MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, July 8, 1997 Tuesday, 9:00 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Gale, Kamen, Rogers; present. *Council Member Ferris absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Mr. Nabil Seyam, Director of Islamic School. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. AWARDS AND PRESENTATIONS ALL AMERICA CITY The All America City Participants were recognized. *Council Member Ferris present. OFF AGENDA ITEM COMMUNITY DIALOGUE COMMUNITY DIALOGUE - COMMUNITY CONSENSUS ABOUT PRIORITIES. Motion -- carried Knight moved that an Item be taken up off the Agenda. Motion carried 7 to 0. Mayor Knight Mayor Knight said that it has been his hope that a community consensus about priorities could be developed. The consensus should be developed in a way that really listens to citizens rather than having official ideas developed and then expecting citizen support. At the direction of Margalee Wright, a process was established and six meetings were held. This was a first step and the time was well spent. Margalee Wright Margalee Wright, Neighborhood Initiative, summarized the comments, concerns descriptions, and tables which were a result of the community dialogue meetings. The citizens were extremely pleased and impressed by the effort to listen and honor their feelings, ideas, and concerns about their neighborhoods and community. Further, a desire was expressed for citizen involvement and partnership with the local government. There was concern about children and youth resources to accommodate the needs of youth, especially park and recreation facilities. Consistently, among the respondents in all the districts, was the concern for children and youth. Specifically, there was concern for positive community resources allocated for children and youth. In all districts, the respondents were interested in communication with government officials. There was appreciation for the willingness of elected people to hear "firsthand" concerns of citizens. An underlying theme under "Neighborhood concerns" was a need for neighborhood planning as a partnership process between neighborhoods and local government planning professionals. The major themes from respondents concerned schools and neighborhood schools, citizen participation, and resources for citizens in need. The number of concerns listed for the following districts were: 8 for District I, 29 for District II, 31 for District III, 48 for District IV, 51 for District V, and 21 for District VI. * District I comment, in general, were overwhelmingly positive in tone and partnership oriented, with a desire for greater citizen involvement from respondents. * District II participants (to a great extent) arrived with their own agenda in mind and were looking specifically for a town hall debate forum, not a community dialogue process. * District III dialogue demonstrated the wide disparity of citizen perspectives in that district. Participation was primarily from residents of Planeview; therefore, the concerns highlighted in the dialogue may not be representative of the district as a whole. * District IV is where many of the school issues were discussed. There was considerable interest in citizen participation for problem solving. Some of the focus of the dialogue process was on problem solving, not just highlighting concerns and issues for discussion. * District V included several citizens from a neighborhood association in District IV. Time constraints did not permit a full dialogue. * District VI included a diverse group of citizens who were passionate about their neighborhoods and creative in their responses. District 6 was most concerned about ecological issues and the needs of children and youth. General Concerns Coding and Description. 1 - Child/Youth included concerns for positive involvement in the lives of children, safety issues, truancy, gang involvement, etc. 2 - Water included issues concerning the water from the landfill and quality of water. 3 - Parks and Recreation/Community Resources and Activities included requests for more, quality of, broader services provided to meet citizen needs, etc. 4 - Streets/sidewalks/public works, infrastructure included concerns/ideas/solutions about these areas, improvement of, flood zones, etc. 5 - Communication with government, accountability of government officials, citizen involvement in government included need for improved and greater communication between government and citizens, government accountability, and more citizen involvement and decision making. 6 - Police and community police included concerns about police traffic quotas, tickets, speeding, public safety, and improvements due to community police involvement in neighborhoods and with citizens. 7 - Public transportation included need for more service with extended hours and efficiency of service (e.g., use smaller vs. larger buses when larger buses are not needed), etc. 8 - Neighborhood concerns included concern about physical aesthetics of, social networks within, improvement of, greater government involvement in, business development in, elderly neighbors, and job programs. 9 - Taxes included expenditures, suggestions for improvement of, and demand for more government services with (e.g., services/investment in children). 10 - Other included general areas such as CPO and voting, schools, service programs (e.g., welfare and SRS), drugs/alcohol treatment. Most of the comments in this category for all districts concerned schools and school services. 11 - Landfill, recycle, community compost pile included concerns about the landfill, suggestions/ concerns about need for recycling programs, need for a community compost pile, organized city-wide clean-ups and city assistance with (e.g., city hauls off tree limbs as a service all year round). Overwhelmingly, the people said the need is to think differently and to do business a little differently. The citizens want to take responsibility for themselves and their neighborhood, and to help make government work. It is hoped these concerns will be of value to the City Council as the budget process is considered. Mayor Knight Mayor Knight stated that the comments and concerns expressed by citizens will be instructive as the Council tries to determine where the City will go for 1998 and beyond. UNFINISHED BUSINESS S/D 96-73 S/D 96-73 - PLAT OF LARK 5TH ADDITION LOCATED WEST OF LARK LANE AND SOUTH OF KELLOGG. (District V) Steve Lackey Public Works Director reviewed the Item. The issue of drainage problems in the Lark Third Addition are being addressed and should soon be alleviated. There is no connection between the Fifth and Third Additions. The developer is making the necessary effort to solve drainage problems. Continued from July 1, 1997. Agenda Report No. 97-577. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. The plat represents a portion of the overall Lark subdivision being platted. All 100 percent petitions have been submitted. To provide for off-street parking, for lots adjacent to narrow streets, a covenant has been submitted requiring four off-street spaces be provided for each such lot. Documents Certificate and Restrictive Covenant for Lots 1 through 38, Block 1, Lark Fifth Addition. 100 Percent Petition for construction of Water Distribution System Number 448-89166 (west of Lark, south of Kellogg) ($32,000 92 percent SA, 8 percent Water Utility Improvement Fund) 100 Percent Petition for construction of Water distribution System Number 448-89167 (west of Lark, south of Kellogg) ($61,000 S.A.) 100 Percent Petition for construction of Lateral 378, Southwest Interceptor Sewer (west of Lark, south of Kellogg) Project No. 468- 82747 ($61,000 S.A.) 100 Percent petition for improving of Lark Lane Courts serving Lots 1 through 19, from the west line of Lark Lane west to and including the cul-de-sac and serving Lots l20 through 38, from the west line of Lark Lane west to and including the cul-de-sac, Project No. 472-82849 (west of Lark, south of Kellogg) ($184,000 S.A.) Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-219 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89166 (west of Lark, south of Kellogg) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-220 Resolution of findings of advisability and Resolution authorizing construction of Water distribution System Number 448-89167 (west of Lark, south of Kellogg) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-221 Resolution of findings of advisability and Resolution authorizing construction of Lateral 378, Southwest Interceptor Sewer (west of Lark, south of Kellogg) Project No. 468-82747 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-222 Resolution of findings of advisability and Resolution authorizing improving of Lark Lane Courts serving Lots 1 through 19, from the west line of Lark Lane west to and including the cul-de-sac and serving Lots l20 through 38, from the west line of Lark Lane west to and including the cul-de-sac, Project No. 472-82849 (west of Lark, south of Kellogg) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. NEW BUSINESS KANSAS MASONIC HOME PUBLIC HEARING AND ISSUANCE OF HEALTH CARE FACILITIES IMPROVEMENT REVENUE BONDS - KANSAS MASONIC HOME. (District VI) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-585. On April 15, 1997, the City Council approved the issuance of a Letter of Intent for Health Care Facilities Improvement Revenue Bonds in an amount not to exceed $6.0 million to the Kansas Masonic Home. The Kansas Masonic Home will use the bond proceeds to finance the costs of expansion and improvement projects including a 60-unit assisted living facility at the Kansas Masonic Home Facilities located at Seneca and Maple Street in Southwest Wichita. No tax abatement is being requested for the project. The Kansas Masonic Home is a not-for-profit corporation supported by approximately 34,000 members of the Order of the Eastern Star of Kansas. The services of the Kansas Masonic Home are provided in a geographic area mainly comprised of Sedgwick, Butler, Harvey, Cowley, Reno, Kingman and Sumner Counties in Kansas. The Kansas Masonic Home is a nursing care provider and retirement facility which operates three main programs: (1) licensed extended care and skilled nursing care center; (2) a home health care program serving the elderly in the Wichita metro area; and (3) an independent living facility. The proposed assisted living facility will consist of approximately 60 resident units in a two- and three-story structure with a town square as a focal point for social, recreational and educational activities for the residents. The town square will be in a three-story atrium space. Resident units will be clustered around social gathering areas located within separate small atriums. In addition to the town square, the assisted living facility will have a restaurant-style dining facility. There will also be a wellness center comprised of swimming pool, exercise room and locker rooms. The existing dining rooms will be expanded into a two-story addition and existing dining rooms will be remodeled into multipurpose day rooms and offices. Proceeds from the sale of the $6.0 million of Health Care Facilities Improvement Revenue Bonds will be used, together with $794,298 in funds from the Kansas Masonic Home, to construct a 60-unit, two- and three-story assisted living facility and to expand its existing dining facilities, all designed to blend with the current architecture of the Kansas Masonic Home, as follows: SOURCE OF FUNDS Bond Proceeds $6,000,000 Tenant Funds 794,298 Total Sources $6,794,298 USE OF FUNDS Construction $5,794,323 Equipment 172,500 Professional Fees 260,500 Underwriting Fees 114,000 Original Issue Discount 94,875 Administrative Costs 15,600 Other Costs of Issuance 60,000 Contingency 282,500 Total Uses: $6,794,298 The Kansas Masonic Home expects to employ an additional 24 people, increasing employment from the current level of 165 full-time employees to 189 full-time employees. The Bonds will be underwritten and publicly offered to investors by Ranson & Associates, Inc. The Kansas Masonic Home has an approved Equal Employment Opportunity/Affirmative Action Plan and an approved Water Conservation Plan. The Kansas Masonic Home agrees to pay all costs of issuing the bonds, and agrees to pay the City's annual administrative fee for the term of the bonds. No tax abatement will be granted by virtue of the bond issue. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Public Hearing be closed and the Bond Ordinance be placed on -- carried first reading. Motion carried 7 to 0. ORDINANCE An Ordinance authorizing the city of Wichita, Kansas, to issue its Health Care Improvement Industrial Revenue bonds, Series VI, 1997 (The Kansas Masonic Home), in the aggregate principal amount of $6 million, for the purpose of paying the costs of purchasing, acquiring, constructing, furnishing and equipping an assisted living facility; authorizing the execution of a second supplemental trust indenture by and between the City and Commerce Bank, N.A., in the City of Wichita, Kansas, as trustee; authorizing the City to lease the project to the Kansas Masonic Home; authorizing execution of a second supplemental lease between the City and the Kansas Masonic Home; approving the form of a guaranty agreement; and authorizing the execution of a bond purchase agreement b y and between the City, the Kansas Masonic Home, and Ranson & Associates, Inc., as underwriter, introduced and under the rules laid over. NORTHEAST COMPLEX PROPOSAL FOR NORTHEAST SOFTBALL/BASEBALL COMPLEX. (District II) Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-586. The Department of Park & Recreation and the Friends of Northeast Baseball propose that the City of Wichita purchase approximately 80 acres of land in northeast Wichita, near 29th & Greenwich Road. This site is in close proximity to the Northeast Soccer Complex (previously approved by Council), for the purpose of developing a softball/baseball complex. The Capital Improvement Program provides funds for the acquisition of land to develop athletic fields in this part of the city. After acquiring the land, plans for initial development call for completing four fields in 1998, to be used for youth tournament play. As future funding becomes available, it is planned to develop a total of 12 fields on the site. Other facilities will include parking lots, concession and restroom facilities, perimeter lighting, bleachers and an irrigation system. The Park Board reviewed this proposed project at its March 10, 1997, meeting and approved the general concept. This project is proposed as a public/private partnership between the City of Wichita and the Friends of Northeast Baseball. This organization consists of a number of residents/parents who support and promote youth baseball and softball in Wichita and who are concerned with securing adequate quality fields for youth play in the northeast area of the city. Development and operation of the softball/baseball complex would be accomplished according to the following proposal: City of Wichita would be responsible for: - Purchase of approximately 80 acres of land near 29th St. N. & Greenwich Rd. - Extending all utilities to the site. - Providing all earthwork at the site. - Construction and installation of parking lots, perimeter lighting, rest rooms, concession facilities, bleachers, and irrigation system. - All grounds and facility maintenance at the site (all operating and mainte nance costs are to be recovered through facility user fees). Friends of Northeast Baseball would be responsible for: - Initial contribution of $100,000 towards project development. - Installation of fencing, seeding, sod, backstops, dugouts (valued at approx imately $250,000). - Commitment to raise an additional $1,000,000 to assist the City with capital improvements at the site. Operation of the Complex It is proposed that the City of Wichita, as owners of the complex, enter into a joint relationship with the Friends of Northeast Baseball (major contributors towards the complex development) to form a Limited Liability Corporation (LLC) that would govern operations at the softball/baseball complex. This LLC would be responsible for management of the facility and make decisions regarding tournament and league play at the complex through an executive committee composed of concerned private citizens from within the community and City staff. The LLC will hire a manager to oversee operations at the complex. Facility and Grounds Maintenance The City of Wichita would provide all maintenance for the athletic fields and structures at the complex. An agreement with the LLC will provide for cost recovery of all maintenance costs paid from user fees generated at the complex. Friends of Northeast Baseball have committed to contribute $100,000 for initial construction, and an additional $1,000,000 to assist with continued development of the complex over a four-year period. Cost to the City of Wichita to purchase an 80-acre parcel of land for the complex is estimated at $240,000 and would be funded through the sale of general obligation bonds. Total development costs over a four-year period are estimated at $1,337,000. Operating and maintenance costs will be provided through facility user fees. Annual revenue and expenditure projections are provided on the attached pro forma. The City of Wichita has the ability to purchase land for this project and to enter into an agreement with the Friends of Northeast Base- ball to establish a mechanism for development and operation of the complex. Tim Vanatta Parks and Recreation Director, responding to questions, said the LLC is flexible in how it will be set up. The desire is to meet the needs of the community. There is ample room for a football facility as well. The project would be open and not targeted to any area or group. The facility would primarily be for city residents but there could be some carry-over. The details of the LLC will be worked out in a letter of intent. There will be input from the City Council, Park Board, etc. The City will not lose control. Council Member Lambke Council Member Lambke expressed concern that, due to tax dollars being used, the City should not lost control. Council Member Rogers Council Member Rogers said City representation on the Board should be in accordance to the amount of funds invested. Mayor Knight Mayor Knight said the citizens want more quality options for children and sports options are one of the best ways this can be provided. Council Member Kamen Council Member Kamen said he hoped the City would work out something so those from small areas would be allowed to participate. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Dave Dahl Dave Dahl, representing the Friends of Northeast Baseball, invited the City to join in the partnership. There already several thousand players for the areas. Brian McGuire Brian McGuire, coach, said there is a lack of practice and playing fields in Wichita and encouraged support of the project. Steve Dillard Steve Dillard, coach, said there is a need for facilities. Practice facilities cannot be found. This would be a great amenity and Mr. Dillard urged approval. Jack Hill Jack Hull, President of the East Wichita Baseball League, spoke in support of all the efforts. Mr. Hull said his concern is that it be realized there are other baseball leagues who want to be involved. The East Wichita Baseball League has about 350 children from ages five through thirteen participating. Mr. Hull said his biggest concerns are that 1) the fields now being used will be taken away, and 2) that all will not be included. Jerry Crowell Jerry Crowell, National Director for National Baseball Congress at Dumont Youth Baseball, spoke in support of the project. Mike Dixon Mike Dixon, 1610 Lawrence Court, coach, spoke in support of the project. Mr. Dixon said he wanted it understood that this is not a league issue but, rather, a community issue. The area would be for everybody. Motion -- Kamen moved that the project be approved and Staff be authorized to purchase the necessary land and negotiate the terms and conditions of the project. Motion -- carried carried 7 to 0. GRANT APPLICATION GRANT APPLICATION FOR KANSAS EMERGENCY SHELTER GRANT FUNDS. Chris Cherches City Manager reviewed the Item. Council Member Kamen left the Bench. Agenda Report No. 97-587. The State of Kansas receives Emergency Shelter Grant funds under the Stewart B. McKinney Homeless assistance Act. These funds are in turn awarded to local units of government on behalf of homeless service providers throughout the state. The Kansas Department of Commerce and Housing (KDOC&H) issued a Notice of Funding Availability for the 1997 Kansas Emergency Shelter Grant Program (KESGP). Private non-profit agencies are eligible to receive the funds, however the application must be submitted by the local governmental entity. Several agencies have submitted requests to the City for the KESGP funding. The KESGP funding is competitive on a state-wide basis. The projects included in this application will be evaluated against all projects submitted by other city and county governments throughout the state. The grant application includes funds for the following agencies and activities. Catholic Charities Anthony Family Shelter - Operations funding ($14,646) is requested for the 32 bed shelter; Homeless Prevention funding ($5,000) is requested for a rent and utility assistance program. Center of Hope - Homeless Prevention funding ($10,500) is requested for a rent assistance program which also offers financial counseling, budget assistance, and resource and responsibility assessment. Inter-Faith Ministries Inter-Faith Inn - Rehabilitation funding ($25,000) is requested to assist in the renovation of the third floor sleeping rooms of the Inn; Operations funding ($13,100) is requested for the 26 bed (while undergoing renovations) facility; Essential Services funding ($15,000) is requested to provide case management services. Inter-Faith Ministries Safe Haven - Rehabilitation funding ($20,000) is requested to assist in the renovation of restrooms and installation of a handicapped shower and restroom for this new shelter designed to provide transitional housing for mentally ill homeless persons; Operations funding ($35,000) is requested for the 20 bed (as of August 1, 1997) facility; Essential Services funding ($15,000) is requested to provide case management services. Kansas Legal Services - Essential Services funding ($1,750) is requested to assist homeless individuals obtain regular monthly income; Homeless Prevention funding ($1,250) is requested to provide legal/mediation services designed to assist individuals stay in existing housing. Northeast Research and Outreach Center (NEROC) - Essential Services funding ($10,000) is requested to provide case management services designed to assist individuals obtain food, rent and utility assistance, and other supportive services; Homeless Prevention funding ($30,000) is requested for a rent/mortgage and utility assistance program. Salvation Army Emergency Lodge - Operations funding ($20,000) is requested for the 16 bed emergency shelter. United Methodist Urban Ministry Drop-In Center - Operations funding ($27,000) is requested for the 200 client capacity day shelter; Homeless Prevention funding ($7,000) is requested for a rent and utility assistance program. YWCA Women's Crisis Center - Operations funding ($10,750) is requested for the 26 to 30 bed shelter; Essential Services funding ($4,250) is requested to provide clients transportation, childcare, and employment services. City of Wichita - Administration funding ($6,631) at the allowed 2.5% rate is requested for administrative costs. The total requested amount is $271,877. Each requesting agency has committed to providing the required matching funds. The State of Kansas has $641,000 in KESGP funds available for the 1997 Program Year. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Mayor be authorized to sign the Grant Application and -- carried receive funds. Motion carried 6 to 0. (Kamen absent) Council Member Rogers left the Bench. ORDINANCE AMENDMENTS AMENDMENTS TO CHILD SAFETY RESTRAINT ORDINANCE AND MOTORCYCLE HELMET ORDINANCE. Gary Rebenstorf Director of Law reviewed the Item. Council Member Kamen present. Agenda Report No. 97-588. The proposed ordinances were initiated by the Law Department in response to changes in state law made by the Kansas Legislature. The amendments adopt the safety standards which have been adopted by the Kansas legislature for child safety restraints and motorcycle helmets. The amendments also amend Section 11.60.290 to require minors to wear motorcycle helmets when operating or riding motorized bicycles. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance amending Sections 11.38.370 and 11.60.290 of the code of the City of Wichita, Kansas, pertaining to Child Passenger Safety Act and motorcycles - protective headgear, eye screens, and repealing the originals of said sections, introduced and under the rules laid over. CITY COUNCIL AGENDA Council Member Rogers present. BOARD APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999). Alternative Correctional Housing Advisory Board (10 appointments) Art Museum Board (6 appointments - Cole, Ferris, Gale, Knight, Lambke, Rogers) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (7 appointments) Board of Appeals of Plumbers and Gas Fitters (3 appointments) Board of Code Standards and Appeals (6 appointments - Cole, Ferris, Kamen, Knight, Lambke, Rogers)) Board of Electrical Appeals (6 appointments) Board of Housing Commissioners (3 appointments - Cole, Ferris, Kamen)) Board of Park Commissioners (2 appointments - Ferris, Kamen) Civil Rights and Services Board (2 appointments - Kamen, Lambke) Commission on the Status of People with Disabilities (5 appointments - 2 each Cole, Ferris, 1-Lambke) Convention and Tourism Committee (2 appointments - Cole, Kamen) Group Life Insurance Board (2 appointments) Historic Preservation Board (1 appointment - Kamen) Human Services Board (2 appointments) Library Board (7 appointments - 2 each Kamen, Lambke; 1 each Knight, Cole, Rogers) Metropolitan Area Planning Commission (1 appointment - Knight) Metropolitan Transit Authority (2 appointments - Knight, Kamen) Police and Fire Retirement Board of Trustees (3 appointments - Gale, Knight, Lambke) Public Art Advisory Board (3 appointments) Sister Cities Advisory Board (1 appointment - Kamen) Traffic Commission (2 appointments - Cole, Lambke) Wichita Airport Authority (1 appointment - Kamen) Wichita Athletic Commission (3 appointments) Wichita Commission on the Status of Women (6 appointments - 2 each Cole, Ferris; 1 each Gale, Lambke) Wichita Employees' Retirement Board (4 appointments - Ferris, Lambke, Kamen, Knight) Wichita Public Building Commission (3 appointments - Ferris, Kamen, Lambke) Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (4 appointments) Wichita-Sedgwick County Board of Health (2 appointments - Cole, Ferris) Discussion was had regarding the Art Musuem Board appointments. Council Member Kamen Council Member Kamen said he planned to rescind his appointment to the Art Museum Board and then, later, appoint someone who had not previously served on the Art Museum Board. Council Member Rogers Council Member Rogers stated that for at least the last five years there has been tremendous difficulty with the governance with the Art Museum. There seem to be polar positions in the operation of the Art Museum that have coalesced in the community. Recently the Council has been confronted with the possibility of losing accreditation. What has been done in the past has not worked and it is time to make adjustment, which was done in the previous week with the Ordinance, from a policy standpoint. There are immovable objects which are problems that have nothing to do with the personalities sent to the Board if the same philosophies are brought to the Board. It is time for consideration, from a Council standpoint, of not appointing anyone who is associated with any of the organizations the Council is familiar with that have not been able to find solutions to the problems of the Art Museum Board. Motion -- Ferris appointed John Moody (Mechanical), Patrick Johnson (Codes Standards and Appeals), Connie Neeley (Housing), Sylvia Tandy and Curtis Tatum (Ferris), Betty Patton and Kim Scanlon (Women), John Luerding (Public Building), Dr. Donald Bebak -- carried (Health) and moved that the appointments be approved. Motion carried 7 to 0. Motion -- Cole appointed Elizabeth Bishop, Neighborhoods; Dr. Paul Cromwell, WSU; Nile Dillmore, Neighborhoods; John Eisenbart, Probation; Harold Flaigle, Municipal Court; Allen McGregor, Federal Halfway House; Shawna Mobley, Correctional Counseling; Kent Sisson, State Parole Region; and Mike Watson, Police Chief (Alternative Correctional Housing) and moved that the appointments be approved. -- carried Motion carried 7 to 0. Motion -- Cole appointed elizabeth Wilder (Housing), Shirley Younce (Disabilities), Sharon Mallory (C&T), Sarah Schneider and Margo Breckbuild (Women), Nan Porter (ADAAB), Kathy Ditmer (Health) and moved that the appointments be approved. Motion -- carried carried 7 to 0. Motion -- Kamen appointed Jim Kater (Codes Standards and Appeals), Lois ruby and Nancy Tush (Library), rescinded Ivonne Goldstein from Art Museum Board and appointed Ivonne Goldstein (C&T), and moved that the appointments be approved. Motion carried -- carried 7 to 0. Motion -- Rogers appointed Barbara Jackson (Human Services) and Howard Ellington (Public -- carried Art) and moved that the appointment be approved. Motion carried 7 to 0. Motion -- Knight appointed Karl Peterjohn (Library), Richard Lopez (MAPC), Ed Flentje (MTA), Annie Lowrey (Public Art), Carolyn Connolly (WER), and David Collins -- carried (ADAAB) and moved that the appointments be approved. Motion carried 7 to 0. Later in the meeting the Council returned to this Item and made additional Boards/Commissions appointments. Motion -- Cole appointed Mary Jobe (at-large Public Art) and moved that the appointment be -- carried approved. Motion carried 7 to 0. Motion -- Ferris appointed Helen Cochran (ADAAB) and moved that the appointment be -- carried approved. Motion carried 7 to 0. Motion -- Kamen appointed Allen Boge (WER) and moved that the appointment be approved. -- carried Motion carried 7 to 0. PROCLAMATION PROCLAMATION. -- Professional Clown Week Motion -- carried Knight moved that the proclamation be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED JUNE 30, 1997. There was no Board of Bids meeting on June 30, 1997. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1997 (Consumption on Premises) Larry L. Wolf Lenora's Place 1528 S. Washington Daryl Moren Club Billiards 925 W. Douglas Marla M. Hayden Buck's Barbeque8710 W. Central (Consumption off Premises) Mark A. Boswell Midway Oil #8 2199 N. Woodlawn Henry R. Waquespack Kwik Shop #772 2750 S. Oliver Henry R. Waquespack Kwik Shop #748 2809 E. Douglas Henry R. Waquespack Kwik Shop #731 710 W. 29th N. Henry R. Waquespack Kwik Shop #722 3959 S. Hydraulic New Operator 1997 (Consumption off Premises) Henry R. Waquespack Kwik Shop Express #8502212 N. Maize Rd. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS AND SPECS. PLANS AND SPECIFICATIONS. A 20" Water Main in Arkansas and 51st Street North from 37th Street North to 51st Street North and from Arkansas to the west bank of the Little Arkansas River (Arkansas & 51st Street North). (448-89110/632232/544527) Traffic to be maintained during construction using flagpersons and barricades. (Council approval 7-18-95) (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., July 11, 1997. Motion carried 7 to 0. PLANS AND SPECIFICATIONS. a. 1997 Contract Maintenance Arterial Mill and Overlay, Phase II at various locations. (132282/112000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3- 4-97) (District All) b. 1997 Contract Maintenance Brick Work Phase I (Old Town). (132241/112000) Traffic to be maintained through construction. (Council approval date 3-4-97) (District VI) c. 1997 Arterial Sidewalk and Wheel Chair Ramp Construction Phase II at various locations. (472- 82821/706572/405211) Traffic to be maintained through construction. (Council approval date 3-4-97) (District All) d. Reconstructing a portion of College Hill Sanitary Sewer Phase III (east of Hillside, north of Douglas). (468-82750/621557/533266) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-7-97) (District II) e. 1997 CDBG Planeview Pedestrian Bridge, Sidewalk & Light. (618611/805007) Does not affect existing traffic. (Council approval date 3-4-97) (District III) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., July 18, 1997. Motion carried 7 to 0. SUB. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. a. Lateral 55, Main 9, Sanitary Sewer #23 to serve Willowbend North Addition (west of Rock, south of 45th Street North). (468- 82712/743153/480407) Does not affect existing traffic. (Council approval date 6- 10-97) (District 2) b. Lateral 30, Main 15, Southwest Interceptor Sewer to serve part of Socora Village & Wesley West Addition (east of Tyler, south of 17th). (468-82253/743146/480406) Does not affect existing traffic. (Council approval date 10-20-92) (District 5) c. Water Distribution System to serve part of Socora Village (east of Tyler, south of 17th). (448-88643/733865/470464) Does not affect existing traffic. (Council approval date 10-20-92) (District 5) d. Water Distribution System to serve part of Socora Village & Westridge Village (east of Tyler, south of 17th). (448- 88644/733857/470463) Does not affect existing traffic. (Council approval date 10- 20-92) (District 5) e. Storm Water Drain #128 to serve Regency Lakes & Regency Lakes 2nd (north of 21st Street North, west of Greenwich Rd). (468- 82697/750950/485131) Does not affect existing traffic. (Council approval date 4- 1-97) (District 2) f. Cooper, Pebblebrook and Beech to serve Pebblebrook Addition (north of Pawnee, west of Webb). (472-82302/764332/490536) Does not affect existing traffic. (Council approval date 2-23-93) (District 2) Motion -- Knight moved that the Plans and Specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., July 18, 1997. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Cost of acquiring a parking facility located on the east side of Waco from approximately 149 feet north of Douglas to approximately 467 feet north of Douglas - 1,620,000.00. Council Approval 2-26-96. (472- 82692/791509/435-179) b. Cost of constructing 1997 Park Bikeway system (along the Big River) - $50,000.00. Council Approval 1-14-97. Traffic to be maintained through construction. (472-82792/785-642/440-096) c. Cost of constructing replacement of concrete on entrance terrace to the recreation center in Edgemoor Park (Edgemoor and 9th Street North) - $20,000.00. Council Approval 2-4-97. Does not affect existing traffic. (472-82793/785-659/440-097) d. Cost of constructing Water Distribution System to serve parts of Pebblebrook Addition (north of Pawnee, west of Webb) - $74,000.00. Council Approval 2-23-93. Does not affect existing traffic. (448- 88680/733832/470-461) e. Cost of constructing Lateral 26, Main 1, Cowskin Interceptor Sewer to serve Marshall Addition (east of Maize, north of Kellogg) - $46,360.00. Council Approval 2-27-96. Does not affect existing traffic. (468- 82573/742635/480-355) f. Cost of constructing Lateral 136, War Industries Sewer to serve Greenwich Business Park, Manhattan Addition, and Kensington Gardens (north of 21st Street North, west of Greenwich Road) - $158,000.00. Council Approval 4-15-97. Does not affect existing traffic. (468-82693/743120/480-404) g. Cost of constructing Lateral 139, War Industries Sewer to serve Greenwich Business Park, Regency Lakes and Regency Lakes 2nd (north of 21st Street North, west of Greenwich Road) - $92,872.00. Council Approval 4-15- 97. Traffic to be maintained through construction. (468-82698/743138/480-405) h. Cost of constructing Sanitary Sewer Rehabilitation, 1997 College Hill, Phase II (east of Hillside, north of Kellogg) - $240,000.00. Council Approval 1-7-97. Traffic to be maintained through construction. (468- 82720/621557/533-266) i. Cost of constructing a 20" Water Main in Arkansas and 51st Street North from 37th Street North to 51st Street North. and from Arkansas to the west bank of the Little Arkansas River (Arkansas & 51st Street North) - $1,500,000.00. Council Approval 7-18-95. Traffic to be maintained during construction using flagpersons and barricades. (448-89110/632232/544-527) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST. a. (Final) 37th Street North - $329,971.34. (Financing previously issued - 0.00) Financing issued at this time - $329,971.34. (763433/472-81373/490-446) b. (Final) Dora - $250,983.46. (Financing previously issued - 0.00) Financing issued at this time - $250,983.46. (763680/472- 82726/490-471) c. (Final) Crestline - $135,289.79. (Financing