MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, May 20, 1997 Tuesday, 9:03 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Lambke, Cole, Gale; present. Council Members *Ferris, *Kamen, Rogers; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Dawood Ahmed, Islamic Society of Wichita. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of May 13, 1997, were -- approved approved 4 to 0. (Ferris, Kamen, Rogers; absent) AWARDS AND PRESENTATIONS *Council Member Kamen present. AWARDS Mayor Knight presented the Awards. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. PUBLIC AGENDA COMMENTS BY WILBERT HUNT. Wilbert Hunt Wilbert Hunt thanked the Mayor for improvements around town for the handicapped. Mr. Hunt spoke of his son, Mandy Dyes, a student at K-State, and asked for anyone with persuasive influence, particularly at K-State, to assist his son in remedying some problems he is facing. COMMENTS BY MIKE JONES, SYCAMORE VILLAGE HOMEOWNERS ASSOCIATION. Mike Jones Mike Jones, Attorney representing Sycamore Village and other home associations, spoke regarding the tax credit request for the 29th and Governeour low-income housing project. Mr. Jones said neighbors in the area are concerned and inquired as to how and where concerns should be voiced. The developer wants tax credits which are given under a Federal program administered by the Kansas Department of Housing and Commerce. The concerned area neighbors would like to be included in discussions and the tax credit process. The Tax Credit Program utilizes public dollars and deserves public hearing. Of concern to the neighbors of the developer is the traffic on Rock Road which would increase about 400 cars per day coming and going to the complex; the population density; added pressure on the schools; and the typical crime problems in high-density areas. Mayor Knight Mayor Knight said that previously, when he was Secretary of Commerce, community comments were requested and, generally, requests were not approved if there were community concerns. The process has been changed and the City of Wichita has officially expressed opposition but has not received a response. Chris Cherches City Manager explained that, prior to January, 1997, the Kansas Department of Housing and Commerce solicited comments from communities involved. In January, 1997, the policy changed and allowed the following additional ways applicants could generate community support: 1. Mayor's letter. 2. County Commission Chair letter. 3. Letter of support from a broad segment of the community. 4. Community meeting comments. 5. Public survey by the applicant which shows the need. The City of Wichita has indicated the desire to have the policy revert to the previous policy. October 17, 1995, the City council adopted a Resolution which established policy and procedures for providing City approval and support for the application by developers of residential housing projects for federal low income housing tax credits, but the policy has been made mute by the recent Kansas Department of Housing and Commerce action. Council Member Kamen Council Member Kamen said he would would with Staff and the City council as much as possible and urged concerned citizens to contact their State Representatives. Mike Jones Mike Jones said he had a Petition which would be presented to City Staff later. There was no further action on this Item. PAVING PATTERSON PAVING PATTERSON, WEST OF BROADWAY. Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 97-415. On May 13, 1997, the City Council discussed the possible paving of Patterson, west of Broadway. The project will be scheduled for an informal public hearing at the May 22, 1997, CPO Council 3 meeting, and a public hearing at the June 10, 1997, City Council meeting. The unpaved section of Patterson is difficult to maintain because it does not have a satisfactory drainage outlet. In order to provide a drainage outlet, staff recommends that the street be paved so that drainage runoff can be channelized in the street gutters and then piped to the existing storm sewer system. The estimated project cost is $133,000. It is recommended that the drainage work associated with the project, estimated to cost $30,000, be paid by Storm Water Utility funds. Funding options for the remainder include: 1) Assessing 100% of the paving cost to the improvement district. 2) Assessing 70% of the paving cost to the improvement district and picking up 30% of the cost with at large funds. Motion -- Lambke moved that the Project be approved and Option 2 be selected, and the Resolution be adopted. Council Member Kamen Council Member Kamen expressed concern that those who would benefit would have no assessment. Council Member Kamen said he hoped the City's 30 percent share would be included under the storm drain program because the drainage ditch cannot be built without the paving. Council Member Lambke Council Member Lambke, answering a question, explained that the situation in this area has existed at least 4 to 5 years and the drainage problems were probably created by paving Patterson to the west and the building up of properties. The City is responsible. This is a public street and the City will benefit more than the property owners in the area who have access to their property from other places. Each case should be considered on its own merit and the City should not get locked in by a policy. *Council Member Ferris present. Mayor Knight Mayor Knight said there are other streets with the same problems but there may be financial implications which the City is not prepared for. -- failed Motion failed 4 to 2. Cole, Ferris, Gale, Knight - No. (Rogers absent) Motion -- Lambke moved that the project be approved and funding Option 1 be selected, and -- carried the Resolution be adopted. Motion carried 4 to 2. Gale, Kamen - No. (Rogers absent) RESOLUTION NO. R-97-135 Resolution of findings of advisability and Resolution authorizing improving of Patterson from Broadway to the east line of Henry Jones Addition, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Lambke moved that the Resolution be adopted. Motion carried 4 to 2. Yeas: Cole, Ferris, Lambke, Knight. Nays: Gale, Kamen. (Rogers absent) IRB - CESSNA AIRCRAFT PUBLIC HEARING AND ISSUANCE OF AIRPORT FACILITIES REFUNDING REVENUE BONDS - CESSNA AIRCRAFT COMPANY. (District V) Agenda Report No. 97-417. On March 27, 1990, the Council approved a Letter of Intent to issue Industrial Revenue Bonds in an amount not to exceed $12.1 million to Cessna Aircraft Company. The Council also granted Cessna a 100% tax abatement for a ten year term. Proceeds from the Bond sale were used to construct and equip the Cessna Citation Service Center located at One Cessna Boulevard, on land leased from the Wichita Airport Authority. On April 24, 1990, the Council approved the issuance of Industrial Revenue Bonds, Series II, 1990, in the amount of $12.1 million. The proceeds from the sale of the 1990 bonds were used to construct and equip the Citation Service Center containing 181,800 s.f. and located at One Cessna Boulevard on Mid-Continent Airport. The proceeds from the sale of the 1997 bonds will be used to only refund the Series II, 1990 bonds. Bond fees and closing costs will be paid by Cessna's own funds. Cessna aircraft Company, has an approved EEO/AA plan on file with the City. The Series II 1990 Bonds were issued by the City instead of the Airport Authority in order to insure the possibility of property tax exemption. At the time, pending legislation called into question whether airport property leased to private concerns would continue to be exempted from ad valorem taxation. While that contingency is no longer a consideration, the proposed refunding will follow the same structure as the 1990 bonds. The Airport Authority will consider the approval of their part in the transaction on May 19, 1997. Cessna agrees to pay all costs of issuing the bonds and agrees to the City's annual $2,500 administrative fee for the term of the bonds. The bonds will be underwritten by Piper Jaffray, Inc. and reoffered for public sale. The City's Bond Counsel has asked that, following the public hearing, the Item be continued to June 3, 1997. