MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, January 9, 1996 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Gale, Rogers; present. *Council Members Ferris, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Patricia L. Burnett, Deputy City Clerk; present. The invocation was given by Rev. René Minshew, First Presbyterian Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Consensus of the Council was that, in accordance with usual procedure, there will not be a City Council meeting on Tuesday, January 16, 1996, following the holiday honoring Dr. Martin Luther King, Jr. *Council Member Kamen present. Minutes -- The minutes of the special meeting of December 28, 1995, were -- approved approved 6 to 0. (Ferris absent) AWARDS AND PRESENTATIONS Mayor Knight presented Distinguished Service Citations to those present. *Council Member Ferris present. The "National Night Out" Award was accepted by the Wichita Police Department on behalf of the City of Wichita. "Pride of the City" Award - Moore Labels, Inc. OFF AGENDA ITEM CORE AREA - BROADVIEW HOTEL PROJECT. Council Member Cole momentarily absent. Motion -- Knight moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 7 to 0. Mayor Knight Mayor Knight asked the Council's backing in requesting that Council Members Cole and Ferris take over negotiations on the Broadview Hotel. The Broadview is a critical lodging facility to the future of Wichita and it is critical that a path to restoring the hotel be found. Council Members Cole and Ferris indicated a willingness to accept the assignment. Motion -- Knight moved that Council Members Cole and Ferris be authorized to represent the -- carried City of Wichita in negotiations on the Broadview Hotel. Motion carried 5 to 0. Cole, Ferris; abstained. PUBLIC AGENDA COMMENTS BY MELVIN J. AST. Mr. Ast was not present. COMMENTS BY CARL COFFMAN. Carl Coffman Carl Coffman, owner and resident of the house at 1448 S. Handley, asked that he be allowed to continue business at this address. The house, vacant mobile home, and premise at 1448 S. Handley are in violation of numerous building, housing, zoning, and environmental health codes. Although in a "C" Commercial zoning district, the property is primarily residential and directly abuts other single-family residences. There have been open cases on violations since December 1994 and on October 30, 1995, Mr. Coffman was fined $500 on each charge and $62 in court costs. Mr. Coffman has appealed the Municipal Court decision to the District Court and a hearing is scheduled for February 22, 1996. Gary Rebenstorf Director of Law said the Public Agenda is not appropriate for discussion of matters in litigation and this matter should not be considered for action. COMMENTS BY EVA WOODHEAD. Eva Woodhead Eva Woodhead said she received a ticket for violating the handicap parking ordinance by not placing the handicap sticker in the window. Ms. Woodhead said some businesses have a sign that indicates the fine is $50 rather than $100; and, the $100 fine is excessive for someone "forgetting" to put the permit in the window. Gary Rebenstorf Director of Law said the $50 signs are old and should be removed. Mayor Knight Mayor Knight stated that the $100 fine was in response to the recommendation from the Commission on the Status of People with Disabilities which said the ordinance should be applicable to everyone. It was also recommended that Ms. Woodhead contact the Commission on the Status of People with Disabilities to let them know how she feels. ADDENDUM ITEM COMMENTS BY LOUIS V. WELBORN. Louis V. Welborn Louis V. Welborn said, regarding the Hyatt Regency Hotel, that using tax dollars to invest in the Hotel is a direct conflict against the investor. Tax dollars should be used to inspire others to come to the City. Council Member Ferris Council Member Ferris explained that only the taxes paid by the Hyatt Regency will be used for the Hyatt Regency. Louis V. Welborn Mr. Welborn praised the City structure and streets and highways. NEW BUSINESS PETITION PETITION FOR STORM WATER DRAIN TO SERVE PAWNEE AND WEST INDUSTRIAL PARK ADDITIONS, NORTH OF PAWNEE, WEST OF WEST STREET. (District IV) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-001. On November 8, 1994, the City Council approved a storm water drain petition to serve Pawnee and West Industrial Park Addition. Part of the addition was subsequently replatted into Pawnee and West Industrial Park 2nd Addition. An attempt to award a construction contract within the budget set by the petition was not successful. A new petition has been submitted which represents 74% (one of four ownerships) of the improvement district area. One of the non-signers contends that his property, the south 726' of Lot 4, should be removed from the improvement district because it will not drain to the new structure. CPO Council 4 considered the petition on December 14, 1995. The Council voted 5-0 to recommend approval of the petition but that Lot 4 be excluded from the improvement district. Staff has reviewed the drainage records to determine whether Lot 4 should be in the improvement district. The drainage concept plans for the original Pawnee and West Industrial Park Addition, as well as the replat, indicate that the majority of the drainage from the parcel, when developed, should be directed to the new drainage system. In addition, the property was included in the original improvement district to pay a portion of the project cost. As a result it is recommended that the property not be removed from the improvement district. The original petition totaled $20,000. The new petition totals $40,000. The funding Source is Special Assessments. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Roger Bowles Roger Bowles, OK Holdings, asked to be withdrawn from the assessment district. The $6,000 is a burden OK Holdings would like to be relieved of. Gary Rebenstorf Director of Law said the project must be of some benefit to the property before an assessment can be made against the property and that it was his legal opinion that the property in question is legally qualified to be in the benefit district. Randy Bowles Randy Bowles, OK Holdings, said the drainage improvements benefit the court because everything from the court drains to the new court. Mr. Bowles said their property drains to the west side and to the Wells Fargo sand pit. Council Member Cather Council Member Cather said drainage into the sandpit probably should be corrected because, ultimately, the sandpit water is a part of the equus beds. Motion -- Gale moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-001 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 110 (north of Pawnee, west of West Street) (468-82426) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PAVING PETITION PETITION TO PAVE STREETS IN WESTERLEA ADDITION SOUTH OF MAPLE, EAST OF RIDGE. Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 96-002. The signatures on the petition represent 58% (61 of 106 owners) in the improvement district area. CPO Council 5 considered the project on December 13, 1995. The Council voted 7-0 to recommend approval of the petition. Westerlea Village was developed in the 1950s outside the Wichita city limits. It contains single-family homes on large suburban lots. It is served by dirt streets that drain poorly and are difficult to maintain. The estimated project cost is $584,043 with the total assessed to the improvement district. The method of assessment is the square foot basis. A number of lots on the perimeter of the addition were in previous paving assessment districts. Those lots are being assessed a 1/2 share. A typical full share assessment will range from $5,400-$6,000 per lot and a half share will range from $2,500-$3,000. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Ted Jacobs Ted Jacobs spoke in favor of the project which would alleviate the dust problem and improve the area. Motion -- Ferris moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96-002 Resolution of findings of advisability and Resolution authorizing improving of University from the east line of Ridge to the west line of Dugan right-of-way; Summitlawn from the south line of Maple to the south line of Lot 4, Block F, Westerlea Village; Scouller from the south line of Maple to the north line of Taft right-of-way; Ralstin from the south line of Maple to the north line of Taft right-of-way; Howe from the south line of Maple to the north line of Taft right-of-way; Fairhaven; Winterset from the south line of Maple to the north line of Taft right-of-way; and, Winterset Court from #5514 through $6524 and $424 through $443 Project No. 472-82667 (south of Maple, east of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. NATURE CENTER LEASE LEASE AGREEMENT FOR PAWNEE PRAIRIE NATURE CENTER. (District V) Chris Cherches City Manager reviewed the Item. Agenda Report. The Department of Parks and Recreation currently utilizes the facility known as the Pawnee Prairie Nature Center (PPNC) at Pawnee Prairie Park as office space for the Director and two naturalists who make up the Wichita Wild program staff. This staff will relocate to offices in the Great Plains Nature Center at Chisholm Creek Park when it is completed in early 1996. The Park Department proposes leasing this vacated space at the Pawnee Prairie Nature Center to Sedgwick County to office their Environmental Resources staff. In early 1995, staff from Sedgwick County's Bureau of County Development inquired about the possibility of leasing space at PPNC to house their Environmental Resources Office. Park staff considers this proposed lease agreement not only an opportunity for cooperation and joint programming between the City and County, but also as a way to continue to utilize the facility for nature and environmental education purposes, at no staff cost to the City. The agreement also ensures a "presence" at the park, which will help to provide security for the facility. Additionally, this lease of a portion of the facility still allows the remainder of the structure to be used for other purposes, such as community meetings, etc. which will generate additional revenues to support the facility. At their December 11, 1995, meeting the Board of Park Commissioners voted to recommend that City Council approve the lease agreement. The County Commission approved the lease agreement at their December 20, 1995, meeting. The 1996 lease rate for Park facilities is $8.00 per square foot. This lease agreement applies only a small "multipurpose" room at the Pawnee Prairie Nature Center facility with an area of 971 sq. ft. Rental revenues will be $7,768 annually, or $647.33 per month, plus one-half of the electrical bill at the facility, estimated at up to $3,500 per year. Motion -- Ferris moved that the Lease Agreement be approved and the Mayor be authorized to -- carried sign. Motion carried 7 to 0. ENGINE HOUSE LEASE REQUEST TO LEASE ENGINE HOUSE NO. 6, 1300 SOUTH BROADWAY. (District III) Chris Cherches City Manager reviewed the Item. The Friends of Engine House No. 6, Inc., requested a renewable lease on Engine House No. 6 for the purpose of renovating the building and establishing a fire museum. No City funds were requested beyond the lease of the building. The structure was evaluated for restoration purposes and was placed on the Kansas and National Registers of Historic Places in February, 1995. It is the intent of The Friends to apply for a Heritage Trust Fund Grant which has a January 16, 1996, deadline for the preliminary application. The City, as owner of the building, would be required to submit the application but could designate the Friends of Engine House No. 6 as its contact person in order to relieve City staff of additional burden of carrying out the project. Mayor Knight Mayor Knight inquired if anyone wished to be heard. B.K. Owens B.K. Owens, retired Fire Department employee and historian for the Fire Department, said there are many museum-quality pieces that need a place to be displayed and Fire Station No. 6 is ideal for a museum. Motion -- Cole moved that the Lease Agreement and Heritage Trust Fund Application be -- carried approved and the Mayor be authorized to sign. Motion carried 7 to 0. SUMP PUMP ORDINANCE SUMP PUMP ORDINANCE. Council Member Kamen Council Member Kamen said the proposed ordinance should not be passed by the Council and that he would not support an ordinance of this type. Motion -- Rogers moved that the sump pump ordinance amendment be denied. Amendment -- Ferris moved that Kamen be authorized to continue working on an ordinance to be -- carried returned for Council action. Amendment carried 7 to 0. -- carried Motion carried 7 to 0. A 95-9 PUBLIC HEARING: A 95-9 - REQUEST TO ANNEX ELIGIBLE PROPERTIES GENERALLY LOCATED NORTH AND WEST OF THE INTERSECTION OF CENTRAL AVENUE AND 119TH STREET WEST. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-006. On November 7, 1995, the Wichita City Council adopted a resolution which established January 9, 1996 at 11:00 a.m. at the Wichita City Council Chambers, 1st Floor City Hall, 455 N. Main Street, Wichita, Kansas, as the time and place for a public hearing on the question of annexing certain eligible properties into the City of Wichita. The 23 properties being considered for annexation encompass 66.117 acres of land within which there are both platted and unplatted parcels of land. The property is generally located north and west of the intersection of Central Avenue and 119th Street West. In accordance with State law, a Service Extension Plan has been prepared for the properties in question, indicating the means by which City services will be extended to the area proposed to be annexed. As required by State Law, a plan for extending municipal services to the proposed annexation area has been prepared and placed on file for public inspection in the Office of the City Clerk. Copies of the resolution establishing the public hearing, together with a map showing the properties affected and a notice of the public hearing, have been sent by certified mail to all property owners of record in the proposed annexation area and to other established governmental entities and utility services. Copies of the resolution and map have also been published in the official City newspaper as further notification of the scheduled public hearing. The Metropolitan Area Planning Commission reviewed the proposal in accordance with State law on December 28, 1995, and they found (unanimously) that the proposed annexation is compatible with the adopted elements of the Comprehensive Plan for the metropolitan area. In conducting the public hearing, State law requires the City's plans for extending major municipal services be presented and that all persons interested in the annexation be heard. After hearing all comments of persons interested, the City Council has the option of continuing or closing the public hearing, and approving or rejecting the annexation proposal. