MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, March 3, 1998 Tuesday, 9:05 a.m. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Lambke, Rogers; present. *Council Members Ferris, Kamen; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rabbi Pincus Aloof, Hebrew Congregation Synagogue. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of February 24, 1998, were -- approved approved 5 to 0. (Ferris, Kamen; absent) AWARDS AND PRESENTATIONS SERVICE CITATIONS Mayor Knight presented Distinguished Service Citations to those present. *Council Member Ferris present. PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. AWARDS Mayor Knight presented United Way Employee Campaign Awards. PUBLIC AGENDA RICHARD M. HIBBS COMMENTS BY RICHARD M. HIBBS. Richard Hibbs said he had genetic proof that a wolf is a dog and that he has a veterinarian's signature on a document showing that rabies shots have been proven for wolves. Mr. Hibbs said he would like to have the City's Ordinance changed to allow wolves in the City of Wichita. Mayor Knight Mayor Knight responded that the City is required to take certain steps to protect all citizens. The Health Board and those who influence the City Council are the ones to convince. Council Member Ferris Council Member Ferris asked that the Board of Health review what consists of exotic animals and why they are considered to be exotic animals. ADDENDUM ITEM 1a. SAM MUYSKINS COMMENTS BY SAM MUYSKINS. Sam Muyskins, Railroad Safety Coalition, said the Coalition's purpose in Wichita is to bring attention to the safety of the Union Pacific (UP) Railroad and the impact it will have on the City of Wichita. Mr. Muyskins asked help and guidance from the City Council as to how the coalition can be the most help to the City in negotiations with the Union Pacific Railroad. UNFINISHED BUSINESS WILSON PROPERTY AMEND DP-191 - Amendment #8 to the Wilson Property Commercial Community Unit Plan Located South of 21st Street North on the East Side of Tara Circle. (District II) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-130. MAPC Recommendation: Approve a 60 square foot sign. Staff Recommendation: Deny. CPO Recommendation: Deny. The applicant proposes to amend the Wilson Property Commercial CUP (DP-191) to allow Parcel 1 to increase the size of the building sign for Central Bank and Trust from 32 square feet to 90 square feet. Currently, Parcel 1 is allowed a 36 square foot monument sign and a 32 square foot building sign per the sign code. An administrative adjustment is currently being processed to allow the monument sign to be moved less than 150 foot from the monument sign on the parcel to the west. The applicant states the request to increase the size of the building sign is needed due to the fact the bank sits 85 feet from 21st Street North and the increased size of the sign would allow for persons traveling along 21st Street to recognize the bank. At the MAPC meeting on January 29, 1998, opposition to this proposal spoke about the increasing number of amendments to the Wilson Estates Commercial CUP. Those persons who spoke in opposition to this case expressed concern about this request setting a precedent for future sign amendments. The applicant stated the increase in the building sign size was needed to compete with other commercial properties in the area, as well as the bank being located off of 21st Street. After discussion, the MAPC voted (6-5) to approve a compromise of 60 square feet. Several property owners in the notification area filed an appeal of the MAPC decision, so the City Council must review and make a final decision on this case. Motion -- Knight moved that the request be denied based on the following Findings of Fact: 1. The property is not unique inasmuch as and there are no nearby structures, curves in the road or hills in the road which would obstruct vision of a 32 foot square building sign, the building is very close to the road, and the use will also be advertised by a separate monument sign. We would also note that most other banks located in this area are able to operate with building signs 32 square feet or less, even though they are on "LC"- zoned lots which permit more signage. 2. Granting of the CUP amendment will adversely affect the rights of adjacent property owners inasmuch as this requested sign increase is almost 200 percent larger than permitted by code for properties located in the "GO", General Office Zoning District. All parcels in this CUP, which are zoned "GO", are only permitted 32 square foot building signs. With the approval of this increase, other parcels located in this CUP, as well as across the City, would have the precedent established to request the tripling of the permitted building sign. 3. Strict application of the provisions of the Sign Code will not constitute an unnecessary hardship upon the applicant inasmuch as the sign provided for in the sign code is of sufficient size to be viewed by the traveling public to alert them as to the location of the Central Bank and Trust building. Travelers along 21st Street North would be able to see both a 36 square foot monument sign and a 32 square foot building sign. Between these two signs, most persons will be able to recognize the location of the Central Bank and Trust. 4. The requested increase would adversely affect the public interest inasmuch as the visual quality of the area would be diminished and the public and private investment in buildings and open space would not be protected. 5. Granting of the increase requested would be opposed to the general spirit and intent of the sign ordinance inasmuch as a larger sign than provided for in the sign code, without justification based on physical characteristics of the property or adjacent properties, would not preserve "the visual qualities of the community, eliminate excessive signage or be harmonious to the buildings and sites which they occupy." The intent of the Unified Zoning Code in permitting banks in the General Office district was to provide more flexibility for siting these uses because they can be developed in a low-profile manner like other office uses. Council Member Ferris Council Member Ferris said the sign faces no neighborhoods and is not intrusive. This is a two-story office building and a 30 square foot sign is too small. -- carried Motion carried 6 to 1. Ferris - No. Council Member Gale momentarily absent. MUNICIPAL IMPROVEMENT DOWNTOWN SELF SUPPORTING MUNICIPAL IMPROVEMENT DISTRICT. Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 97-1112 A. On December 16, 1997, the City Council received a petition calling for the establishment of a Downtown Self Supporting Municipal Improvement District ("SSMID"), signed by more than 25% of the owners of property located within the proposed boundaries of the SSMID, whose property represented more than 25% of the aggregate assessed value of the proposed SSMID. On January 27, 1998, the City Council held a public hearing, pursuant to state law requirements, on the proposal to establish the SSMID. In compliance with the law, upon closing the public hearing, the Council set March 3, 1998 as the date for considering an ordinance establishing the SSMID. The proposed Downtown SSMID is described as "a private sector initiative to manage and improve the downtown environment with services financed by a self- imposed and self-governed assessment on properties and/or businesses. Services can include economic development, marketing, parking, transportation, beautification, security, maintenance, planning and special events." When the proposed SSMID was first presented to the City Council in a workshop, its promoters expressed their goal of getting petitions signed by more than 50% of the property owners and/or taxpayers who will be affected by the SSMID assessment, prior to its approval by the City Council. As of February 23, 1998, the SSMID promoters are still working to achieve this goal. The petition establishes the boundaries of the proposed management district as having three zones: Zone 1, which includes the east bank of the Arkansas River and one block either side of Douglas Avenue in the downtown area; Zone 1/Old Town, which is the Old Town Redevelopment District; and Zone 2, which is most of the rest of the Central Business District outside of Zone 1. The petition calls for a SSMID assessment of not to exceed 10 mills on the assessed value of all taxable property in Zone 1 and not to exceed 7.5 mills on taxable property in Zone 1/Old Town and Zone 2. In the event existing special assessments in Old Town are reduced by refinancing, the assessment for Zone 1/Old Town would be increased to 10 mills. The petition also calls for a sunset of the management district after seven years, terminating on December 31, 2005. The promoters of the SSMID recommend that an Advisory Board be established to develop and recommend assessments, budgets and policies to the City Council. The Board would be comprised of property owners and business owners from the various zones, as well as representatives from the City and the Downtown Wichita Association. The City Council will be responsible for adopting budgets and levying assessments for the District. The petition calls for an initial (1999) annual budget of not to exceed $400,000 to be funded from SSMID assessments, and annual increases thereafter to not exceed the annual change in the Wichita Consumer Price Index, or 3%, whichever is less. The business plan for the proposed SSMID anticipates that the current contract for development services between the Wichita Downtown Development Corporation (WDDC) and the City will be continued for the term of the District in the amount of $150,000 per year. It also calls for the City to enter into a base level of services agreement, setting a policy of maintaining current levels for municipal services downtown for the life of the District. If the District is established, the first distribution of SSMID assessment revenues will not occur until January 1999. The WDDC and the Downtown Wichita Association (DWA) plan to provide funding for 1998 downtown management activities from voluntary contributions from downtown businesses and property owners based on a percentage of their first year's assessments, subscriptions from businesses and organizations outside of the District and from the City contract payments. The Law Department advises that the proposed base level of services agreement would violate the State's Cash Basis and Budget Laws unless the agreement explicitly states that it is made subject to such Laws. State law pertaining to the establishment of a SSMID requires the City Council to vote on an ordinance establishing the SSMID not less than 30 days after holding a public hearing on the matter. Council Member Cole Council Member Cole spoke in favor of the project and said a majority of persons and a majority of the property owners were in support. It is time those who have not volunteered be required to carry their fair share. Mayor Knight Mayor Knight said the core are has been turned around by business people making wise decisions. The condition that led to decline should not be forgotten. Council Member Lambke Council Member Lambke said he had a problem with the private sector doing the managing. Management should be done by elected officials. Council Member Ferris Council Member Ferris stated that many who signed the petitions have triple-net basis tenants who will shoulder the burden of the payments. The Hyatt Hotel is a substantial taxpayer and the City shares in Hyatt profits. The tax would cut deeply into the profits. Motion -- Knight moved that the Ordinance in support of the creation of the SSMID be denied; and the Director of Law be instructed to bring back, within the next 30 days, a suggested process by which a voluntary district can be established. -- carried Motion carried 5 to 2. Cole, Rogers - No. RECESS The City Council recessed at 10:40 a.m. and returned at 10:50 a.m. Council Member Kamen absent. NEW BUSINESS PETITION TO PAVE ANNA PETITION TO PAVE ANNA FROM WALKER TO IRVING. (District IV) Gene Rath Assistant City Engineer reviewed the Item. Agenda Report No. 98-134. The signatures on the Petition represent six of eight resident owners (25% of the area) of the property in the improvement district. CPO Council 4 considered the project on February 12, 1998. The Council voted 6-0 to recommend approval. Anna, from Walker to Irving, is a sand road that is difficult to maintain and drains poorly. It serves an industrial area. The estimated project cost is $145,000. The funding source is special assessments. The method of assessment is the square foot basis. The estimated rate of assessment to individual properties is $00.42 per square foot of ownership. State Statutes provide that a Petition is valid if signed by a majority of resident property owners or by resident owners of the majority of the property in the improvement district. The Petition represents six of eight resident owners in the improvement district. Council Member Kamen present. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Gale moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-071 Resolution of findings of advisability and Resolution authorizing construction of pavement on Anna from the north line of Walker to the south line of Irving, Project Number 472-82914 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PETITION TO PAVE ALLEY PETITION TO PAVE THE ALLEY BETWEEN MAIN AND MARKET FROM EIGHTH STREET TO NINTH STREET. (District VI) Gene Rath Assistant City Engineer reviewed the Item. Agenda Report No. 98-135. The signatures on the Petition represent six of ten (41% of the area) owners in the improvement district. CPO Council 6 considered the Petition on February 11, 1998. The Council voted 8-0 to recommend approval. The alley provides rear access to businesses that front on Main and Market Street. It is difficult to maintain and holds standing water. The estimated project cost is $58,000. The funding source is special assessments. The proposed method of assessment is the front foot basis. The estimated assessment rate is $68.00 per front foot of ownership. State Statutes provide that a Petition is valid if signed by a majority of property owners or by the owners of the majority of the property in the improvement district. The Petition represents six of ten (and 41% of the area) owners in the improvement district. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-072 Resolution of findings of advisability and Resolution authorizing pavement on the alley between Main and Market, from 8th Street to 9th Street (Project Number 472- 82913) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. DOWNTOWN DEVELOPMENT DOWNTOWN DEVELOPMENT CORPORATION PROPOSAL. Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-136. In 1997, $100,000 in funding was approved by the City Council to support the Downtown Development Corporation's (DDC) activities in marketing City-owned property within the downtown area. Under the contract, the DDC was to prepare a management strategy to dispose of City-owned property and carry out planning/research, establish contacts with prospective tenants/developers, and facilitate sale and redevelopment. In addition to the budget support of this Agency, the agreement specifies that the City would pay a transaction fee, plus other reimbursable expenses involved in the sale of property. To date, one property has been sold for redevelopment. The DDC has requested the City to provide funding for 1998 in an amount of $150,000 to continue its activities in marketing downtown properties. Similar fees (as those outlined in the 1997 agreement) attributed to sale/development would be in addition to the (above) amount. If the Self-Supporting Municipal Improvement District (SSMID) is approved, then the $150,000 would be the City's share of the SSMID budget. If the District is not approved by the City Council, then the request is for the City to continue the activities of the DDC by such amount. The DDC has submitted the following budget and reimbursement schedule: 1997 1998 DDC Budget Chamber of Commerce $127,000 $ Private Sector Contributions 108,390 City 100,000 150,000 Total $227,000 $258,390 Uses of City Funds Salaries 31,000 70,000 Benefits 6,500 13,300 General Administration 1,934 20,000 Marketing and Public Information 15,866 Assess Management Strategy 44,700 Development Opportunity Profiles 8,800 Development Support 5,400 Travel 1,850 Hosting 500 Directories/Subscriptions 150 Project Solicitation 5,000 Feasibility/Market Analysis 20,000 Research _______ 5,000 Total $100,000 $150,000 The proposal from the DDC is for an advance of funds ($32,500) with reimbursements thereafter on a monthly basis of actual and eligible costs, together with a reconciliation at the end of the fiscal year. Under the City's payment, the Corporation would provide the following services: 1. Planning/research activities for City-owned property sale, lease, or development, including marketing materials; 2. Contacts with prospective tenants/developers; 3. Work with developers and assist in the negotiations for the sale or development of properties; 4. Coordinate work involving consultants, surveys and other requirements for development; 5. Facilitate the coordination of work required in the approval of plans and disposition of property; 6. Provide staff information about the Agency's activities. Funds to support this agreement would be provided from the City's 1998 General Fund budget. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Mayor Knight Mayor Knight said he would be comfortable using the 1998 year as an assessment year. If the DDC is not considerably beneficial he would not be in favor of further funding. Mayor Knight also said Staff time should not be used for political purposes. Motion -- Knight moved that the proposed contract with the DDC for 1998 be approved as proposed and, during the course of the year, the City will look at how the DDC progresses. Chris Cherches City Manager said specifications for performance could be negotiated with the agency. There could be performance measures/steps. Council Member Rogers Council Member Rogers asked that the whole matter of economic development be taken up in a workshop. -- carried Motion carried 4 to 3. Ferris, Lambke, Kamen - No. CENTRAL AVE. IMPROVE CENTRAL AVENUE IMPROVEMENT FROM WEST STREET TO MCLEAN BOULEVARD. Gene Rath Assistant City Engineer reviewed the Item. Agenda Report No. 98-137. 1998 Capital Improvement Program includes funds to improve Central from West Street to McLean Boulevard (CIP No. MS-432). CPO Council 6 considered the project on February 11, 1998. The Council voted 7-1 to recommend approval. The project will widen Central to five lanes with four through lanes and a center two-way left turn lane. New traffic signals will be installed at St. Paul and at Zoo Boulevard. The estimated project cost is $4,000,000, with $800,000 paid by the City of Wichita and $3,200,000 by the State. The funding source for the City share is General Obligation Bonds. The 1998 Capital Improvement Program includes funds to improve Central Avenue from West Street to McLean Boulevard. Council Member Kamen left the Bench. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Dan (inaudible) Dan (inaudible), business owner in the area, said he would like to ensure that there will be stiff penalties for non-performance. Gene Rath Assistant City Engineer explained that KDOT has been asked to allow the City to take bids, and if this is permitted, the City would be able to set strict time limits and penalties. Motion -- Gale moved that the Project be approved, and the Ordinance be placed on first -- carried reading. Motion carried 6 to 0. (Kamen absent) ORDINANCE An Ordinance declaring Central Avenue, from West Street to McLean Boulevard (472- 82906) to be main trafficways within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements on said main trafficway; and setting forth the nature of said improvements, the estimated costs there- of and the manner of payment of the same, introduced and under the rules laid over. FRIENDS UNIV. REFUND REQUEST FOR A LETTER OF INTENT FOR EDUCATIONAL FACILITIES REFUNDING REVENUE BONDS - FRIENDS UNIVERSITY. (District VI) Allen Bell Financial Projects Director reviewed the Item. Council Member Kamen present. Agenda Report No. 98-138. On March 17, 1992, Friends University, was issued Industrial Revenue Bonds Series V, 1992 in the amount of $5,010,000. The bond issue financed certain capital improvements located at 2100 West University and the refunding of a prior bond issue. Friends is asking the City to issue refunding bonds in an amount not to exceed $4,750,000 which would replace the Series V, 1992 bonds previously issued. The primary purpose of the refunding issue is to take advantage of the current favorable interest rates to lower the debt service costs to the University and allow additional capital to the University which could be invested to further strengthen the University's operations. The estimated costs of the project, and the sources of funding are as follows: Sources of Funds Bond Proceeds $ 4,725,000 Uses of Funds Refund Series V, 1992 Bonds $ 4,626,932 Underwriting and Issuance Costs 94,500 Miscellaneous Costs 3,568 Total Uses of Funds $ 4,725,000 It is anticipated that the Bonds will be purchased and marketed by Fahnestock & Co., Inc., of Kansas City, Missouri. Bond Counsel for the transaction is the firm of Gilmore & Bell. Friends has a current Equal Employment Opportunity/ Affirmative Action Plan on file with the Department of Human Services and is in compliance with all conditions of the original bond issues. Friends agrees to pay all costs of issuing the bonds and to pay the City's $2,500 annual administrative service fee for the term of the bonds. Friends does not request a tax abatement as a result of the issuance of the bonds. Bond documents needed for the issuance of the bonds will be prepared by Gilmore and Bell, P.C., bond counsel for the project. The City's Law Department will review all final bond documents prior to the issuance of the bonds. Winton Hinkle Winton Hinkle, bond counsel, explained that, in this case, the documents will be different and Friends University will retake title to all the buildings. There will be loan documents with the bonds secured by a first mortgage. This is a common practice in almost all other jurisdictions in the United States, except in Kansas. The bond holder's security will be essentially the same. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Dr. Biff Green Dr. Biff Green, Friends University, said this refunding will allow Friends University to reinvest savings directly back into the campus. Motion -- Cole moved that the Mayor be authorized to sign a Letter of Intent to Friends University for Educational Facilities Refunding Revenue Bonds in an amount not to exceed $4,750,000 for a 6-month term subject to the continuation of the -- carried conditions contained in the Series V, 1992 Bonds. Motion carried 7 to 0. IRB ORDINANCE REPEAL REPEAL OF ORDINANCE PERTAINING TO TYPED LETTERS INDUSTRIAL REVENUE BONDS. (District V) Mayor Knight momentarily absent with Vice Mayor Cole in the Chair. Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-139. In February 1997, the City passed Ordinance No. 43-376, which was directed at repeal of a prior ordinance, but, due to a typing error, mistakenly referenced Ordinance No. 42-480, pertaining to the City's Industrial Revenue Bonds, Series X, 1994 (Typed Letters Project), as the ordinance repealed. The problems with the ordinance which Ordinance No. 43-376 was directed at have been otherwise addressed, but it remains necessary to take appropriate action to ensure that Ordinance No. 42-480 remains in force and effect as intended. The error in Ordinance No. 43-376 may be most easily corrected by repeal thereof, with an express provision for revival or continuation in effect of Ordinance No. 42-480. With the exception of costs of publishing the repealing Ordinance, the corrective action will be without cost to the City. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance of the City of Wichita, repealing Ordinance No. 43-376 of the City of Wichita, Kansas, and reviving or continuing in effect Ordinance No. 42-480, introduced and under the rules laid over. CIP NW SEWER & WIS SEWER UTILITY CIP AMENDMENT - NORTHWEST SEWER ALTERNATIVE AND WAR INDUSTRIES INTERCEPTOR SEWER PROJECT. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-140. The Sewer Master Plan Study of May 1992 found deficiencies in the City's sanitary sewer system and recommended additional engineering evaluation to determine the most cost effective long range solution. The War Industries Interceptor Sewer System was evaluated due to overloading conditions during wet weather events. Several severe wet weather events resulted in sewage backing into basements of homes. Other projects, such as the reconstruction of the Dry Creek Interceptor Sewer, have improved these conditions already, but sewer system models indicate that the War Industries Interceptor Sewer needs improvement. The northwest portion of Wichita is experiencing rapid growth. Since this area is located a considerable distance from the City's existing wastewater treatment plants, determining the best method of providing wastewater service to the area was a prime goal for initiating the Northwest Wichita Sewer Master Plan. Both the War Industries Interceptor Sewer Study and the Northwest Sewer Master Plan recommendations have been completed. The recommendation for the War Industries Interceptor Sewer involves constructing a parallel 36" pipeline from Wassall, west of Hillside, to Kellogg and Eastern St., and some modifications at Wastewater Treatment Plant #1. The recommendation for the Northwest Sewer Master Plan is to construct a new wastewater reclamation plant and pipeline interceptors to direct sewage flow to the new facility. The plant would allow for continued growth for many years in northwest Wichita. The Northwest Sewer Master Plan also includes improvements at Plant #2 and some sewer main construction. This work must be done to continue providing an acceptable level of service to current customers. The estimated cost of the new sewage treatment plant to serve Northwest Wichita (CIP S-324) is $8.8 million spread over six years. The estimated cost of the War Industries Interceptor Sewer (CIP S-322) improvements is $16 million spread over three years. Of that $16 million, $6.1 million is in the budget for interceptor reconstruction. The other improvements included in the Plan will cost $20.45 million over eight years. The capital projects would be funded from the Sewer Utility Improvement Fund and/or future bond issues. Higher rate increases may be necessary to pay for these projects than would be necessary without them. When Council approved sewer rates in November 1997, 5% increases were anticipated in 1999 and 2000. Black & Veatch, in the 1997 Condition and Operation Report, recommended further rate increases, without the Northwest Sewer Master Plan: 1999 2000 2001 2002 2003 2004 2005 2006 6% 7% 7% 4% 4% 4% 4% 0% Updating assumptions on growth, inflation, and costs based on recent information, the staff projection is that likely rate increases to fund all the recommended improvements are: 1999 2000 2001 2002 2003 2004 2005 2006 0% 5% 5% 0% 5% 0% 0% 0% Stimulated growth and higher-than-anticipated plant equity fees may provide additional revenues to offset some of the increase. Absent construction of a new Northwest Sewer Plant, rate increases could be moderately less (5% less over eight years or an average of less than 1% per year); however, growth capacity of the City's sewer system would be limited by about the year 2001. Constraints on sewer capacity could curtail the City's growth or lead to developers finding other means for supporting growth in the area: supply of services by other municipalities, or creation of a sewer district, such as Four Mile Creek. The increased cost and rate impact of the proposed new Northwest Sewer Plant is marginal in the context of promoting growth and protecting the City's normal service area. Prospective rate increases are only projections to forecast possible rate impacts from capital improvements to sewer facilities. Staff would return to Council prior to implementing any rate increases. Finance has reviewed the financial analysis and concurs. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the 1998 CIP be amended to include the War Industries Sewer and Northwest Sewer Master Plan recommended projects and staff be authorized to select a design engineer. Council Member Rogers Council Member Rogers inquired as to whether the process for these contracts had the additional criteria with regard to minority contractors. Chris Cherches City Manager said the incentive policies criteria discussed was not carried forth in all professional service contracts. This will be brought back to the City Council as an agenda item for the Council to make an official statement. -- carried Motion carried 7 to 0. HELICOPTER/HELIPORT REV REVISIONS TO HELICOPTER/HELIPORT ORDINANCE. Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-141. The existing ordinance was adopted by the City Council on October 6, 1964, and was revisited in the 1970's. It contains out-of-date information regarding the operation of helicopters and helistops. In 1995, Wesley Medical Center requested that the City revise the ordinance on helicopters/helistops and to update it as it pertains to hospital heliports. Their major concern was the limitation on how long a helicopter can be parked at a helistop (forty-eight hours). LifeWatch wanted to park their helicopter at Wesley's helistop for an unspecified amount of time. On December 19, 1995, the City Council adopted revisions to the ordinance to remove the forty-eight hour restriction for hospital helistops and directed staff to rewrite the ordinance to bring it into conformity with the Federal Aviation Administration's guidelines. The Wichita-Sedgwick County Planning Department coordinated with the Wichita Law Department, Wichita Fire Department, Wichita Office of Central Inspection, and the Wichita-Sedgwick County Health Department to draft a new Helicopter and Heliport Ordinance. Staff also coordinated with the Federal Aviation Administration (FAA), Life Watch, Wesley Medical Center and Via Christi Hospital. The Metropolitan Area Planning Commission reviewed and approved the revised ordinance at their regular meeting on February 12, 1998. This new ordinance is modeled after two main sources. The most significant is the Federal Aviation Administration's Heliport Design - Advisory Circular 150/5390-2A. This document provided staff with all the latest terminology used in the new ordinance. It also is the basis for which all heliports are to be designed. The second source for the ordinance is the City of Houston's Ordinance for helicopters and heliports. Although the City of Houston has a significant greater helicopter activity than Wichita, it provided some good insight on how to reorganize our ordinance. The main intent of the revisions was to bring the ordinance and the terminology up to date since its original adoption in 1964. Helicopters today are safer than they have ever been in the past. The safety record of helicopters is equal to or better than fixed wing aircraft. Many of the restrictions and requirements are outdated and are no longer necessary. The major significant change is in how the ordinance is administered. The primary department for administering and monitoring this code would be changed from the Office of Central Inspection to the Wichita Fire Department. All future applications would be made to the Fire Chief, rather than the Superintendent of Central Inspection. This proposed change in authority is due to the safety inspections that need to be performed by the Fire Department. Another notable revision is in use of terminology. Throughout the proposed ordinance, all helicopter facilities will be referred to as heliports instead of helistops. The FAA uses this term more exclusively, and has set up all their design standards using this term. The FAA defines a heliport as an area of land, water, or structure, including any building or facilities thereon, used or intended to be used for the landing and takeoff of helicopters. A helistop is a minimally designed helicopter facility for boarding and discharging of passengers or cargo, comparable to a bus stop. The FAA has the same design standards for these facilities regardless of their intensity of uses. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Ordinance be placed on first reading. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance amending Chapter 2.24 of the Code of the City of Wichita pertaining to helicopters and heliports and repealing the original said Chapter, introduced and under the rules laid over. YEAR 2000 PROJECT RES. RESOLUTION AUTHORIZING AND SUPPORTING THE YEAR 2000 PROJECT. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-142. Because of past programming methods, most computer systems are without the capability to handle data correctly which represents the year 2000. The Year 2000 problem affects numerous calculations such as fire, safety, and health applications, as well as scores of other data sensitive operations critical to the daily functioning of the City. A comprehensive strategy is needed to address the problems. The 1998 Kansas Legislature has addressed the issue by the introduction of House Bill No. 2885, which provides immunity for computational and interpretative errors in connection with the Year 2000 date change. In order to meet the challenge of the Year 2000 problem, the City of Wichita should adopt a proactive strategy that covers the many facets of the problem. The resolution authorizes and directs the development and implementation of the Year 2000 Project to address the problems. The resolution also declares the support of the City Council for 1998 House Bill No. 2885 to exempt public entities and employees from liabilities associated with the Year 2000 problem. The financial costs will be presented to the City Council for consideration and approval during the implementation phase of the Year 2000 Project. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. R-98-055 A Resolution authorizing and supporting the Year 2000 project of the City of Wichita, including support for adoption of 1998 House Bill No. 2885, providing immunity for computational and interpretative errors in connection with the year 2000 date change, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. Council Member Rogers momentarily absent. KDOT KELLOGG COR. PLAN KELLOGG CORRIDOR MASTER PLAN. (DISTRICTS II AND V) Carl Gipson Special Projects Engineer reviewed the Item. Agenda Report No. 98-143. On June 10, 1997, the City of Wichita, Sedgwick County, and the Kansas Department of Transportation (KDOT) entered into a Memorandum of Understanding that established general goals for managing the U.S. 54 (Kellogg) Corridor. In July 1997, a Corridor Management Committee was formed to identify both existing and potential problems along the corridor, and to recommend solutions to those problems. The committee consisted of staff from the City, County, and KDOT. Management strategies along the corridor fall into two general categories; planning and operations. The planning aspect recognizes the long-term goal of upgrading Kellogg to a freeway. It prohibits new direct access to Kellogg. New access to Kellogg will be limited to public streets and an access (frontage) road system. The operations aspect will focus on retrofits that will maintain or improve the safety and capacity of Kellogg. It will include, but not be limited to, such activities as eliminating illegal turns across the median, consolidating access breaks, and constructing left turn storage at key intersections. These projects will be developed on a case by case basis. A City/State Agreement that identifies the scope of the work and the funding requirements, will be developed for each proposed project. Following a review by the Traffic Commission, these Agreements will be presented to the City Council for consideration/approval. KDOT has programmed funds for retrofit projects. The City's match for these projects will be thirty-three percent (33%). Project- specific agreements will be developed that will address costs and funding sources. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the Plan be approved and the Mayor be authorized to sign -- carried necessary documents. Motion carried 7 to 0. HEALTH MEMBERSHIP ORD AMENDMENT TO CHARTER ORDINANCE PERTAINING TO THE WICHITA-SEDGWICK COUNTY BOARD OF HEALTH MEMBERSHIP. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-144. Charter Ordinance No. 136 provides that the City Council shall appoint seven members to the Wichita-Sedgwick County Board of Health. Two of the appointments require special qualifications, with one to be a medical doctor licensed to practice in the State of Kansas, and the other to be a veterinarian licensed to practice in the State of Kansas. It has sometimes been difficult to find a licensed veterinarian willing to serve and the appointment has been vacant for substantial periods of time. The proposed amendment to the Charter Ordinance removes the requirement for the City of Wichita to appoint a licensed veterinarian. The expertise which could be provided by a veterinarian may be provided by the services of the veterinarian who works under contract to assist the staff of the Wichita Animal Shelter. The Sedgwick County Commission must also approve the amendment. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Charter Ordinance be placed on first reading. Motion -- carried carried 7 to 0. CHARTER ORDINANCE A Joint Charter Ordinance of the City of Wichita, Kansas, and Charter Resolution of the County of Sedgwick, Kansas, exempting them from the provisions of K.S.A. ;65-205 relating to appointment of members by cities and counties to joint boards of Health and providing substitute and additional provisions on the same subject, and repealing Charter Ordinance No. 136 of the City of Wichita, Kansas, and Charter Resolution No. 41 of the County of Sedgwick, Kansas, introduced and under the rules laid over. PROPERTY ACQUISITION ACQUISITION OF PROPERTY FOR THE NORTHEAST SOFTBALL/BASEBALL COMPLEX. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-145. Last year, the City Council approved the proposal to construct a major softball/baseball complex in proximity of the previously approved northeast soccer field area. The complex will be located in northeast Wichita, near 29th and Greenwich Road. The prior agreement with the Friends of Northeast Baseball (an organization consisting of a number of individuals who support and promote youth baseball and softball in Wichita) set forth the responsibilities for acquisition and development of this complex. Under the terms of the agreement, the City was responsible for the acquisition of the site; the Friends were responsible for contributing toward the development, including a commitment to raise $1.0 million to assist in the capital improvements. The Park Board previously approved and recommended the project and the site selected for this complex. The site consists of 60-acres north of the Northeast Soccer Complex (approved by the City Council in November, 1996). The surrounding properties to the north and east are undeveloped and are zoned for agricultural and single-family residential uses. Jabara Airport is located on the west property line. Property to the south is scheduled for annexation in April and is proposed development into an industrial park. The property is located within an area that is scheduled for water and sewer in the near future. Originally, the intent was to acquire an 80-acre site for the ballfield development; however, this was not possible in the immediate area of the soccer complex. Instead, the acquisition proposed is for 60-acres which will be adequate to provide for a quality 12- ballfield facility. [The owner of the land would not sell the additional 20 acres because it is intended for commercial/industrial site. Development and operation of the ballfield complex will be a public-private partnership between the City and the Friends of Northeast Baseball. Under this arrangement and in addition to the City acquiring the property, the City will extend all utilities to the site, provide for earthwork and site preparation, parking, lighting and other facilities. The Friends organization will be responsible for an initial $100,000 to assist in the project development, installation of fencing, sod, backstops, dugouts, etc., in addition to the commitment to raise $1.0 million to assist in the full development of the complex. The site acquisition will cost $240,000, or $4,000/acre. A total budget of $246,000 is requested for the acquisition and the closing costs, survey and other costs involved in the closing of the title. To purchase this site, funds will be made available in the proposed 1998 CIP (Park Land Acquisition/Development). Council Member Gale momentarily absent. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the budget and Real Estate Purchase Agreement be approved and the Mayor be authorized to sign the necessary purchase documents. Motion -- carried carried 7 to 0. CITY COUNCIL AGENDA PROCLAMATIONS PROCLAMATIONS -- Organ and Tissue Donor Awareness Week -- Music In Our Schools Month -- Youth Art Month Motion -- carried Knight moved that the proclamations be authorized. Motion carried 7 to 0. APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect - Council at large) Board of Zoning Appeals (Knight) Commission on the Status of People with Disabilities (3 appointments - Cole, Kamen, Knight) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (2 appointments - Kamen, Lambke) There were no appointments made. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 32 and 33, 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 MARCH 2, 1998. At 10:00 a.m., Friday, February 27, 1998, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes March 2, 1998) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Water Supply Line to serve Tract 1, Tract 1A, and Tract 2 (west of Greenwich, north of K-96 Freeway). (448-89212/734327/470510) Traffic to be maintained through construction. (Council approval Date 2-24-98) (District II) Wildcat Construction Company - $120,975.00 Water Distribution System to serve Tract 1-Soccer Field & Tract 2-Regency Park Addition (west of Greenwich, north of K-96 Freeway). (448- 89213/734335/470511) Traffic to be maintained through construction. (Council approval date 2-24-98) (District II) Ditch Diggers - $20,476.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 7 to 0. PUBLIC WORKS DEPARTMENT/FLEET & BUILDINGS DIVISION: Paint Light Poles and Speaker Stand (791970) Greer's Sandblasting & Protective Coatings - $23,130.00 (Total Net Bid) LIBRARY DEPARTMENT: Copy Machine Rental (101006 Ikon Office Solutions - $0.04675 (Group I Cost per copy) PARK DEPARTMENT/MAINTENANCE DIVISION: Riding Wing Rotary mower (791939) Outdoor Equipment - $29,150.00 (Total Net Alternate Bid) PARK DEPARTMENT/CENTURY II DIVISION: Sweeper/Scrubber, LP Power (791947) Bublitz Machinery Company/Clark Industries - $26,427.92 (Total Net Bid) POLICE DEPARTMENT/TRAINING DIVISION: Police Leather and Accessories, Police Cycling Accessories and Surgical Glove Pouches (083600) Baysinger Police Supply - Item # 1-per each - $22.75 Item # 2-per each - $19.25 Item # 3-per each - $16.25 Item # 4-per each - $39.25 Item # 5-per each - $54.25 Item # 6-per each - $54.50 Item # 7-per each - $61.75 Item # 8-per each - $88.25 Item # 9-per each - $60.50 Item #10-per each - $93.75 Item #11-per each - $ 8.00 Item #12-per each - $15.25 Item #13-per each - $ 8.00 Item #14-per each - $25.00 Item #16-per each - $30.50 Item #17-per each - $24.75 Item #18-per each - $19.75 Item #19-per each - $13.25 Item #20-per each - $28.25 Item #21-per each - $74.75 Item #22-per each - $11.75 Item #23-per each - $15.00 Item #24-per each - $15.50 Item #25-per each - $ 9.00 Item #26-per each - $ 9.00 Item #27-per each - $70.00 Item #28-per each - $ 5.25 Item #29-per each - $12.50 Item #30-per each - $ 6.00 Item #33-per each - $ 5.75 Item #34-per each - $18.25 Item #35-per each - $18.25 Item #40-per each - $22.75 Item #41-per each - $11.75 Item #42-per each - $18.00 Item #43-per each - $20.25 Item #44-per each - $ 5.25 Item #45-per each - $ 7.50 Item #47-per each - $13.75 Item #48-per each - $29.25 Item #49-per each - $29.25 Item #50-per each - $10.00 Item #51-per each - $12.75 Item #52-per each - $17.50 Item #53-per each - $ 8.75 Item #55-per each - $ 3.75 Item #56-per each - $ 8.75 Item #57-per each - $ 6.50 Item #58-per each - $ 5.50 Item #59-per each - $ 5.50 Item #60-per each - $ 9.50 Item #61-per each - $11.50 Item #62-per each - $14.75 Item #63-per each - $ 7.75 Item #64-per each - $17.00 Item #65-per each - $ 4.00 Item #66-per each - $13.75 Item #67-per each - $ 9.50 Item #68-per each - $ 6.25 Item #69-per each - $14.50 Item #70-per each - $ 5.50 VARIOUS DEPARTMENTS/VARIOUS DIVISIONS: Blue Prints, Direct Lines, Sepias, Etc. (Various) Kansas Blue Print Co., Inc. - (Base Bid) Item #1-per sq ft - $ .045 Item #2-per sq ft - $ .045 Item #3-per sq ft - $ .15 Item #4-per sq ft - $ .60 Item #5-per sq ft - $ .15 Item #6-per sq ft - $ .09 Item #7-per ea - $ .14 Item #8-per sq ft - $ .20 Item #9-per ea - $ .59 (Option A - Alternate #2) Item #1-per sq ft - $ .045 Item #2-per sq ft - $ .045 Item #3-per ea - $ .03 Item #4-per ea - $ .03 Item #5-per ea - $ .03 WATER & SEWER DEPARTMENT/WATER DISTRIBUTION DIVISION: Waterworks Fittings & Meter Box Rings & Lids (181222) Central Service, Inc. - (Group I) Item #1-per ea - $ 2.32 Item #2-per ea - $ 3.79 Item #3-per ea - $22.10 Clay & Bailey Mfg. Co -(Group II) Item #1-per ea - $17.37 (Alternate Bid) Item #2-per ea - $ 4.50 (Alternate Bid Item #3-per ea - $ 8.20 (Alternate Bid) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. LICENSE APPLICATION FOR LICENSE TO RETAIL CEREAL MALT BEVERAGES. Renewal 1998 (Consumption off Premises) Helen Lu KC Gas & Groceries 1161 North Broadway Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 7 to 0. PLANS & SPECS. PLANS AND SPECIFICATIONS. a. 1998 Contract Maintenance Quickset Slurry Seal of Asphalt Streets (at various locations). (131557/110000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12- 16-97) (District I, 111, IV, V AND VI) b. 1998 Contract Maintenance Area Concrete Repairs (at various locations). (132357/112000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-16-97) (District I, III, IV, V, AND VI) c. 1998 Contract Maintenance Surface Milling & Asphaltic Concrete Overlay of Asphalt Streets, and 1997 Enhanced Maintenance Surface Milling and Asphalt Concrete Overlay of Asphalt Streets (at various locations). (132282/706648/112000/405-218) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-16-97) (District All) 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 Contracts by 10:00 a.m., March 13, 1998. -- carried Motion carried 7 to 0. SUBDIVISION PLANS AND SPECIFICATIONS. d. Meadow Grove/Lake Ridge from the west line of Lot 9, Block 3, to the south line of Lot 18, Block 3; Meadow Grove Court serving Lots 39 through 49, Block 4; and Sidewalk along the north and west line of Medow Grove/Lake Ridge to serve Northridge Lakes Addition (east of Tyler, north of 21st). (472- 82608/764761/490578) Does not affect existing traffic. (Council approval date 7- 25-95) (District 5) e. Smarsh Street from the south line of 21st Street North to the north line of Cornelison, and; Cornelison from 160 feet west of the west line of Smarsh easterly 813 feet to serve Barrington Corner Second Addition (south of 21st, west of Ridge). (472-82884/764688/490570) Does not affect existing traffic. (Council approval date 10-28-97) (District 5) f. Meadow Pass, from the west line of Lot 11, Block 5, to the east line of Lot 13, Block 5; Lake Ridge, from the south line of Lot 18, Block 3, to the south line of Meadow Pass; a Sidewalk along the south line of Meadow Pass from the west line of Lot 11, Block 5, to the east line of Lot 13, Block 5, and along the west line of Lake Ridge from the south line of Lot 18, Block 3, to the south line of Meadow Pass to serve Northridge Lakes Addition (east of Tyler Road, south of 29th Street North). (472-82885/764779/490579) Does not affect existing traffic. (Council approval date 12-9-97) (District 5) g. Maize Court from Maize Road West to and including the cul-de-sac, and Sidewalk on the south side of Maize Court from Maize Road to and including the cul-de-sac to serve Huntington Park Addition (south of 13th, west of Maize). (472-82896/764738/490575) Does not affect existing traffic. (Council approval date 12-19-97) (District 5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., March 13, 1998. Motion carried 7 to 0. PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1998 Repair off Condemned Sidewalk & Wheelchair Ramps, Phase I (various locations). (132100/112000) Does not affect existing traffic. (Council approval date 8-12-97) (District All) - $161,100.00 b. 1998 Contract Maintenance Preparatory Curb & Gutter Repair and Miscellaneous Concrete Repair, Phase I (at various locations). (132258/112000) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-16-97) (District All) - $189,875.00 c. 1998 Contract Maintenance Heater Scarification (Surface Rejuvenation) (at various locations). (/132266/621326/112000/533-243) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 12-16-97) (Districts I, II, III, V, AND VI) - $453,530.00 d. Water Distribution System to serve Northridge Lakes Addition (east of Tyler, north of 21st Street North. (448-88936/734301/470-508) Does not affect existing traffic.. (Council approval date 7-25-95) (District V) - $40,800.00 e. 1997 Main Replacement Program - Group 2; Linwood (south of Kellogg, either side of Hydraulic). (448-89195/634816/544-136) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-6-9) (Districts I and III) - $1,190,701.57 f. Water Distribution System to serve Northridge Lakes Addition (east of Tyler, south of 29th Street North). (448-89223/734319/470-509) Does not affect existing traffic. (Council approval date 12-9-97) (District V) - $29,400.00 g. Water Distribution System to serve Huntington Park Addition (South of 13th, west of Maize. (448-89230/734277/470-505) Does not affect existing traffic. (Council approval date 12-9-97) (District V) - $20,000.00 h. Lateral 93, Sanitary Sewer #23 to serve Moorings North Addition (west of Meridian, south of 53rd Street North). (468- 82777/743310/480-422) Does not affect existing traffic. (Council approval date 10-28-97) (District VI) - $415,000.00 i. Lateral 129, Westlink Sewer to serve Huntington Park Addition (south of 13th Street North, west of Maize Road). (468-82792/743369/480- 427) Does not affect existing traffic. (Council approval date 12-9-97) (District V) - $14,560.00 j. 29th Street North from the west line of Topaz Circle to the west line of Pepper Ridge to serve Oak Ridge 2nd Addition (north of 29th Street North, east of Tyler). (472-82836/82882/764449/706630/490547/405-217) 29th Street shall be closed for through traffic. (Council approval date 7-15-97/11-18-97) (District V)- $326,016.00 k. Wildwood from St. Paul to Richmond to serve Builders Fourteenth Addition (west of Seneca, north of 31st Street South). (472- 82862/764548/490-557) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 9-9-97) (District IV) - $97,000.00 l. St. Paul from the north line of Wildwood to the north line of 27th Street South to serve Builders Fourteenth Addition (west of Seneca, north of 31st Street South). (472-72767/764621/490-565) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 10-21-98) (District IV) - $109,610.00 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 7 to 0. PETITION 100 PERCENT PETITION TO LANDSCAPE BRADLEY FAIR PARKWAY, SOUTH OF 21ST STREET NORTH. (District II) Agenda Report No. 98-146. The signatures on the Petition represent 100% of the improvement district. The project will beautify the right-of-way adjoining Bradley Fair Parkway, which serves a new retail, office, and residential area. The estimated project cost is $360,000. The funding source is special assessments. State Statutes provide that a Petition is valid if signed by a majority of property owners or by the owners of the majority of the property in the improvement district. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-056 Resolution of findings of advisability and Resolution authorizing landscaping Bradley Fair Parkway (south of 21st Street North) (Project Number 472-82912) 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. ASSESSMENT ROLLS PROPOSED ASSESSMENT ROLLS. Proposed Assessment Rolls have been prepared for 43 paving projects, and it is necessary to set a public hearing date. Informal hearing with City personnel will be held March 19, 1998. 11:00 a.m. Motion -- Knight moved that the hearing on the Proposed Assessment Rolls be set for 11:00 a.m., Tuesday, April 7, 1998, and the notices of hearing be published at least once, not less than 10 days prior to the date of the hearing. Motion carried -- carried 7 to 0. POLICE WEED/SEED COST POLICE DEPARTMENT WEED AND SEED COST REIMBURSEMENT AGREEMENT. Agenda Report No. 98-147. The Weed and Seed Program is a federally funded grant program that brings together federal, state, and local crime-fighting agencies; social service providers; representatives of the public and private sectors; prosecutors; business owners; and neighborhood residents to "weed" out violent crime and gang activity, while "seeding" the community with social services and economic revitalization. The Weed and Seed Program is administered in "officially recognized" sites, and Wichita's officially recognized site has been selected for third-year site status eligibility. It is in the geographic area bounded by Central, I-135, 29th Street St. North, and Hillside. For federal fiscal year 1998, the federal funding for the "weeding" component of the Weed and Seed Program is from federal asset forfeiture funds through a Cost Reimbursement Agreement between the City and the Drug Enforcement Administration. The Cost Reimbursement Agreement is for $100,000 to pay for police officer overtime, training, and equipment. The document "FY 98 Request for Asset Forfeiture Funds" details the City's weeding strategy and use of funds. The Cost Reimbursement Agreement with the Drug Enforcement Administration will reimburse the City for up to $100,000 for police officer overtime, training, and equipment utilized in the City's "weeding" efforts. No local match is required. Motion -- Knight moved that the Agreement be approved and necessary signatures be -- carried authorized. Motion carried 7 to 0. BROWN & CALDWALL BROWN & CALDWALL SUPPLEMENTAL AGREEMENT #14 Agenda Report No. 98-148. On November 9, 1993, the Sludge Treatment and Management Plan was presented to the Council by staff and representatives of the City's engineer, Brown & Caldwell. The plan outlined recommendations to achieve compliance with United States Environmental Protection Agency (USEPA) regulations governing the use, treatment, and disposal of municipal wastewater sludges (40 CFR Part 503). On December 14, 1993, Council adopted the Sludge Treatment and Management Plan. In order to fund the mandated improvements recommended in the Sludge Treatment and Management Plan, Council approved appropriate sewer rate adjustments for 1994, 1995, and 1996. Council also approved an amended CIP, as well as amended the operating budgets. On May 9, 1995, Council amended the Plan to include storage of biosolids on the Sewage Treatment Plant #2 site, directed staff to implement the privatization of biosolids transportation, modified the staffing plan, and amended the 1995(R), 1996(R), and 1997 budgets. The proposed amendment is for additional construction management services that are necessary due to extensions of time granted to the general contractor in approved change orders. Additional services are necessary to provide for inspection, punch list generation, and various paperwork details that must be processed to close the project in conformance with the contract documents. Financial Expenditure is a part of CIP project S-500 and will be paid from Sewer Utility cash reserves and/or a future bond issue. To date the Water & Sewer Department has contracts and amendments with Brown & Caldwell totaling $6.787 million for engineering services. The total cost of amendment #14 is not to exceed $35,080. USEPA regulations, 40 CFR Part 503, require municipalities to implement an approved method of sludge disposal and to comply with the National Pollutant Discharge Elimination System (NPDES) permit. Failure to comply would result in civil and/or criminal penalties. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to execute. Motion carried 7 to 0. TRANSMISSION FACILITY NORTHWEST TRANSMISSION FACILITY SUPPLEMENTAL AGREEMENT. (Districts V & VI) Agenda Report No. 98-149. On April 4, 1995, the City Council entered into an agreement with Professional Engineering Consultants, P.A. (PEC) for the design of the Northwest Transmission Facility. This facility is a large diameter (36" & 48") water transmission line that will provide additional capacity to serve the far west part of Wichita and to connect the existing water treatment and pumping plant at Sim Park to a proposed reservoir/treatment plant site near the Sedgwick County Zoo. The fee was $178,212.40. On August 22, 1995, the City Council approved Supplemental Agreement No. 1 for PEC to prepare plans for the extension of a 36" water line in McLean/Meridian from an existing 24" line in Newell to the proposed new water line that will cross the Arkansas River north of Central. This proposed extension will provide better flow and pressure to the southwest part of Wichita. The fee was $9,324.50. On November 14, 1995, the City Council approved Supplemental Agreement No. 2 for PEC to design an aerial water line in conjunction with a pedestrian bicycle bridge across the river west of Cowtown near Riverside Medical Center at a cost of $47,900. On April 23, 1996, the City Council approved Supplemental Agreement No. 3 for PEC to prepare additional plans for lighting and bike path improvements on the bridge as recommended by the City Manager's Aesthetic Review Team (CART). The fee was $19,170. On January 7, 1997, the City Council approved Supplemental Agreement No. 4 for PEC to perform a title search and prepare tract drawings for easements along the railroad right- of-way from 8th Street North to Westdale Drive in order to obtain the necessary legal right to use the railroad right-of-way. The fee was $10,800. On October 21, 1997, the City Council approved Supplemental Agreement No. 5 for PEC to revise the plans to relocate the water line from the east side of the railroad tracks along Zoo Boulevard between 9th Street and 12th Street to under the pavement in Zoo Boulevard. PEC's fees through Supplemental Agreement No. 5 total $282,306.60. City staff has requested that PEC revise the plans to relocate the water line from the northeast side of Zoo to the southwest side in the area between the southbound lanes and the Zoo bridge over the Big Ditch. The line would continue westerly, cross under or over the existing raw water line, and then cross the Big Ditch southwest of the raw water line. From there, the line would proceed northwesterly through Zoo property to connect to the existing stubbed 36" line located in Zoo Boulevard right-of-way northwest of the Zoo administration building. The design includes a water line bridge over the floodway that is ready for adding a pedestrian portion in the future. Supplemental Agreement No. 6 with PEC has been prepared. Payment to PEC for this Supplemental Agreement will be made on a cost plus fixed fee basis not to exceed $49,747.85 from funds available in the project budget. The funding source is Water Utility. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to execute. Motion carried 7 to 0. PROFESSIONAL SERVICES PROFESSIONAL SERVICES SUPPLEMENTAL CONTRACT. Agenda Report No. 98-150. HNTB Engineering Consultant firm is currently under contract with the City. The firm specializes in bridge studies; therefore, a Supplemental Contract has been negotiated with the firm to provide services to investigate the structural integrity of designated bridges in the City. The contract amount is $5,000. funding is from the General Fund Appropriated Reserves Account. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to execute. Motion carried 7 to 0. IRB - RAND GRAPHICS RAND GRAPHICS, INC. PURCHASE OPTION. (Districts IV and V) Agenda Report No. 98-151. On December 22, 1987, the Wichita City Council approved the issuance of $2,000,000 in Industrial Revenue Bonds, Series XII, 1987, to finance acquisition of machinery and equipment to be leased to and operated by Ralph Vautravers, a sole proprietorship, located at 500 South Florence. Rand Graphics, Inc., successor to Ralph Vautravers, has submitted a request that the property under the bond issue be deeded to Rand Graphics, Inc. Under the provisions of Sections 15.1 and 15.2 of the Lease Agreement for the bond series, the Tenant, has the option, if all outstanding bonds have been paid, to purchase the facility from the City of Wichita for the sum of $100. The City of Wichita received a notice from Emprise Bank, Trustee for the bond issue, that the bonds were paid in full as of December 1, 1997. Under the terms of the Lease, the City is required to convey the real property and facility securing the IRB issue to the Tenant, once the Tenant has paid the purchase price and other considerations as listed under the provisions of the Lease Agreement, including the payment of all outstanding bonds. The City received a check in the sum of $100 from Rand Graphics, Inc., on February 12, 1998, representing the purchase price for the facility. The purchase price is $100 and other considerations as listed under the provision of the Lease Agreement to redeem and retire all outstanding bonds. This price includes without limitations, principal, interest, redemption premium, and all other expenses of redemption, and trustee fees, but after the deduction of any amounts described and provided for in the Lease Agreement and available for such redemption. The City is contractually bound to convey the IRB Project property to the Tenant by special warranty deed, once all the conditions established in the Lease have been met. Motion -- Knight moved that the Resolution be adopted; and the Special Warranty Deed and Termination of Lease Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 7 to 0. RESOLUTION NO. R-98-057 A Resolution authorizing the City of Wichita, Kansas, to convey title to the improvements acquired and purchased with the proceeds of its adjustable rate Industrial Revenue Bonds, Series XII, 1987 (Ralph Vautravers, a sole proprietor dba Rand Publishing Company) to Rand Graphics, Inc.; authorizing execution of a bill of sale and termination and release of lease; and authorizing the execution of all such other documents necessary to convey title to such property to Rand Graphics, Inc., presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. CDBG CONTRACT RELEASE CDBG CONTRACT-RELEASE OF MORTGAGE. Agenda Report No. 98-152. On June 3, 1997, the City Council approved assignment of interest, mortgage and promissory note from Mennonite Housing to Kansas Affordable Housing, Inc. for the Country Acres Senior Residences project. Kansas Affordable Housing, Inc., as general partner on behalf of Metro Senior Residences, L.P., a limited partnership, executed a $75,000 mortgage to the City to protect the City's interest in the property. To clarify the relationship among partners in this project, Metro Senior Residences (the project developer) has executed a mortgage with Kansas Affordable Housing which, in turn has assigned its interest to the City. The revision of legal documents affecting the partnership requires the City to release the original mortgage it holds with Kansas Affordable Housing as general partner on behalf of Metro Senior Residences. There will be no change in the $75,000 CDBG funds allocated for the project. A release of mortgage has been prepared by the attorney for Metro Senior Residences and Kansas Affordable Housing, Inc., and reviewed and approved by the City's Law Department. The real estate mortgage from Metro Senior Residences to Kansas Affordable Housing has been filed, as has the assignment of interest from Kansas Affordable Housing to the City. The documents have been signed by the authorized representative of Kansas Affordable Housing, Inc.. Motion -- Knight moved that the release of the mortgage be approved and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. UTILITY VENDOR SELEC. UTILITY ACCOUNTS COLLECTIONS - SELECTION OF VENDOR. (All Districts) Agenda Item No. 98-153. Following a review of utility account collection performance levels by the current vendor (Berlin-Wheeler, Inc.), staff of the Water & Sewer Department and the Finance Department chose to initiate a new bid for these services and to separate collection services for utility accounts from other collections performed for the City. This was done in recognition of the unique character of these collections in terms of the average dollar amount of the accounts ($73.35) and the large volume of accounts turned over for collection. Staff reviewed the responses to the RFP for collection services for utility accounts for the Water & Sewer Department. Primary consideration in the selection process was given to the cost consideration items of commission rate and anticipated recovery rates from the four collection agencies that submitted formal bids. The commission rate is the rate paid to