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the public hearing be closed; the Item be continued to June 3, 1997, to consider first reading of the bond ordinance; and the continuation of Cessna's property tax abatement under the terms of the original bond issue be -- carried approved. Motion carried 6 to 0. (Rogers absent) REGIONAL COUNCIL SOUTH CENTRAL REGIONAL COUNCIL OF GOVERNMENTS. Mayor Knight Mayor Knight reviewed the Item. Agenda Report No. 97-418. In February, the Mayor of Wichita invited representatives from municipalities in Butler, Cowley, Harvey, and Sedgwick Counties to meet to determine interest in forming a voluntary organization to serve and promote the interests of the South Central region. There was a consensus among the group that some form of regional council of governments should be formed to facilitate communications among governments and to provide a common voice for legislative actions to protect and benefit this region of the State and its member communities. To formalize this organization, a group of elected and appointed officials from area cities met and drafted an Interlocal Agreement outlining the parameters of the Regional Council. this Agreement has been discussed and approved by representatives from cities interested in participating in this Regional Council. A resolution has been drafted authorizing the City to enter into the Agreement. Upon execution of the Interlocal Agreement by ten (10) cities, the Regional Council will be officially formed. Cities agreeing to be part of the South Central Regional Council of Governments recognize the need and value to jointly plan for facilities and services on an area-wide, or multi-agency nature, in order to strengthen local governments and better serve the public and to serve the interests of an entire region on matters of local concern. Members also recognize the need to inform each other of proposals, plans, developments, and operations which have an area-wide or regional impact and significance, while recognizing that not all of these activities need to be jointly planned or coordinated. In addition, these cities recognize the need to strengthen both the individual and collective authority of local governments to help identify and address regional opportunities, resolve regional problems, develop and support common legislative positions, work in concert on issues and challenges which originate outside of the regional boundaries, eliminate unnecessary duplication, and address common issues. The Primary objective of the Regional Council will be to provide a forum and means to address regional issues and concerns, including but not limited to: 1. Promote communication among members and the identification and resolution of common regional-scale problems/challenges. 2. Provide a common voice for legislative actions to the protection and benefit of the region and its members communities. 3. Improving economic development and job recruitment to the area. 4. Act in an advisory capacity to exchange, interchange, and review various programs which are of regional significance and matters referred to it by individual members. 5. Maximize the attainment of Federal and State grants and assistance into the region. 6. Provide technical assistance services to member local governments upon request. 7. Work toward solutions of environmental challenges, including the protection of air, water and pollution/contamination. The Regional Council will be comprised of cities throughout the five county areas of Sedgwick, Butler, harvey, Sumner, and Cowley counties. Each city wishing to participate will appoint one elected official to serve as its member, and an elected or appointed official to serve as the alternate member. Initially, no costs other than staffing and/or clerical expenses are anticipated. While the Interlocal Agreement does provide for a potential for a budget, none is contemplated during the establishment of the council. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that membership be approved, the Resolution authorizing execution of the Interlocal Agreement be adopted; and (3) the Mayor be designated as the City's representative on the Council and Council Member Ferris be designated as -- carried alternate member. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-97-136 A Resolution authorizing the execution of the Interlocal Agreement, presented. Cole moved that the Resolution be adopted. Motion carried 6 to 0. Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. (Rogers absent) INDIGENT DEFENSE CONTRACT FOR INDIGENT DEFENSE SERVICES. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-419. The City is required to provide legal defense to persons accused of a crime but unable to afford to hire a private attorney. By ordinance, the Administrative Judge has the authority to maintain a list of qualified attorneys who will be assigned cases at a fee set by the ordinance. Additionally, the court is allowed by ordinance to contract with attorneys to provide all indigent defense services subject to Administrative Regulation 7d. The Municipal Court Task Force, comprised of individuals with a knowledge of both the legal system and also of good business and operational practices, completed its report in August 1995. The City Manager then directed the formation of internal task teams to address the recommendations presented in the Municipal Court Task Force Report. The City Council was presented with the findings of internal teams on March 5, 1996. The internal task team report set forth a series of specific tasks which identified budgetary impacts, required policy/ordinance actions, the current status and the individual responsible for completion of the task. The Municipal Court Task Force recommended an outside attorney firm be selected to provide all indigent defense services. A RFP was developed by the Municipal Court Task Team and mailed to attorneys. Two groups of attorneys submitted proposals. The Task Team evaluated the responses and selected Suzanne Dwyer to provide the services. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the contract with Suzanne Dwyer be approved and the Mayor be -- carried authorized to sign. Motion carried 6 to 0. (Rogers absent) HARDSHIP DEFERRAL EXTENSION OF HARDSHIP DEFERRAL PROVISIONS TO PAYMENT IN LIEU OF SPECIAL SPECIAL ASSESSMENTS ASSESSMENTS AND PLANT EQUITY FEES. