-98 Airport Authority, 5-18-98 Board of Health, 5-7-98 Board of Health, 5-14-98 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Kamen absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. DESIGN AUBURN HILLS DESIGN SERVICES FOR AUBURN HILLS GOLF COURSE (NORTH OF KELLOGG, WEST OF 119TH STREET WEST). (District V) Agenda Report No. 98-529. On July 1, 1997, the City Council approved a project for the construction of Auburn Hills Golf Course. Baughman Company, P.A. is doing the platting and engineering for the Auburn Hills Development, therefore, they can expedite survey and support services for the golf course. Administrative Regulation 7a allows for the selection of Baughman Company, P.A. under these conditions. The project consists of the development of a 149 acre, 18 hole golf course complex with clubhouse and maintenance facilities located near Kellogg and 135th Street West, and conforms to the Comprehensive Plan and Strategic Agenda by preserving existing park and expanding recreational opportunities. Baughman's contract provides for the survey of the golf course boundary, corridor, right-of-ways and easements of record; engineering design and construction documents for the golf course tunnel, storm sewers, and the dam structures as necessary for the golf course project; governmental permits and applications for approval as may be necessary for all local, state, or federal agencies; wetlands delineation investigation, report, mitigation plan and the necessary approvals from the Corps of Engineers for the wetlands areas within the golf course project; coordination with the State Historic Preservation Organization; and coordination with the designers of the golf course and clubhouse. Payment to Baughman Company, P.A. will be made on a lump sum basis of $53,500.00. The funding source is the issuance of General Obligation Bonds to be paid by Golf Course Revenues, special assessments and Ad Valorem Taxes. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Kamen absent) EAST BANK REIMBURSEMENT REIMBURSE EAST BANK HOTEL ASSOCIATES FOR COST OF SEWER LIFT STATION. Agenda Report No. 98-530. In December 1995, the City Council approved various agreements, including a Master Development Agreement, with the East Bank Hotel Associates, L.L.C., providing for the development and operation of the 300-room Hyatt Regency Hotel. The Master Development Agreement set forth the responsibilities and obligations of the parties with respect to the work to be done and the funding thereof. The City's responsibilities and funding obligations included, inter alia, the extension of utilities to the project site. During the course of the construction project, it became necessary to retrofit the sewer line to the site with a lift station. The proposed reimbursement agreement will allow the City to pay for the cost of the lift station. The agreements for the development of the Hyatt Regency Hotel required the City to provide sewer and water to within 5 feet of the building, at its sole cost which is in addition to the contribution made by the City toward the construction of the Hotel. The gravity flow sanitary sewer in this area was not deep enough to pick up the flow from the lower health club area of the hotel. A lift station was required to be constructed to fulfill the agreements. Arrangements have been made for this lift station to be maintained by the Hyatt. The Agreement allows the City to pay for the work involved in constructing the lift station, which was performed by a subcontractor who has not yet been paid. The City will pay EBHA, with whom it has the development agreement. EBHA will pay the contractor who did the work. The $15,448 cost of constructing the lift station will be paid from the City's Sewer Utility Fund. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Kamen absent) CDBG CONTRACT CDBG CONTRACT-CATHOLIC CHARITIES - HARBOR HOUSE. Agenda Report No. 98-531. On March 17, 1998, the City Council allocated Community Development Block Grant (CDBG) funds for the 1998/1999 program year. Included were funds awarded subsequent to solicitation of proposals for women's shelter services. The contract with Catholic Charities for Harbor House provides operating assistance for a shelter for victims of domestic violence. The contract term is twelve months beginning July 1, 1998 and ending June 30, 1999. The contract amount for Harbor House is $55,000. Motion -- Knight moved that the Contract be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Kamen absent) 13TH AND WACO AUTHORITY TO AWARD CONTRACT - COMMITMENT OF CITY FUNDS FOR INTERSECTION IMPROVEMENTS AT 13TH STREET AND WACO. (District VI) Agenda Report No. 98-532. An Authorization Document between the City and Kansas Department of Transportation (KDOT) has been prepared. On June 3, 1997, the City Council approved an agreement with KDOT for KDOT to administer the project and provide 90 percent federal funding. On February 24, 1998, the City Council approved the project for construction. The project is a part of the 1998 Capital Improvement Program (CIP No. MS-412). An Agreement between the City and KDOT for construction engineering services has been prepared. The project consists of installing left-turn lanes, upgrading traffic signals and landscaping the intersection at 13th and Waco. Bids for construction of the improvements were received on May 20, 1998. Cornejo & Sons, Inc. submitted the low bid of $598,805.05. In accordance with the Agreement entered into by the City and KDOT, the City's share of the cost is $76,733.64 and will be paid by