the vendor for collection services, e.g., a commission rate of 30% would mean that the City would pay thirty cents to the vendor for every one dollar turned over to the agency for collection. Recovery rate is a measure of the effectiveness of collection efforts on the part of the agency. A recovery rate of twenty-five percent would indicate that the agency would be able to collect twenty-five cents out of every dollar turned over for collection. The following table summarizes vendor responses to these key cost and performance questions. Collection Agency Commission Rate Recovery Rate Berlin-Wheeler 29% 15-18% NCO Group 29% 15% Omni 27.5% 24-28% KCI 25% 20% Based on two primary performance criteria, the best bids were received from Omni and KCI. Using the level of write-off experienced by the Department in 1997 ($364,438), application of the recovery rates and commission rates for these two agencies can be compared. Omni: $364,438 X 24% (minimum Recovery Rate) = $87,465 Commission rate of 27.5% - X .275 Commissions = $24,053 Net recovery level = $63,412 KCI: $364,438 X 20%(stated Recovery Rate) = $72,888 Commission rate of 25% - X .25 Commissions = $18,222 Net recovery level $54,666 Using the minimum recovery level stated by Omni of 24%, the net recovery from the collections contract would be higher by $8,746. If the high recovery rate of 28% is experienced, this figure would increase to $19,314. Another cost issue is the amount to be paid in commissions when the collection agency initiates legal action against a debtor on the City's behalf. KCI indicates a commission rate of 50% will be paid. Omni requires the payment of a flat amount based on three categories of dollar amounts. For instance, on a debt amount of from $500 to $5,000, Omni would charge a fee of $39.50. Traditionally, a situation that occurs in the collection process relates to the size and volume of accounts turned over for collection. Simply, the size of the average account turned over ($73.35) often does not warrant significant expenditure of staff time on the part of the agency in relation to the return expected. Hence, the process and procedures used by the agency in the collections process is of primary importance in the determination of the expected level of success in terms of expected recovery rates. In this regard, Omni delineates a process which will be used to collect accounts of average size. The process emphasizes the use of the predictive dialer and the issuance of automated notices. The commitment from Omni is that all accounts will receive some standard level of collection effort. Motion -- Knight moved that selection of Omni Credit Services for collection of Water & Sewer accounts be approved and the Purchasing Manager be authorized to negotiate a contract with Omni Credit Services for services as stated in their RFP. Motion -- carried carried 7 to 0. PROPERTY ACQUISITION ACQUISITIONS OF A PORTION OF PROPERTY LOCATED AT 3302 WEST CENTRAL (TRACT #7) FOR THE CENTRAL AVENUE IMPROVEMENT PROJECT FROM WEST TO MCLEAN. (District VI) Agenda Report No. 98-154. The Central Avenue Improvement Project from West Street to McLean Boulevard, approved by Council on September 17, 1996, requires the partial acquisition of fifteen tracts along Central Avenue. One of these tracts includes Tract #7 which is owned by Janita Sandlian. The property is more accurately described in the tract map and legal description. The subject tract contains approximately 112.5 square feet and will not affect any improvement on the remaining property. Due to the small size of the taking, the value of the tract is minimal. Market studies of the area indicate a value of $4.00 per square foot or $450. The property owner has agreed to sell the property to the City for this amount. The 1996 Capital Improvement Program includes $50,000 to acquire the necessary right-of-way for the project along Central. The funding source is General Obligation Bonds. The budget of $500 includes $450 for the acquisition and $50 for closing costs. The prior approved budget was $28,930. The $500 would increase the total expenditures to date to $29,430. This is the fifth acquisition for the project, leaving 9 properties to be acquired through negotiations or eminent domain. It is recommended that the City Council 1) Approve the Budget, 2) Approve the Real Estate Purchase Contracts, and 3) Authorize the Mayor to sign the Real Estate Purchase Contracts and any other necessary documents. Motion -- Knight moved that the budget and the real estate purchase be approved and the -- carried Mayor authorized to sign the necessary documents. Motion carried 7 to 0. NETCO RESTORATION REHABILITATION CONTRACT WITH NETCO RESTORATION. (District I) (Item No. 32) Agenda Report No. 98-155. The home at 2617 N. Minnesota is a city owned public housing unit. The home was damaged by fire. Claims and adjustments have been made through the insurance carrier, Housing Insurance Services, Inc. (H.I.S.). The fire occurred at approximately 6:00 p.m. on the evening of May 18, 1997. The cause and origin of the fire was a child playing with a cigarette lighter in the bedroom. The claims were submitted to H.I.S. by Don Reynolds the Maintenance Coordinator and adjusted by Crawford and Company. The Insurance Adjuster, (Tim Peppard) solicited bids from two contractors. The claim was filed from the lowest bid of these two contractors. Funds in the form of a check from H.I.S were deposited into WHA Subsidiary Account. The net loss to the Housing Authority is $2,725.78. The insurance policy provides replacement coverage, less $2,500.00 deductible per each incident. There is also a nonrecoverable depreciation cost of $225.78. Losses from damage to home has been referred to the Law Department for appropriate action. Chris Cherches City Manager, responding to a question, explained that the contracts are done by Public Housing through the Human Services Department. Motion -- Rogers moved that the rehabilitation contract with Netco Restoration in the amount of $30,927.85 be approved and the Purchasing Manager be authorized to -- carried execute. Motion carried 7 to 0. TEAMSTERS 795/AIRPORT TEAMSTERS LOCAL 795 (AIRPORT SAFETY OFFICERS) MEMORANDUM OF AGREEMENT FOR (Item No. 33) 1998-2000 AND SALARY ORDINANCE. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-156. The City has reached an agreement with Teamsters Local 795(Airport Safety Officers), for a three-year (1998-2000) labor agreement. Through the collective bargaining process a three-year agreement has been negotiated with Teamsters Local 795. The Agreement includes a new eight step pay plan similar to pay plans negotiated with SEIU and non commissioned FOP bargaining unit employees. The new pay plan will provide salary increases over the three year period of approximately nine percent. A bonus is included for 1998. The Agreement also increases EMT pay by $16.00 biweekly and allows for new employees to be classified as Airport Safety Officer II upon completion of the Law Enforcement Academy. The pay provisions of this agreement will be retroactive to December 27, 1997. this is a first agreement between the parties, a number of management language proposals have been incorporated into the Agreement. The salary ordinance has been revised to reflect the eight step pay plan (Section 4) and the $32.00 per pay period EMT pay (Section 10, number 11). The cost to implement the first year of the agreement is $28,628. Funding for this is available through expenditures from the Airport Budget and within 1998 appropriations for this purpose. Funding for the second and third years of the agreement will be programmed into future budgets. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign; -- carried and the Ordinance be placed on first reading. Motion carried 7 to 0. ORDINANCE SECOND READING ORDINANCES. (First Read February 24, 1998) a. 1998 Traffic Program. (District VI) ORDINANCE NO. 43-704 An Ordinance declaring First Street at Emporia, Second Street at Emporia, Second Street at St. Francis, and First Street at Washington (1998 Traffic Signalization Program) (472-82858) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. b. Intersection Reconstruction Program. (Districts IV and VI) ORDINANCE NO. 43-705 An Ordinance declaring Maple at Seneca, 13th Street North at Waco, 21st Street North at Mosley, and the intersection of Central, Meridian, and McLean (1998 Intersection Reconstruction Program (472-82910) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. c. 1998 Street Rehabilitation Program. (District II, IV, V and VI) ORDINANCE NO. 43-706 An Ordinance declaring 55th Street South, Broadway to Hydraulic; Tyler Road, from Pawnee to 31st Street South; Arkansas Avenue, from 37th Street North to 45th Street North; and Kellogg Drive, from Greenwich to Zelta (1998 Street Rehabilitation Program (472-82907) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. d. Mt. Vernon Bridge over Gypsum Creek (west of Woodlawn). (District III) ORDINANCE NO. 43-707 An Ordinance declaring Mt. Vernon Bridge over Gypsum Creek (472-82902) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. e. A 98-6 - Request to Annex Property Generally Located west of Maize Road and south of 19th Street North. (District V) ORDINANCE NO. 43-708 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, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. A-98-6 f. CU-464 - Westside United Methodist Church. (District IV) ORDINANCE NO. 43-709 An Ordinance authorizing a conditional use to allow a general day care facility on .69 acres zoned "SF-6" single-family on certain lands located in the City of Wichita, Kansas, under the authority granted by the Wichita-Sedgwick County Unified Zoning Code, Section V-D, as adopted by City of Wichita Code Sec. 28.04.010, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 36 through 41 and 49 and 50 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 36 through 41 and 49 and 50 be approved -- carried as consensus Items. Motion carried 7 to 0. MACARTHUR MAIZE ANNEX A98-7 - ESTABLISHING A FUTURE PUBLIC HEARING ON THE ANNEXATION OF ELIGIBLE (Item No. 35) PROPERTIES GENERALLY LOCATED NORTH AND EAST OF THE INTERSECTION OF MACARTHUR ROAD AND MAIZE ROAD. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 98-157. The resolution expresses an interest in annexing certain eligible properties to the City of Wichita and establishes a future public hearing date of May 5, 1998 for consideration of the same. The area proposed for annexation is Mid-Continent Industrial Park I and II Additions together with two separate unplatted tracts of ground north of Highway K-42. The industrial park property is located at the Northeast Corner of MacArthur Road and Maize Road and extends east of Maize Road for a half mile and north to the south line of the Atchison Topeka & Santa Fe Railroad which lies immediately south of the K-42 Highway right-of-way. This industrial park contains approximately 118 acres platted into 24 lots that are zoned "LI" Limited Industrial. The unplatted tracts are east and west of the recently relocated Tyler Road and north of Highway K-42. The unplatted tracts contain approximately 8 acres total that are zoned "SF-20" Single-Family Residential. If the City Council desires to proceed with this annexation, the Council should adopt the resolution establishing the hearing date. If the resolution is adopted, notification of the adoption of this resolution will be sent to those property owners involved. Such notification is required by State law. In the event the future hearing date is established, a plan for extension of municipal services to the area will be placed on file in the City Clerk's Office. The Service Extension Plan outlines the City's intentions to provide major municipal services to the area. The total appraised value of the land and improvements in this parcel is $8,081,650. Due to tax abatements granted by other local units of government in Sedgwick County that applicable to all local taxes, the initial annual City Ad Valorem tax revenue will be approximately $31,772. Major municipal services to be provided to this area upon annexation are street maintenance, ditch cleaning, culvert cleaning, fire protection, police protection, building code enforcement, and health code enforcement. The cost of municipal services to be provided upon annexation will be funded by the operating departments currently delivering these services. Major municipal services that may be provided to this area upon request by the property owners are local street improvements, water service, and sewer service. The cost of municipal services requested by the property owners will be distributed among the City at large and the benefiting property owners according to current City policies. In the absence of an annexation request from a property owner, State law requires the adoption of a resolution by the City Council indicating the City's intent to annex, a description of the property to be annexed, and a notice of the time and place for a public hearing to consider the matter. Copies of the resolution must be mailed, by certified mail, to all owners of the property proposed to be annexed within 10 days of adoption, and the resolution must be published once in the official City newspaper not less than one week nor more than two weeks prior to the public hearing date. A report stating the plans for the extension of municipal services to the proposed annexation area must also be placed on file for public inspection in the City Clerk's Office. Motion -- Ferris moved that the Service Extension Plan be accepted and the Resolution setting a public hearing for May 5, 1998, 2:00 P.M., Airport Authority Board -- carried Room, be adopted. Motion carried 7 to 0. RESOLUTION NO. R-98-073 A Resolution declaring an interest in, and establishing a public hearing date for considering the unilateral annexation of the Mid- Continent Industrial Park I and II Additions and two tracts of ground lying north of Highway K-42 to the City of Wichita, Kansas, presented. Ferris moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 96-72 S/D 96-72 - PLAT OF HIGHLAND SPRINGS ADDITION LOCATED SOUTH OF CENTRAL AND WEST SIDE OF 135TH STREET WEST. (District V) Agenda Report No. 98-158. Certificates of Petitions, Restrictive Covenants, Cul-de- sac Dedication, and Utility Easement. 