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-421. On occasion, the Water and Sewer Department deals with property owners wishing to receive water and/or sewer services for whom the payment of fees for in lieu of special assessments and/or plant equity fees. On occasion, the Water and Sewer Department deals with property owners wishing to receive water and/or sewer services for whom the payment of fees for in lieu of special assessments and/or plant equity fees would be prohibitively expensive. In such instances, such property owners may be forced to either abandon or substantially delay the improvements to the property. Guidelines governing the use of available federal assistance funds do not generally allow payment for items which do not relate to the creation of a tangible asset, i.e. physical improvements to the property. The existing Sections 2.24.070 and 2.24.075 of the Code of the City of Wichita provide for the deferral of the payment of special assessments under certain prescribed conditions for applicants meeting defined economic hardship criteria. The adoption of the proposed ordinances would result in the extension of these hardship deferral standards to the payment of in lieu of special assessments and plant equity fees when required prior to the approval and connection to the water and sewer system(s). Deferral of the payment of said fees would be predicated upon the placement of a lien against the property as outlined in Section 2.24.075. The Ordinance as proposed contain a provision that the hardship provisions for payment of these fees shall also apply to properties located outside the corporate limits of the City of Wichita. Adoption of the Ordinances will marginally impact the cash flows of the Water and Sewer Utilities through the delay in the payment of the fees in question. This is for a very small group of properties whose owners need to establish that they are in compliance with the family income guidelines defined in the ordinance for the hardship application qualification. No adjustment rates will be required as a result of the adoption of these Ordinances. Adoption of the Ordinances will, in some instances, result in encouragement of infill development for qualifying applicants since the economies related to the development of certain properties will be enhanced. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that application of the existing hardship payment provisions governing the deferral of special assessments to the payment in lieu of special assessments and plant equity fees be authorized, and the Ordinances be placed on -- carried first reading. Motion carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance amending Section 16.14.041 of the Code of the City of Wichita, Kansas, pertaining to payments of plant equity fees for connection to sewer system and repealing the original thereof, introduced and under the rules laid over. ORDINANCE An Ordinance amending Section 17.12.061 of the code of the City of Wichita, Kansas, pertaining to payments of plant equity fees for connection to water system and repealing the original thereof, introduced and under the rules laid over. RESIDENTIAL PROJECT DOWNTOWN RESIDENTIAL PROJECT. Council Member Kamen Council Member Kamen declared a conflict of interest and left the Bench. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-422. The City Council approved funding from the 1997 HOME Investment Partnerships Program for an affordable Downtown Residential Project and authorized a competitive Request for Proposals from developers for such a housing development. An RFP was issued on February 28, 1997, The RFP permitted projects to be submitted which could include the rehabilitation of existing buildings, replacement of an existing building, or new construction on a vacant site in the core area. Eligible respondents could be neighborhood organizations, for-profit and nonprofit organizations (developers), individuals and existing rental property owners. The developer response could also include home ownership, rental, co-op, or any HOME eligible activities. The proposed project restricted the area to the downtown area with boundaries: Waco on the west, Murdock on the north, Washington on the east, and Lewis Street on the south. RFP's were solicited from over forty different firms and organizations. Twenty-five applications were sent to known tax credit developers with projects in Kansas. A review committee was convened to evaluate the proposals. Two organizations responded to the RFP. One proposal was from Philip L. Perry for a proposed development named Innes Station Partners, L.L.C. This proposal is for the conversion of a seventy-year-old warehouse at 701 E. First Street to residential use. The project would be mixed-income and include nine affordable rental units, thirty-seven market-rate rental units, along with thirteen condominiums to be sold as owner-occupied units. Projected rents for the one- and two-bedroom market-rate units would be established at $550 and $675, respectively. Rents for the one- and two-bedroom affordable units would be $329 and $386, respectively. The condominiums would be priced at $92,000 to $125,000. The project budget for Innes Station is $4,758,577. Under this proposal, additional HOME funds would be requested as a 3% loan to be repaid over a twenty-year period. The proposed financing package would consist of HOME funds, bond financing, low-income housing tax credits, historic tax credits, and conventional financing. In the event $350,000 in HOME funds is committed to this project, the development would still have a financing gap of $592,577. The developer has requested an additional $150,000 from FY 1996 HOME funds and twelve months to resolve the remaining gap of $442,577. The other proposal received was submitted by E. Jean Carter for property operated under the organization H.O.P.E., Inc. H.O.P.E. (Helping Our People Economically). The organization lists several other programs under its umbrella including Wichita AIDS, Grandma's Place, the H.O.P.E. Cultural Arts Academy, Prison Ministries, C-WOCAM, and H.O.P.E. TV Network. This project proposes to repair seventy-four units at 420- 426 N. Topeka and 401-405 East Third. Although a project budget was not submitted, photos of select units suggest substantial disrepair of the property. The development receives project-based Section 8 assistance, and rents are based on 30% of the tenants income, less the cost of tenant-paid utilities. There is an outstanding conventional mortgage in the amount of $78,662 on the property. A breakdown of the units by bedroom size was not provided. The goal of the H.O.P.E. program is to move clients through a continuum of care, or a system that enables homeless, low-income, and disabled persons to have a needs assessment, receive appropriate services, including transitional housing to move to permanent housing. If approved, this would be a new program for the residents living in these apartments. Both proposals were evaluated using the selection and evaluation criteria set forth in the RFP. After careful review of the goals and purpose of the program intent, the review committee recommends the City Council accept the proposal of the Phillip L. Perry (Innes Station Partners' project). The Innes Station proposal includes the $350,000 offering contained in the RFP. In addition, it requests an additional $150,000 available HOME funds allocated and budgeted for downtown residential housing. These funds would be allocated from the City's 1996 and 1997 HUD allocation and would be provided in the form of a low interest loan to be repaid over twenty years at an interest rate of three (3) percent. If approved, the developers request a twelve month period to complete its financial package, including application for necessary tax credits and equity gaps totally approximately $442,577. HOME funding is available and eligible for the project. Mayor Knight Mayor Knight inquired if anyone wished to be heard. David Burk David Burk, representing Innes Station Partners, L.L.C., urged approval of the proposal. Jean Carter Jean Carter, owners of 73 units in the area, said a proposal for rehabilitation of downtown properties had been submitted but was not included in the recommendation to the Council. Ms. Carter asked for consideration of H.O.P.E., Inc.'s, proposal and said the assistance is needed to get the housing up-to-par. All the units are low income. Mayor Knight Mayor Knight explained responses to request for proposals had been carefully reviewed the the review committee had recommended the Philip L. Perry proposal for the Innes Station partners, L.L.C. Motion -- Cole