previously issued - 0.00) Financing issued at this time - $135,289.79. (763805/472- 82564/490-483) d. (Final) Meadow Pass from the north line of Meadow Grove to the north line of Lot 8, Block 1; Meadow Grove from the east line of Tyler Road to the east line of Lot 8, Block 3; Meadow Pass Courts serving Lots 4-8, Block 1, and serving Lots 1-14, Block 4, Northridge Lakes: Meadow Grove Court from the south line of Lot 1, Block 1, Northridge Lakes 2nd Addition to the south line of Meadow Grove; and Sidewalk along the east line of Meadow Pass from the north line of Meadow Grove to the north line of Lot 8, Block 1, Northridge Lakes, and along the north line of Meadow Grove from the east line of Tyler Road to the east line of Lot 8, Block 3, Northridge Lakes - $269,342.27. (Financing previously issued - 0.00) Financing issued at this time - $269,342.27. (763854/472-82606/490-488) e. (Final) Dowell and Second Street from the west line of Ellson to the south line of Central Avenue; Clay Circle adjacent to Lots 23 through 32, Block 2; Crest Circle adjacent to Lots 11 through 22, Block 2; and on the 32-foot right-of-way serving Lots 12 and 13, Block 1 - $419,003.60. (Financing previously issued - 0.00) Financing issued at this time - $419,003.60. (763870/472-82723/490-490) f. (Final) North-South Alley between Mead and Mosley - $35,800.39. (Financing previously issued - 0.00) Financing issued at this time - $35,800.39. (763516/472-82659/490-454) g. (Final) Hendryx - $436,201.00. (Financing previously issued - 0.00) Financing issued at this time - $436,201.00. (763888/472- 82755/490-491) h. (Final) Rock Road Landscaping - $11,603.46. (Financing previously issued - 0.00) Financing issued at this time - $11,603.46. (763987/472-82775/490-500) i. (Final) Bradley Fair Parkway Landscaping - $38,353.48. (Financing previously issued - 0.00) Financing issued at this time - $38,353.48. (763987/472-82776/490-501) j. (Final) Honeytree from the north line of Lot 1, Block 1, to the south line of Smithmoor Fifth Addition and Brandon from the north line of Lot 1, Block 3, to the south line of Smithmoor Fifth Addition - $89,200.72. (Financing previously issued - 0.00) Financing issued at this time - $89,200.72. (764019/472-82759/490-504) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 7 to 0. ADVISORY BOARDS MINUTES OF ADVISORY BOARDS. Board of Housing Commissioners, 5/15/97 CPO East Council 2, 6/23/97 CPO Southwest Council 4, 6/26/97 CPO Northwest Council 5, 6/25/97 Public Art Advisory Board, 6/12/97 Wichita Employees' Retirement System, 5/28/97 Wichita Employees' Retirement System, 6/18/97 Wichita Metropolitan Transit Authority, 5/22/97 Wichita Public Library, 6/17/97 Wichita/Sedgwick County Board of Health, 6/10/97 - 6/11/97 Wichita/Sedgwick County Board of Health, 6/12/97 Wichita/Sedgwick County Emergency Communications Advisory Board, 6/19/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 7 to 0. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. SOUTH LAKES PARK AGREEMENTS FOR DESIGN SERVICES FOR SOUTH LAKES PARK CONCESSIONS & MAINTENANCE FACILITIES. (District IV) Agenda Report No. 97-589. On January 28, 1997, the City Council approved the project and authorized the Staff Screening and Selection Committee to select architects to design two concession buildings and a maintenance building for the South Lakes Sports Complex. The proposed agreements between the City and Randall Steiner, AIA, provide for the architectural design of two restroom/concession facilities for the soccer and softball fields, shade pavilions, four press boxes, paving and sidewalk, and a general maintenance facility. Payment will be on a lump sum basis of $31,000, with reimburseables not to exceed $1,000. The funding source is general obligation bonds. Funds are available in the project budget (P-101). Motion -- Knight moved that the Agreements be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. MCLEAN BOULEVARD SUPPLEMENTAL AGREEMENT FOR MCLEAN BOULEVARD FROM WALNUT TO SOUTH OF TAFT. (District VI) Agenda Report No. 97-590. On April 4, 1995, the City Council approved an agreement with McCluggage Van Sickle & Perry (MVP) to design McLean Boulevard, from Walnut to south of Taft, including riverbank and water line improvements. MVP's fees totaled $400,000; $266,000 for design of McLean, $20,000 for design of a below- grade pedestrian underpass to connect the Science Center to the river's edge, $100,000 for design of the riverbank improvements, and $14,000 for design of the water line improvements. After the contract was signed, the City Council approved a new alignment to allow the Science Center to build next to the river. Due to the new alignment, MVP was required to make considerable revisions to the plans for the street and water line improvements. Revisions to the street plans were paid for by funds already encumbered for design of a below-grade pedestrian underpass, which was not required with the new alignment. The attached Supplemental Agreement with MVP for the revisions to the water line plans has been prepared. Payment to MVP for this Supplemental Agreement will be made on a lump sum basis of $8,000 and will be paid by the project budget which is funded by Water Utility. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. PAWNEE CORRIDOR STUDY SUPPLEMENTAL AGREEMENT FOR PAWNEE CORRIDOR STUDY, MCLEAN TO GEORGE WASHINGTON BOULEVARD. (District III) Agenda Report No. 97-591. On July 30, 1996, the City Council approved an agreement with Professional Engineering Consultants, P.A. (PEC) to prepare a report documenting the improvements required on Pawnee, from McLean Boulevard to George Washington Boulevard, to accommodate design year 2020 traffic projections. PEC's fee totaled $32,000. PEC was asked to evaluate the feasibility of constructing a railroad grade separation crossing for Union Pacific Railroad over Pawnee Avenue main line tracking in Mead Street, a study task which was not included in the original agreement. The additional study included the following: . Obtaining field survey elevation data . Development of design concept alternatives for feasibility evaluation . Preparation of construction cost estimates . Preparation of right-of-way cost estimates . Additional meetings with City of Wichita staff . Incorporation of the above into the study report, which was virtually complete before the additional work was undertaken Payment to PEC for this Supplemental Agreement will be made on a lump sum basis of $11,500 and will be paid by the project budget which is funded by General Obligation Bonds. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. ESCROW AGREEMENT ESCROW AGREEMENT--ACCEPTANCE OF BONDS IN LIEU OF LETTER OF CREDIT AS DEVELOPMENT GUARANTEE. (District II) Agenda Report No. 97-592 . In connection with the development of a portion of the Bradley Fair/Wilson Estates properties at 21st Street and Rock Road, the developer has asked the City to accept certain municipal bonds as security for its development guarantee. The developer is constructing office/commercial improvements to a tract of land east of the existing retail development and adjacent to the proposed residential development by Ritchie Development. The usual procedure is for the developer to provide a letter of credit in the amount of 35% of the estimated special assessments to be levied against the developer's properties as its share of the costs of public improvements constructed by the City to serve the development. The developer, Vantage Point Properties, Inc., wishes to utilize certain municipal bonds that it holds as security in lieu of a letter of credit. This will save the developer the cost of obtaining a letter of credit and the proposed agreement under which the bonds will be held will assure the City that it has equivalent security to the usual letter of credit arrangement. This substitution of escrowed municipal bonds in lieu of a letter of credit provides the City with equivalent financial security. There is no cost to the City with this arrangement and no increased risk that special assessments will not be paid, either by the development or through drawing down on the escrowed security. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. HOME FUNDS METRO SENIOR RESIDENCES, L.P. (District V) Agenda Report No. 97-593. On March 19, 1996, The City Council awarded 1996 HOME funds as part of the City's allocation of Consolidated Planning Grant Funds. The Council approved awarding $200,000 to Mennonite Housing Rehabilitation Services to assist in the construction of Country Acres Senior Residences. The project provides 56 new units of affordable senior residences in West Wichita. The project combines Federal Home Loan Bank funds, City of Wichita CDBG and HOME, Low-income Housing Tax Credits, conventional financing and owners equity. The project provides 40 one-bedroom units and 16 two-bedroom units. The development also includes common areas for recreation, a full-time on-site manager and transportation services. The rents will be restricted by both the HOME program and Low-income Housing Tax Credits. The HOME assistance was requested and approved as a self-amortizing second mortgage. No payment is required under this type of loan as long as the project remains affordable for at least twenty years. The project will be complete by December 1997. As part of the financing for Country Acres Senior Residences, Kansas Affordable Housing, Inc. (KAH), a nonprofit subsidiary of Mennonite Housing Rehabilitation Services, Inc., entered into an agreement as general partner of Metro Senior Residences, L.P. who is the project developer. Mennonite Housing Rehabilitation Services, Inc. contributed to the limited partnership, through Kansas Affordable Housing, Inc., the site and development costs. The agreement allows Kansas Affordable Housing to be the recipient of the $200,000, 1996, HOME grant and lend the funds to Metro Senior Residences. The note is self-amortizing over a period of fifteen years with zero interest. These funds are part of the HOME CHDO set-aside allocation. Since the ultimate recipient of the funding is Metro Senior Residences, a subsidiary of an approved CHDO (Mennonite Housing), this remains an eligible CHDO expenditure under HOME regulations. Motion -- Knight moved that the agreement with Kansas Affordable Housing Corporation be -- carried approved and the Mayor be authorized to sign. Motion carried 7 to 0. REHAB AND HOME REPAIR DIVERSIFIED EDUCATIONAL TRAINING & MANUFACTURING COMPANY, INC., REHABILITATION AND HOME REPAIR PROGRAM. (District I) Agenda Report No. 97-594. On March 19, 1996, The City Council awarded 1996 Community Development Block Grant funds as part of the City's allocation of Consolidated Planning Grant Funds. The Council allocated $289,000 to the Human Services Department for a Rehabilitation and Investment Repair and Training program. The approval authorized the development and release of a Request for Funding Proposal (RFP) in the amount of $254,691 for job training and home repair. The balance of the funds are to be retained by the Human Services Department for administration of the program and Realtor services. The RFP was published on February 27, 1997 with a due date of March 26, 1997. A substantial mailing list was composed including for-profit and nonprofit organizations active in education and/or housing activities. A pre-proposal conference was held to answer questions and provide technical assistance to potential respondents. The RFP provided a ranked Selection and Evaluation Criteria. The criteria included qualifications for home rehabilitation management experience, construction licenses, education and life skills training program, teaching experience, job training/placement experience, financial condition and performance record, time frame for implementation and bonus points for minority ownership, staffing, participation and subcontracting. The highest possible score is 110 points. An eight member review committee was convened to evaluate and rank the proposals. There were only two respondents to the RFP, DETAMC and McFadden Construction. Both proposals were evaluated although the DETAMC response was much more complete. DETAMC has considerable experience in this activity and proposes to train and employ or place twelve students. The training includes a curriculum of life skill training, job