General Obligation Bonds. KDOT will reimburse the City for 90 percent of the cost for construction engineering services which has an upper limit of $45,732.91. Motion -- Knight moved that award of the construction contract and payment of the city’s share of costs be authorized; and the Agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 6 to 0. (Kamen absent) ICE RINK JUDGMENT PAYMENT OF JUDGMENT - ICE RINK PROPERTY. Agenda Report No. 98-495. In 1997 R.E.M. Properties, the owner of two lots along Sycamore Street which were needed for the construction of the Ice Rink, sued the City in inverse condemnation in order to obtain a determination of the fair market value of its property. This case was tried to a jury in late May and a verdict was returned establishing the value at $119,070. The City has taken possession of the subject property and the Ice Rink project has been completed. The City must pay the judgment. The amount of the judgment bears interest from the date the City took possession in March 1996. This judgment will be paid from the Tort Management fund. This judgment must be paid by the City as soon as the Order of Judgment is signed by the parties and the court. Motion -- carried Knight moved that payment be authorized. Motion carried 6 to 0. (Kamen absent) LAWSUIT SETTLEMENT PAYMENT FOR SETTLEMENT OF LAWSUIT-MOULOS, ADMINISTRATOR VERSUS MARTINEZ, ET AL. Agenda Report No. 98-533. On February 6, 1995, police officers arrested the plaintiff’s decedent at her apartment. While handcuffed, she stopped breathing and was taken to the hospital where she was pronounced dead. Her Estate and heir brought a law suit against the officers and the City, alleging that the officers had acted improperly and that damages were incurred as a result of the death. The plaintiff has offered to accept a lump sum payment of $25,000.00 as full settlement of all his claims against the police officers and the City. Because of the uncertainty and risk that the judgment at trial could exceed this amount, the Law Department recommends acceptance of the offer. The settlement of this suit does not constitute an admission of liability on the part of the City or the officers. Rather, it is merely a settlement to resolve a long disputed claim. Funding for this settlement payment is from the City's tort claims fund. Motion -- carried Knight moved that the settlement be approved. Motion carried 6 to 0. (Kamen absent) LAWSUIT SETTLEMENT SETTLEMENT OF LAWSUIT - MAUCK. Addendum item 20a Agenda Report. Raydean Mauck, a former City employee, alleged that he was discriminated against as a result of his age and disability. After investigating the claim asserted in the lawsuit, evaluating the extent of the claimed damages, and considering the risks of trial, the City determined that a resolution of this matter was appropriate. After some discussion, the City has been offered an opportunity to resolve the dispute with a lump sum payment of $33,000 as full settlement of all claims arising out the employment of the plaintiff in the lawsuit. Because of the risks associated with litigation, the Law Department recommends acceptance of the offer. Funding for this settlement payment is from the City's Tort Liability Fund. Motion -- carried Knight moved that the settlement be approved. Motion carried 6 to 0. (Kamen absent) IRB - WICHITA TOOL IRB PURCHASE OPTION-WICHITA TOOL COMPANY INC. (District IV) Agenda Report No. 98-534. On September 10, 1991, the Wichita City Council approved the issuance of $1,600,000 in Industrial Revenue Bonds, Series IV, 1991, to finance acquiring, constructing, remodeling, and equipping a building for use as a manufacturing facility leased to and operated by Wichita Tool Company Inc., located at 2100 South West Street. Wichita Tool Company has notified the City that they wish to exercise the purchase option under the bond issue. Under the provisions of Sections 17.1 and 17.2 of the Lease Agreement for the Series VI, 1991 Bonds, Wichita Tool Company, the Tenant, has the option to purchase the facility from the City of Wichita for the sum of $100 once all outstanding bonds have been paid. Wichita Tool Company is selling all bond financed property to a third party. The closing for the sale is scheduled for June 19, 1998. Cash for the remaining balance of outstanding IRBs, plus accrued interest, will be paid to the Trustee, Commerce Bank, at the real estate closing. At the same time, upon receipt by the City of Trustee certification that the bonds have been paid and receipt of $100 from Wichita Tool Company, the City will deliver the instruments needed to deed the bond financed property back to Wichita Tool Company and terminate the IRB lease. The purchase price is $100 and other considerations as listed under the provision of the Lease Agreement including all payments necessary to redeem and retire all outstanding bonds. This price includes without limitations, the payment of all outstanding principal, interest, and all other expenses of redemption, and trustee fees, after the deduction of any amounts provided for in the Lease Agreement and available for such redemption. The City is contractually bound to convey the IRB Project property to the Tenant by special warranty deed, once all the conditions established in the Lease have been met. The City Attorney's Office has approved the form of the attached Resolution, Special Warranty Deed, Bill of Sale, Termination of Lease and Termination of Financing Statements (each in substantially the form attached to the Resolution, with possible corrections in the legal description). Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight mov that the Resolution be adopted and the Mayor be authorized to sign the -- carried necessary documents. Motion carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-242 A Resolution of the City of Wichita, Kansas, authorizing the early redemption of certain of the City’s outstanding industrial revenue bonds and authorizing the City to convey title to the project; authorizing execution of a special warranty deed, bill of sale, and termination and release of lease; and authorizing the execution o all such other documents necessary to convey title to such property to Wichita Tool Company, Inc., presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight CHENEY WATERSHED CHENEY WATERSHED SATELLITE MODELING PROJECT. (All Districts) Agenda Report No. 98-535. Cheney Reservoir is one of Wichita's major sources of water, providing approximately 60% of the City’s annual water supply. It is expected that Cheney will provide an even larger portion of Wichita's water supply needs in the future. On August 24, 1993, the City Council approved a watershed improvement grant request with the U.S. Environmental Protection Agency. The Council also approved sharing a part of the cost necessary to allow landowners to implement "best management practices" in the watershed. One of the important tools used to assess the impact of various farming practices on water quality is a computer model of the watershed. The development of a computer model, using a software program called AGNPS (Agricultural Non-Point Source), was one of the first steps in the development of a management plan for the watershed. Kansas State University is developing a new technology that can take information from satellite imaging, called LandSat imagery, and integrate it into the AGNPS model. If this technology is successful, it can be very helpful in updating the computer model and in calibrating results. The project that Kansas State is proposing will take two years and have a total cost of $60,000. The costs will be split between the State Water Office, the Cheney Watershed Citizens Management Committee, and the City of Wichita. The first year of the project will cost $24,000, with the City contributing $14,000 and the Cheney Watershed Citizens Management Committee contributing $10,000 (using funds from a Federal Grant). The Kansas Water Office will contribute $36,000 for the second year of the project. This project represents the type of partnerships that have been encouraged. The total cost of the project will be $60,000, with the City’s share anticipated to be $14,000. The Capital Improvement Program (CIP #W-500, Cheney Watershed Protection Program) has a total of $200,000 in 1998. Motion -- Knight moved that participation in the Project be approved. Motion carried -- carried 6 to 0. (Kamen absent) IRB - RITCHIE CONSENT TO TRANSFER OF SUBORDINATED EQUITABLE INTEREST; BUILDING 500 TALLGRASS EXECUTIVE PARK; SERIES II, 1996 (RITCHIE ENTERPRISES). (District II) Agenda Report No. 98-536. In 1985, the Wichita City Council approved the issuance of $1,000,000 in Industrial Revenue Bonds, Series XIV, 1985 to finance improvements at Tallgrass Executive Park on behalf of Ritchie Enterprises (the "Tenant"), and related entities. The building known as "Building 500 Tallgrass Executive Park" was part of the project financed by and pledged to the bonds. In 1995, a company called "SF Hotel Company, L.P." requested consent to enter into an installment contract to pay for Building 500 over a period of years, then receive title after the bonds are paid off and the City has deeded the property back to the Tenant. Under the bond documents, the City's consent was required for many types of transfers or assignments by the IRB Tenant of its interests in the property. Because the arrangement proposed by SF Hotel Company, L.P. effectively gave SF Hotel Company, L.P. an equitable interest in Building 500, SF Hotel Company asked the City to consent to the proposed arrangement, and the City Council did so on October 31, 1995. In 1996, the original bond issue was refunded, but with a proviso (implemented by a recorded subordination agreement) that the hotel company's equitable interest under the purchase contract must remain junior to the IRB Lease and the Indenture executed in the course of the refunding. Accordingly, it remains the case that the hotel company (or a successor to its interest in the installment contract) will not be able to receive title until the refunding bonds are all paid. The hotel company has now approached the City with a request that the City consent to a transfer of the hotel company's interest in the property, to another entity known as "Summerfield Associates, L.P.". The proposed transfer will not impair bondholders' security nor in any way alter the subordination of the installment contract or the obligations of Ritchie Enterprises with respect to payment of the principal and interest on the Series II 1996 bonds. Payments under the installment contract will be held in escrow, so that, if it becomes necessary, they can be applied to pay the bonds in order to discharge the lien of the Indenture. As of September 1, 2000, the escrowed proceeds should be sufficient to pay off the bonds if the IRB Tenant cannot. So far as we are aware, there is no proposal to change the existing (i.e., office building) use of the property, and the City's consent does not extend to any change in use. The proposed arrangement will be without financial cost to the City. Motion -- Knight moved that the Resolution be adopted and the Mayor be authorized to sign -- carried the necessary documents. Motion carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-244 A Resolution consenting to transfer of a junior equitable interest in certain industrial revenue bond indenture property financed with proceeds of industrial revenue bonds, Series II, 1996, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. PROPERTY DISPOSITION SALE OF SURPLUS PROPERTY LOCATED NEAR 4100 SOUTH GOLD. (District IV) Agenda Report No. 98-537. On June 30, 1970, the City of Wichita acquired a 100 foot wide strip of abandoned railroad right-of-way via condemnation for transportation and drainage purposes. Part of this right-of -way abuts the west side of property owned by the Boeing Employees Association (BEA) south of the end of Gold Street in approximately the 4100 block South. The corridor has never been developed. BEA has utilized the adjacent property under a Minor Street Privilege for several years. The BEA property contains a large lake. The BEA would like to develop the lake shore with permanent structures such as docks and shelter houses. To accomplish this, they have requested that the City sell part of the corridor to them. The Park Department and Park Board have reviewed the proposal and feel that any future City needs can be met with the west 40 feet of the tract, allowing BEA to purchase the east 60 feet. Due to the nature of the original acquisition, if the City releases the property, it must be offered back to the original owner or his successors. In this case, the original owner is the adjacent owner on the west, the Ritchie Company. The Ritchie Company has agreed to quit claim their rights to the tract pending vacation of an easement on their property. Due to the configuration and location of the property, the only viable purchaser is one of the adjacent owners. Ritchie has acquiesced to the sale to BEA. BEA is offering $5,200 for the tract. The tract is approximately 1,310 feet by 60 feet or 78,600 square feet. This purchase price equates to $.066 per square foot. This price is comparable to values received for other nondevelopable, landlocked remnants. The City will receive cash consideration of $5,200 for the sale of the property. Motion -- Knight moved that sale of the property and the contract be approved, and the -- carried Mayor be authorized to sign the necessary document. Motion carried 6 to 0. (Kamen absent) PROPERTY DISPOSITION SALE OF A PORTION OF VACATED DELLROSE. (District II) Agenda Report No. 98-538. The east 20 feet of the parcel adjacent to the remainder of the city’s ownership is encumbered by utility easements and is not buildable. To provide access to the property at 439 South Dellrose, Bruce Kouba, has offered $1,000 for the property. Mr. Kouba intends to combine the sale parcel with the land from the vacation that cedes to him and construct a detached garage to help buffer his property from Kellogg. The offer equates to $.32/gross square foot or $1.53 per square foot for the unencumbered 615 square feet. Motion -- Knight moved that sale of the property and the contract be approved, and the -- carried Mayor be authorized to sign the necessary document. Motion carried 6 to 0. (Kamen absent) ORDINANCES SECOND READING ORDINANCE. (First Read June 9, 1998) a. Amendments to the Neighborhood Court Ordinance. ORDINANCE NO. 43-905 An Ordinance amending Section 1.04.150 of the Code of the City of Wichita, Kansas, pertaining to the Neighborhood Municipal Court Judge, and repealing the original of Said Section read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 35 through 39 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 35 through 39 be approved as consensus Items. Motion carried 6 to 0. (Kamen absent) V-2067 PUBLIC HEARING V-2067 - REQUEST TO VACATE DRAINAGE EASEMENT LOCATED IN AN AREA NORTHEAST OF 21ST STREET NORTH AND TALLGRASS. (District II) Agenda Report No. 98-539. MAPC Recommendation: Approve vacation of drainage easement. Staff Recommendation: Approve vacation of drainage easement. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight 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 6 to 0. (Kamen absent) V-2071 PUBLIC HEARING V-2071 - REQUEST TO VACATE COMPLETE ACCESS CONTROL LOCATED IN AN AREA ON THE EAST SIDE OF RIDGE ROAD AND NORTH OF SILVER SPRINGS BOULEVARD, APPROXIMATELY 1/2 MILE NORTH OF CENTRAL. (District V) Agenda Report No. 98-540. MAPC Recommendation: Approve vacation of a controlled access easement. Staff Recommendation: Approve vacation of a controlled access easement. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight 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 6 to 0. (Kamen absent) V-2082 PUBLIC HEARING V-2082 - REQUEST TO VACATE A PORTION OF MERTON AVENUE LOCATED IN AN AREA SOUTH OF HARRY STREET AND WEST OF SHERIDAN AVENUE. (District IV) Agenda Report No. 98-541. MAPC Recommendation. Approve vacation of portion of Merton Avenue. Staff Recommendation: Approve vacation of a portion of Merton Avenue. The applicant proposes to vacate a portion of Merton Street between Leonine Avenue and All Hallows Avenue and a portion of Merton Street between All Hallows Avenue and Sheridan Avenue. The property north of Merton Avenue is being replatted as WSM Properties Addition and is intended to be developed industrially. It was originally platted into several small lots and the new plat is a single, large lot. Merton Avenue, as originally platted, was a very small, local roadway (only 30 feet of right-of-way) and it has never been constructed. The intent is to use the land area of the Merton Avenue in the overall development of the land to the north, with the right-of-way being retained as a utility and drainage easement. The vacation is also supported by the owners of the property to the south of Merton Avenue. The Metropolitan Area Planning Commission approved the Subdivision Committee recommendation that the vacation petition be approved as requested subject to the following: A. Retain the vacated property as a drainage and utility easement. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. No members of the public spoke in opposition to this request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight 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 6 to 0. (Kamen absent) V-2084 PUBLIC HEARING V-2084 - REQUEST TO VACATE A PORTION OF A FLOOD CONTROL EASEMENT LOCATED IN AN AREA NORTH OF CENTRAL AVENUE AND EAST OF RIDGE ROAD ALONG THE EAST SIDE OF SILVER SPRINGS BOULEVARD. (District V) Agenda Report No. 98-542. MAPC Recommendation: Approve vacation of a portion of a flood control easement. Staff Recommendation: Approve vacation of a portion of a flood control The applicant is proposing to vacate a portion of a Flood Control Easement in the Silver Springs Addition in order to accommodate the construction of the parking area for the new apartment complex proposed for the site. The applicant has submitted an easement agreement that stipulates, among other site improvements to be made, an access easement across the apartment property for accessibility to the flood control structures. This project is the next phase of the development of DP-26, now known as Crown Chase. It is the same general property that involved the recent vacation of access controls along Ridge Road. This vacation, along with the previous vacation and other requests of the applicant with respect to this project, will require several adjustments to the CUP, which must also be completed before the project proceeds further. The Subdivision Committee and MAPC recommended approval of the vacation subject to the following: A. The applicant provide an access easement to the City as stipulated in the Easement Agreement with the City as negotiated by the Storm Water Management Division of the Public Works Department. B. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Easement Agreement. Motion -- Knight moved that the public hearing be closed, the vacation and easement be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the easement be recorded with the Register of -- carried Deeds. Motion carried 6 to 0. (Kamen absent) V-2085 PUBLIC HEARING V-2085 - REQUEST TO VACATE A BUILDING SETBACK LOCATED IN AN AREA NORTH OF 13TH AND EAST OF ST. PAUL. (District V) Agenda Report No. 98-543. MAPC Recommendation: Approve vacation of building setback. Staff Recommendation: Approve vacation of building setback. The applicant is seeking the vacation of a portion of the platted building setback line to allow for the placement of an ATM. The Metropolitan Area Planning Commission approved the Subdivision Committee recommendation that the vacation petition be approved as requested subject to the following: A. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight 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 6 to 0. (Kamen absent) V-2086 PUBLIC HEARING V-2086 - REQUEST TO VACATE A 10-FOOT WATER LINE EASEMENT AND A 30-FOOT ACCESS EASEMENT, LOCATED IN AN AREA NORTH OF 43RD STREET SOUTH AND GOLD STREET. (District IV) Agenda Report No. 98-544. MAPC Recommendation: Approve vacation of a 10-foot water line easement and a 30-foot access easement. Staff Recommendation: Approve vacation of a 10-foot water line easement and a 30-foot access easement. The applicant is proposing to vacate a 10-foot water line easement and a 30-foot access easement on Lots 4 and 5, MacArthur Beach Addition (CUP 72). These two lots are currently vacant. A 100- foot strip of land separates these two lots from the Boeing Employees Association (BEA) property located east of the 100- foot strip. The 100-foot strip of land was once a railroad and is now owned by the City of Wichita. The BEA presently leases this land from the City as access to its property. The City of Wichita has proposed to sell all of this 100-foot strip of land to the BEA. The applicant has agreed to allow the sale if the west 40 feet of the 100 foot strip will be used as a water line easement and an access, fire lane and drainage ditch maintenance easement and the easements on his property are vacated. The dedication of the 40 feet of the 100-foot strip of land for these easement purposes will be included with the expected sale of the 100-foot strip to the BEA. The Metropolitan Area Planning Commission approved the Subdivision Committee recommendation that the vacation petition be approved as requested subject to the following: A. The applicant or the agent for the City of Wichita shall dedicate substitute easements for utilities, access, fire lane and drainage purposes on the west 40 feet of the 100-foot strip of condemned railroad right-of-way, just east of Lots 4 and 5, MacArthur Beach Addition. B. The applicant shall be responsible for any relocation or reconstruction of utilities made necessary by this vacation. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight 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 6 to 0. (Kamen absent) V-2088 PUBLIC HEARING V-2088 - REQUEST TO VACATE A PORTION OF A PLATTED BUILDING SETBACK LOCATED IN AN AREA SOUTH OF KELLOGG, 1/2 MILE EAST OF WEBB ROAD. (District II) Agenda Report No. 98-545. MAPC Recommendation: Approve vacation of a portion of a platted building setback. Staff Recommendation: Approve vacation of a portion of a platted building setback. The applicant is proposing to vacate a portion of the platted building setback in order to reduce the setback on this property. The new setback line will be consistent with the setback line established in the E.M. Stevens 4th Addition immediately west of the property. The setback line on this property was established at a time when the alignment of Kellogg and Kellogg Drive was not as well known. The applicant will be providing a dedication of additional right-of-way for the Kellogg frontage as a condition of the approval of this vacation. The Metropolitan Area Planning Commission approved the Subdivision Committee recommendation that the vacation petition be approved as requested subject to the following: A. The executed dedication document for additional right-of-way for Kellogg be provided prior to submission of this vacation petition to the Governing Body. B. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Dedication of additional Right-of-Way. Motion -- Knight moved that the public hearing be closed, the vacation and dedication be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the Dedication be recorded with the Register of -- carried Deeds. Motion carried 6 to 0. (Kamen absent) V-2089 PUBLIC HEARING V-2089 - REQUEST TO VACATE UTILITY EASEMENT LOCATED IN AN AREA NORTH OF REFLECTION ROAD AND EAST OF LAKE RIDGE, GENERALLY EAST OF TYLER ROAD AND NORTH OF 21ST STREET NORTH. (District V) Agenda Report No. 98-546. MAPC Recommendation: Approve vacation of utility easement. Staff Recommendation: Approve vacation of utility easement. The applicant is proposing to vacate the unused utility easement along the rear property line in order to accommodate the construction of a swimming pool that would encroach into the easement. The reserve for the golf course is adjacent to the rear property line and the utilities that are behind the lots are in the reserve. Sanitary sewers are in the front of the lots in this area. The Metropolitan Area Planning Commission approved the Subdivision Committee recommendation that the vacation petition be approved as requested subject to the following: A. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight 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 6 to 0. (Kamen absent) S/D 97-100 S/D 97-100 - PLAT OF DEERGLEN OFFICE PARK ADDITION LOCATED ON THE NORTH SIDE OF (Item No. 35) CENTRAL, WEST OF 119TH STREET WEST. (District V) Agenda Report No. 98-547. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. A zone change (Z-3253) from SF-6, Single-Family Residential to NO, Neighborhood Office has been approved for this site subject to platting. A petition, 100%, has been submitted for sanitary sewer improvements. A Certificate of Petition has also been submitted. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petition. 100 Percent Petition for construction of Lateral 402, Southwest Interceptor Sewer (north of Central, west of 119th Street West) Project No. 468-82854 ($15,500 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the zoning Ordinance Z-3253 be placed on first reading publication of the ordinance withheld until such time as the plat is recorded with the Register of Deeds. Motion -- carried carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-245 Resolution of findings of advisability and Resolution authorizing construction of Lateral 402, Southwest Interceptor Sewer (north of Central, west of 119th Street West) Project No. 468-82854 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3253 S/D 98-6 S/D 98-6 - PLAT OF J. W. RUSSELL 2ND ADDITION LOCATED ON THE WEST SIDE OF TYLER (Item No. 36) ROAD, NORTH OF HARRY. (District V) Agenda Report No. 98-548. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This 8-lot site is zoned LI, Limited Industrial. Petitions, 100%, have been submitted for sanitary sewer, water and paving improvements. A Certificate of Petition has also been submitted. The site is within the noise impact area of Wichita Mid-Continent Airport and an avigational easement and restrictive covenant were required. As required by the drainage plan for this site, an off- site drainage easement has been obtained by the applicant. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petitions, Easements, and Restrictive Covenants. 100 Percent petition for construction of Water Distribution System Number 448- 89273 (west of Tyler, north of Harry) ($47,000 S.A.) 100 Percent Petition for construction of Lateral 3, Main 8, Southwest Interceptor Sewer (west of Tyler, north of Harry) Project No. 468-82844 ($41,000 S.A.) 100 Percent Petition for improving of deceleration Lane on the west side of Tyler Road to serve Lots 1 through 8, Project No. 472-82948 (west of Tyler, north of Harry) ($19,000 S.A.) 100 Percent Petition for improving of Monroe Circle from the west line of Tyler road, west to and including the cul-de-sac, Project No. 472-89252 (west of Tyler, north of Harry) ($199,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-246 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89273 (west of Tyler, north of Harry) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-98-247 Resolution of findings of advisability and Resolution authorizing construction of Lateral 3, Main 8, Southwest Interceptor Sewer (west of Tyler, north of Harry) Project No. 468-82844 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-98-248 Resolution of findings of advisability and Resolution authorizing improving of deceleration Lane on the west side of Tyler Road to serve Lots 1 through 8, Project No. 472-82948 (west of Tyler, north of Harry) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-98-249 Resolution of findings of advisability and Resolution authorizing construction of improving of Monroe Circle from the west line of Tyler road, west to and including the cul-de-sac, Project No. 472-89252 (west of Tyler, north of Harry) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. S/D 98-18 S/D 98-18 - PLAT OF BUCKHEAD 3RD ADDITION LOCATED ON THE NORTH SIDE OF CENTRAL, WEST OF 119TH STREET WEST. (District V) Agenda Report No. 98-549. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This 70-lot site is zoned SF-6, Single-Family Residential and will be served by City water and sanitary sewer. Petitions, 100%, have been submitted for sanitary sewer, water and pavement improvements. A Certificate of Petitions has also been submitted. To provide for off-street parking for lots adjacent to narrow streets, a covenant has been submitted requiring that four off-street spaces be provided for each such lot. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petitions and Restrictive Covenant. 100 Percent Petition for construction of Water Distribution System Number 448- 89279 (north of Central, west of 119th Street West) ($101,000 w/95.09 percent SA; $4.91 percent Water Utility Improvement Funds) 100 Percent Petition for construction of Water Distribution System Number 448- 89280 (north of Central, west of 119th Street West) ($72,000 w/96.11 Percent S.A., and 3.89 percent Water Utility Improvement Funds) 100 Percent Petition for construction of Lateral 4, Main 18, southwest Interceptor Sewer (north of Central, west of 119th Street West) Project No. 468- 82845 ($172,000 S.A.) 100 Percent Petition for improving of Hickory, Birch, Azure, Azure Circles, and Sidewalk Project No. 472-82946 (north of Central, west of 119th Street West) ($456,000 S.A.) 100 Percent Petition for improving of Hickory, Birch, Firefly, Firefly Circle, and sidewalk Project No. 472-82947 (north of Central, west of 119th Street West) ($235,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-250 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89279 (north of Central, west of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-98-251 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89280 (north of Central, west of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-98-252 Resolution of findings of advisability and Resolution authorizing construction of Lateral 4, Main 18, southwest Interceptor Sewer (north of Central, west of 119th Street West) Project No. 468-82845 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-98-253 Resolution of findings of advisability and Resolution authorizing improving of Hickory from the east line of the plat, west to the west line of Azure Circle; Birch from the south line of Hickory, south and west to the west line of Lot 8, Block C; Azure from the south line of Birch, south to the south line of the plat; Azure circles serving Lots 15 through 22, Block C (from the south line of Hickory, south to and including the cul-de-sac), and Lots 12 through 29, Block D (from the north line of Hickory, north to and including the cul-de-sac), and; sidewalk along the north and south side of Hickory, and along the east and south side of Birch, and along the east side of Azure, Project No. 472-82946 (north of Central, west of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-92-254 Resolution of findings of advisability and Resolution authorizing improving of Hickory from the west line of Azure Circle, west to the west line of the plat; Birch from the west line of Lot 8, Block C, to the west line of Firefly; Firefly from the south line of Birch, north to the south line of Hickory; Firefly Circle from the north line of Hickory, north to and including the cul- de-sac, and; sidewalk along the north and south side of Hickory, and along the south side of Birch, and along the west side of Firefly, Project No. 472-82947 (north of Central, west of 119th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. S/D 98-24 S/D 98-24 - PLAT OF WILSON RETIREMENT ADDITION LOCATED ON THE SOUTH SIDE OF 21ST STREET NORTH, WEST OF WEBB ROAD. (District II) Agenda Report No. 98-550. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. A zone change (Z-3178) from SF-6, Single-Family to B, Multi-Family has been approved for this site. The site is also subject to the Wilson Estates Residential Community Unit Plan, (DP-201 Amendment No. 1). Petitions, 100%, have been submitted for sanitary sewer and water improvement . A Certificate of Petitions has also been submitted. As required by the drainage plan, an off-site drainage easement has been submitted. A Community Unit Plan (CUP) Certificate has been provided identifying the approved CUP. The site is within the noise impact area of McConnell Air Force Base and an avigational easement and restrictive noise covenant were required. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Drainage Easement, CUP Certificate, Avigational Easement, and Noise Covenant. 