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Lewis Hampton Lewis Hampton said he has his own sewer and water service and are satisfied. The cost of sewer service would total about $10,000 to $11,000 and water service would cost about $4,300. In addition, there would be 7.6 percent city tax on top of their current tax. Mr. Hampton presented letters against the annexation from M.R. Frederick and Raymond Tiemeyer. Donna Ward Donna Ward, 801 N. 119th Street West, said they are new owners of the property and did not have knowledge of hearings. After contacting the City, the Wards were told that they would never be eligible for sewer hook-up because they are 180' from the sewer line. Mike Lindebak City Engineer said the Wards could petition for sewer service if they are not currently close enough. And, if the Wards sign a water service agreement, the agreement stipulates that there be no protest to annexation. Marvin Krout Director of Planning explained that certified letters were sent to the owners of record at the time the list was developed and that the Wards were not named at that time. Herman Michael Ternes Herman Michael Ternes said he could not afford to have water and sewer. Also, Mr. Ternes has antiques in his yard which he understood would be in violation of City Code. Bill Kinsinger Bill Kinsinger said it was not a benefit to him to be a part of the City. Robert Upchurch Robert Upchurch said he could see no benefit to being a part of the City. Mr. Upchurch said he sometimes works on old vehicles and that would probably cause him a problem. Council Member Ferris Council Member Ferris stated that since 1991, the property directly behind this area has been annexed to the City. Water and sewer are the only benefits the area currently does not have. If the City does not go ahead with the annexation, the area will be surrounded by the City. No one will be required to hook-up to City water and sewer until a 51 percent petition has been submitted or if the needs arises as a health matter. Motion -- Ferris moved that the public hearing be closed, the annexation request be approved, and the annexation Ordinance be placed on first reading. Motion -- carried 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- 95-9 CONDEMNATIONS HEARINGS ON DANGEROUS AND UNSAFE STRUCTURES. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Agenda Report No. 96-007. On November 28, 1995 a report was submitted with respect to the dangerous and unsafe conditions of the buildings located on four (4) properties. The Council adopted resolutions providing for public hearings to be held on each of these condemnation actions at 11:00 a.m. on January 8, 1996 (corrected date January 9, 1996). On November 15, 1995, the Board of Code Standards and Appeals (BCSA) held a hearing on the following properties: Property Address Council District (1) 1812 N. Kansas 1 (2) 529 S. McComas 4 (3) 4209 E. Boston 3 (4) 4239-41 E. Bayley 3 Pursuant to State Statute the Resolutions were duly published twice, on November 29, 1995 and December 6, 1995 (republished with corrected hearing date on 12/8/95). A copy of each resolution was sent by certified mail or given personal service delivery to the owners and lien holders of record of each described property. 529 S. McComas. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Gale moved that the public hearing be closed, the resolution declaring the buildings dangerous and unsafe structures be adopted, and the BCSA recommended time frame be accepted to alleviate the code violations. Any extensions of time granted to repair the structures would be conditioned on the following: (1) All taxes have been paid to date, as of January 9, 1996; (2) the structure(s) has/have been secured as of January 9, 1996, and will continue to be kept secured, and (3) the premises are mowed and free of debris as of January 9, 1996, and will be so maintained during renovation. If any of the above conditions are not met, the Office of Central Inspection will proceed with demolition action and also instruct the City Clerk to have the resolutions published once in the official city paper and advise the owners of these findings. Motion carried -- carried 7 to 0. RESOLUTION NO. R-96-009 A Resolution finding that the structure located on land described as: Lot 15, Block 2, Eureka Gardens Addition to Wichita, Sedgwick County, Kansas, known as 529 South McComas, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Gale moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. 4239-41 E. Bayley. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cather moved that the public hearing be closed, the resolution declaring the buildings dangerous and unsafe structures be adopted, and the BCSA recommended time frame be accepted to alleviate the code violations. Any extensions of time granted to repair the structures would be conditioned on the following: (1) All taxes have been paid to date, as of January 9, 1996; (2) the structure(s) has/have been secured as of January 9, 1996, and will continue to be kept secured, and (3) the premises are mowed and free of debris as of January 9, 1996, and will be so maintained during renovation. If any of the above conditions are not met, the Office of Central Inspection will proceed with demolition action and also instruct the City Clerk to have the resolutions published once in the official city paper and advise the owners of these findings. Motion carried -- carried 7 to 0. RESOLUTION NO. R-96-010 A Resolution finding that the structure located on land described as: Lot 26, Block C, Hilltop Manor Sub A replat of Part Hilltop Manor's Hilltop Manor Second Addition to Wichita, Sedgwick County, Kansas, known as 4239-41 East Bayley, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cather moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. 1812 N. Kansas. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Mayor Knight momentarily absent with Vice Mayor Kamen in the Chair. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Mr. Wilson Mr. Wilson said he was not notified of problems with the property. Evelyn Nichols Evelyn Nichols said that because she lives out of town she was unaware of the condition of the property. Ms. Nichols said she would need some time as she was getting ready to pay something on the taxes and getting a loan so she can make repairs to the property so she and the family can live in the house. Motion -- Rogers moved that the public hearing be closed, the resolution declaring the buildings dangerous and unsafe structures be adopted, and seven days be given to pay the taxes current and then 60 days be given to repair the structure. Any extensions of time granted to repair the structures would be conditioned on the following: the structure(s) has/have been secured as of January 9, 1996, and will continue to be kept secured, and the premises are mowed and free of debris as of January 9, 1996, and will be so maintained during renovation. If any of the above conditions are not met, the Office of Central Inspection will proceed with demolition action and also instruct the City Clerk to have the resolutions published once in the official city paper and advise the owners of these findings. Amendment -- Rogers, with consent of the second, amended the motion to give 14 days to pay the taxes. -- carried Motion, as amended, carried 7 to 0. RESOLUTION NO. R-96-011 A Resolution finding that the structure located on land described as: Lots 182-184, Block 15, Pennsylvania Addition to Wichita, Sedgwick County, Kansas, known as 1812 North Kansas, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Rogers moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. 4209 E. Boston. Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Glen Myers Glen Myers, property owner, said the structure is sound but acknowledged the structure was in need of repairs. Mr. Myers said the kids should be held responsible for the damage to the property and the necessary police calls the property. Regarding the previous clean-up of the property, Mr. Myers said he had placed the ceramic toilet top in the yard to stop the land from washing and that he did not know what could have been out there to cost $500 to clean up. He said he did not know whether it had to be mowed and that the City did board up the property. Motion -- Cather moved that 15 days be granted for repairs and if not done, then OCI proceed with the recommended action. Cather, with consent of the second, -- withdrawn withdrew the motion. Council Member Ferris Council Member Ferris said January in Kansas can be difficult and the Council should not deviate so far from its policy. Motion -- Cather moved that the public hearing be closed, the resolution declaring the buildings dangerous and unsafe structures be adopted, and 30 days be given to alleviate the code violations. Any extensions of time granted to repair the structures would be conditioned on the following: (1) All taxes have been paid to date, within seven days; (2) the structure(s) has/have been secured as of January 9, 1996, and will continue to be kept secured, and (3) the premises are mowed and free of debris as of January 9, 1996, and will be so maintained during renovation. If any of the above conditions are not met, the Office of Central Inspection will proceed with demolition action and also instruct the City Clerk to have the resolutions published once in the official city paper and advise the -- carried owners of these findings. Motion carried 7 to 0. RESOLUTION NO. R-96-012 A Resolution finding that the structure located on land described as: Lot 11, Block E, Hilltop Manor Subdivision, a replat of Hilltop in Hilltop Manor Second, Wichita, Sedgwick County, Kansas, known as 4209 East Boston, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Cather moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (Addendum Item 10a) REVISION TO 1995 METROPOLITAN TRANSIT AUTHORITY (MTA) BUDGET. Chris Cherches City Manager reviewed the Item. The MTA has over expended its operating funds for the balance of 1995 (less than $55,000). Primarily, the increases came from a continuation of the salaries which were involved in the labor contract as well as the additional fuel expense required to operate for the remainder of 1995. There is funds in the MTA Reserve Fund from the operating funds can be taken. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Mayor Knight Mayor Knight said there are transit dependent people in the community that deserve the City's best thinking. In looking through some of the things that are going on, there have been commitments made by certain groups and individuals which have not been honored and the City needs to start paying attention to that and not let everything get so far along that dramatic action is required. Motion -- carried Knight moved that the Budget Adjustment be approved. Motion carried 7 to 0. CITY COUNCIL AGENDA TRAVEL REQUEST REQUEST TO ATTEND SOUTHEAST RECYCLING CONFERENCE, FEBRUARY 25-26, 1996. (Requested by Vice-Mayor Kamen) Council Member Kamen Council Member Kamen said he would be unable to attend the conference. Motion -- carried Knight moved that no action be taken on this Item. Motion carried 7 to 0. APPOINTMENTS APPOINTMENTS TO CITY BOARDS AND COMMISSIONS. Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (1 vacancy - Public at large - Council at large) Board of Electrical Appeals (2 vacancies - Mobile home technician and Public at large - Council at large) Commission on the Status of People with Disabilities (5 vacancies - Cather, Kamen, Ferris, Gale, Rogers) Group Life Insurance Board of Trustees (1 vacancy - Council at large) Wichita Commission on the Status of Women (2 vacancies - Gale, Kamen) Wichita Public Building Commission (3 vacancies - Cole, Gale, Kamen) Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (1 vacancy - Youth appointment - Council at large) Appointments will be for terms expiring June 30, 1997. Motion -- Rogers appointed Kevin Clark (Commission on the Status of People with -- carried Disabilities) and moved that the appointment be approved. Motion carried 7 to 0. Motion -- Ferris appointed Curtis Tatum (Commission on the Status of People with -- carried Disabilities) and moved that the appointment be approved. Motion carried 7 to 0. Motion -- Kamen appointed Mike Corn and Davit Kratz (Board of Electrical Appeals) and moved -- carried that the appointment be approved. Motion carried 7 to 0. APPOINTMENT TO HUMAN SERVICES BOARD (Term expires June 30, 1997) Board members selected Archie Bourke, 3193 S. Davidson, to represent the Southeast District of Wichita as a low-income alternate. Motion -- Cather appointed Archie Bourke and moved that the appointment be approved. -- carried Motion carried 7 to 0. PROCLAMATION PROCLAMATION. -- Purchasing Month Motion -- carried Knight moved that the proclamation be authorized. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, including Addendum Items, except Items 25, 32b, 33, and 34, 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 DECEMBER 26, 1995 & JANUARY 2, 1996, AND JANUARY 8, 1996. At 10:00 a.m., Friday, December 21, 1995, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Landscaping for Seneca from 48th Street South to 41st Street South. (472-82664/705517/405105) Traffic to be maintained through construction. (Council approval date 11-19- 91) (District IV) Green Glo - $14,049.00 (Total Base Bid with Add Alternate) Meadow Pass from the west line of Lot 14, Block 5, to the west line of Meadow Pass as platted in Reflection Ridge Seventh Addition; Meadow Pass Ct. serving Lots 26 through 37, Block 3; Meadow Pass Ct. serving Lots 38 through 42, Block 3; Meadow Pass Ct. serving Lots 17 and 18, Block 5; and sidewalk along the south and westerly line of Meadow Pass from the west line of Lot 14, Block 5, to the west line of Meadow Pass Northridge Lakes Addition . (472-82605/763367/490439) Does not affect existing traffic. (Council approval date 12-12-95) (District V) Ritchie Paving - $286,341.40 (Lump Sum Total Alternate #1) Knight moved that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign the contract for the City. Motion carried 7 to 0. WATER & SEWER DEPARTMENT/PRODUCTION & PUMPING DIVISION: PEBBLE QUICKLIME - BULK DELIVERY AS PER SPECIFICATIONS Global Stone St. Clair, Inc. - $69.75 per ton PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: FLEET MAINTENANCE SHOP RENTAL UNIFORMS AS PER SPECIFICATIONS Apparelmaster of Wichita - Item 1 - $ .88 per set - Item 2 - $ .98 per set - Item 3 - $ .98 per set - Item 4 - $ .88 per set - Item 5 - Option A - $ .90 per each - Item 6 - Option B - $ .90 per pair - Item 7 - Option C - $ 1.40 per each - Item 8 - Option D - $ .88 per each Lost Charges - - Item 9 - $12.00 per each - Item 10 - $14.00 per pair - Item 11 - $13.00 per each - Item 12 - $16.50 per pair - Item 13 - $13.00 per each - Item 14 - $20.00 per pair - Item 15 - $12.00 per each - Item 16 - $14.00 per pair - Item 17 - $30.00 per each - Item 18 - $27.00 per each - Item 19 - $30.00 per pair - Item 20 - $25.00 per pair Knight moved that the contracts be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. At 10:00 a.m., December 29, 1995, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1996 Repair of Condemned Sidewalk and Wheelchair Ramp Construction, Phase I at various locations. (132100/112000) Does not affect existing traffic. (Council approval date 08-15- 95) (District all) McFadden Construction - $49,300.00 (Engineer's Construction Estimate) Sewer Response Plan - Phase 1C Rehabilitation. (468-82543/621201/533223) Traffic to be maintained through construction. (Council approval date 07-18-95) (District all) Pipeliner Systems - $25,798.50 Knight moved that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign the contract for the City. Motion carried 7 to 0. ADDENDUM ITEM 15a At 10:00 a.m., Friday, January 5, 1995, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes January 8, 1996) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 1996 Repair of Condemned Sidewalk and Wheelchair Ramp Construction, Phase II at various locations. (132100/112000) Does not affect existing traffic. (Council approval date 08-15-95) (District all) Williamson Construction - $49,300.00 (Engineer's Construction Estimate) Access Road for Sanitary Sewer Lift Station built as part of Lateral 155, Sanitary Sewer #22 serving I-135 Power Center Addition (east of Hydraulic, south of 31st Street South). (468-82518/742460) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 09-19-95) (District III) Cornejo & Sons - $9,415.00 Water Distribution System to serve Park West Plaza Addition (west of Maize, south of Central). (448- 88969/733030/470381) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 11-28-95) (District V) Hopper Construction - $18,362.50 Knight moved that the contracts be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign the contract for the City. Motion carried 7 to 0. VARIOUS DEPARTMENTS, BOARDS, AND AGENCIES: NEGATIVES, HALFTONES, DUOTONES, PRINTS AND OTHER RELATED SERVICES AS PER SPECIFICATIONS ETS Graphics, Inc. - Item 1 - $ .075 per sq. in. Item 2 - $ .20 per sq. in. Item 3 - $ 2.90 per each Item 4 - $ 3.50 per each Item 5 - $ 3.90 per each Item 6 - $ 4.65 per each Item 7 - $ 5.30 per each Item 8 - $ 6.90 per each Item 9 - $ 7.80 per each Item 10 - $ 9.80 per each Item 11 - $11.80 per each Item 12 - $17.75 per each Item 13 - $19.70 per each Item 14 - $24.50 per each Item 15 - $ 2.90 per each Item 16 - $ 2.90 per each Item 17 - $ 3.50 per each Item 18 - $ 4.40 per each Item 19 - $ 4.40 per each Item 20 - $ 6.50 per each Item 21 - $ 7.50 per each Item 22 - $ 8.50 per each Item 23 - $ 9.00 per each Item 24 - $11.75 per each Item 25 - $14.00 per each Item 26 - $18.00 per each Item 27 - $ 1.00 per each Item 28 - $36.00 per hour Knight moved that the contract be awarded as outlined above, same being the lowest and best bid. Motion carried 7 to 0. LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Adult Entertainment. Lawrence P. King III Monarch Dating Service815 N. West Street Retail Cereal Malt Beverages. Renewal 1996 (Consumption on Premises) Vernon J. Blasi Blasi Tire Center, Inc. 11209 W. 54 Highway Carmen Garcia Connie's Mexico Cafe* 2227 N. Broadway (Consumption off Premises) Terri Bertschy Sam's Club #6418 3415 N. Rock Road Roy E. Brockmeier QuikTrip #388 7991 E. 37th St. North Roy E. Brockmeier QuikTrip #384 2412 W. Pawnee Chuong D. Le and Lethanh T. Le Broadway Supermarket 1336 N. Broadway Kevin J. Temple Phillips 66 515 N. Seneca Kevin J. Temple Phillips 66 7136 W. Central New Operator 1996 (Consumption on Premises) Debra L. Wynn The Tavern 1021 W. Harry New Establishment 1996 (Consumption on Premises) Louis R. Mans Smokin' Joe's, Inc. 1701 S. Seneca *General Retailer--beer sales derive less than 50% of gross revenues. 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. Water Line relocation along 47th Street South from Seneca to Broadway. (448-88975/n/a) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date n/a) (District IV) 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., January 12, 1996. Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. 1. Water Distribution System to serve White Tail Addition (south of 13th, west of 127th Street East). (448- 88767/732396/470317) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 11-30-93) (District n/a) 2. Lateral 121, Westlink Sewer to serve Park West Plaza Addition (west of Maize, south of Central). (468- 82547/742551/480347) Does not affect existing traffic. (Council approval date 11-28-95) (District 5) 3. Parkridge and Chartwell from EL of Covington Circle to NW corner of Lot 28, Block 3, of Aberdeen First Addition and sidewalk to be constructed on one side; Covington from south right-of-way of Parkridge to SW corner of Lot 7, Block 2, Aberdeen First Addition and sidewalk to be constructed on one side; Neville from east right-of-way of Pine Grove to west right-of-way of Parkridge; Pine Grove from north right-of-way of Britton to SW corner of Lot 37, Block 1, Aberdeen First Addition; Britton from west right-of-way of Parkridge to WL of Pinegrove; Pine Grove Court from west Pine Grove right-of-way to and including cul-de-sac; Pine Grove Circle from SW corner of Lot 37, Block 1, Aberdeen First Addition to and including cul-de-sac; Nevil Court from north right-of-way of Neville to and including cul-de-sac; Parkridge Circle from north right-of-way of Parkridge to and including cul-de-sac; Covington Circle from NL off Chartwell to and including cul-de-sac; Covington Court from east right-of-way of Covington to and including cul-de-sac, and; Parkridge Court from east right-of-way of Parkridge to and including cul-de-sac, Aberdeen First Addition (north of 21st, east of 119th Street West). (472-82443/763375/490440) Does not affect existing traffic. (Council approval date 04-26-94) (District 5) 4. Tyler Road Paving Improvements: Tyler Road from the NL of Bradford South Addition to the SL of Bradford South Addition (82481/706077); A left turn lane from SL of Meadow Pass as platted in Northridge Lakes to NL of Central Park as platted in Bradford South Addition together with a decel lane to serve Meadow Pass (82611/763458); and Tyler Road from NL of Sterling to SL of Lot 1, Block 2, Northridge Lakes, Reflection Ridge Lot 45, Block 1 and an unplatted tract (82629/763391) (Tyler, north of 21st Street). (472- 82481/706077/405161) (472-82611/763458/490448 (472- 82629/763391/490442) Tyler Road will be closed to through traffic. (Council approval date 07-12-94) (District 5) 5. Storm Water Drain #110 to serve Lots 1 through 4 in Pawnee and West Industrial Park Addition (at Pawnee, west of K-42). (468-82426/750661/485102) Does not affect existing traffic. (Council approval date 01-09-96) (District 4) 6. Storm Water Sewer #450 - Phase II to serve Reflection Ridge Commercial and Lake Ridge Commercial Additions west of Ridge Road, north of 21st Street North). (468- 82378/750604/485096) Traffic to be maintained through construction. (Council approval date 03-08-94) (District 5) 7. Lateral 52, Main 9, Sanitary Sewer 23 to serve Comotara Power Center 2nd Addition (west of Rock, south of 37th Street North). (468-82502/742528/480344) Does not affect existing traffic. (Council approval date 10-17-95) (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., January 19, 1996. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Landscaping for Seneca from 48th Street South to 41st Street South - $40,000.00. (472- 82664/705517/405105) Traffic to be maintained through construction. (Council approval date 11-19-91) (District IV) b. Meadow Pass from the west line of Lot 14, Block 5, to the west line of Meadow Pass as platted in Reflection Ridge Seventh Addition; Meadow Pass Court serving Lots 26 through 37, Block 3; Meadow Pass Court serving Lots 38 through 42, Block 3; Meadow Pass Court serving Lots 17 and 18, Block 5; and sidewalk along the south and westerly line of Meadow Pass from the west line of Lot 14, Block 5, to the west line of Meadow Pass Northridge Lakes Addition - $420,400.00. (472-82605/763367/490439) Does not affect existing traffic. (Council approval date 12-12-95) (District V) c. 1996 Repair of Condemned Sidewalk and Wheelchair Ramp Construction, Phase I at various locations - $50,000.00. (132100/112000) Does not affect existing traffic. (Council approval date 08-15-95) (District all) d. Sewer Response Plan - Phase 1C Rehabilitation - $65,400.00. (468-82543/621201/533223) Traffic to be maintained through construction. (Council approval date 07-18-95) (District All) e. (Amended) South Seneca Paving Improvements, from 48th Street South to 41st Street South (48th Street South to MacArthur) - $1,470,000.00. (472- 82009/705517/405105) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. STATEMENTS OF COST STATEMENTS OF COST. a. (Amended First Partial) Gypsum Greek Drainage Study - $55,616.00 (724153/420-515) b. (Amended Third Partial) City Hall Parking Garage - $6,012,113.00. (Less bonds previously issued - $4,500,000.00; Less other sources of funding - $1,211,801.00) Bonds to be issued at this time - $300,312.00. (790436/435-074) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 7 to 0. SEWER PETITION PETITION (100%) FOR SANITARY SEWER TO SERVE PART OF LOT 7, BLOCK 2, BRIDGEPORT INDUSTRIAL PARK I ADDITION (SOUTH OF 37TH STREET NORTH, EAST OF BROADWAY). Agenda Report No. 96-008. Bridgeport Industrial Park I Addition is a City-owned industrial park. A portion of Lot 7, Block 2, has been sold to a manufacturing/warehouse company. A petition has been prepared to ensure that sanitary sewer service can be extended to the undeveloped, unsold portion of the lot. The sanitary sewer petition is a lot split requirement. The project will be held until development occurs. The estimated project cost is $14,000. The funding source is Special Assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted; and the Utility Easement be approved and recorded with the Register of Deeds. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96- 003 Resolution of findings of advisability and Resolution authorizing construction of Lateral 131, Main 4, Sanitary Sewer No. 23 (south of 37th Street North, east of Broadway) Project No. 468-82555 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Appeals of Plumbers and Gas Fitters, 12/5/95 Board of Code Standards and Appeals, 12/4/95 Board of Electrical Appeals, 12/12/95 CPO Southeast Council 3, 12/14/95 CPO Southwest Council 4, 12/14/95 CPO Northwest Council 5, 12/13/95 CPO North Central Council 6, 12/13/95 CPO Coordinating Board, 12/6/95 Wichita Airport Authority, 12/4/95 Wichita Historic Preservation Board, 12/11/95 Wichita Public Library, 12/19/95 Wichita/Sedgwick County Alcohol and Drug Abuse Advisory Board, 12/14/95 Wichita/Sedgwick County Board of Health, 12/14/95 Wichita/Sedgwick County Metropolitan Area Planning Commission, 11/30/95 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 considered. NOTE/BOND SALE NOTICE GENERAL OBLIGATION TEMPORARY NOTE SALE (SERIES 187); GENERAL OBLIGATION BOND SALE (SERIES 741, 742 AND 743); AND GENERAL OBLIGATION SALES TAX BOND SALE (SERIES 1996). Agenda Report No. 96-009. The City is planning to offer for sale one series of general obligation temporary notes totaling $17,820,000, three series of general obligation bonds totaling $22,520,000 and one series of general obligation sales tax revenue bonds, for the purpose of providing temporary and permanent financing for capital improvement projects of the City. The public sale of the aforementioned bonds and notes is scheduled for 10:30 a.m. on January 30, 1996, at which time sealed bids will be opened and the City Council will award the sale of each series of bonds and notes to the bidders whose proposed interest rates result in the lowest overall cost to the City. The City's Winter 1996 general obligation bond and note sale includes the following issues: Temporary Notes The proceeds from the sale of the Series 187 Temporary Improvement and Renewal Notes will be used to finance various City-at-large and improvement district projects, as follows: Project Category Total Storm Water Drainage 687,580 Public Improvements 1,545,862 Neighborhood Improvements - Water 1,539,000 Neighborhood Improvements - Sewers 2,348,000 Neighborhood Improvements - Paving 10,609,000 Neighborhood Improvements - Storm Sewer 1,090,558 TOTAL SERIES 187 NOTES $17,820,000 "Special