preparation training, classroom home rehabilitation training and on-site experience. The CDBG funds will be augmented by Job Partnership Training Act funds. In addition, they will repair no less than eight houses. McFadden Construction proposed to repair five homes and train an unspecified number of students. The training component emphasizes on- the-job training. Students will work alongside professional staff and be assisted with job placement upon completion of their training. The DETAMC proposal received an average score of 85 and the McFadden proposal received an average score of 39. The review committee recommends the project be awarded to DETAMC. The City Council allocated CDBG funds in the amount of $289,000 to the Human Services Department for this program. The RFP portion of the award is $254,691. The balance of $34,309 will be used for Realtor services, property maintenance expense and administration. Homes repaired under this program must be sold to moderate and low-income households. Motion -- Knight moved that the Rehabilitation and Investment Home Repair Program be awarded to Diversified Educational, Training & Manufacturing Company, Inc., in the amount of $254,691; and staff be authorized to negotiate contract for the -- carried Mayor's execution. Motion carried 7 to 0. CDBG CONTRACT CDBG CONTRACT - PROJECT FREEDOM TRUANCY PROGRAM. Agenda Report No. 97-595. On March 4, 1997, the City council allocated a total of $25,000 in 1997/98 Community Development Block grant (CDBG) funds to Project Freedom Family and Youth Coalition, Inc., for an anti-truancy program designed to address at-risk youth in middle and high school who are in danger of dropping out of school. A contract has been negotiated with Project Freedom to implement the project. it is estimated a total of 240 low and moderate income at-risk youth will be served during the term of the contract which begins July 1, 1997 and ends June 30, 1998. The contract amount is $25,000 and is funded from 1997/98 Community Development Block Grant (CDBG) funds. Motion -- Knight moved that the contract be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. CDBG CONTRACT CDBG CONTRACT - MENNONITE HOUSING HOME REPAIR PROGRAM. Agenda Report No. 97-596. On March 4, 1997, the City Council allocated a total of $250,000 in 1997/98 Community Development Block Grant (CDBG) funds to Mennonite Housing, Inc. to provide home repair services for low income home owners. A contract has been negotiated with Mennonite housing, Inc. to implement the project. It is estimated a total of 300 low income home owners will be served during the term of the contract which begins July 1, 1997 and ends June 30, 1998. The contract amount is $250,000 and is funded fro 1997/98 Community Development Block Grant (CDBG) funds. Motion -- Knight moved that the contract be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. REDEVELOPMENT STUDY FINANCING FEASIBILITY AND REDEVELOPMENT STUDY. Agenda Report No. 97-606. Proposals are being considered for the redevelopment of the Century Plaza Hotel building. The City has been contacted relative to its position on approving a letter of intent for future industrial revenue bonding. Prior to any commitment, it was determined that a financial feasibility study be performed. To determine the feasibility of this project, a market or feasibility study is essential to determine appropriate financing involving industrial revenue bonds and other financing. PFK Consulting is available to perform this study and evaluate the feasibility of project. The Study can be completed for an amount not to exceed $9,000, plus expenses. The owner will reimburse the City for these expenses upon approval of the financial approvals. Temporary financing of this contract will be from appropriated reserve, General Fund. Motion -- Knight moved that the Feasibility Study be approved and the necessary signatures -- carried be authorized. Motion carried 7 to 0. CHANGE ORDER DRY CREEK INTERCEPTOR SEWER CHANGE ORDER. Agenda Report No. 97-597. The City currently has the Dry Creek Interceptor Sanitary Sewer under construction. This project will provide adequate sanitary sewer capacity to an area generally located between Harry and Ninth, from Oliver to Woodlawn. This project will reduce the number of basement backups during wet weather. The sanitary sewer project will replace the east half of the intersection of Waterman and Bleckley, which is currently in poor condition. The proposed change order would reconstruct the west half of the intersection. Funding for this change order would be from the street maintenance budget. The change order, at a cost not to exceed $20,130.00, will adjust the Contract Amount to $4,291,547.90. The CIP budgeted amount is $6,200,000.00. Motion -- Knight moved that the Change Order be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. BLOCK GRANT PROGRAM LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM. Agenda Report No. 97-598. The City has been notified that it is eligible to receive $610,837 in Federal funding from the Bureau of Justice Assistance Local Law Enforcement Block Grant Program. This program requires a 10% ($67,871) local cash match for a total program budget of $678,708. Grant funds are intended to help localities support projects that reduce crime and improve public safety. The deadline for submitting the grant application to the Bureau of Justice Administration is July 11, 1996, with funding awards anticipated in September 1997. In 1995, the City Council approved the Public Safety Initiative, a comprehensive plan of action to: 1) make Wichita safer through a reduction in crime; 2) provide high-quality police-community services; 3) ensure timely, effective follow-up investigations; and 4) institute accountability at all levels within the department. Along with the Public Safety actions directed to the Police Department, the City Council approved recommendations from its Municipal Court Task Force to improve court operations. The funding from this grant will be utilized to coordinate and link planned improvements in both departments as well as the Prosecutor's Office. Funding will also be used for crime prevention programs for youth. The total grant request is $678,708, with $610,837 funded by the Local Law Enforcement Grant and local funds contributing the 10% matching funds ($67,871). The local funding source is the Narcotics Seizure Fund. Motion -- Knight moved that the Grant application be approved and the necessary signatures -- carried be authorized. Motion carried 7 to 0. PROPERTY ACQUISITION ACQUISITION OF A PERMANENT EASEMENT FOR THE NORTHWEST WATER TRANSMISSION - PHASE II. (District V and VI) Agenda Report No. 97-599. The Northwest Water Transmission Project, approved by Council on July 18, 1995, requires the acquisition of fifty-three easements along the Northeast side of the Missouri Pacific Railroad which runs along Zoo Boulevard from ninth street to Interstate 235. The easements needed are located in the right of way easement granted to the railroad. The adjacent owners have a reversionary right to the right of way if it is ever abandoned. To perfect title, easements are required from the adjacent owners. The owner of one of these tracts (Tract #41) has signed and returned the easement form. The owners were offered $100 for the easement as the estimated market value of the reversionary easement is minimal. This is the only railroad line that directly serves the Hutchinson area; therefore, the probability of the abandonment of the right of way is minimal. The property owners have agreed to convey the easement to the City of Wichita for the offered amount. The Budget of $150 includes $100 for the acquisition, and $50 for filing fees. Twenty three tracts have already been acquired. After the purchase of these easements, 29 will remain to be acquired through either negotiation or eminent domain. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. EASEMENT ACQUISITION -EQUUS BEDS GROUNDWATER RECHARGE DEMONSTRATION PROJECT - HARVEY COUNTY. Agenda Report No. 97-600. 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 Harvey 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 permanent easements for the installation of piezometers on the Unruh farm for $1,000.00 per acre for 2.5 acres of land. The land is directly to the north and to the west of the 5 acre tract that has the injection well, test basins, and water treatment facilities. 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. A budget of $2,800.00 includes: $2,500.00 for acquisition, $300 for closing fees, recording costs, etc. Motion -- Knight moved that the budget and the Documents be approved; and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. DESIGNATION OF REDEVELOPER FOR LOT 2, BLOCK 2, BRIDGEPORT I. (District VI) Agenda Report No. 97-601. The City of Wichita, in the late 1970's, determined that there was insufficient heavy industrial land available for development within the Wichita city limits. Responding to the need, the City purchased property in the north Industrial Corridor through the Urban Renewal Act and redeveloped the land with new utility lines and streets in three light and heavy industrial parks to serve new and existing businesses. Kruse Sheet Metal Contractors, Inc., a manufacture of various sheet metal products, who also performs architectural sheet metal services, mechanical contracting, and service and maintains restaurant equipment, HVAC equipment, and plumbing. Kruse Sheet Metal Contractors, Inc. was founded in August 1994 with three employees. Employment has increased substantially over the last three years from the three owners to the present 33 employees with anticipated continued growth. Kruse Sheet Metal is proposing to purchase Lot 2, Block 2, Bridgeport Industrial Park I Addition for $97,297.00, $.74 per sq. ft., plus pay remaining special assessments of $42,706.90, $.23 per sq. ft., over the remaining life of the specials for a total price of $.97 per sq. ft., the City's list price for property in Bridgeport I. Kruse is also requesting Council approve a 90-day purchase option on Lot 1, Block 2, Bridgeport Industrial Park I, for $74,226.44, $.74 per sq. ft., and pay remaining special assessments of $23,070.38, the City's list price. The option on Lot 1 will expire September 31, 1997. Kruse Sheet Metal is also are requesting the City indemnify the properties from any existing soil or underground water contamination and provide a Certificate of Release under the 29th and Mead certification program. Kruse proposes to construct a 15,000 - 19,000 sq. ft. manufacturing facility that would also contain 3,000 to 4,000 sq. ft. of office space on Lot 2 and hold Lot 1 for future expansion. The sale price including specials is $.97 per sq. ft. The proposed offer will provide funds of $97,297.00 which will be used to pay the City's costs including selling, advertising, maintenance and closing expenses on the sale of the property. Remaining funds will be used in the City's CDBG program in accordance with URA requirements. A 6% broker commission will be provided to Branson & Associates for the sale of this property. Motion -- Knight moved that Kruse Sheet Metal Contractors, Inc., be designated redeveloper for Lot 2, Block 2, Bridgeport Industrial Park I Addition; the Contract be approved and the mayor be authorized to sign the necessary documents. Motion -- carried carried 7 to 0. ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 420 SOUTH SENECA FOR THE MAPLE AND SENECA IMPROVEMENT PROJECT. (District VI) Agenda Report No. 97-602. The Maple and Seneca Improvement Project, approved by Council on August 20, 1996, requires the acquisition of twenty-two (22) partial takes. One of these tracts is Tract #7 which is owned by United Distributors Inc. and is more fully described on the attached tract map and legal description. The subject tract contains approximately 2,650 square feet and is improved with a commercial building. The property was appraised by Roger Turner Company and a value of $9,275 was established for the taking. The owner has agreed to sell the property for the appraised value. The Budget of $9,475 includes $9,275 for the acquisition, and $200 for closing costs. This is the eleventh tract acquired for the project. After the purchase of this property, eleven (11) will remain to be acquired through either negotiation or eminent domain. A budget of $42,558 has already been approved or is under consideration for the previously acquired tracts. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 406 SOUTH SENECA FOR THE MAPLE AND SENECA IMPROVEMENT PROJECT. (District VI) Agenda Report No. 97-603. The Maple and Seneca Improvement Project, approved by Council on August 20, 1996, requires the acquisition of twenty-two (22) partial takes. One of these tracts is Tract #8 which is owned by Fran-Mar Investments Inc. and is more fully described on the attached tract map and legal description. The tract contains approximately 1,450 square feet and is improved with a commercial building. The property was appraised by Roger Turner Company and a value of $5,075 was established for the taking. The owner has agreed to sell the property for the appraised value. The Budget of $5,175 includes $5,075 for the acquisition, and $100 for closing costs. This is the tenth tract acquired for the project. After the purchase of this property, twelve (12) will remain to be acquired through either negotiation or eminent domain. A budget of $37,383 has already been approved or is under consideration for the previously acquired tracts. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 510 SOUTH SENECA FOR THE MAPLE AND SENECA IMPROVEMENT PROJECT. (District VI) Agenda Report No. 97-604. The Maple and Seneca Improvement Project, approved by Council on August 20, 1996, requires the acquisition of twenty-two (22) partial takes. One of these tracts is Tract #4 which is owned by Malvern W. Crawford and Lorene F. Bernhardt and is more fully described on the attached tract map and legal description. The tract contains approximately 562.5 square feet and is improved with a duplex. The taking will not impact the improvements. A formal appraisal of the property was not performed; however, a value of $1,125 for the site was established based on market comparables and appraised values of other tracts in the project. The owner has agreed to sell the property for $2,250. Because of the cost of eminent domain, acceptance of the offer is recommended. The Budget of $2,300 includes $2,250 for the acquisition, and $50 for closing costs. This is the ninth tract acquired for the project. After the purchase of this property, thirteen (13) will remain to be acquired through either negotiation or eminent domain. A budget of $35,083 has already been approved or is under consideration for the previously acquired tracts. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. ACQUISITION OF A PORTION OF PROPERTY LOCATED AT 303 SOUTH SENECA FOR THE MAPLE AND SENECA IMPROVEMENT PROJECT. (District VI) Agenda Report No. 97-605. The Maple and Seneca Improvement Project, approved by Council on August 20, 1996 requires the acquisition of twenty-two (22) partial takes. One of these tracts is Tract #14 which is owned by Gladys B. Shepherd. The tract contains approximately 225 square feet and is improved with a duplex. The taking will not impact the improvements. A formal appraisal of the property was not performed; however, a value of $450 for the site was established based on market comparables and appraised values of other tracts in the project. The owner has agreed to sell the property for $1,282.50. Because of the cost of eminent domain, acceptance of the offer is recommended. The Budget of $1,332.50 includes $1,282.50 for the acquisition, and $50 for closing costs. This is the Twelfth tract acquired for the project. After the purchase of this property, ten (10) will remain to be acquired through either negotiation or eminent domain. A budget of $52,033 has already been approved or is under consideration for the previously acquired tracts. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. ORDINANCES SECOND READING ORDINANCES. (First reading July 1, 1997) a. United Machine Company. (District I) ORDINANCE NO. 43-520 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 United Machine Company, Inc., so exempted, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. Declaring Seneca a Main Trafficway (Pawnee to Kellogg). (District IV) ORDINANCE NO. 43-521 An Ordinance declaring Seneca Street, from Pawnee to Kellogg (472-82847) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. c. Zone Change Z-3169 (North of Lincoln and West of Washington). (District VI) ORDINANCE NO. 43-522 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z-3169 d. Zone Change SCZ-0728 (North of Maple and East of 135th Street West). (District V) ORDINANCE NO. 43-523 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. SCZ-0728 e. Zone Change Z-3195 (North of 19th Street North and East of Tyler Road). (District V) ORDINANCE NO. 43-524 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z-3195 f. Zone Change Z-3222 (North of 13th Street North, West Side of Ridge Road). (District V) ORDINANCE NO. 43-525 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z-3222 g. Zone Change Z-3231 (North of Orme, East of Lightner, West of Lexington). (District II) ORDINANCE NO. 43-526 An Ordinance changing the zoning classifications or districts of certain Lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z-3231 h. Zone Change Z-3177. ORDINANCE NO. 43-527 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Z-3177 PLANNING AGENDA Marvin Krout Director of Planning stated that Items 22, 25-29, and 32 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 22, 25-29, and 32 be approved as -- carried consensus Items. Motion carried 7 to 0. S/D 96-6 S/D 96-6 - PLAT OF QUIKTRIP 7TH ADDITION LOCATED NORTH OF PAWNEE AND WEST OF (Item No. 22) MERIDIAN. (District IV) Agenda Report No. 97-607. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve plat. (Unanimously) This plat involves a replat of portions of lots in the Southwest Industrial Addition. The applicants have privately extended all utilities to this site and have also closed one access point along Pawnee. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Motion -- Knight moved that the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. S/D 97-25 S/D 97-25 - PLAT OF BRADFORD 3RD ADDITION LOCATED ON THE SOUTHWEST CORNER OF 29TH (Item No. 23) STREET NORTH AND TYLER ROAD. (District V) Agenda Report No. 97-608. Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (Unanimous) This site has approval for "TF-3", Two-Family Residential and "LC", Limited Commercial, subject to platting. (Z-3234) Petitions, all 100 percent, have been submitted for traffic, water and sanitary sewer improvements. A Certificate of Petitions has also been submitted. In order to provide for maintenance and ownership of Reserves, the applicant has submitted a restrictive covenant. This restrictive covenant also requires four (4) off-street spaces be provided for each lot adjacent to narrow streets. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Restrictive Covenant for Lots 1-19, Block 1, and Lots 1-14, block 2, Bradford North third Addition. 100 Percent Petition for construction of Water Distribution System Number 448-89169 (south of 29th, west of Tyler) ($170,000 40% SA, 60% Water Utility Improvement Fund) 100 Percent Petition for construction of Water Distribution System Number 448-89170 (south of 29th, west of Tyler) ($75,000 S.A.) 100 Percent Petition for construction of Lateral 128, Westlink Sewer (south of 29th, west of Tyler) Project No. 468-82749 ($157,000 S.A.) 100 Percent Petition for improving of Meadowpark from the south line of 29th Street North to the west line of Tyler Road; Meadowpark Courts from west line of Meadowpark to and including cul-de-sac, and from north line of Meadowpark to and including cul-de-sac, Project No. 472-82852 (south of 29th, west of Tyler) ($367,000 S.A.) Motion -- Ferris moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-97-223 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89169 (south of 29th, west of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-224 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89170 (south of 29th, west of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-225 Resolution of findings of advisability and Resolution authorizing construction of Lateral 128, Westlink Sewer (south of 29th, west of Tyler) Project No. 468-82749 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-97-226 Resolution of findings of advisability and Resolution authorizing improving of Meadowpark from the south line of 29th Street North to the west line of Tyler Road; Meadowpark Courts from west line of Meadowpark to and including cul-de-sac, and from north line of Meadowpark to and including cul- de-sac, Project No. 472-82852 (south of 29th, west of Tyler) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. DR 97-6 PORTION OF DR 97-6 - PROPOSED AMENDMENTS TO THE UNIFIED ZONING CODE CONCERNING (Item No. 24) COMMUNICATION TOWERS. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-609. Staff Recommendation: Approve amendments as proposed by MAPC MAPC Recommendation: Approve amendments (8 to 1 in favor) As part of the proposed amendments to the Unified Zoning Code being considered by the Metropolitan Area Planning Commission, the Planning staff prepared proposed amendments concerning commercial communication towers and the development standards for these facilities. The MAPC included consideration of these amendments in the public hearings that began on May 15, 1997. The towers amendments were then separated from the other amendments on mobile homes and platting exemptions and considered by the MAPC at hearings held on May 29, 1997, and finally on June 12, 1997, when a final recommendation was made. Over the past several months, Planning staff has made presentations to the MAPC, City Council, and CPO Councils on the towers issue, discussing the nature of the wireless telephone technology and industry, the present and projected number of towers resulting from the new industry growth, current local regulations and the limitations on additional restrictions on the industry due to the federal law, and the issues being considered in the proposed amendments now before the City and County. In addition to the public hearings identified earlier, the MAPC held a special workshop on May 29, 1997, with representatives of the four wireless communication companies (Southwestern Bell Mobile, Cellular One, SPRINT Spectrum and Omnipoint), USD 259 (which is building a system of microwave towers), and a local tower builder. No comments were offered at the public hearing that followed the workshop, but the comments made at the workshop were transcribed and attached. Also, written comments were received from the Wichita Area Realtors Association prior to the second hearing. The amendments to the Unified Zoning Code, as recommended by the MAPC, include the following changes: 1. Prohibiting strobe lights, nighttime or daytime, unless approved by the Board of Zoning Appeals as a variance. The current standards prohibit nighttime strobe lights, but do permit dual light systems with daytime strobes and nighttime red flashing lights. Public comment in past hearings have consistently claimed that strobe lights, day or night, are visual intrusions and not wanted. 2. Clarifying that in order to get a permit to build a new tower, the applicant must demonstrate to the Zoning Administrator there is no available and suitable space to lease on existing or approved towers or other structures. The current wording only applies to existing towers. The proposed wording extends the requirement to include towers which are approved but not yet constructed, as well as buildings, water towers, light poles, and other structures. 3. Rebuilding : The proposed new regulations require the applicant desiring to build a new tower to also prove there is no feasible opportunity to rebuild or alter an existing tower or other structure at another location to accommodate the communication aerial and related equipment. Furthermore, the owner of the land and the new tower owner must permit another party in the future the opportunity to rebuild the new tower to accommodate an additional provider at that location. 4. Co-location : The current code requires the applicant requesting to build a new tower to acknowledge that the tower is designed to accommodate at least 2 communication systems. The proposed amendments will increase that number to a minimum of 3 communication systems. 