moved that the proposal submitted by Innes Station Partners, L.L.C. for the downtown residential housing project and a loan (in the amount of $500,000) from the HOME Investment Partnerships Program be authorized; and a Development Agreement setting forth the terms/conditions of the project be approved and the -- carried Mayor be authorized to sign. Motion carried 5 to 0. (Kamen, Rogers; absent) Council Member Kamen present. GOLF COURSE DESIGN CONTRACT FOR GOLF COURSE DESIGN SERVICES. (District V) Tim Vanatta Director of Parks reviewed the Item. Agenda Report No. 97-423. A selection committee appointed by the City Manager has selected a professional design firm to provide architectural design services for the City of wichita to develop an 18-hole golf course to be named the Auburn Hills Golf Course in west Wichita. The firm selected from a field of 20 proposals received is Dye Designs International. City Council approved development of the Auburn Hills Golf Course in west Wichita at their December 17, 1996 meeting. As a first step in the development process, a request for proposals was developed and sent to qualified golf course architectural firms, soliciting proposals to provide plans and specifications and to monitor construction of the golf course. Twenty proposals were received and reviewed by an internal selection committee headed by Tim Vanatta, Director of Park and Recreation. The proposal submitted by Dye Designs International to provide design drawings, grading plans, construction drawings and oversight of construction is not to exceed $261,000, which includes travel expenses. These funds will be part of the overall capital project costs for development of the golf course. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the contract, for an amount not to exceed $261,000, with the design firm of Dye Designs International be approved and the Mayor be authorized to sign the contract as soon as the agreements are finalized with the developer. -- carried Motion carried 6 to 0. (Rogers absent) (The Council proceeded to take up the remainder of the Agenda and returned to this Item at the time certain of 10:30 a.m. Action is shown below) DOUGLAS STREET PARK APPROVAL OF MATCHING FUNDS FOR DOUGLAS STREET VEST POCKET PARK. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-420. The proposed "Pocket Park" will be an urban park setting located at the site of the demolished Woolworth's building on the south side of Douglas Avenue, between Market and Broadway, in wichita's core area. the property was acquired by the City in 1993 for a park development following the failure of private development to occur at this location. In 1994, the City council retained the services of a consultant to design a small park that would serve the downtown area and be available for local events. The development of this park was to be accomplished through a public-private partnership, with outside funding support. To date, approximately $160,000 has been donated; $78,082 from the Wetzel Estate and the balance from Nations Bank, Commerce Bank/Kemper Foundation, and the Lattner Foundation. The Public Art Advisory Board is continuing its efforts to seek additional contributions toward the development of the park. It is proposed that the development of the park be implemented in phases to allow the project to begin and be usable. As additional donations are received, other phases of the park development will be scheduled/completed. The first phase of the development will include the necessary infrastructure and include basic landscaping and park furnishings to allow the park to be used by the public. the DeVore Family Foundation will contribute sculptures (valued at approximately $200,000) to the park as it is developed. These art pieces are currently under contract to be delivered to the park site in early Fall of this year. The Public Art Advisory Board has recommended that the park development begin and is seeking matching funding toward the development of the park. The PAAB requests that matching funds be contributed to the park development in an amount of $160,000 to match the current donations, for a total $320,000. This amount would allow the first phase of the park development to be initiated. As additional funds are contributed for the remaining phase, the City Council may be asked to match those funds to complete the project. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that matching funds be allocated in the amount of $200,000 and the donations be accepted, as offered. Chris Cherches City Manager, responding to a question regarding Blimpy's opening into the park, said there had been no approval and any forthcoming approval would be subject to City Council review and approval. The City Manager said he would check into the matter. -- carried Motion carried 6 to 0. (Rogers absent) CITY COUNCIL AGENDA APPOINTMENTS APPOINTMENT TO ART MUSEUM BOARD. One appointment (Rogers), for a term expiring June 30, 1997. Motion -- carried Knight moved that the appointment be deferred two weeks. Motion carried 6 to 0. (Rogers absent) APPOINTMENT TO BOARD OF ZONING APPEALS. One appointment (Lambke), for a term expiring June 30, 1997. Motion -- Lambke appointed John Rogers and moved that the appointment be approved. Motion -- carried carried 6 to 0. (Rogers absent) APPOINTMENT TO WICHITA EMPLOYEES' RETIREMENT BOARD. One appointment (Ferris), for a term expiring June 30, 1997. Motion -- Rogers moved that the appointment be deferred three weeks. Motion carried -- carried 6 to 0. (Rogers absent) PROCLAMATIONS PROCLAMATIONS. -- Arson Awareness Month -- Women's Intercessory Prayer Network Day Motion -- carried Knight moved that the proclamations be authorized. Motion carried 6 to 0. (Rogers absent) ADDENDUM ITEM 15A SCREENING REQUIREMENTS MULTIPLE-FAMILY DEVELOPMENT/REQUIREMENTS FOR SCREENING. (Requested by Council Member Kamen) Motion -- Kamen moved that Staff and the Metropolitan Area Planning Commission (MAPC) be instructed to hold a public hearing and solicit comments from CPOs, developers, and the general public, on a possible amendment to the zoning code requiring solid screening around all or part of the perimeter of any new multi-family developments. Council Member Kamen Council Member Kamen said he would like to see, at the very minimum, a six-foot screening fence along the side and rear property lines of these projects, not just where they would adjoin single family zoned areas, but even where they adjoin other properties zoned for apartments. As it is understood, commercial and industrial developments are required to provide screening fences or walls when their side or rear property lines adjoin any residential zoning, whether single family or multi- family. And, if it is a commercial development of more than six acres, the screening must be in the form of masonry walls. Sometimes, good fences make good neighbors -- the separate different kinds of activities from view, reduce noise, and increase privacy. Apartment projects could have screening around their side and rear property lines, and maybe even along the street frontages, so they are completely enclosed and separated from other uses. And just like with commercial uses, if the apartment project is more than six acres, the required screening should be some kind of masonry wall. Council Member Cole Council Member cole said she would look at the proposal but that she had great reservations about solid walls. -- carried Motion carried 6 to 0. (Rogers absent) CONSENT AGENDA Knight moved that the Consent Agenda, including addendum Item, except Item 30, be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Rogers absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED MAY 19,1997. At 10:00 a.m., Friday, May 16, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes May 19, 1997. PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 97 Contract Maint Quick Set Slurry Seal of Asphalt Sts, PH II (131557) Ferguson Paving - $216,270.00 (Engineer's Construction Estimate) 97 Contract Maint Micro-surface seal of arterial streets phase II (132274) Ballou Construction - $83,250.00 (Engineer's Construction Estimate) 97 Contract Maint Preservative seal of asphalt streets (131540) Paving Maint. - $46,893.00 (Engineer's Construction Estimate) 97 Contract Maint surface milling & asphalt overlay-arterial sts, ph III, joint repair - 13th St. N. (132282) Cornejo and Sons $106,750.00 - (Engineer's Construction Estimate) Reconstruct Sanitary Sewer lines in the area bounded by Maple, Douglas, Meridian and Seneca 468-82708 (621706) Whitetail Services - $209,476.70 Pave Spring Meadow and Spring Meadow Courts (Reflection Ridge 7th Addition) 472-82561 (764282) Cornejo and Sons - $114,650.50 Pave Bluestem, Hoyt Circle, Fox Run Circle and Stoneybrook (Brentwood Village Addition) 472-82795 (764217) Cornejo and Sons - $214,891.00 Lateral 4, Main 18, Southwest Interceptor Sewer (Buckhead 2nd Addition) 468-82704 (743088) KC Excavating - $69,585.00 Water Distribution system (Buckhead 2nd Addition) 448-89139 (733808) HD Mills and Sons - $32,736.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the Mayor be authorized to sign for the City. Motion carried 6 to 0. (Rogers absent) PUBLIC WORKS/LANDFILL: BROOKS LANDFILL GROUNDWATER REMEDIATION PHASE 1 131300 AS PER SPECIFICATIONS Remediation Contractors, Inc. - $160,689 (Total net Bid) WATER AND SEWER/SEWER MAINTENANCE: FOAMING ROOT CONTROL HERBICIDE 182501-3399 AS PER SPECIFICATIONS Arrigation Engineering Co., Inc. - $21,816.00 WATER & SEWER/WATER DISTRIBUTION: WATERWORKS SUPPLIES (181222) AS PER SPECIFICATIONS Group 1 - Wichita Winwater Works Co. - $5,853.10 (Total Net Bid) Group 2 - Wichita Winwater Works Co. - $ 979.60 (Total Net Bid) Group 3 - Water Products, Inc. - $1,530.48 (Total Net Bid) Group 4 - Wichita Winwater Works Co. - $ 951.50 (Total Net Bid) Group 5 - U. S. Filter - $3,164.90 (Total Net Bid) Group 6 - U. S. Filter _ $ 450.00 (Total Net Bid) Group 7 - Wichita Winwater Works Co. - $1,236.00 (Total Net Bid) Group 8 - Price Brothers Co. - $1,185.00 (Total Net Bid) Group 9 - U. S. Filter - $1,315.00 (Total Net Bid) Group 10 -Water Products, Inc. - $ 268.95 (Total Net Bid) Group 11 -U.S. Filter - $ 552.10 (Total Net Bid) LIBRARY/BRANCH LIBRARIES: BRANCH LIBRARIES JANITORIAL SERVICES AS PER SPECIFICATIONS *Item 1 - Kleenco $365.00 Item 2 - Kleenco $ 72.00 Item 3 - Kleenco $ 96.00 Item 4 - Kleenco $ 96.00 Item 5 - Kleenco $365.00 Item 6 - Kleenco $128.00 Option 1 per sq. ft.- Kleenco $ .09 Option 2 per sq. ft.- Kleenco $ .11 Option 3a per call out- Kleenco $ 40.00 Option 3b per call out- Kleenco $ 20.00 Option 3c per call out- Kleenco $ 20.00 Option 3d per call out- Kleenco $ 25.00 Option 3e per call out- Kleenco $ 45.00 Option 3f per call out- Kleenco $ 35.00 Option 4 per hr per prsn Kleenco $ 8.00 *Trujillo Janitor Service refused contract after award, removed from bidders list. Redirect contract to Kleenco (Current contract vendor). HUMAN SERVICES/WICHITA HOUSING AUTHORITY: LAWN MOWING, TRIMMING & EDGING AS PER SPECIFICATIONS **Group I Item 1 per mowing - Complete Landscaping Systems, Inc. - $ 60.00 Item 2 per mowing - Complete Landscaping Systems, Inc. - $ 59.00 Item 3 per mowing - Complete Landscaping Systems, Inc. - $ 28.00 Group II Item 1 per mowing - Complete Landscaping Systems, Inc. - $ 60.00 Item 2 per mowing - Complete Landscaping Systems, Inc. - $ 70.00 **Atmosphere refused contract after award. Redirect contract to complete Landscaping Systems, Inc. Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the Purchasing Manager be authorized to sign for the City. Motion carried 6 to 0. (Rogers absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES. Escort Service. Lorn H. Smith, Jr. Peaches-n-Cream1541 S. 151st W. - Goddard Retail Cereal Malt Beverages. Renewal 1997 (Consumption on Premises) Don Norton LaChinita Mexican1451 N. Broadway Restaurant, Inc.* Special Event Ly Ngoc Thi Nguyen Thai Binh Market-7/5/971514 W. 21st *General Restaurant-Beer Sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Rogers absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. 16" water line along 127th Street East from Kellogg to Central (127th Street East, Kellogg to Central). Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 9-20-94) (District II) (448-88855/632216/544-508) b. Whitney Lane access control, sidewalk and site improvement (Hillside & Pawnee). Does not affect existing traffic. (Council approval date 3-19-96) (District III) (618058/815-006) 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., May 30, 1997. Motion carried 6 to 0. (Rogers absent) c. Improving West Street, Fire Hydrant Relocations along West Street, and 6" Water Line along Elm Street [West Street to 175 feet east of West Street] (Central to 13th). Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-18-97 & 1-14-97) (District V & VI) (472-82782&448-88714/706564&635342/405-210 & 544-634) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., June 6, 1997. Motion carried 6 to 0. (Rogers absent) SUB. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. 1. Water Distribution System to serve Sunridge 2nd Addition (north of 13th, east of 119th Street West). (448-88556/733634/470441) Does not affect existing traffic. (Council approval date 3-17-92) (District 5) 2. Water Distribution System to serve Smithmoor Fifth Addition (south of Harry, east of Webb). (448-89069/733766/470454) Does not affect existing traffic. (Council approval date 3-18-97) (District 5) 3. Storm Water Drain #122 to serve Aberdeen 2nd Addition (north of 21st, east of 119th Street West). (468-82626/750984/485134) Does not affect existing traffic. (Council approval date 10-29-96) (District 5) 4. Shefford to serve Sunridge 2nd Addition (north of 13th, east of 119th Street West). (472-82161/764175/490520) Does not affect existing traffic. (Council approval date 3-17-92) (District 5) 5. Shiloh to serve Smithmoor Fifth Addition (south of Harry, east of Webb). (472-82758/764266/490529) Does not affect existing traffic. (Council approval date 3-18-97) (District 2) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 30, 1997. Motion carried 6 to 0. (Rogers absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Supply Line to serve Country Meadows West Addition (along Central, west of 119th Street West) - $55,822.00. Does not affect existing traffic. (Council approval date 3-4-97) (District V) (448- 89086/733774/470-455) b. Water Distribution System to serve Country Meadows West (north of Central, west of 119th Street West) - $56,760.00. Does not affect existing traffic. (Council approval date 3-18-97) (District V) (448- 89087/733782/470-456) c. Water Distribution System to serve part of Reflection Ridge Seventh Addition (south of 29th, west of Ridge) - $42,672.00. Does not affect existing traffic. (Council approval date 3-21-95) (District V) (448- 88898/733790/470-457) d. Lateral 374, Southwest Interceptor Sewer to serve Country Meadows West & Buckhead Additions (north of Central, west of 119th Street West)- $140,580.00. Does not affect existing traffic. (Council approval date 3- 18-97) (District V) (468-82650/743070/480-399) e. Storm Water Sewer 481 to serve Hickory Creek Estates Addition (south of 13th Street North, west of 119th Street West) - $179,220.00. Does not affect existing traffic. (Council approval date 3-18-97) (District V) (468-82683/750943/485-130) f. Carr Ave, Shefford and Prescott Circles to serve Lark Third Addition (south of Kellogg, east of 119th Street West) - $362,880.00. Does not affect existing traffic. (Council approval date 5-21-96) (District V) (472- 82727/764068/490-509) g. Sewer Response Plan Raise Buried Manholes (1997 - Set 1) - $222,980.00. Does not affect existing traffic. (Council approval date 1-7- 97) (District all) (468-82702/621672/533-278) h. 16" Water Main in Harry Street from approximately 1/4 mile west of 159th Street East to a 12" Water Main approximately 2/3 mile east of 159th Street East (Harry Street at 159th Street East) - $180,000.