100 Percent Petition for construction of Water Distribution System Number 448- 89282 (south of 21st, west of Webb) $12,500 S.A. 100 Percent Petition for construction of Lateral 75, Main 22, War Industries Sewer (south of 21st, West of Webb) Project No. 468-82855 ($49,200 S.A.) 100 Percent Petition for construction of Lateral 76, Main 22, War Industries Sewer (south of 21st, west of Webb) Project No. 468-82856 Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the zoning Ordinance Z-3178 be placed on first reading publication of the ordinance withheld until such time as the plat is recorded with the Register of Deeds. Motion -- carried carried 6 to 0. (Kamen absent) RESOLUTION NO. R-98-255 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89282 (south of 21st, west of Webb) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-98-256 Resolution of findings of advisability and Resolution authorizing construction of Lateral 75, Main 22, War Industries Sewer (south of 21st, West of Webb) Project No. 468-82855 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. RESOLUTION NO. R-98-257 Resolution of findings of advisability and Resolution authorizing construction of Lateral 76, Main 22, War Industries Sewer (south of 21st, west of Webb) Project No. 468-82856 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Kamen absent) Yeas: Cole, Ferris, Gale, Lambke, Rogers, Knight. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3178 A 98-15 A98-15 - REQUEST TO ANNEX PROPERTY GENERALLY LOCATED ½ MILE SOUTH OF 21ST STREET NORTH ON THE WEST SIDE OF MAIZE ROAD. (District V) Agenda Report No. 98-551. This property lies south of 21ST Street North on the west side of Maize Road. Mr. Wren requests annexation of approximately 14 acres of undeveloped land that is currently in the process of being platted. Westlink Christian Church is planning to build a new church on the land to be annexed. The proposed annexation site is undeveloped and zoned "SF-20" which will be converted to "SF-6" Single Family upon annexation. The land directly to the north, Hedgeapple Addition, is in the City and zoned "SF-6" Single Family. The land to the west, Timber Ridge Addition, is in the city and zoned "SF-6" Single Family. The land to the east, Stone Gate Estates Addition, is in the city and zoned "SF-6" Single Family. A substantial portion of the land proposed to be annexed abuts a piece of land to the south remaining in the county that was granted a conditional use within the "SF-20" Residential District zoning for the construction of a metal agricultural storage building to be used for the storage of alfalfa, hay, farm equipment and non-agricultural machinery including trucks, tractors and earth-working equipment. An additional, yet smaller piece of land which also abuts the land proposed to be annexed on the south, was recently annexed and rezoned from "SF-20" Residential District to "NO" Neighborhood Office District by the County Commission and is currently being platted. The land further south, Windwood Addition, is zoned "SF-6 Single Family. The general character of surrounding area is residential, single family development. The City Engineer's office indicates that there are 12 inch water mains south and west of the site and a 16" water main in place along Maize Road. In addition, there is a 10 inch sewer main located on the west side of the site. Water and sewer service is available for extension. The property has access to Maize Road, a 4-lane arterial, with existing traffic volume of approximately 5,071 average daily trips (ADT) ½ mile south of 21st Street North. An improvement project to widen Maize Road between 13th Street North and 21st Street North to four lanes was completed in August of 1997. The 2020 Transportation Plan projects traffic along Maize Road to increase to approximately 11, 040 ADT for this segment. There are no plans to further improve this segment of Maize Road. The Wichita Fire Department can serve this site with a five (5) minute approximate response time from Station #16 located at 1632 North Tyler Road. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department, headquartered at 661 North Elder (Elder and West Central). The property is located in Unified School District 266 (Maize School District). Annexation will not change the school district. This property is located inside of the urban growth area of the City of Wichita as shown in the Comprehensive Plan for the metropolitan area, and is also located inside of the Policy 32 urban service area. The property proposed for annexation is exempt from property tax obligation and therefore will not produce any immediate tax revenue for the City of Wichita. The annexation will not be bringing in any existing development nor any additional population or structures. Westlink Christian Church is planning to build a $3,000,000 church on the property. The property is eligible for annexation under K.S.A. 12-520 (7). Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A 98-15 EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to legal advice and contract negotiations and the regular meeting be resumed no sooner than 10:40 a.m. in the City Council Chambers. -- carried Motion carried 6 to 0. (Kamen absent) RECESS Council recessed at 9:40 a.m. and reconvened in regular session at 11:01 a.m. Motion -- Knight moved that the Council return to recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to contract negotiations and personnel matters of non- elected personnel and the regular meeting be resumed no sooner than 11:20 a.m. in -- carried the City Council Chambers. Motion carried 6 to 0. (Kamen absent) RECESS Council recessed at 11:02 a.m. and reconvened in regular session at 11:27 a.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the Executive Session. ADJOURNMENT The City Council meeting adjourned at 11:27 a.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 166 JUNE 16, 1998