Assessment Bonds" The proceeds from the sale of the Series 741 Bonds will be used to permanently finance various neighborhood improvements located in special improvement districts. Special assessments have been levied against the property owners in the improvement districts for the purpose of paying all or a portion of the costs of such improvements, including the payment of principal and interest on the Series 741 Bonds. The Special Assessment Bonds will be issued in the par amount of $6,605,000. "City-At-Large Bonds" The proceeds from the sale of the Series 742 Bonds will be used to permanently finance certain City-at-large projects, including arterial streets, traffic engineering, bridges, public improvements and buildings, park improvements, drainage improvements, golf course improvements and neighborhood paving projects. The City-at-large Bonds will be issued in the total par amount of $2,915,000. "Storm Water Bonds" The proceeds from the sale of the Series 743 Bonds will be used to permanently finance certain City-at-large storm water utility projects, many of which have reached the legal time limit regarding how long a specific project can be temporarily financed with notes before permanent financing bonds must be issued. The delay was due to the need to resolve the issue of how the projects would be permanently financed: with revenue bonds or general obligation bonds. On August 1, 1995, the Council approved a reduction in the storm water fee which was based on the use of 10-year general obligation bonds. The Storm Water Bonds will be issued in the par amount of $13,000,000. "Sales Tax Bonds" The proceeds from the sale of the Series 1996 Sales Tax Bonds will be used to permanently finance certain City-at-large freeway improvement projects, including the Kellogg "Fly-over" and the Kellogg-Dugan Interchange. A feasibility study was performed in 1992 which concluded that $85 million in freeway projects could be financed with bonds paid by one-half of the City's one-cent local option sales tax. At that time, sales tax bonds in the par amount of $50 million were issued. The Series 1996 Sales Tax Bonds will be issued in the par amount of $25,000,000. The Series 187 Temporary Notes will mature on August 29, 1996 and will be retired using the proceeds of both permanent financing bonds and renewal notes. The Series 741 Special Assessment Bonds will mature serially over 15 years with principal maturities structured to produce level annual payments of principal and interest. The Series 741 Bonds are payable from the collection of special assessments levied against benefited properties, and if not so paid, from city-wide ad valorem taxes. The Special Assessment Bonds will be callable in 2003 with a 1% call premium. The Series 742 City-at-large Bonds will mature serially over 10 years in equal principal amounts and will be paid as to principal and interest primarily from city- wide ad valorem tax revenues. The Series 743 Storm Water Bonds will also mature over 10 years, but with principal maturities structured to produce level principal and interest payments. The Series 743 Bonds will be paid from the Storm Water Utility's monthly ERU fees. The Series 1996 Sales Tax Bonds will mature serially over 10 years in equal principal amounts and will be paid from the portion of the City's one-cent local option sales tax that is dedicated by law to paying the costs of street and road improvements. The Series 742, 743 and 1996 Bonds will all be callable in 2001 with a 1% call premium. A Resolution authorizing the sale of the series of temporary notes and the four series of bonds, approving the Preliminary Official Statement and directing the publication and distribution of Notices of Bond and Note Sale, has been prepared by the City's Bond Council as required by law. In addition to the Resolution authorizing the sale of the notes and bonds, state law requires the adoption by the City of a separate resolution declaring the City's intent to issue the Sales Tax Bonds. This Resolution will be published twice in the City's official newspaper and will be subjected to a 30-day protest period. If a sufficient petition is presented to the Council within this time, an election would be required to issue the Sales Tax Bonds. Motion -- Knight moved that the Sales Tax Bond Resolution and the Bond Sale Resolution be adopted and 10:30 a.m., Tuesday, January 30, 1996, be set for the opening of bids, with the award before the City Council at 11:30 a.m. on that date. Motion -- carried carried 7 to 0. RESOLUTION NO. R-96- 004 A Resolution of the City of Wichita, Kansas, declaring it to be necessary to issue general obligation bonds, in an amount not to exceed $25,000,000, for the purpose of paying the costs of constructing roads, highways, and bridges in the City, and to pledge sales tax revenues for the payment of such general obligation bonds, as provided by K.S.A. 12-195b; and providing for the giving of notice thereof in the manner required by law, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-96- 005 A Resolution of the City of Wichita, Kansas, authorizing and providing for the public sale of General Obligation Renewal and Improvement Temporary Notes, Series 187, General Obligation Bonds, Series 741, 742, and 743, and General Obligation Sales Tax Bonds, Series 1996, of the City; and providing for the giving of notice of the public sale, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. (Item No. 25) FINANCIAL REPORT CITY OF WICHITA MONTHLY FINANCIAL REPORT FOR THE MONTH ENDING NOVEMBER 30, 1995. Mayor Knight Mayor Knight said, "I think the City Council and the Department of Finance have got to be very agile and very responsive because things change very quickly and our financial oversight requires us to know about it right away. "On the City Council Agenda, on November 7th, we had the third quarter financial report. I asked a series of questions which I received the answer to dated December 14th." "That is five or six weeks and then we had not received it as anyone could understand for some time before that. So, then, we are really dealing with information that is three or four months old. I do not believe that that is satisfactory. It is not satisfactory from my point of view. So, in order for me to be responsive and try to satisfy the role I think I am charged with, we are going to have to get a more timely response. "I would also say that I am expecting, every month, on these Monthly Financial Reports, some kind of written report that would alert this Council to any financial problems that are currently occurring or anticipated to occur. I do not want to find out about it three or four months after it occurs. So, if there is anything going on right now that ought to be brought to the attention of the Council, I think you have the responsibility, along with the Manager, to bring it to my attention and my colleagues. I should not have to ask for it and I do not want to have to ask for it. I am not the chief financial officer of the City. "So, if you could improve the agility and the responsiveness, that would certainly improve my ability to represent the position that I hold." Motion -- carried Knight moved that the Report be received and filed. Motion carried 7 to 0. BUDGET - FUND TRANSFERS TRANSFER OF FUNDS. a. Neighborhood Centers/Services. Agenda Report No. 96-010. Neighborhood Center operations are funded from multiple sources -- private and public -- and through volunteerism. As part of the 1996/97 adopted City budget, the City Council allocated $300,000 for 1995 and 1996 and $200,000 for 1997 in local funding to establish neighborhood centers/services in cooperation with the School District. The first Neighborhood Center was established in Planeview using federal Comprehensive Communities Program funds. Additional Neighborhood Centers are planned in the Northeast and other designated areas. Local funding will be used to continue/establish Neighborhood Centers, as proposed in the Neighborhood Initiative, and provide resources/services to neighborhood residents in cooperation with the School District and other public/private agencies. Boeing and other private parties have donated funding and in-kind services to facilitate the Neighborhood Centers. There is a balance of $285,128 (in 1995 funds) which can be used to continue the program. The transfer of $285,128 in local funds to the federal program is necessary so Neighborhood Center programs and its services can continue. Motion -- Knight moved that the transfer of funds to the Federal Comprehensive Communities Program and associated budget adjustments to facilitate the transfer be approved. -- carried Motion carried 7 to 0. b. Signal System Electricity Charges. Agenda Report No. 96-011. The Traffic Maintenance Section of the Maintenance Division is responsible for providing funds for the electricity used to power the City's traffic signal system. On the average, between $10,000 and $11,000 is spent weekly on electricity. Billings are automatically processed at City Hall, with charges posted to the Traffic Maintenance account. In 1995, $563,000 was budgeted for traffic signal electricity. This is in line with the $562,300 expended for electricity in 1994 and $554,540 expended in 1993. To date, however, $585,535 in electric bills have been processed through the utility bill payment system. Funds were provided to cover expenditures through December 21, 1995. Since then, an additional $18,162 in electricity charges have been processed ($8,950 on December 26 and $9,212 on December 27). It is requested that funds be transferred from Traffic Maintenance salary savings to provide for these expenditures. Funds exist in the Personal Services portion of the Traffic Maintenance budget to provide for the transfer of $18,162 to Contractuals - Electricity. Motion -- carried Knight moved that the transfer be approved. Motion carried 7 to 0. c. Park/Public Works/Interactive Video Computer Systems. Agenda Report No. 96-012. The 1995 Budget included $105,000 in funding for replacement of the Park Recreation computer system (the current system is more than a decade old and subject to major failure and repairs). This system networks recreation centers for facility scheduling, class registration, fee collection and communications. The 1995 Budget also included $39,910 in Public Works Engineering for replacement of aged computer equipment and system enhancements in connection with Engineering's design activities and project management. Due to efforts in developing a master Management Information System (MIS) plan for the City organization, it was not possible to complete these efforts before year-end and ensure conformance with the longer term City direction in MIS planning. To ensure continuity in completing these computer system changes early in 1996, it is recommended that the funding be transferred to a capital project account for administration. The funds are budgeted and would be expended for the appropriated purpose. Motion -- carried Knight moved that the transfer be approved. Motion carried 7 to 0. d. Century II Concert Hall/Theater Seats. Agenda Report No. 96-013. The 1995 Capital Improvement Program included $1.3 million for various renovations of Century II (Concert Hall/Theater seating refurbishment, meeting rooms, etc.). The project was to be funded $1 million from CIP bonding capacity and $300,000 in General Fund reserves. The use of General Fund reserves recognized the higher than anticipated revenues from Century II operations in 1994 and 1995 which revenues were being reinvested in facility improvements. The City Council approved the total $1.3 million project on June 6, 1995, however, the action of record did not include the fund transfer. As part of the close-out of Fiscal Year 1995 finances, it remains for the City Council to take the specific action to authorize the transfer of $300,000 in General Fund reserves to the Century II Combined renovations capital project budget. The funds are budgeted and would be expended for the appropriated purpose. Motion -- carried Knight moved that the transfer be approved. Motion carried 7 to 0. Addendum Item 26 e. Snow and Ice Budget Adjustment. Agenda Report. The Snow and Ice account is budgeted annually to provide for the basic funding of snow removal. When the weather is mild, the funding level is adequate to meet operational needs. However, in the spring of 1995, frequent storms necessitated the transfer of additional funds to meet expenditures through the early part of the year and restock deicing supplies for the 1995/1996 season. Wage expenditures through the early part of the year were also provided for, but no additional funding was placed in the budget for end-of-year wage expenses. Crews were called out for emergency operations on December 7-8, December 17-20, December 21-23 and December 29-January 3. Overtime wages incurred in December 1995 are estimated as follows: December 7-8: $ 1,750 December 17-20: $ 4,650 December 21-23: $ 2,560 December 29-31: $11,040 TOTAL: $20,000 Funding does not currently exist in the Personal Services portion of the 1995 Snow and Ice account to provide for these end-of-year expenses. The Street Maintenance 1995 budget has set aside salary savings for emergency operations. It is requested that the City Council approve the transfer of $20,000 from the Street Maintenance account to the Snow and Ice account to accommodate these wage expenditures. The transfer of funds from the Street Maintenance account will provide for 1995 Snow and Ice wage expenditures. Motion -- Knight moved that the budget adjustment of $20,000 for 1995 Snow and Ice wage -- carried expenditures be approved. Motion carried 7 to 0. SWS/STREAM RESTORATION 1996 STORM WATER SEWER AND INLET AND STREAM RESTORATION PROGRAM. (All Districts) Agenda Report No. 96-014. Funding is allocated in the Capital Improvement Program for major drainage projects. In addition, a Storm Water Sewer and Inlet Rehabilitation Program to repair unidentified storm water sewers and inlets is also included, as well as a Stream Restoration Program for repairing eroding channel banks, damaged ditch liners, and other dilapidated stream and channel infrastructure. As a part of the Storm Water Utility Maintenance Program, an Inlet Inspection and Analysis Program was started and completed in 1995 to determine the condition of the existing drainage infrastructure. Formal bids were received on November 17 for the 1995 Storm Water Sewer and Inlet Rehabilitation program. W.B. Carter Construction Co. was the low bidder. They will begin the program by reconstructing undersized storm sewer lines in the 2nd and Ohio area and then repair dilapidated inlets throughout the City. The 1995 Stream Restoration Program funds were used to purchase light stone riprap to repair erosion damage on in-town streams and channels. Storm Water Utility maintenance staff will perform those repairs. The purpose of the project is to provide funding for the repair and rehabilitation of storm sewer pipes, inlets and channel repairs on an as needed basis throughout the year. A contract will be let which addresses the worst locations first as identified by the inspection and analysis program. Repairs will then be made to as many locations as funding allows. Some of the 1996 funds will be used to reconstruct and remove storm sewer lines in the East Bank Hotel area. This work will be performed prior to the construction of the hotel to ensure positive drainage in the area surrounding the new facility. The project will be funded by cash payments from Storm Water Utility revenues. The total amount budgeted in the 1996 Storm Water Utility budget is $450,000. Motion -- carried Knight moved that the projects be approved. Motion carried 7 to 0. 