5. The provision requiring the removal of unused towers is proposed to be changed to reduce the time frame that the tower is unused from 24 months to 12 months. This provision also announces to the landowner that he is responsible for the removal and may be subject to lien if the city or county is forced to remove the tower. 6. Compatibility standards : An amendment is recommended that addresses the setback requirements for taller structures including communication towers. The intent is to close a potential loophole on the height limitations when there is an intervening ownership or different zoning district between the site for the proposed tower or structure and a nearby, low- density, residential zoning district. One member of the MAPC voted no because he felt that he needed additional technical information. Other members of the MAPC recognized this is a very complicated and constantly evolving issue which may warrant additional amendments in the future, but the amendments proposed now will help in mitigating impacts associated with the impending construction of additional communication towers in the city and county. After the MAPC recommendation, staff sent the recommendations to the tower and wireless telephone interests for any comments prior to the governing bodies consideration of these amendments. We have received one comment from an industry consultant suggesting the Unified Zoning Code be further amended to allow a communication tower in the LC Limited Commercial District with a Conditional Use. (Currently, towers are only allowed in General Commercial and Industrial districts by right, and in the rural unincorporated area of Sedgwick County by a Conditional Use.) He claims there is land in the LC district inside the City which would be acceptable to planners. It is recommended the limitation remain as is. LC land is generally closer to residential areas and less likely to be acceptable to planners or neighbors. Where an acceptable site is identified, it would make very little difference whether the applicant filed to rezone the property from LC to GC to accommodate the tower versus filing for a conditional use permit. Depending on how it is drafted, a new conditional use permit provision might provide a way to bypass the compatibility standards regarding height/setbacks, and this would not be appropriate in staff s opinion. Even if compatibility standards are maintained, changing the process to a conditional use may send the wrong signal to the industry about where they can expect to build new towers. This is an amendment to the Unified Zoning Code that will affect properties both inside the city limits and in the unincorporated area of Sedgwick County. Both the City Council and the Sedgwick County Commission will need to approve the amendments in order for them to be in full effect. Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Motion -- Cole moved that the proposed amendments to the Unified Zoning Code be approved as recommended by the MAPC and the ordinance be placed on first reading. Motion -- carried carried 7 to 0. ORDINANCE An Ordinance providing amendments to Section III.D.6.g; Section IV.C.2; Section IV.C.3; and Section IV.C.4 of the Wichita-Sedgwick County Unified Zoning Code (February 13, 1997, edition), as adopted by reference in City of Wichita Code Sec. 28.04.010, dealing with standards for commercial communication towers and compatibility standards for structures, introduced and under the rules laid over. D-1715 D-1715 - DEDICATION OF A UTILITY EASEMENT LOCATED SOUTH OF WEST DOUGLAS AVENUE (Item No. 25) AND WEST OF BYRON AVENUE. Agenda Report No. 97-610. MAPC Recommendation: Accept the dedication. In order to extend sanitary sewer to a building site being created by a lot split (L/S-0949), City Engineering required the establishment of these utility easements. The dedication has been reviewed and approved by the Planning Commission. Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. D-1716 D-1716 - DEDICATION OF A UTILITY EASEMENT IN AN AREA WEST OF SENECA AND 1/2 MILE (Item No. 26) SOUTH OF MACARTHUR ROAD, NEAR 42ND STREET SOUTH. (District IV) Agenda Report No. 97-611. MAPC Recommendation: Accept the dedication. In order to extend sanitary sewer to a building site being created by a lot split (L/S-0947), City Engineering required the establishment of this utility easement. The dedication has been reviewed and approved by the Planning Commission. Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. D-1718 D-1718 - DEDICATION OF A UTILITY EASEMENT LOCATED NORTH OF KELLOGG AND WEST OF (Item No. 27) MAIZE ROAD. (District V) Agenda Report No. 97-612. MAPC Recommendation: Accept the dedication. As a requirement of an approved Lot Split (L/S-0943), City Engineering required this additional 2 foot easement, to bring the total easement along these two parcels to the 10 foot standard. The dedication has been reviewed and approved by the Planning Commission. Motion -- Knight moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 7 to 0. A 97-17 A 97-17 - REQUEST BY KGE TO ANNEX PROPERTY ADJOINING THE CITY GENERALLY LOCATED (Item No. 28) ON THE NORTH SIDE OF 29TH STREET NORTH AND EAST OF TYLER ROAD. (District V) Agenda Report No. 97-613. Randy Degenhardt of KGE has requested that KGE property located on the north side of 29th Street North and east of Tyler Road be annexed into the City of Wichita. The property to be annexed is bordered by Wichita on the north, east and west. This parcel of land was platted in 1989 as the Northwest Substation Addition. A special use permit was granted by the Sedgwick County Board of Commissioners on February 15, 1989, Case No. DR 88-14. The applicant now intends to construct an electrical substation in order to meet the growing electrical demand in northwest Wichita. Land Use and Zoning: The site is currently undeveloped and zoned "SF-20" Single Family Residential under the Wichita-Sedgwick County Unified Zoning Code, and will convert to the City's "SF-6" Single Family Residential district upon annexation. All adjoining City land is currently zoned "SF-6" and all adjoining County land is currently zoned "SF-20." Public Services: The City Engineer's office indicates that city water and sewer service are currently available to serve this developing area, however they will not be necessary for the substation. The Wichita Fire Department indicates fire protection can be extended to the requested annexation area with an approximate 5 minute response time by the City Fire Station No. 16, located at 1632 N. Tyler. This property fronts on 29th Street north, which is unpaved in front of this property and maintained by Sedgwick County. City maintenance of existing paving on 29th Street begins approximately 600 feet east of this property. 29th Street, in this area, is not scheduled to be upgraded in the City or County's Capital Improvement Program (CIP). Urban Growth Area & Policy 32: This property is located within the urban growth area of the City of Wichita as delineated by the Comprehensive plan for the metropolitan area, and is also inside the Policy 32 urban service area. The annexation will help make the city boundary straighter (along 29th Street) and more easily recognizable. On the basis of the foregoing information, the annexation of this property does not appear to result in future extraordinary expenses to the City-at-large. The property is eligible for annexation under K.S.A. 12-520 (7) of State Law. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A-97-17 Z-3152 PLATTING EXTENSION FOR PROPERTY BEING REZONED (Z-3152) FROM "LC" LIMITED (Item No. 29) COMMERCIAL TO "SF-6" SINGLE-FAMILY RESIDENTIAL AND "TF-3" TWO-FAMILY RESIDENTIAL AND FROM "SF-6" SINGLE-FAMILY RESIDENTIAL TO "TF-3" TWO-FAMILY RESIDENTIAL GENERALLY LOCATED AT THE NORTHEAST AND NORTHWEST CORNERS OF PAWNEE AND MAIZE ROAD. Agenda Report No. 97-614. Staff Recommendation: Grant a platting extension to January 31, 1998. Original zone change was approved by the City council on January 31, 1995. On January 30, 1996, the applicant was granted an administrative extension to January 31, 1997. Additional time extension for platting has been requested siting a slowed development pattern as the reason. Motion -- Knight moved that a platting extension be granted to January 31, 1998;provided, however, that should a plat of this property not be recorded by that date, the zone change and CUP amendment shall be considered denied and closed. Motion -- carried carried 7 to 0. Z-3233 Z-3233 - REQUEST FOR ZONE CHANGE FROM "SF-6" SINGLE-FAMILY RESIDENTIAL TO "MH" (Item No. 30) MANUFACTURED HOUSING LOCATED NORTH OF 55TH STREET, ONE-HALF MILE WEST OF SENECA. (District IV) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-615. MAPC Recommendation: Approve, subject to platting (11-1). Staff Recommendation: Approve, subject to platting within 1 year. CPO Recommendation: Deny (7-1). The applicant requests a zone change from "SF-6" Single- Family Residential to "MH" Manufactured Housing on an unplatted 20 acre site located north of 55th Street South, one- half mile west of Seneca for the development of a mobile home park. The site has been used for agricultural purposes. The site plan submitted for this case shows access to the proposed Eagles Nest mobile home park from 55th Street South. The plan shows a 35 foot loop street serving 75 total spaces averaging 8,700 square feet. There is an area located at the northeast corner of the park shown as an open space and recreation site with two buffer strips located along the eastern and western edges of the development. The office and storm shelter are located near the entrance of the proposed development. The total density for the site is approximately 3.75 dwelling units per acre. Areas immediately to the east and north of the proposed park, zoned SF-6" and owned by the Board of Park Commissioner of the City of Wichita, are currently undeveloped, heavily wooded, and contain several ponds. There is a single-family subdivision located approximately 700 feet northeast of the application area. There is a single-family residence on unplatted property zoned "SF-20" Single-Family Residential located to the south of the application area. Campus High School is located on property zoned "SF-20" approximately 1,200 feet west of the proposed mobile home park, with the land in between the school and the proposed mobile home park currently undeveloped and owned by the Board of Education of USD #261. During the Planning Commission's discussion of this matter on June 12, 1997, questions concerning the lack of a response from the school district and Park Department were asked by the Commission. Notices were sent to both groups, but no responses have been received to date. The applicant discussed the site design of the proposed mobile home park, but questioned staff s statement that sidewalks would be a requirement for site plan approval. The agent for the applicant cited a section in Chapter 26 of the City Code that states sidewalks are optional in parks and disagreed with staff s opinion that the option lay with the Director of Planning and not with the applicant. After the discussion, the MAPC voted (11-1) to approve the request, subject to platting, as recommended by staff. The dissenting voter expressed a concern with the proposed location of the storm shelter and recreation area. CPO 4 met the evening of the MAPC hearing. Several area property owners expressed concern about the school and traffic impacts of this proposed development, and the CPO voted 7-1 to deny. Council Member Gale Council Member Gale said that although there are some concerns of impact, the zoning change would not have any influence as this is now single family trying to be changed to manufactured housing. There are concerns including the character of the neighborhood with the park and the school. Council Member Gale said he would be making a motion to send this back to the MAPC for the Planning Commission and Staff to look at the over- all picture of the development in the area and a comprehensive look as concerns single-family and mobile homes as there is some land within about 1/2 mile that is zoned manufactured housing and is still not completely utilized. There are also buffering and density issues that the MAPC might look at. The plans look well thought out and the density proposed is very low but the MAPC and Staff could work with the applicant and, perhaps, overlay with the density. There are also plans on groundwater that will be coming back soon that will also look at the area regarding the suitability of single-family housing. Motion -- Gale moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the Item be sent back to the MAPC for reconsideration for the following reasons: a. Concerns including the character of the neighborhood with park and school. b. MAPC and Staff to look at the over-all picture of the development in the area and a comprehensive look as concerns single- family and mobile homes as there is some land within about 1/2 mile that is zoned manufactured housing and is still not completely utilized. c. Buffering and density issues. d. MAPC and Staff could work with the applicant and, perhaps, overlay with the density. e. There are also plans on groundwater that will be coming back soon that will also look at the area regarding the suitability of single-family housing. -- carried Motion carried 7 to 0. Council Member Kamen Council Member Kamen asked that, when this Item is brought back, a definition of manufactured housing be provided. Z-3234 Z-3234 - REQUEST FOR ZONE CHANGE FROM "SF-6" SINGLE-FAMILY RESIDENTIAL AND "LC" (Item No. 31) LIMITED COMMERCIAL TO "TF-3" TWO-FAMILY (15.3 ACRES) AND "LC" LIMITED COMMERCIAL (0.29 ACRES), LOCATED SOUTH OF 29TH STREET NORTH AND WEST OF TYLER ROAD. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-616. MAPC Recommendation: Approve, subject to platting (12-0). Staff Recommendation: Approve, subject to finalizing platting within 1-year. CPO Recommendation: Defer (4-3). The applicant requests a zone change to "TF-3" Two-Family Residential & "LC" Limited Commercial from "SF-6" Single-Family Residential & "LC" Limited Commercial for approximately 15.6 total acres currently being platted as Bradford North 3rd Addition, located south of 29th Street North and west of Tyler Road. The subject property contains the standard 600 foot by 600 foot "LC" zoning at the intersection, with the balance of the site currently zoned "SF-6". The applicant is seeking a reconfiguration of the _LC_ zoning along the eastern portion of the site. They are specifically asking to down-zone about 4 acres from "LC" to "TF-3", and up-zone about 0.3 acres from "SF-6" to "LC". There would be 33 lots permitting duplexes and 3 commercial lots fronting on Tyler. The proposed plat shows commercial pad sites abutting five of the residential lots to the west and is separated by a proposed wall (plat shows a 5 foot wall easement), and three additional residential lots to the south separated by a collector street and a reserve area. A wall is not required by the zoning code, however, only a fence. The platting of the reserve does not dictate that landscaping will effectively screen the lots to the south. However, the ownership of the commercial and residential lots is one and the same. The plat also shows complete access control except for two openings serving the commercial lots along 29th Street and Tyler. The subject property is in a developing residential area, with the majority of the property zoned "SF- 20" Single-Family Residential to the north and _RR_ Rural Residential to the east. The application area is separated from the Bradford North 2nd Addition, located south and west of the application area on property zoned "SF-6", by a series of utility easements running southeast to northwest. Property at the northeast corner of 29th Street North and Tyler Road was recently approved by the MAPC for "TF-3" zoning. The CPO voted 4-3 to defer the request "due to lack of information relative to the applicant's intentions regarding development of the subject property." The applicant's agent was not able to provide specific information on specific plans for, or value of the duplex units. Two property owners expressed concerns with rental housing and traffic, although this request is reducing the potential commercial acreage by two-thirds. During the Planning Commission's discussion of this matter on June 12, 1997, questions concerning the scheduling of road improvements along Tyler Road and 29th Street North were asked by the Commission. The agent for the applicant stated that a duplex development at this location would provide an appropriate transition from the commercial lots at the intersection and the larger single- family subdivision to the southwest. After the discussion, the MAPC voted (12-0) to approve the request, subject to platting, as recommended by staff. Motion -- Ferris moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 7 to 0. Z-3235 Z-3235 - REQUEST FOR ZONE CHANGE FROM "B" MULTI-FAMILY RESIDENTIAL TO "GO" (Item No. 32) GENERAL OFFICE, LOCATED SOUTH OF 13TH STREET NORTH, EAST OF CLEVELAND. Agenda Report No. 97-617. MAPC Recommendation: Approve (12-0). Staff Recommendation: Approve. CPO Recommendation: Approve (7-0). The applicant requests a zone change from "B" Multi- Family Residential to "GO" General Office for a 0.30 acre tract located in an area south of 13th Street North on the east side of Cleveland. The subject property is bordered by 0.47 acres of GC General Commercial zoning to the north and northeast that is owned by the applicant, with B Multi-Family Residential zoning to the east, south, and west. Properties to the north and northwest are currently undeveloped, with several homes located to the east, west and south of the site. The application area has access to Cleveland, a local street, approximately 200 feet south of 13th Street North. Access is limited to right-turn in and out at the intersection of Cleveland and 13th Street. The applicant is currently developing the commercial property to the north for a used car business, with the subject property being used for his business offices. The existing brick triplex will be renovated to accommodate the office use. The requested zone change would provide a zoning buffer between the car lot to the north and the residential zoning and uses to the south. During the Planning Commission's discussion of this matter on June 12, 1997, Commissioners questioned staff on why the MAPD did not recommend approval of NO Neighborhood Office zoning instead of GO General Office. Staff indicated that the applicant expressed an interest in developing a portion of the office building for use as a barber shop in the future, which would require GO zoning in addition to obtaining approval of a Conditional Use permit. The applicant stated that he intends to renovate the existing triplex for use as an office for his car business and his financial services business. After the discussion, the MAPC voted (12-0) to approve the request, as recommended by staff. Prior to the MAPC hearing, CPO 1 considered the request and voted (7-0) to recommend approval. One homeowner living on Matthewson spoke in opposition to the proposed car business; however, it was explained to him and the CPO that the car business was being planned on property that was already zoned ("GC") to accommodate that use. The applicant responded to questions about security and indicated that he would comply with all the City's requirements for screening, landscaping, and lighting. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. 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-3235 Z-3237 Z-3237 - REQUEST FOR ZONE CHANGE FROM "GO" GENERAL OFFICE TO "LC" LIMITED (Item No. 33) COMMERCIAL ON PROPERTY GENERALLY LOCATED WEST OF RIDGE ROAD, NORTH OF MAPLE. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-618. MAPC Recommendation: Deny "LC" zoning; approve "NR" with the additional provisions of a P-O Protective Overlay District (10-1). Staff Recommendation: Deny "LC" zoning; approve "NR" with the additional provisions of a P-O Protective Overlay District (10-1). CPO Recommendation: Deny (6-1). The applicant requests a zone change from "GO"General Office to "LC" Limited Commercial on a 1.60 acre platted tract located north of Maple and west of Ridge Road. The applicant intends to rezone in order to sell the property for commercial development. The surrounding area is characterized by a mixture of residential uses, commercial uses, and undeveloped property zoned for office and commercial uses. The subject property is located north of an existing Texaco convenience store, located at the northwest corner of Maple and Ridge Road, and a Horton s carpet store, located at the northeast corner of Brunswick Avenue and Maple. Both properties to the south are zoned LC Limited Commercial. The application area has been zoned GO since 1981. The subject property is bordered by two single-family residential homes to the north and several on the west side of Brunswick. The subject property currently has complete access control to Brunswick and the applicant indicates that the access controls would be maintained, and is permitted one opening along Ridge Road. In order to buffer the commercial property to the south from the nearby residential homes, the applicant in that case (Z-3167) volunteered a restrictive covenant to restrict the uses permitted on the property to 'OC' Office Commercial ( NR ) and carpet showrooms and establish a 35 foot building setback requirement along Maple. The applicant also volunteered to place a wrought iron fence and a 20 foot landscape buffer with solid screening of evergreen trees along Brunswick and construct a wood fence along the north side of their application area. That restrictive covenant also agreed to ground or pole signs along Maple being restricted to the requirements of the BB Office District ( GO ) - or 32-square feet of gross surface area for a single tenant. CPO 5 members heard from 6 area citizens who expressed concerns about the zoning request, the development of the carpet store, and the condition of the vacant lot. Most of the citizens expressed a preference for a screening wall along Brunswick. The CPO voted 6-1 to deny"LC", but approve "NR" with the restrictions recommended by staff. During the Planning Commission's discussion of this matter on June 12, 1997, the Commissioners questioned staff on their recommendation for "NR" Neighborhood Retail zoning and the various elements of the Protective Overlay. Staff stated that the Protective Overlay was a continuation of the restrictions placed on the Horton's carpet store located to the south of the subject property and the MAPD was opposed to the "LC" zoning due to the fact that that district would allow the site to develop with a fast food restaurant in close proximity to several residences. The agent for the applicant stated that there were no neighbors opposed to the zoning request, and that the applicant would be willing to install a masonry wall along the property lines were adjacent to residential zoning. After the discussion, the MAPC voted (6-5) to deny the request for "LC" zoning, as recommended by staff, and then voted (10-1) to approve "NR" Neighborhood Retail with a Protective Overlay providing additional landscaping and fencing requirements, access controls, height restrictions, and lighting and signage limitations, as recommended by staff. Motion -- Ferris moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions (including provision of a Protective Overlay District that would include the elements included in the letter along with the screening wall), and the Ordinance be placed on first reading with publication withheld until the Petition for the extension of the left turn was submitted to the City Engineer. Motion carried -- carried 7 to 0. 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-3237 Motion -- Knight moved that the rules be set aside and appointments be considered. Motion -- carried carried 7 to 0. (The City Council proceeded with additional Boards/Commissions appointments. Action is shown with the appointments on Item No. 6) EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation, potential litigation, AND legal advice; and the regular meeting be resumed no sooner than 11:50 a.m. in the City -- carried Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 10:45 a.m. and reconvened in regular session at 12:05 p.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 12:05 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 164 JULY 8, 1997 Page 1