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 4-8-97) (District County) (448-89046/633537/544-547) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Rogers absent) STATES OF COST STATEMENTS OF COST. a. (Third) Improving McLean Boulevard from Kellogg to Meridian, Design Only - $600,000.00. (Less Bonds Previously Issued - 550,000.00) Financing issued at this time - $46,000.00. (705434/472-82173/405-097) b. (Third) Improving Oliver, between 25th and 35th Streets North, Design Only - $100,000.00. (Less Bonds Previously Issued - 92,000.00) Financing issued at this time - $8,000.00. (705665/472-82347/405- 120) c. (Second) Broadway, Kellogg to William, Design Only - $57,000.00. (Less Bonds Previously Issued - 50,000.00) Financing issued at this time - $17,000.00. (706705863/472-82412/405-140) d. (Fourth) Improving McLean Boulevard from Meridian to Seneca - $4,017,886.00. (Less Bonds Previously Issued - 3,999,886.00) Financing issued at this time - $18,000.00. (705897/472-82448/405-143) e. (Second) Improving West Street from Maple to Zoo Boulevard (Right-Of-Way) - $10,454.00. (Less Bonds Previously Issued - 7,454.00) Financing issued at this time - $3,000.00. (705905/472-82454/405-144) f. (Second) Murdock Avenue from Waco to Wabash (R- W/Const) - $37,687.00. (Less Bonds Previously Issued - 7,687.00) Financing issued at this time - $30,000.00. (706002/472-82473/405-154) g. (First) Woodlawn, from 33rd to 36th Street - $127,000.00. (Less Bonds Previously Issued - $125,000.00) Financing issued at this time - $2,000.00. (706044/472-82499/405-158) h. (Second) 1995 Intersection Program - $850,000.00. (Less Bonds Previously Issued - $800,000.00) Financing issued at this time - $50,000.00. (706093/472-82558/405-163) i. (First) Gypsum Creek Bikepath, north of Kellogg - $19,500.00. Financing issued at this time - $19,500.00. (706127/472-82572/405- 166) j. (Second) Gypsum Creek Bikepath, north of Cessna - $58,300.00. (Less Bonds Previously Issued - 55,000.00) Financing issued at this time - $3,800.00. (706135/472-82573/405-167) k. (Third) Improving McLean Boulevard from Walnut to Taft, Design Only - $300,000.00. (Less Bonds Previously Issued - 269,000.00) Financing issued at this time - $31,000.00. (706143/472-82579/405-168) l. (Second) Improving McLean Boulevard from Taft to Seneca Street - $3,690,000.00. (Less Bonds Previously Issued - 90,000.00) Financing issued at this time - $3,600,000.00. (706168/472-82586/405-170) m. (Third) I-235 Corridor Landscaping at 13th Street North to K-96 Interchange; K-96 and I-235 Interchange and K-96/I-235 Interchange to the Broadway Interchange - $17,000.00. (Less Bonds Previously Issued - 15,000.00) Financing issued at this time - $2,000.00. (706176/472-82592/405- 171) n. (Second) Improving Oliver Street from 25th Street North to 35th Street North - $543,000.00. (Less Bonds Previously Issued - 450,000.00) Financing issued at this time - $93,000.00. (706184/472-82588/405- 172) o. (First) Improving Maize from 13th to 21st Street - $250,000.00. Financing issued at this time - $250,000.00. (706200/82601/405- 174) p. (Second) Improving Seneca Street from 31st Street South to Kellogg (Right-Of-Way) - $7,800.00. (Less Bonds Previously Issued - 3,000.00) Financing issued at this time - $4,800.00. (706218/472-82602/405-175) q. (Third) Improving 31st Street South from Southeast Boulevard to the Kansas Turnpike - $599,500.00. (Less Bonds Previously Issued - 539,000.00) Financing issued at this time - $60,500.00. (706226/472-82614/405- 176) r. (Second) Improving 47th Street South from Seneca to Broadway - $515,000.00. (Less Bonds Previously Issued - 387,000.00) Financing issued at this time - $128,000.00. (706234/472-82604/405-177) s. (Third) Improving Seneca from 31st Street South to Kellogg - $492,600.00. (Less Bonds Previously Issued - 475,000.00) Financing issued at this time - $17,600.00. (706259/472-82656/405-179) t. (Second) The 1995 Railroad Crossing Program: Westdale, east of Zoo Boulevard, 13th Street North, east of Zoo Boulevard, West Street, north of Zoo Boulevard, Eastbound Kellogg Frontage Road, east of K-42, McCormick, east of K-42, Harry, east of K-42, West Street, south of Kellogg, Murdock at Mosley/Washington/37th Street, east of Broadway, 29th Street east of Broadway, 21st Street, east of Broadway/Washington, south of Southeast Boulevard (K-15), Harry, west of Southeast Boulevard (K-15), Mt. Vernon, west of Southeast Boulevard (K-15), Hydraulic, south of Southeast Boulevard (K-15), Pawnee, west of Southeast Boulevard (K-15), Wassall, west of Southeast Boulevard (K-15), Oliver, south of 17th Street North, 37th Street, east of Rock Road, 10th Street, east of State, and Main, Market, Topeka, Emporia, and St. Francis at Bayley - $7,600.00. (Less Bonds Previously Issued - 5,000.00) Financing issued at this time - $2,600.00. (706283/472-82665/405-182) u. (Second) 1996 Intersection Program - $600,000.00. (Less Bonds Previously Issued - 500,000.00) Financing issued at this time - $100,000.00. (706291/472-82668/405-183) v. (First) K-96 Bikepath - $3,800.00. Financing issued at this time - $3,800.00. (706325/472-82675/405-186) w. (Second) Improving Ridge Road, from 13th Street North to 21st Street North - $527,000.00. (Less Bonds Previously Issued - 480,000.00) Financing issued at this time - $47,000.00. (706341/472-82688/405-188) x. (Second) Improving the East Bank Streets: Waterman from Wichita to Main, Wichita from Waterman to Lewis, Lewis from the east termination of the Maple/Lewis Street Bridge to Main - $1,076,800.00. (Less Bonds Previously Issued - 76,800.00) Financing issued at this time - $1,000.000.00. (706366/472-82628/405-190) y. (Second) Improving Ridge Road from 21st Street North to 29th Street North - $1,080,000.00. (Less Bonds Previously Issued - 80,000.00) Financing issued at this time - $1,000,000.00. (706382/472-82735/405-192) z. (First) Improving Meridian from Maple to Central - $30,000.00. Financing issued at this time - $5,000.00. (706408/472-82740/405- 194) aa. (First) 1996 Railroad Program Phase 1 - $30,000.00. Financing issued at this time - $30,000.00. (706457/472-82762/405-199) bb. (First) Rock Road, south of 45th Street North - $100,000.00. Financing issued at this time - $100,000.00. (706465/472- 82700/405-200) cc. (First) Douglas Streetscapes - $3,700.00. Financing issued at this time - $3,700.00. (706473/472-82655/405-201) dd. (First) Broadway, Douglas to Central - $5,000.00. Financing issued at this time - $5,000.00. (706481/472-82181/405-202) ee. (First) Hillside, 27th to 37th Street North - $325,000.00. Financing issued at this time - $325,000.00. (706499/472- 82781/405-203) ff. (First) Tyler, 20th Street North, Design Only - $6,200.00. Financing issued at this time - $6,200.00. (706507/472-82788/405- 204) gg. (First) 29th Street North, Oliver to Woodlawn - $5,700.00. Financing issued at this time - $5,700.00. (706523/472-82787/405- 206) hh. (First) Central, Oliver to Woodlawn - $20,000.00. Financing issued at this time - $20,000.00. (706549/472-82786/405-208) ii. (First) West Street from Central to 13th Street - $500,000.00. Financing issued at this time - $500,000.00. (706564/472- 82782/405-210) jj. (Final) 1994 Railroad Crossings (Phase II) - $123,455.00. (Less