29TH NORTH PROJECT DESIGN PROJECT FOR 29TH STREET NORTH FROM AMIDON TO ARKANSAS. (District VI) Agenda Report No. 96-015. On May 30, 1995, the City Council authorized the Staff Screening and Selection Committee to select a consultant engineer to design 29th Street North from Amidon to Arkansas, and on November 3, 1995, the Committee selected Booker Associates of Kansas, Inc. to provide the design services. This project is included in the 1995 Capital Improvement Program (CIP No. MS-1). The project consists of upgrading 29th Street North to a four-lane roadway to increase through traffic- carrying capacity and modification of a pedestrian signal. Within the project area, there is a 12" water main that may need to be relocated due to conflicts with the paving design. An Agreement with Booker Associates of Kansas, Inc. to design the roadway improvements and necessary water line relocation has been prepared. The roadway design budget is $115,000 and will be funded by General Obligation Bonds. Payment to Booker Associates of Kansas, Inc. for design of the roadway will be made on a cost plus percentage of cost basis not to exceed $72,515. Payment for design of the water line relocation will be made on a cost plus percentage of cost basis not to exceed $3,000 and will be paid by Water Utility Funds included in the 1995 CIP No. W-65 - Unidentified Water Mains. Motion -- Knight moved that the project and agreement be approved, and the Mayor be authorized to sign; and the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance declaring 29th Street North from Amidon to Arkansas (472-82647) 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, introduced and under the rules laid over. INTERSECTION IMPR. 1996 INTERSECTION IMPROVEMENT PROGRAM. (Districts II, III, IV, and VI) Agenda Report No. 96-016. The proposed 1996 Capital Improvement Program includes funding for an intersection improvement project (CIP #MS-412). The work consists of the acquisition of right-of-way, the design and construction of left turn lanes, upgraded traffic signals and landscaping. The locations to be improved are: Harry and Edgemoor; Harry and West Street; Lincoln and Woodlawn; 47th and Emporia; 2nd/3rd and Broadway; 13th and Waco; 13th and Broadway; and Lincoln and Edgemoor. The estimated project cost is $2,800,000, with $800,000 paid by the City and $2,000,000 paid by Federal or State funds administered by the Kansas Department of Transportation. The funding source for the City's share is General Obligation Bonds. Motion -- Knight moved that the project be approved; the Ordinance be placed on first reading; and the Staff Screening and Selection Committee be authorized to select -- carried a design engineer. Motion carried 7 to 0. ORDINANCE An Ordinance declaring Harry and Edgemoor, Harry and West, Lincoln and Woodlawn, 47th and Emporia, Second/Third & Broadway, 13th and Waco, 13th and Broadway, and Lincoln and Edgemoor (1996 Intersection Reconstruction Program) 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, introduced and under the rules laid over. CENTRAL (I-235-ZOO) DESIGN PROJECT - CENTRAL FROM I-235 TO ZOO BOULEVARD. (Districts IV, V, & VI) Agenda Report No. 96-017. On June 27, 1995, the City Council approved the design of Central from I-235 to Zoo Boulevard and a drainage basin study for Central from I-235 to West Street, and authorized the Staff Screening and Selection Committee to select a consultant engineer. On November 3, 1995, the Committee selected Baughman Co., P.A. to provide the design services. These projects are included in the Capital Improvement Program (CIP No. MS-464 & D-9603). This matter is being brought to the City Council to approve the design agreement with Baughman Co., P.A., and authorize the expenditure of City Funds. Central from I-235 to Zoo Boulevard will be upgraded to provide a five-lane roadway to increase through traffic-carrying capacity and modification of a pedestrian signal. As a part of this project Baughman will perform a drainage study that addresses draining a section of Central, I- 235 to West Street, providing additional drainage capacity for the drainage basin that drains to the existing storm sewer pump station at Maple and I-235, and analyzing the capacity of current storm sewer system and the pump station that serves this area. Relocations of existing water lines may be required due to paving design. An Agreement with Baughman to design the roadway improvements and necessary water line relocations, and perform a study of the drainage basin has been prepared. Payment to Baughman for design of the roadway and drainage study will be made on a cost plus percentage of cost basis not to exceed $124,000 and $37,500 respectively. The roadway design budget of $140,000 will be funded from underexpenditures in the 1995 Public Works operating budget. The drainage study budget is $40,000 and will be funded by Storm Water Utility Funds. Payment for design of the water line relocation will be made on a cost plus percentage of cost basis not to exceed $18,000 and will be paid from Water Utility Funds included in the 1995 CIP No. W-65 - Unidentified Water Mains. Budget adjustments are required to transfer funds from various 1995 Public Works accounts to the roadway design budget. Motion -- Knight moved that the Project, 1995 Budget Adjustments, and Agreement be approved and the Mayor be authorized to sign the Agreement; and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-96- 006 A Resolution declaring it necessary to make certain improvements to Central Drainage Basin from I-=235 to West Street (Project No. 468-82549), in the City of Wichita, Kansas; and declaring it to be th intention of the City to issue General Obligation Bonds in an amount not to exceed $40,000 to pay all or a portion of the costs of such improvements, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. DESIGN AGREEMENT AGREEMENT FOR DESIGN SERVICES FOR SMITHMOOR THIRD AND FOURTH ADDITIONS. Agenda Report No. 96-018. The City Council approved the Smithmoor Third and Fourth Additions development on November 29, 1994. The proposed Agreement between the City and Municipal Engineers provides for the design of Storm Water Sewer No. 415; Water Distribution System No. 448-88878; and paving Honeytree, Bluestem, Brandon and Shiloh (south of Harry, east of Webb). Because Municipal Engineers provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump-sum basis not to exceed $18,300 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. CONSTR. ENG. AGMTS. SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION ENGINEERING FOR REPLACEMENT OF A SANITARY RELIEF SEWER PIPE. (District IV) Agenda Report No. 96-019. On February 15, 1994, the City Council approved an agreement with George Butler Associates, Inc. (GBA) to study, make recommendations and prepare specifications for proposed maintenance work and improvements to the sanitary sewer system. The design agreement with GBA required GBA to provide construction engineering services if requested by the City. Based on recommendations and specifications from GBA, the City has contracted for the replacement of a sanitary sewer line in Everett from May to south of Lydia. The reconstruction involves reaming the existing 8-inch diameter line and pulling through new 10-inch and 12-inch diameter lines. Since this is a new construction method, staff recommends approval of a Supplemental Agreement with GBA to provide project oversight and construction engineering services. Payment to GBA for the number of days allowed in the construction contract will be on a lump sum basis not to exceed $11,500. Payment to GBA for each additional day ($500 per day) for inspection services is required and will be on a per diem basis not to exceed $5,000. The funding source is Sewer Utility, CIP Project S-315, with a budget authority for this project of $170,000. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. (Item No. 32b) SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION ENGINEERING FOR RAISING SANITARY SEWER MANHOLES. (District II) Chris Cherches City Manager recommended this Item be deferred to the next Council Meeting. Motion -- Knight moved that this Item be deferred until the next regular Council Meeting. -- carried Motion carried 7 to 0. (Item No. 33) CDBG LOAN REPAYMENT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LOAN REPAYMENT - BOYS AND GIRLS CLUB. Agenda Report No. 96-021. On October 18, 1994, the City Council approved a one year no interest loan of $75,000 to Boys and Girls Clubs for facility improvements to the City owned facility at 2408 East 21st Street. Use of the loaned CDBG funds allowed earlier occupation of the facility than would have been otherwise possible. Boys and Girls Clubs used $32,003.81 of the CDBG funds which were contractually obligated to be repaid by 12-31-95. Boys and Girls Clubs have repaid $20,000 against the loan, and have asked the remainder of the loan be deferred until December 31, 1996. Deferment of the balance of the loan will allow Boys and Girls Club to use other funds on hand for additional facility improvements. There is no change in the maximum loan amount of $75,000. The $32,003.81 used has been as payment of actual expenses. An extension of the loan repayment period is required to allow deferment of the balance of the loan. Council Member Rogers Council Member Rogers said that, in most instances, loan repayment of CDBG money is not made until the 99th notice and this is admirable and the Boys and Girls Club ought to be commended for their responsiveness to the dictates of the contract they signed, and for the kind of job they are doing in the City. Council Member Ferris Council Member Ferris said he was encouraged by the work the Boys and Girls Club is doing and that it has been an excellent investment. Council Member Kamen Council Member Kamen suggested the letter be structured for all of the Council Members signatures. Mayor Knight Mayor Knight asked that Council Member Rogers send the Boys and Girls Club a letter on behalf of the Council expressing some of the things formally that he expressed today. Motion -- Rogers moved that the extension of the loan repayment period to December 31, -- carried 1996, be approved. Motion carried 7 to 0. (Item No. 34) LIQUOR TAX CONTRACTS 1996 SPECIAL LIQUOR TAX FUND CONTRACTS. (Districts I, II, III, IV, and VI) Agenda Report No. 96-022. The City Council on August 15, 1995 approved special liquor tax allocations for the following programs: *Mid-America All-Indian Center Indian Alcoholism Treatment Services (IATS) *Parallax Program, Inc. *Recovery Services Center, Inc. (RSC) *Northeast Drug Alcohol Referral and Tracking Station, Inc. (NEDARTS) *Regional Prevention Center (RPC) *A New Beginning, Inc. *Miracles, Inc. The contract with the Mid-America All-Indian Center Indian Alcoholism Treatment Services, provides funds for contractual outpatient substance abuse services to Native American and other low income persons in Wichita, including a special component for individuals who have been incarcerated and have substance abuse problems. It is estimated that in 1996 that in both components combined, 155 new clients will be treated and 2400 service hours will be provided. It is anticipated that the regular component will meet or exceed all objectives. The corrections component will not meet their goal of admissions and service hours and is being restructured and reduced to correspond to a 33 1/3 decrease in funding for 1996. (City Council District 6) The contract with Parallax Program will provide funds to partially fund a substance abuse residential treatment program. It is estimated that the program in 1996 will provide the following categories and levels of services: contract (1440); interviews (504); referrals (84); admissions/intakes (528); readmissions (48); ethnic minority admissions (168); female admissions (96); and maintain an 85% utilization rate. The program will also make available continuing care treatment to 264 individuals in the Alumni Continuing Care Program and volunteer medical services for those clients without resources, sick call visits, medical referrals, HIV and TBC counseling sessions and nutrition/health maintenance presentations. It is anticipated that program will meet all contractual goals and objectives. (City Council District 3) The contract with Recovery Services Center, Inc. (RSC) in 1996 will provide services from the following programs at the indicated services levels: residential social detoxification