100 Percent Petition for construction of Water Distribution System Number 448-89241 (south of Central, west of 135th Street West) ($124,000 - 92.4% SA, 7.6% Water Utility) 100 Percent Petition for construction of Water Distribution System Number 448-89242 (south of Central, west of 135th Street West) ($164,000 - 60.3% SA, 39.7% Water Utility) 100 Percent Petition for construction of Water Distribution System Number 448-89243 (south of Central, west of 135th Street West) ($106,000 - 60.6% SA, 39.4% Water Utility) 100 Percent Petition for construction of Lateral 16, Cowskin Interceptor Sewer (south of Central, west of 135th Street West) Project No. 468-82812 ($265,000 S.A.) 100 Percent Petition for construction of Storm Water Drain No. 135 (south of Central, west of 135th Street West) Project No. 468-82813 ($173,000 S.A.) 100 Percent Petition for improving of Highland Springs from the east line of the plat, west to the west line of Shady Shores Circle; Highland Springs Court (Lots 1-12, Block C) from the south line of Highland Springs, south to and including the cul-de-sac; (Lots 1-9, Block B) from the south line of Highland Springs, south and west to and including the cul-de-sac; (Lots 1-13, Block ) from the north line of Highland Springs, north to and including the cul-de-sac; (Lots 14-26, Block A) from the north line of Highland Springs, north to and including the cul-de-sac; sidewalk along both sides of Highland Springs from the east line of the plat to the west line of Highland Springs Court (Lots 1-9, Block B), Project No. 472-82915 (south of Central, west of 135th Street West) ($442,000 S.A.) 100 Percent Petition for improving of Central from the north and west line of Central, north and west to the west line of Highland Springs, Project No. 472-82916 (south of Central, west of 135th Street West) ($126,000 S.A.) 100 Percent Petition for improving of 135th Street West from the north line of Central, south to the south line of Highland Springs, Project No. 472-82917 (south of Central, west of 135th Street West) ($35,000 S.A.) 100 Percent Petition for construction of a left turn bay on Central in Highland Springs, Project No. 472-82918 (south of Central, west of 135th Street West) ($22,000 S.A.) 100 Percent Petition for construction of a left turn bay on 135th Street West in Highland Springs Addition, Project No. 472-82919 (south of Central, west of 135th Street West) ($22,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-98-058 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89241 (south of Central, west of 135th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-059 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89242 (south of Central, west of 135th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-060 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89243 (south of Central, west of 135th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-061 Resolution of findings of advisability and Resolution authorizing construction of Lateral 16, Cowskin Interceptor Sewer (south of Central, west of 135th Street West) Project No. 468-82812 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-062 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 135 (south of Central, west of 135th Street West) Project No. 468-82813 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-063 Resolution of findings of advisability and Resolution authorizing improving of Highland Springs from the east line of the plat, west to the west line of Shady Shores Circle; Highland Springs Court (Lots 1-12, Block C) from the south line of Highland Springs, south to and including the cul-de-sac; (Lots 1-9, Block B) from the south line of Highland Springs, south and west to and including the cul-de-sac; (Lots 1-13, Block ) from the north line of Highland Springs, north to and including the cul-de-sac; (Lots 14-26, Block A) from the north line of Highland Springs, north to and including the cul-de-sac; sidewalk along both sides of Highland Springs from the east line of the plat to the west line of Highland Springs Court (Lots 1-9, Block B), Project No. 472-82915 (south of Central, west of 135th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-064 Resolution of findings of advisability and Resolution authorizing improving of Central from the north and west line of Central, north and west to the west line of Highland Springs, Project No. 472-82916 (south of Central, west of 135th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-065 Resolution of findings of advisability and Resolution authorizing improving of 135th Street West from the north line of Central, south to the south line of Highland Springs, Project No. 472-82917 (south of Central, west of 135th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-066 Resolution of findings of advisability and Resolution authorizing construction of a left turn bay on Central in Highland Springs, Project No. 472-82918 (south of Central, west of 135th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-067 Resolution of findings of advisability and Resolution authorizing construction of a left turn bay on 135th Street West in Highland Springs Addition, Project No. 472-82919 (south of Central, west of 135th Street West) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 97-29 S/D 97-29 - PLAT OF MESSIAH BAPTIST CHURCH FOURTH ADDITION LOCATED WEST OF 127TH STREET EAST ON THE NORTH SIDE OF 21ST STREET NORTH. Agenda Report No. 98-159. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. Certificates of Petitions and Restrictive Covenants. 100 Percent Petition for construction of Water Distribution System Number 448-89246 (west of 127th Street East, north of 21st Street North) ($50,000 S.A.) 100 Percent Petition for construction of Lateral 141, War Industries Sewer (west of 127th Street East, north of 21st Street North) Project No. 468-82814 ($124,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 7 to 0. RESOLUTION NO. R-98-068 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89246 (west of 127th Street East, north of 21st Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. RESOLUTION NO. R-98-069 Resolution of findings of advisability and Resolution authorizing construction of Lateral 141, War Industries Sewer (west of 127th Street East, north of 21st Street North) Project No. 468-82814 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. S/D 97-70 S/D 97-70 - PLAT OF ECK FIFTH ADDITION LOCATED ON THE NORTH SIDE OF HARRY STREET, EAST OF INTERSTATE 235. (District IV) Agenda Report No. 98-160. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. A zone change (Z-3241) from SF-6 to LI, has been approved subject to platting. The plat has been approved by the MAPC, subject to conditions and recording within thirty days. Motion -- Knight moved that the Plat be approved and the Mayor be authorized to sign; and the associated zone change Z-3241 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has been -- carried recorded with the Register of Deeds. Motion carried 7 to 0. 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-3241 S/D 97-79 S/D 97-79 - PLAT OF CENTER FOR HEALTH AND WELLNESS ADDITION LOCATED ON THE SOUTH SIDE OF 21ST STREET NORTH, WEST OF HILLSIDE. (District #1) Agenda Report No. 98-161. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. A zone change Z-3256 from MF-29 to NO subject to platting. The plat has been reviewed and approved by the MAPC, subject to conditions and recording within 30 days. Motion -- Knight moved that the Plat be approved and the Mayor be authorized to sign; and the associated zone change Z-3256 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has been -- carried recorded with the Register of Deeds. Motion carried 7 to 0. 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-3256 S/D 97-90 S/D 97-90 - PLAT OF MEDITERRANEAN DENTAL PLAZA ADDITION LOCATED ON THE NORTH SIDE OF 29TH STREET AND WEST OF WEBB ROAD. (District II) Agenda Report No. 98-162. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. The site is a two-lot replat of property zoned GO and is within the noise impact area of McConnell AFB. Avigational Easement and Restrictive Covenant. Motion -- Knight moved that the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 7 to 0. S/D 97-92 S/D 97-92 - PLAT OF LUCAS SPRINGS ADDITION LOCATED NORTH OF MACARTHUR ROAD, EAST OF WEST STREET. Agenda Report No. 98-163. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. Certificates of Petition. 100 Percent Petition for construction of Lateral 392, Southwest Interceptor Sewer (north of MacArthur, east of West Street) Project No. 468-82811 ($10,000 S.A.) Motion -- Knight moved that the Petition be approved and the Resolution be adopted; the document 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-98-070 Resolution of findings of advisability and Resolution authorizing construction of Lateral 392, Southwest Interceptor Sewer (north of MacArthur, east of West Street) Project No. 468-82811 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: Cole, Ferris, Gale, Kamen, Lambke, Rogers, Knight. V-2058 PUBLIC HEARING PUBLIC HEARING: V-2058 - REQUEST TO VACATE COMPLETE ACCESS CONTROL LOCATED AT THE SOUTHWEST CORNER OF ST. PAUL AVENUE AND SECOND STREET. (District IV) Agenda Report No. 98-164. Staff Recommendation: Approve vacation of complete access control. MAPC Recommendation: Approve vacation of complete access control. (unanimous) This property is identified as Parcel 2 in DP-61, the Woodlake Community Unit Plan. The CUP has been adjusted to modify the uses permitted on parcel 2 to allow a community assembly as the sole use, as well as the results sought within this vacation request. The agent for the applicant also reports that submission of the application to formally Lot Split this parcel has been made. The plat includes parcel 2 as part of Lot 1 of Woodlake Addition. The landowner of the property immediately north across 2nd Street spoke concerning the access point. A duplex exists on their property which has its driveway from the garage off 2nd Street. If the drive to the community assembly facility off 2nd Street is directly across from the driveway to the duplex, the landowner felt it would result in traffic flow problems. This concern was taken into account by the Subdivision Committee in its final recommendation. The Subdivision/Utility Committee recommended the petition to vacate the platted Access Control on 2nd Street and St. Paul Avenue subject to the following: A. Approve the requested vacation of Access Control on St. Paul Avenue as requested. B. Approve vacation of Access Control on 2nd Street only for that portion of the property that is across from the right-of-way for Clayton Street. All other Access Control on 2nd Street to remain. C. Applicant to erect and maintain signage designating the drive access as a Private Drive . D. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2059 PUBLIC HEARING PUBLIC HEARING: V-2059 - REQUEST TO VACATE BUILDING SETBACK LOCATED IN AN AREA EAST OF RIDGE ROAD, NORTH SIDE OF 21ST STREET NORTH. (District V) Agenda Report No. 98-165. MAPC Recommendation: Approve vacation of building setback. Staff Recommendation: Approve vacation of building setback. (unanimous) This property is platted as Lot 5 in the Lakeridge Commercial 2nd Addition with a platted 100' building setback along 21st Street. It is also shown as parcel 5 in the Lake Ridge Commercial CUP (DP-205). The restrictions on the approved plan for this CUP also show a 100' building setback. The request is to reduce the setback to 45', which is the same as the pad sites to the west in the same development. The applicants have submitted a request for an administrative adjustment to DP-205 to reduce the building setback consistent with this request. That adjustment will be processed based upon the outcome of this request. The Subdivision/Utility Committee recommended the request to vacate a portion of the platted building setback be approved subject to the following conditions: A. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. The MAPC recommended approval of the Subdivision/Utility Committee recommendation. No members of the public spoke in opposition to this request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2060 PUBLIC HEARING PUBLIC HEARING: V-2060 - REQUEST TO VACATE A PORTION OF A PLATTED BUILDING SETBACK LOCATED IN AN AREA AT THE SOUTHWEST CORNER OF SUNSET AND EMERSON, NEAR 13TH STREET NORTH AND EAST OF TYLER. (District V) Agenda Report No. 98-166. MAPC Recommendation: Approve vacation of a portion of a platted building setback. Staff Recommendation: Approve vacation of a portion of a platted building (unanimous) The applicant proposes to construct a 3rd bay onto the existing garage on his property, extending as close as 10 feet to the right-of- way line for Emerson Avenue. The lot was platted with a 25-foot building setback along Emerson Avenue, which was intended to be the front yard. The residence constructed on the property faces Sunset Drive but honors the building setback along Emerson Avenue. The applicant has constructed a solid wood fence that encloses more than the area proposed for the addition onto the garage. The residences to the south along Emerson Avenue are built at the 25-foot building setback line. However, Emerson Avenue curves to the north and east as it approaches Sunset Drive from the south, so the addition onto the garage is less intrusive into the front yard area than would be expected if the Emerson Avenue stayed on a straight course. The Subdivision/Utility Committee recommended the request to vacate a portion of the platted building setback be approved subject to the following conditions: A. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. The MAPC recommended approval of the Subdivision/Utility Committee recommendation. No members of the public spoke in opposition to this request. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2061 PUBLIC HEARING PUBLIC HEARING: V-2061 - REQUEST TO VACATE A PORTION OF A PLATTED BUILDING SETBACK LOCATED IN AN AREA ON THE SOUTHWEST CORNER OF 31ST STREET SOUTH AND HANDLEY AVENUE EAST OF SENECA AND SOUTH OF 31ST STREET SOUTH. (District IV) Agenda Report No. 98-167. MAPC Recommendation: Approve vacation of platted building setback. Staff Recommendation: Approve vacation of platted building setback. (unanimous) This property was recently rezoned to the NR Neighborhood Retail zoning district. The applicant proposes to begin construction on the property and wishes to be allowed to use the maximum width of the lot allowed under the NR zoning, which is 15-feet for a street side yard. The property was platted with a 30-foot setback along Handley Avenue when it was platted several years ago. The change in zoning and proposed use is the reason behind the request to vacate a portion of the platted building setback. The Subdivision/Utility Committee recommended the request to vacate a portion of the platted building setback be approved subject to the following conditions: A. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2062 PUBLIC HEARING PUBLIC HEARING: V-2062 - REQUEST TO VACATE A PORTION OF A PLATTED FLOODWAY RESERVE LOCATED IN AN AREA ON THE WEST SIDE OF MAIZE ROAD APPROXIMATELY 1/4 MILE SOUTH OF CENTRAL. (District IV) Agenda Report No. 98-168. MAPC Recommendation: Approve vacation of platted floodway reserve. Staff Recommendation: Approve vacation of platted floodway reserve. (unanimous) The applicant requests the vacation of a portion of a platted Floodway Reserve Easement that was designated generally at the time of platting. The land in question was recently granted a variance by the Board of Zoning Appeals for the construction of a communication tower for Southwestern Bell Mobile Systems. The facilities to be constructed for the communication tower will be in the area encompassed in this vacation request. The site analysis for this tower included more detailed analysis of the floodway on this property and that study indicated that the actual floodway covered less area than originally encumbered by the easement. The Subdivision/Utility Committee recommended the request to vacate a portion of the Floodway Reserve Easement be approved subject to the following conditions: A. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2063 PUBLIC HEARING PUBLIC HEARING: V-2063 - REQUEST TO VACATE STREET RIGHT-OF-WAY LOCATED IN AN AREA WEST OF MERIDIAN SOUTH OF MAY STREET. (District IV) Agenda Report No. 98-169. MAPC Recommendation: Approve vacation of street right-of-way. Staff Recommendation: Approve vacation of street right-of-way. The applicant, who owns all of the property adjacent to Orient Boulevard in Blocks 4 and 6 of Southwest Industrial Addition, wishes to vacate the undeveloped street right-of-way for Orient Boulevard between May Street and Sheridan Street. There is also a tract of land labeled as an easement for a railroad spur adjacent to the northwest side of proposed Orient Boulevard, as well as platted railroad spur easements that run north/south through the center of all the blocks in this subdivision. The adjacent former Santa Fe railroad line is an active line currently operated by the Central Kansas Railway Company. In addition, the plat of Southwest Industrial Addition shows rail spur easements coming from the former Santa Fe line and extending south in the middle of all the blocks in the subdivision. The intent was to construct spur lines that could serve each of the lots within the industrial development. The eastern track easement in Blocks 1 and 2 was vacated in 1959. The other spur easements remain in effect. The applicant proposes to develop the land, including the vacated Orient Boulevard, as a single tract or, if needed, by reconfiguring the lots through a replat. Regardless, the applicant feels no need for this street and that the land involved would be better utilized as part of the developable lot. As shown, the vacation would also result in Custer Street (also an undeveloped street) being a dead-end at Orient Boulevard. The applicant has provided dedication of a cul-de-sac for Custer Avenue. The Subdivision/Utility Committee recommended the request to vacate Orient Boulevard between May Avenue and Sheridan Avenue be approved subject to the following conditions: A. Applicant provide, by separate instrument, dedication of a cul-de-sac at the north end of Custer Avenue meeting the requirements of the Subdivision Regulations. B. Retain that portion of Orient Boulevard used as track easement for the rail spur serving Block 4, Southwest Industrial Addition to the City of Wichita, Sedgwick County, Kansas. C. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. The MAPC recommended approval of the Subdivision/Utility Committee recommendation. No members of the public spoke in opposition to this request. Since the conclusion of the MAPC review, staff has further evaluated this case and determined an affidavit from the applicant assuring there will be no protest of future assessments for the paving of Custer Avenue is needed. That is being provided as well. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. V-2064 PUBLIC HEARING PUBLIC HEARING: V-2064 - REQUEST TO VACATE PLATTED BUILDING SETBACK LOCATED AT THE CORNER OF WEST AND 17TH STREET NORTH. (District V) Agenda Report No. 98-170. Staff Recommendation: Approve vacation of building setback. MAPC Recommendation: Approve vacation of building setback. (unanimous) The applicants are requesting the vacation of a portion of the platted 25-foot building setback along 17th Street just east of West Street, down to 20 feet, in order to construct a detached garage. The contractor applied for a building permit and was advised of the platted building setback restriction. The Subdivision/Utility Committee recommended the request to vacate a portion of the platted building setback be approved subject to the following conditions: A. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. Marvin Krout Director of Planning reviewed the Item for the City Council. The notice of hearing was published and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 7 to 0. DP-138 AND Z-3266 DP-138 AMENDMENT #1 - REQUEST TO AMEND THE MERIDIAN OUTLET MALL COMMERCIAL COMMUNITY PLAN; AND Z-3266 - ZONE CHANGE FROM "MF-18" MULTI-FAMILY RESIDENTIAL AND "TF-3" TWO- FAMILY RESIDENTIAL "LC" LIMITED COMMERCIAL TO "LC" LIMITED COMMERCIAL LOCATED BETWEEN MERIDIAN AND SHERIDAN, SOUTH OF 33RD STREET SOUTH. (District IV) Agenda Report No. 98-171. MAPC Recommendation: Approve, subject to replatting within 1 year and to conditions (12-0). CPO Recommendation: Approve, subject to replatting within 1 year and to conditions (8-0). Staff Recommendation: Approve, subject to replatting within 1 year and to conditions. The applicant requests approval of an amendment to the Meridian Outlet Mall Commercial Community Unit Plan (C.U.P.), and an associated zone change from "TF-3", Two-Family Residential and "MF-18", Multi-Family to LC, Limited Commercial, located south of 33rd St. South, between Sheridan and Meridian. The applicant is seeking the zone change and C.U.P. amendment in order to divide the subject property into two ownerships. One of the ownerships (14.69 acres, in proposed Parcels 1,2 and 3) would be owned by Builder's Inc., and maintain the existing C.U.P. restrictions. Proposed Parcel 4 (57.9 acres), is currently zoned "TF- 3", "LC" and "MF-18", would be gifted to the YMCA, creating a separate ownership. Of the Y's 57.9 acres, 43.14 acres are to be rezoned from "MF-18" and "TF-3" to "LC", but restricted by the proposed C.U.P. to outdoor and indoor recreation uses and associated parking. The remaining 14.76 acres (57.9 - 43.14 = 14.76) that will be under Y ownership, but not included in the zone change, are already zoned "LC". The zoning code permits outdoor recreational uses in the "LC" district as a conditional use. In this case, the C.U.P. takes the place of the conditional use permit normally associated with such uses in the "LC" district. The existing C.U.P. contains six parcels covering the entire ownership. Parcel size ranges from 2.38 to 20.03 acres. Permitted uses include: single-family, duplex, town home and garden apartment residential uses, office, retail sales, restaurants, private clubs, personal services and financial institutions. Permitted maximum gross floor area for commercial uses ranges from 10,000 to 225,000 square feet (a total of 265,000 square feet of commercial uses are currently permitted). Residential uses are permitted at a density range of 5 to 12 units per acre. Up to 584 garden apartments could be built on the existing "MF-18" zoned parcels. As proposed, this C.U.P. does not meet standard C.U.P. development standards or is a deviation from the existing C.U.P.: Provision # 5: Current C.U.P. restricts signage to maximum height of 20 feet, except for the southeastern corner where a 35 foot tall identification sign is permitted and no portable or off-site signs or rotating or flashing lights are permitted. Proposed C.U.P. references sign code, specifically prohibits portable signs, but not billboards or rotating flashing signs, and permits height variances approved by the BZA. Provision # 6: Current C.U.P. has non-standard language. Standard architectural control language is as follows: "All building exteriors in the C.U.P. shall share a uniform architectural character, color, texture, and the same predominate exterior building material. Building walls and roofs must have predominately earth-tone colors, with vivid colors limited to incidental accent, and must be predominately brick on all four sides." Current C.U.P. "parcel descriptions" do not include maximum heights for buildings, maximum building coverage, maximum gross floor area restrictions, except to say that the parcel will be developed consistent with those standards set forth in the GC district. Standard C.U.P. heights are generally 35 feet versus 80 feet (additional height can be gained over the C.U.P. standard with proper setbacks) allowed in the GC district. Building coverage and floor area are not addressed in the GC district standards other than typical building setbacks. Standard C.U.P. maximum building coverage allowed is 30%. The existing C.U.P. contains a 10 foot wide landscape buffer along Meridian. The proposed C.U.P. does not contain that provision, but applicable provisions of the landscape ordinance would have to be met at the time of development. The existing C.U.P. provides complete access control along the south side of 33rd Street, except for emergency access openings, and complete access control to the west side of Meridian, except for two openings, and a proposed 35th Street located mostly along the south side of the property. The proposed C.U.P. depicts four access points for Parcels 1,2 and 3. (Two joint access points, one for Parcels 1 and 3 and one for Parcels 1 and 2, instead of one access point each, is recommended.) The proposed C.U.P. maintains the same access control to 33rd Street as the existing C.U.P. Setbacks varied on the existing C.U.P. from 15-20 feet along 33rd Street to 50 feet along Meridian. The proposed C.U.P. only shows setbacks of 50 feet along Meridian. The concept plan for the YMCA indicates a setback of 15 feet around the perimeter of parcel 4. Typical