financing previously issued - 95,000.00) Financing issued at this time - $28,455.00. (710152/472-82528/410-066) kk. (Second) Central Business District Signals - $150,000.00. (Less Bonds Previously Issued - 110,000.00) Financing issued at this time - $40,000.00. (710160/472-82637/410-067) ll. (First) 1995 Signals (21st Street - Maize) - $16,000.00. Financing issued at this time - $16,000.00. (710178/472-82651/410- 068) mm. (First) 119th Street and Binter Crosswalk - $6,400.00. Financing issued at this time - $6,400.00. (710186/472-82768/410-069) nn. (First) K-96 and Woodlawn Signalization - $75,000.00. Financing issued at this time - $75,000.00. (710194/472-82819/410-070) oo. (Third) John Mack Bridge - $1,287,000.00. (Less Bonds Previously Issued - 1,270,000.00) Financing issued at this time - $17,000.00. (715250/472-82375/415-039) pp. (Second) Pedestrian Bridge over the Arkansas River - $450,000.00. (Less Bonds Previously Issued - 35,000.00) Financing issued at this time - $415,000.00. (715375/472-82642/415-051) qq. (Third) The Maple/Lewis Bridge over the Arkansas River, Design - $390,000.00. (Less Bonds Previously Issued - 360,000.00) Financing issued at this time - $30,000.00. (715383/472-82658/415-052) rr. (Second) 37th Street Bridge at the Little Arkansas River - $15,000 (Less Bonds Previously Issued - $10,000.00) Financing issued at this time - $5,000.00. (715409/472-82436/415054) ss. (First) Maple-Lewis Bridge over the Arkansas River - $2,000,000.00. Financing issued at this time - $2,000,000.00. (7154433/82720/415-057) tt. (First) Murdock Bridge/Canal, Design - $2,000.00. Financing issued at this time - $2,000.00. (716441/472-82784/415-058) uu. (First) Murdock Bridge/LAR - $2,000.00. Financing issued at this time - $2,000.00. (715458/82785/415-059) vv. (First) 29th Street Bridge East and Oliver - $100,000.00. Financing issued at this time - $100,000.00. (715466/472- 82804/415-060) ww. (Final) East Bank Acquisition: 401 South Main - $200,000.00. (Less Bonds Previously Issued - $185,000.00) Financing issued at this time - $1,500.00. (791343/435-163) xx. (First) East Bank Water Walk - $3,000,000.00. Financing issued at this time - $3,000,000.00. (791467/435-170) yy. (First) Pawnee Prairie Park - $5,327.00. Financing issued at this time - $5,327.00. (785402//440-071) zz. (First) Pawnee Prairie Park Trail - $45,000.00. Financing issued at this time - $45,000.00. (785337//440-064) aaa. (First) Arkansas River Bikepath - $50,000.00. Financing issued at this time - $50,000.00. (785485//440-079) bbb. (Second) Improving Edgemoor Park (Parking Lot) - $200,000.00. (Less Bonds Previously Issued - 192,000.00) Financing issued at this time - $8,000.00. (785519/472-82671/440-082) ccc. (Second) Improving Naftzger Park Landscaping - $17,500.00. (Less Bonds Previously Issued - 11,500.00) Financing issued at this time - $6,000.00. (785527/472-82672/440-083) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 6 to 0. (Rogers absent) BOARD MINUTES MINUTES OF ADVISORY BOARDS. Commission on the Status of People With Disabilities, 4/30/97 CPO Southeast Council 3, 5/8/97 CPO Southwest Council 4, 5/8/97 CPO Northwest Council 5, 4/30/97 CPO North Central Council 6, 4/30/97 Metropolitan Area Planning Commission, 4/10/97 Sister Cities Advisory Board, 5/2/97 Wichita Airport Authority, 4/21/97 Wichita/Sedgwick County Alcohol & Drug Abuse Advisory Board, 4/13/97 Wichita/Sedgwick County Alcohol & Drug Abuse Advisory Board, 4/28/97 Wichita/Sedgwick County Board of Health Emergency Medical Services, 4/24/97 Wichita/Sedgwick County Emergency Communications Advisory Board, 4/17/97 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Rogers absent) STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. Agenda Report No. 97-424. In accordance with Special Event Procedures, event sponsors are to notify adjacent property owners and coordinate arrangements with Staff, subject to final approval by City Council. The following Special Event requests have been submitted: 1) Declaration of Interdependence Ceremony. Date of Event: May 21, 1997 Location: Horace Mann Magnet School, 1243 North Market Street Closures: Market Street, 11th to 12th Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Motion -- Knight moved that the request be approved subject to: (1) Event Sponsor notifying every property and/or business adjoining any portion of the closed street; (2) coordination of event arrangements with City Staff; (3) hiring off-duty public safety officers as required by the Police Department; (4) obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Departments; (5) submitting a certificate of insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with respect to the event's use of the closed City streets. Motion carried -- carried 6 to 0. (Rogers absent) BRADLEY FAIR SECOND DESIGN SERVICES FOR BRADLEY FAIR SECOND AND REFLECTION RIDGE SEVENTH ADDITIONS. REFLECTION RIDGE (District II & V) Agenda Report No. 97-425. The City Council approved the Bradley Fair Second Addition plat on May 21, 1996. The proposed Agreement between the City and Professional Engineering Consultants, P.A. (PEC) provides for the design of Storm Water Drain No. 119, and paving Bradley Fair Parkway and sidewalk (south of 21st, east of Webb). Since PEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Administrative Regulation 7a allows for the selection of PEC under these conditions. Payment will be on a lump sum basis not to exceed $70,000. The funding source is Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Rogers absent) ABERDEEN SECOND DESIGN SERVICES FOR ABERDEEN SECOND ADDITION. (District V) Agenda Report No. 97-426. The proposed Agreement between the City and Poe & Associates of Kansas, Inc. Provides for the design of Storm Water Drain No. 122; and paving Landon, Central Park, shefford, Chartwell, chartwell Circle, Central Park Courts, Ryan Circle, Ryan Court, Shefford Circle, shefford Court, and sidewalk (north of 21st, east of 119th Street West). Because Poe & Associates of Kansas, Inc. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $69,020 and will be paid by Special Assessments. Motion -- Knight moved that the agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Rogers absent) BUCKHEAD SECOND DESIGN SERVICES FOR BUCKHEAD SECOND ADDITION. (District V) Agenda Report No. 97-427 The City Council approved the Buckhead Second Addition plat on April 15, 1997. The proposed Agreement between the City and Baughman Company, P.A. provides for the design of Lateral 4, Main 18, Southwest Interceptor Sewer; Storm Water Sewer No. 483, Water Distribution System Number 448 89139; and paving Hickory, Cedar Downs Circle, and Kenny Circle (north of Central, west of 119th Street West). Because Baughman Company, P.A. provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $48,400 and will be paid by Special Assessments. Motion -- Knight moved that the agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Rogers absent) SANITARY SEWER DESIGN SERVICES FOR SANITARY SEWER IMPROVEMENTS TO SERVE GREENWICH BUSINESS PARK, MANHATTAN ADDITION, KENSINGTON GARDENS, REGENCY LAKES ADDITION AND REGENCY LAKES SECOND ADDITION. (District II) Agenda Report No. 97-428 The City Council approved sanitary sewer projects to serve the new Warren Theater Complex on March 25, 1997 and April 15, 1997. The proposed Agreement between the City and Mid-Kansas Engineering Consultants, Inc. (MKEC) provides for the design of Lateral 136, War Industries Sewer; Lift Station and Force Main for Lateral 136, War Industries Sewer; and Lateral 139, War Industries Sewer (north of 21st Street North, west of Greenwich). Because MKEC provided subdivision engineering services for this addition, it can expedite construction plan preparation. Payment