treatment to 1300 individuals; intermediate residential treatment services to 253 individuals; 130 hours of direct medical services for indigent clients without resources; 667 hours of contracted family counseling services and 165 hours of contract training services for the staff of the adolescent program. It is anticipated that in 1995, RSC will meet or greatly exceed all goals and performance objectives. (City Council Districts 4 and 6) The contract with the Northeast Drug Alcohol Referral and Tracking Station, Inc. (NEDARTS) in 1996 will provide outpatient substance abuse treatment service hours in the following categories and levels: information inquires/intakes (752) hours; motivational counseling (1160 hours); presentations/contacts with community groups (340 hours); liaison/resources and/or consultations to USD #269 (360 hours); technical assistance and program coordination to students (120 hours); and referral/resource contacts (1000 hours). Of the clients served, 75% will be targeted for Blacks and 5% to youth. NEDARTS will meet or greatly exceed all 1995 goals and objectives. (City Council District 6) The contract with the Regional Prevention Center in 1996 will provide prevention, education, information and referral services to individuals and families who have substance abuse and/or alcohol abuse problems. RPC also provides education and increased awareness and prevention services about substance abuse to individuals, groups, and any at risk individuals or populations. Services will be provided in the following categories and levels: literature distribution (64,400); media campaigns (4); referrals (433); information or consultations (1290); presentations to students (1548); presentations to women (258) and to ethnic groups (10); data consultations (17); workshops (103 hours); parent training (6); technical assistance (344); resource library acquisitions (17); technical assistance to minority communities (43); and cultural competency training (27 hours). RPC should meet all primary 1995 goals and objectives. (City Council District 1) The contract with A New Beginning in 1996 will treat 216 new clients and provide a total of 1040 hours of substance abuse outpatient counseling. Of the clients served, 95% will be minority adults and youth. A New Beginning will achieve or greatly exceed all 1995 goals and performance objectives. (City Council District 2) The contract with Miracles, Inc. in 1996 will provide substance abuse reintegration counseling and housing to 28 families (women with dependent children); and 520 hours of group substance abuse counseling. The agency will maintain an utilization rate of 80%; a new admission rate of 85% and successfully treat 60% of admissions. Miracles, Inc. will serve 27 families and provide over 700 hours of group counseling by the end of 1995. (City Council District 6) The Wichita-Sedgwick County Alcohol and Drug Abuse Advisory Board (ADAAB) recommended approval of the funding allocations. The funding source is 1996 special liquor tax funds and the contract amounts are as follows: *Mid-America All-Indian Center Indian Alcoholism Treatment Services (IATS) - $50,120 *General Services Component - $42,640 *Corrections Component - $7,480 *Parallax Program, Inc. - $69,830 *Recovery Services Center, Inc. (RSC) - $265,550 *Social Detoxification Program - $170,480 *Intermediate Treatment Program - $78,570 *Medical Services Program - $6,500 *Family Services Program - $10,000 *Northeast Drug Alcohol Referral and Tracking Station, Inc. (NEDARTS) - $35,060 *Regional Prevention Center (RPC) - $129,130 *A New Beginning, Inc. - $19,000 The terms of the contracts are for the period January 1, 1996, through December 31, 1996. Council Member Rogers Council Member Rogers said that, if what is going on in society is looked at, this needs to be looked at - not in terms of the specific moneys that have already been allocated - but in terms of the Council looking at, and doing some research on, what necessary adjustments might appear to be needed to be made in order to help these programs better utilize their funds and, more specifically, address the emerging problems in drug prevention, drug counseling, and drug treatment. "I have been looking at this for quite a while and what I have found, basically, with the State, County, and City organizations is that - I'll use the State because then it does not offend anybody - when there are programs like State Department programs, if they economize, if they evaluate and eliminate those aspects of the program that are not effective - and they even know it - what that means is a reduction in the money for next year - so they do not do it. So, they really even keep aspects of the program that the professionals in the program know are inadequate in order not to lose money and so forth and staff. "I think it would be in the best interest of the citizens of Wichita if we would make it a project to develop a specific criteria that we are going to fund out of these funds for these programs that are addressing the needs of prevention, counseling, and treatment. I think there is some very specific, professional information we can use because I simply do not see that we are addressing about 38 to 45 percent of the problems we have in this community and across this Country in terms of over- utilization of drugs and alcohol." Consensus of the Council was that Council Member Rogers will work with the ADAAB Board and other affected groups that give the Council recommendation to bring back recommendations to the City Council. Motion -- Rogers moved that the Contracts be approved and the Mayor be authorized to -- carried execute. Motion carried 7 to 0. PROPERTY ACQUISITIONS ACQUISITION OF 121 NORTH RIVER BOULEVARD FOR THE SCIENCE CENTER PROJECT. Agenda Report No. 96-023. The Science Center Project, approved by the Council on January 25, 1994, requires the acquisition of several parcel of property. One of the needed parcels totals 7,775 sq. ft. and is located at 121 North River Boulevard. The property is owned by Graham Hatfield. Property improvements include a 3,085 square foot one-story frame and stucco office/warehouse built in 1964. The City has been acquiring various parcels of land in the West Bank area since the 1970's for the proposed Inner Loop highway, McLean realignment projects, the West Bank project and now the Science Center project. The current West Bank project area north of 2nd Street consisted of parcels purchased from a salvage operation (originally the old Midland Valley Railroad yard), the old Pepsi facility, and the Union Pacific Railroad. The current West Bank area south of 2nd (now the West Bank Stage area) consists of the City's old central maintenance facility and the old Midland Valley right-of-way purchased from the Union Pacific Railroad. Past West Bank expenditures include the following: Historic Expenditures Purchase of Pepsi $ 1,267,266 135,800 sq. ft. Other Costs for Relocation of Pepsi 526,804 Salvage Operation 127,500 179,937 sq. ft. Engineering & Consulting Fees, West Bank 177,412 Estimated Cost of City Maintenance Yard 1,172,024 359,550 sq. ft. Midland Valley Trackage in West Bank 316,521 205,533 sq. ft. Total - Historic $ 3,587,527 880,820 sq. ft. Recent Expenditures Purchase 740 W. 2nd $ 350,380 49,488 sq. ft. Demolish 724 W. 2nd 13,929 Purchase 815 Kiowa 11,193 1,650 sq. ft. Demolish 815 Kiowa 3,200 Purchase Belger Cartage 250,000 97,463 sq. ft. Relocate Belger Equipment 60,000 Belger Business Disruption 250,000 Total - Recent 938,702 148,601 sq. ft. Total project $ 4,526,229 1,029,421 sq. ft. 23.6 acres The property was appraised for $64,000. After this amount was offered to the owner, they also had the property appraised. The owner's appraisal valued the property at $85,000. A review of the City appraisal indicated a value of $75,000. Negotiated price of $80,000 was accepted by the Seller. Upon acquisition, the improvements will be razed allow the relocation of McLean as part of the Science Center project. General Obligation Bond funds have been budgeted in the 1994-2203 Capital Improvement Program for the Project. A budget for this acquisition in the amount of $85,000 includes: $80,000 for acquisition; $1,000 for closing costs, title insurance, etc.; and $4,000 for demolition. Motion -- Knight moved that the budget and the Real Estate Purchase Contract be approved and the Mayor be authorized to sign the required documents. Motion carried -- carried 7 to 0. ACQUISITION OF PROPERTIES (TRACTS #7, #9) FOR THE MURDOCK IMPROVEMENT PROJECT. Agenda Report No. 96-024. The Murdock Improvement Project from Waco to Wabash, approved by Council on June 14, 1994, will require the partial acquisition from fourteen tracts along Murdock from Waco to Wabash. Two of these tracts are tracts #7, and #9. The properties are described in the tract maps and legal descriptions attached. Murdock will be upgraded to a five lane arterial standard. Each tract contains approximately 50 square feet. Due to the small size of the takings, the estimated value of the properties are minimal. The property owners have agreed to sell their property for $200 per tract. The 1994 Capital Improvement Program includes $150,000 to acquire the necessary right-of-way for the project along Murdock from Waco to Wabash. The funding source is General Obligation Bonds. The budget of $650 includes $400 for acquisition and $250 for closing costs, and title insurance. A budgeted amount of $1,400 has already been approved for the purchase of four other tracts which will be closed by the next week. After the purchase of these parcels, there will be eight more left to purchase for the project. Motion -- Knight moved that the budget and the contracts be approved and the Mayor be -- carried authorized to sign the necessary documents. Motion carried 7 to 0. ACQUISITION OF 3401 NORTH HILLSIDE FOR THE NORTH HILLSIDE IMPROVEMENT PROJECT. Agenda Report No. 96-025. The North Hillside Improvement Project, approved by Council on May 9, 1995, will require the partial acquisition or temporary easements from six tracts along North Hillside. One tract identified for a permanent easement and three temporary easements is located at 3401 N. Hillside. This property is owned by Wedel Group XII Limited Partnership. The required right of way and temporary easements are described on the following pages. The right of way being acquired is currently unimproved and contains 2,210 square feet and the three temporary easements are estimated to contain 247, 531, and 482 square feet. Due to the timing requirements for the project, eminent domain action was initiated and approved by council on November 7, 1995. An appraisal completed by Roger Turner Company estimates the appraised value of the property at $1,405. The property owners contend that the specified property will eliminate their use of space directly in front of the building for parking their trucks. The estimated cost of improving additional space containing 12,000 square feet for such use is $12,000. After further negotiations, the owners have agreed to sell the needed property to the City for $7,000. After the City has acquired the property, the eminent domain process can be stopped. The 1995 Capital Improvement Program includes $100,000 to acquire necessary right-of-way for the project from 27th street North to 37th Street North. The funding source is General Obligation Bonds. This is the sixth acquisition for the project. The budget of $7,200 includes $7,000 for acquisition and $200 for closing costs, and title insurance. Motion -- Knight moved that the budget and contract be approved and the Mayor be authorized -- carried to sign the necessary documents. Motion carried 7 to 0. ACQUISITION OF TRACT #6 IN THE 3600 BLOCK OF NORTH HILLSIDE FOR THE NORTH HILLSIDE IMPROVEMENT PROJECT. (District I) Agenda Report No. 96-026. The North Hillside Improvement Project, approved by Council on May 9, 1995, will require the partial acquisition or granting of temporary easements from six tracts along North Hillside. One tract identified for a partial acquisition is located near the 3600 block of N. Hillside. This property is owned by Koch Industries Incorporated. The right of way is described on the following page. The property being acquired is currently unimproved and contains 1,287 square feet. The owner has accepted a negotiated offer of $960. Several recent acquisitions and sales in the area supported the offer. The 1995 Capital Improvement Program includes $100,000 to acquire necessary right-of-way for the project from 27th street North to 37th Street North. The funding source is General Obligation Bonds. This is the fifth acquisition for the project. The budget of $1,160 includes $960 for acquisition and $200 for closing costs, and title insurance. Motion -- Knight moved that the budget and contract be approved and the Mayor be authorized -- carried to sign the necessary documents. Motion carried 7 to 0. CONTRACT EXTENSION CONTRACT EXTENSION - AMPCO. Agenda Report No. 96-027. On September 26, 1995, the City Council granted an extension of the contract with AMPCO System Parking (AMPCO) pertaining to the State Office Garage and various other city-owned parking lots. This extension terminated on December 31, 1995. Under the contract, AMPCO is required to provide to the City an annual audit, revised budgets, other documents and reports for City performance evaluation purposes. The contract is extended for one year periods upon written notice from AMPCO of its intent to extend. The contract is cancelable upon 30-day written notice from the City. During the initial extension period, AMPCO provided to the City the required written notification of its intent to renew the contract; an annual audit; budget projections and other required documents and reports. These have been reviewed by staff and found to be acceptable. In the interim, the City Hall parking garage was completed. It was felt that management services might be obtained at better rates if all City garages and surface parking lots were included within one Request for Proposals. To this end, staff is preparing to operate the garage for approximately six months to develop operating information to better allow the City Hall parking garage to be included in this blanket Request for Proposals. The terms of the contract call for increased monthly fees for the State Office Garage (from $6,671 to $7,355) effective on January 1st. Other City lots responsibility would continue on a 70/30 split between the City and AMPCO respectively. A Letter of Extension has been prepared by the Department of Law to continue the contract for an additional sixth month period under the existing terms and conditions, except that the monthly management fee paid to AMPCO will NOT be increased effective January 1, 1996. Motion -- Knight moved that the 90-day Letter of Extension be approved. Motion carried -- carried 7 to 0. PROPERTY DISPOSITION SALE OF 1059 N. INDIANA. Agenda Report No. 96-028. 1059 N. Indiana is a City owned unit. The unit was rehabilitated by DETAMC under the RIP Program and is being sold under the HOMEsteading Program. The HOMEsteading Program is designed to allow first-time very low-income families to purchase and rehabilitation substandard single-family homes to minimum code. The program is targeted to families who might otherwise be unable to purchase a home due to down payment requirements, conventional loan-to-value ratios, or conventional interest rates. The HOMEsteading program establishes a mechanism for the City to upgrade and stabilize older, deteriorating neighborhoods by placing homeowners into houses obtained by the City through foreclosure, donation, or houses moved by the City to in-fill lots. The Indiana property is a 830 square foot, two bedroom, one bathroom home with living room and kitchen. The property is selling for the price $32,000. The buyer will receive two loans. The first loan is an affordable home mortgage from Intrust bank and the second mortgage is from the City in the amount of $17,500. The City loan is a zero interest, deferred payment loan. The buyer will need approximately $500.00 of their own funds for closing. The property is being appraised by a certified appraiser in conduction with the loan application process at Intrust Bank. 1059 N. Indiana is legally described as the Lots 41-43, Wabash Second Addition. The HOMEsteading program requires a deed restriction be filed at the time of sale. The restriction requires the property to remain affordable for fifteen years from the date of purchase. The Mayor will sign the Corporation Warranty Deeds and Lien Affidavit and Agreements for the City. Motion -- Knight moved that the sale be approved and the Mayor be authorized to sign the -- carried necessary documents. Motion carried 7 to 0. RESOLUTION RESOLUTION SETTING A PUBLIC HEARING FOR FEBRUARY 6, 1996, TO PAVE 9TH STREET FROM TYLER ROAD TO 200 FEET EAST OF TYLER ROAD. (District V) Agenda Report No. 96-029. 9th Street is an asphalt mat road immediately east of Tyler. The pavement thickness is substandard and has deteriorated badly. Adopting the Notice of Hearing resolution will set in motion the legal notification requirement prior to holding a public hearing on February 6, 1996. Prior to the public hearing before the City Council, a CPO meeting to discuss the proposed project will be held with affected property owners. The estimated project cost is $10,000 with the total assessed to the improvement district. Approving the Notice of Hearing of resolution and publishing it twice on consecutive weeks in the official City newspaper provides the legal notification required by state law. The Council is not approving the project at this time - only establishing the date of a public hearing. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-96- 007 A Resolution directing and ordering a public hearing on the advisability of improving 9th Street from the east line of Tyler Road to the east line of Lot 1, Gipson Addition, in the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PARKING ENFORCEMENT PARKING ENFORCEMENT - MANAGEMENT OF CITY-OWNED PARKING FACILITIES. Agenda Report No. 96-030. The Office of Property Management currently administers two City-owned parking garages and ten surface lots (totaling 2,600 parking spaces), directly or through private parking management contracts. Maintaining effective enforcement of these facilities requires additional flexibility in enforcing the parking regulations when parking control or police officers are not available. The current enforcement of City-owned parking facilities is often ineffective because either the parking control personnel (or police officers) are not available to respond to enforcement needs. In addition, there is a reluctance of parking management personnel to request police officer assistance for parking enforcement because of their patrol responsibilities. Currently, when a parking violation occurs, requests for a parking control officer must be dispatched; parking managers must wait at the parking location to authorize issuance of a citation until an officer arrives. In many cases, no enforcement action may be possible because of the time delay (between the initial call and the time the officer arrives) at the location. On occasion, an officer may never arrive because other pressing activities require regular police staff to be elsewhere or because no control officers are on duty (e.g., after 5 p.m. and/or on weekends). This procedure does not provide the type of parking facilities enforcement necessary to ensure effective operations. It likewise represents inefficiency and a waste of time parking enforcement time. To remedy the situation and more effectively manage City parking facilities, it is proposed that special officers (parking enforcement personnel) be utilized for garage and parking lot enforcement, thereby placing such responsibility on the management personnel and relieving regular law enforcement officers of this backup function. The main objective of this action is to increase the use of City-owned parking facilities by more effective enforcement procedures. There are no expected costs associated with this program since parking manager's are currently under contract. Any administrative costs experienced with this program will be recovered through increased revenue from violations. More effective use of officers' time will be possible, while at the same time, demands of the regular parking control officers (time, fuel, vehicles, etc.), should be decreased. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance authorizing the City Manager to appoint special officers for the purpose of issuing parking citations or complaints for violations of City ordinances regulating parking in City parking garages and parking lots, introduced and under the rules laid over. ORDINANCE SECOND READING ORDINANCE. (First Reading 12/28/95) ORDINANCE NO. 42-980 Convention Hotel An Ordinance amending and repealing Sections 5, 6, and 7 of Ordinance 42-767, authorizing the issuance of bonds by the City of Wichita, Kansas, at large, for public improvements for a hotel with meeting rooms and an adjoining parking garage, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 41 and 46 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 41 and 46 be approved as consensus Items. -- carried Motion carried 7 to 0. S/D 95-77 S/D 95-77 - PLAT OF THE CAPITAL SECOND ADDITION LOCATED SOUTH OF 13TH STREET (Item No. 41) NORTH AND WEST OF ROCK ROAD. (District II) Agenda Report No. 96-031. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. Sewer 100 Percent Petition for construction of Lateral 128, War Industries Sewer (south of 13th, west of Rock) Project No. 468- 82559 ($21,000 SA) (Hold for development) Documents Avigational Easement, Restrictive Covenant, and Certificate of Petitions from W.K. Capital Ent. Motion -- Knight moved that the Petition 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-96- 008 Resolution of findings of advisability and Resolution authorizing construction of Lateral 128, War Industries Sewer (south of 13th, west of Rock) Project No. 468- 82559 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. Z-3183 Z-3183 - REQUEST FOR ZONE CHANGE FROM "G" MOBILE HOME DISTRICT TO "BB" OFFICE DISTRICT LOCATED APPROXIMATELY 750 FEET SOUTH OF 47TH STREET SOUTH ON THE WEST SIDE OF MERIDIAN AVENUE. (District IV) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-032. MAPC Recommendation: Approve (9-4). Staff Recommendation: Approve CPO Recommendation: Deny (5-2). The applicant requests a zone change from the 'G' Mobile Home District to the 'BB' Office District for a 0.35 acre site identified as condominium units 74 and 75 located in Lot 1, Block 1, Southborough Estates Addition. The subject property is located approximately 750 feet south of 47th Street South on the west side of Meridian Avenue. The applicant proposes to use the property for office uses. The site is developed with a parking lot and a manufactured home that is currently used for a real estate office for purposes of developing the Southborough Estates mobile home park (which is permitted in the 'G' District as an accessory use for the mobile home park), as well as other office uses. In September of this year, the Office of Central Inspection cited the applicant for zoning code violations and for an advertising sign that was illegally located without a permit and which advertises an illegal use at the location. According to Central Inspection staff, the manufactured home includes the mobile home park office, Lange Real Estate office and staff for city wide real estate business, Abes You lock It (pick-up location for keys to storage units in another location in the city), and Storm Shelters Plus which includes outside display of shelters. The proposed zone change to 'BB' would allow the real estate offices as well as offices associated with the retail and storage business. However, the 'BB' zoning would not permit any retail uses, sales, or display activities and any such existing uses would have to relocate. If the zoning is approved, the manufactured structure would be subject to all ADA code requirements. Therefore, modifications to the structure may be necessary. Also, the property owner will have to obtain permits for the parking lot and the advertising sign that were installed without permits. The application area is surrounded by residential zoning in all directions, with manufactured homes to the north and west, and undeveloped property to the south and east. All four corners of the 47th Street / Meridian are zoned 'LC' Light Commercial. However, none of the 'LC' corners have developed with nonresidential uses. Although a manufactured home is located between the subject property and the 'LC' zoning, the applicant indicates that his property and the property to the north (if rezoned to 'BB') would serve as a logical transition between 'LC' zoning and the residential zoning. At this time, there are no other properties along Meridian between Interstate I-235 and Haysville that are zoned for nonresidential uses, except for the 'LC' zoning at the four- corners of section line arterial roadways that was established by the County's 3-mile zoning around Wichita in 1958. At the MAPC hearing on November 30, 1995, one area property owner, who owns considerable undeveloped land in the vicinity, spoke in opposition to the request. The protester expressed concerns that the businesses have been operating in violation of the Zoning Code for over two (2) years, the site only has access from a private residential street, the area is residential in character, and that the approval of the request constitutes "spot zoning". The president of the Southborough Estates homeowners' association spoke in favor of the request, indicating that the presence of the office results in better maintenance of the entire area, and he presented a petition in favor of the zoning request, signed by a number of the homeowners. Council Member Gale Council Member Gale said this is being used for the office of the Southborough Estates Subdivision as well as a real estate office. There were some concerns brought up at the CPO meeting which did result in the CPO voting to deny the zone request. The concern was with the use of the private drive which is a part of the Southborough Estates division. Since that meeting, all of the current home owners of the Estates division have signed a petition in support of the zoning change. Another concern was the spot zoning and how the neighbors in the area feel about it. As shown by the petition, the neighbors immediately surrounding are in support of the zone change. Marvin Krout Director of Planning, responding to a question, confirmed that it is not the sales office that is the problem, rather, it is the additional possible tenants. Regarding spot zoning, the Director of Planning said there are occasionally spots of zoning but the nature of the spots must be looked at. In this situation with the homeowners' support and the limited size of the tract, it was felt there would not be a detrimental impact. Whether or not the property has been illegally used in the past should not have bearing on looking at the appropriateness of the use today. A minimum number of access points along arterials is encouraged and sharing drives is encouraged. In this case, if the homeowners do not have an objection to sharing the drive, this is preferred. Council Member Cather Council Member Cather said he could not support spot zoning which opens this up to a lot of other potential tenants. Council Member Ferris Council Member Ferris said that to consider this spot zoning is stretching the concept of spot zoning. There is basically undeveloped area all the way around this and the person who owns the office property owns a lot of the property around the office. The council member for this area approves the zone change, the neighborhood wants the change, and the only person who does not want this is someone who has had a business relationship that seems to have had some problems with this individual, and is almost punitive on the person who is adjacent, who also wants to develop, perhaps, his portion of the property in a way that he wants to compete. So, the City is getting in the middle of what is almost a competitive situation that has nothing to do with zoning. The person owning the property has an exclusive right to use the property how ever he wants so long as it is not to the detriment of the property around it. When there is staff, a Council Member, Director of Planning, and neighbors who are saying it is not a detriment, then it is not understood why this would not be approved. 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 recommendation of the MAPC be approved, subject to the recommended conditions, and the Ordinance be placed on first reading. Council Member Rogers Council Member Rogers said he was extremely uncomfortable with this matter and that he could not support the motion. Marvin Krout Director of Planning said the Comprehensive Plan does take a more flexible approach about office and commercial development along mile-line streets. If the property is at the end of a collector street of a subdivision, there may be some opportunities for limited office or commercial development that is neighborhood serving. The idea being that you should not have to necessarily walk to the intersection which may be too far to walk and if people are to be encouraged to walk and bicycle and have other modes of traffic, and there is not going to be a traffic compatibility problem, then the comprehensive plan states that there may be places for neighborhood serving uses at the end of collector streets in the middle of a mile section. This is not just spot zoning, there are things that can be pointed to in the Comprehensive Plan that says that maybe this makes sense in some cases. Council Member Gale Council Member Gale said that with mobile home parks, most often, the first thing that is come to is the office to the mobile home park which is similar to this case. This zoning request is critical to the area to be developed. -- failed Motion failed 4 to 3. Cather, Cole, Rogers - No. Council Member Ferris Council Member Ferris clarified that this Item has to be sent back or voted down. Since the Planning Commission voted to approve it, the City Council cannot deny it without five votes. Motion -- Ferris moved that this matter be sent back to the MAPC for reconsideration. -- carried Motion carried 7 to 0. Z-3185 Z-3185 - REQUEST FOR ZONE CHANGE FROM "BB" OFFICE DISTRICT TO "OC" OFFICE COMMERCIAL LOCATED ON THE SOUTH SIDE OF CENTRAL, EAST OF HILLCREST AVENUE. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-033. MAPC Recommendation: Approve zone change , subject to filing of voluntary restrictive covenant. Staff Recommendation: Deny zone change. CPO Recommendation: Approve zone change. The applicant requests a zone change from the 'BB' Office District to the 'OC' Office Commercial District for a 0.14 acre (50' x 120') portion of Lot 5, except the east 124 feet, Jim Fisher Addition, located in an area on the south side of Central, east of Hillcrest Avenue (6025 East Central). The property is currently developed with a single family home. The applicant proposes to open a beauty shop in the existing structure, which is first permitted by right in the 'OC' district. In addition to uses permitted in the 'BB' District, the 'OC' District permits a number of "limited" retail and service uses which are considered to be compatible when adjacent to or near residential areas, yet tend to generate more traffic than typical office uses. Such uses include, but are not limited to a craft supply store, camera shop, drug store, florist shop, hair stylists, tailor shop, and etc. In the proposed "Unified Zoning Code for Wichita-Sedgwick County", the 'OC' District will be replaced by the 'NR' Neighborhood Retail District, which will allow a wider range of retail uses such as restaurants, video stores, and 'limited' printing and copying services. The 'NR' District is intended for areas identified for 'commercial uses' by the Comprehensive Plan. The subject property is designated by the proposed update to the Comprehensive Plan for 'office' uses. In order to address concerns about traffic along Central, the applicant has volunteered a restrictive covenant that would restrict the permitted uses on the site to all uses permitted in the 'BB' District, plus a hair stylist salon. Therefore, all other 'OC' uses would be prohibited from the site. The application area is currently surrounded by duplex homes to the south, single family home structures that have been converted to offices located to the east and west, and restaurants and retail shops on the north side of Central. A barber shop is located nearby at the southwest corner of Central and Brookside Parkway, which is similar to the proposed use, but is a home occupation that existed prior to a rezoning request to 'BB' in 1987. Home occupations are limited in scope by the Zoning Code to the occupant of the residence, plus one outside employee. If the proposed rezoning request is denied, the applicant could still operate a salon as a home occupation from this site. The MAPC held a public hearing on November 16, 1995, and no area residents spoke in opposition to the request. After significant discussion, the MAPC voted to defer the request to allow the applicant an opportunity to meet with adjoining property owners about developing shared access from Central and joint parking behind the existing structures. At the MAPC meeting on December 14, 1995, the applicant submitted a plan for access/parking for the three existing structures on the lot. However, the applicant indicated that the adjoining property owner to the east is unwilling to participate in constructing the access drive and rear parking area until that site is redeveloped. Therefore, the applicant proposed to construct temporary parking in the front of the existing structure, which would be removed at which time the other portion(s) of the lot are redeveloped. The applicant would also be required to provide access through his property to serve the remaining portion of the lot. After discussion, the MAPC voted 10-3 to recommend approval of the zone change, subject to the restrictive covenant volunteered at the MAPC meetings. Motion -- Kamen 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 condition of recording the voluntary restrictive covenant; and the Ordinance be placed on first reading with publication being withheld until such time as the Plat has been recorded with the Register of Deeds. Motion -- carried carried 6 to 1. Cather - No. 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-3185 Z-3186 Z-3186 - REQUEST FOR ZONE CHANGE FROM "AA" ONE FAMILY DWELLING DISTRICT TO "A" TWO FAMILY DWELLING DISTRICT LOCATED ON THE NORTHWEST CORNER OF ENGLISH AND CRESTWAY. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 96-034. MAPC Recommendation: Deny zone change. Staff Recommendation: Approve zone change. CPO Recommendation: Approve (4-0) The applicant requests a zone change from the 'AA' One Family Dwelling District to the 'A' Two Family Dwelling District for the south 100 feet of Lots 57-60, Block 1, Merriman Park Place Addition. The subject property is developed with a single family home and an accessory garage structure. The applicant requests the zone change to 'A' in order to permit a home occupation inside the accessory structure, and to permit one non-resident employee on-site, neither of which is permitted in the 'AA' District. Section 28.04.035 of the Zoning Code permits a number of business, professional, and other occupations as home occupations in zoning district permitting residences. Home occupations include home crafts (such as cabinet making, appliance repairs, and rug weaving), office facilities (such as architects, lawyers, doctors, insurance agents, decorators, and photographers), personal services (such as dressmakers and beauty shops), and family day care homes. no more than one (1) person, other than person(s) occupying such dwelling unit as their residence, may be employed by a home occupation. The home occupation requirements of the Zoning Code also prohibit any stock- in-trade (except articles produced by members of the immediate family residing on the premises) from being display or sold on the premises and prohibit any signage, unless required by law. Earlier this year, the Office of Central Inspection issued a notice of zoning violation to the owner of the subject property for operating a home occupation in an accessory building, which is not permitted in the "AA' District. When located in 'AA' zoning, home occupations must be conducted entirely within the main residential building, with no activities permitted in an accessory building (such as a garage), and no outside employees may be employed by the home occupation. However, in all other districts permitting residences (including the requested 'A' zoning), home occupation are permitted in an accessory structure and one (1) other person(s) occupying the residential dwelling, may be employed. The applicant recently remodeled and rewired an addition to an accessory garage structure on the subject property, and is currently operating an office for a pool cleaning business. The applicant's request for 'A' zoning would permit the business to operate in the accessory structure as an office, as long as it complies with all other home occupation requirements (i.e. number of employees). OCI indicated that they did not view the 'incidental' inside storage of pool cleaning materials and equipment to violate the ordinance if the rezoning is approved. However, no outside storage of pool cleaning materials, chemicals, or equipment would be permitted on the site. OCI also views the limitation of one non-resident employee to mean one such person on the property in question, and not limiting the number of employees who do not come onto this property. At the MAPC hearing on November 30, 1995, one neighbor spoke in favor of the request, and several area residents spoke in opposition to the request. The residents in opposition expressed concerns about potential hazards from storage of pool chemicals, the applicant's previous violations of the Zoning requirements (including outdoor storage, and the number of employees on the site), difficulty in monitoring and enforcement of the home occupation, and the precedent that would be set by approving the request. The applicant also testified that he unknowingly violated the Zoning Code by storing some equipment outside, and at times by having up to three (3) employees on the site. During the Commission's discussion of this matter, several MAPC members stated that they supported home occupations in residential areas. However, some members also stated that they had concerns that the proposed home occupation would not be appropriate for this area and could detrimentally affect nearby properties and the character of the neighborhood. After discussion, the MAPC voted 8-5 to recommend denial of the zone change. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Bob Kaplan Bob Kaplan, Attorney for the applicant, said he was retained following the Planning Commission meeting and did not represent the applicant at the public hearing. Having done a substantial review of the MAPC Minutes, Mr. Kaplan said he thought there were substantial problems procedurally with the manner in which the matter was handled at the Planning Commission meeting. Specifically, statutorally, the applicant is entitled to a public hearing which occurs at the Planning Commission level. The essence of the appellate law on zoning is that a "issue oriented review" is required. The City has a Policy 10 Statement which details the factors that are to be considered in granting or denying a land-use application, i.e. zoning. This particular meeting focused on two things: 1) on Mr. and Mrs. Vin Zant individually and the home occupation that they were operating out of the residence - a swimming pool cleaning business; and 2) almost substantially and exclusively on home occupations and a discussion of the home occupation ordinance. What it did not focus on was the issue oriented review that was required to make a decision on this zoning case. Motion -- Kamen moved that the application be returned to the MAPC for reconsideration. -- carried Motion carried 7 to 0. Z-3187 Z-3187 - REQUEST FOR ZONE CHANGE FROM "BB" OFFICE DISTRICT TO "LC" LIGHT COMMERCIAL, LOCATED NORTHEAST OF EASTERN AVENUE AND ORME STREET. (District II) Motion -- carried Kamen moved that this Item be deferred two weeks. Motion carried 7 to 0. Z-3188 Z-3188 - REQUEST FOR ZONE CHANGE FROM "E" LIGHT INDUSTRIAL TO "D" CENTRAL (Item No. 46) BUSINESS DISTRICT LOCATED SOUTH OF SECOND STREET ON THE WEST SIDE OF WATER, 245 NORTH WATER STREET. (District VI) Agenda Report No. 96-036. MAPC Recommendation: Approve zone change. Staff Recommendation: Approve zone change. CPO Recommendation: Approve (6-0). The City of Wichita and the United Way of the Plains request a zone change from the 'E' Light Industrial District to the 'D' Central Business District for a 0.57 acre site located south of 2nd Street on the west side of Water Street (245 N. Water Street). The United Way is intending to purchase the site from the City. The property is currently developed with a surface parking lot and a two story, 30,000 square foot office building constructed in the 1950's. The zone change is requested in order to eliminate the parking requirements for the property. The subject property is bordered by a one (1) story building to the north which is occupied by Pip Printing, surface parking lots to the south and west, and the IMA Plaza office building to the east. Under the existing 'E' zoning, the property is subject to the City Zoning Code parking requirements for off- street parking spaces which would be at least one parking space for each two hundred fifty (250) square feet of floor area for the first 30,000 square feet of floor area. Therefore, a minimum of 120 parking spaces are required for the existing structure in 'E' zoning. However, Section 28.04.141 of the Zoning Code exempts all non-residential structures in the 'D' zoning district from all off-street parking requirements. According to offi