will be on a lump sum basis not to exceed $34,163 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Rogers absent) TRAFFIC SIGNAL TRAFFIC SIGNAL INSTALLATION AT THE SOUTHBOUND AND NORTHBOUND I-235 RAMP INTERSECTIONS AT K-42. (Districts IV and V) Agenda Report No. 97-429 The Kansas Department of Transportation (KDOT) intends to install traffic signals and turn lanes at the southbound and northbound I-235 ramp intersections at K-42 Highway. KDOT intends to take bids on this project in September and begin construction in the fall of 1997 or spring of 1998. Because the work is located within the city limits of Wichita, KDOT has submitted an Agreement wherein the City authorizes the work to be done. The Agreement authorizes the work to be done within the city limits. Although the Agreement states that City streets can be used for detouring traffic, KDOT will not detour traffic onto the local street system. KDOT contemplates that only one lane of traffic in either direction will be closed at any time and that possibly the work may be done during off peak traffic periods. There is no cost to the City associated with this Agreement. Motion -- Knight moved that the agreement be approved and the Mayor be authorized to sign; -- carried and the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-97-139 A Resolution relating to benefits obtainable by cities under the Federal and State Aid Program, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. CDBG SENIOR SVCS. CDBG - SENIOR SERVICES OF WICHITA, INC. Agenda Report No. 97-430 On May 18, 1993, the City Council allocated Community Development Block Grant (CDBG) funds of $200,000 to Senior Services of Wichita, Inc., for a Northeast Senior Center. Subsequently, UBI Financial Services and Mennonite Housing Rehabilitation Services executed an agreement with the City of Wichita to develop a portion of the 21st and Grove area as affordable Senior Housing and Senior Center. The previously approved CDBG funds were obligated by the City as part of the cost for the Senior Center. The contract provides for purchase of a thirty (30) year leasehold interest by Senior Services from 21st Street Senior Residences, L.C., for property to be occupied and used by Senior Services as a Senior Center. Purchase of the property requires an appraisal to substantiate the purchase price. The appraisal cost will be paid by CDBG funds. The contract amount with Senior Services is $200,000. Motion -- Knight moved that the contract be approved and the Mayor be authorized to sign. -- carried Motion carried 6 to 0. (Rogers absent) LANDFILL SITE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT GRANT TO CITY OF WICHITA FOR REPAIR OF ABANDONED LANDFILL SITE 2600 WEST 21ST STREET NORTH. (District V) Agenda Report No. 97-431. On June 11, 1996 the City Council approved total funding of $244,200 for repair and improvement of drainage off a closed landfill owned by the city of Wichita at 2600 W. 21st Street North (southwest corner of 21st and Meridian). The action additionally approved a contract with the Kansas Department of Health and Environment (KDHE) providing a $100,000 grant to assist in the cost of the repairs. Costs for ground water tests incurred in 1996 amounted to $2,545, and the balance of funding to be spent in 1997 is $241,550. Additional funding by the KDHE has been approved in the amount of $63,000. Additional funding is needed for higher than expected costs of repairing the landfill, i.e. sand, topsoil, equipment charges. The local share of funding the repair costs from the Environmental Trust Fund will remain $144,200. The revised total funding of the repairs and drainage improvements will be $307,200. Motion -- Knight moved that the funding in the amount of $63,000 from additional KDHE grant funding be approved and the necessary budget adjustments be authorized. Motion -- carried carried 6 to 0. (Rogers absent) 2603 NORTH BULLINGER PROPERTY DISPOSITION - SALE OF 2603 NORTH BULLINGER. Agenda Report No. 97-432 2603 N. Bullinger is a city owned unit. The unit was rehabilitated as one of the houses from the McLean Boulevard widening and is being sold to a Hispanic family. The Bullinger property is 1,435 square feet, three bedroom, two bathroom home with living room, dining room and kitchen. The property is selling for the price of $64,000. Funds invested in this home are $19,737 for moving, foundation, and exterior work. The bid to finish the rehabilitation of the house if $35,962. The property has been appraised by a certified appraiser for $65,000. 2603 N. Bullinger is legally described as Lot 4 Northridge Addition, City of wichita, Sedgwick County, Kansas. Motion -- Knight moved that the sale be approved and the Mayor be authorized to sign the Corporation Warranty Deeds and Lien Affidavit and Agreements. Motion carried 7 -- carried to 0. PROPERTY ACQUISITIONS 4270 WHITNEY LANE, PLANEVIEW ACTION PLAN. (District III) Agenda Report No. 97-433 After the Gould Evans Associates Planeview Neighborhood Redevelopment Strategy was completed several property owners and residents on Whitney Lane and Stearman Court showed high interest in redeveloping these areas. The end result of staff and resident meetings was the Planeview Action Plan. On November 21, 1995 the City Council approved the Planeview Action Plan as a guide to the needed improvements for the Whitney Lane and Stearman Court demonstration areas. Plans have been completed and bids let for the construction of new water and sewer lines. Construction of parking areas and sidewalks are nearly completed with new plans to create a park on the land the City has already purchased along with street and drainage right-of-way. Staff has reviewed the proposed park plan and to enlarge the proposed park and eliminate the possibility of future unwanted development proposes the purchase of Tract #9, a vacant lot. Tract #9, a vacant lot, is located at 4270 E. Whitney Lane (Lot 57, Block O, Planeview Subdivision No. 1) and is owned by Robert and Bernice Dove. The property has approximately 6,600 sq. ft. of land with no improvements. There are no tenants to relocate under the Federal Relocation Assistance Program. The 4270 E. Whitney Lane property was appraised at $1,900 and the review appraiser concurred with this value. The owner has countered at $2,000.00 and staff recommends approval of the sale. The City has available funds allocated to the Planeview area improvements with use of CDBG funds for acquisition and relocation of tenants. Anticipated costs of $2,500 for acquisition of the property include: $2,000.00 and $500.00 for closing, title insurance, etc. There will be no federal relocation or demolition funds necessary for the acquisition of this tract. Motion -- Knight moved that the Budget be approved, the Real Estate Purchase Contract be approved and the Mayor be authorized to sign the necessary documents. Motion -- carried carried 6 to 0. (Rogers absent) PORTION OF PROPERTY LOCATED AT 307 SOUTH SENECA FOR THE MAPLE AND SENECA IMPROVEMENT PROJECT. (District VI) Agenda Report No. 97-434 The Maple and Seneca Improvement Project, approved by Council on August 20, 1996 requires the acquisition of twenty-two (22) partial takes. One of these tracts is Tract #19 which is owned by Marilyn J. Patry and is more fully described on the tract map and legal description. The subject tract contains approximately 500 square feet and is improved with a fourplex. The taking will not impact the improvements. A formal appraisal of the property was not performed; however, a value of $1,000 for the site was established based on market comparables and appraised values of other tracts in the project. The owner has agreed to sell the property for the indicated price. The Budget of $1,050 includes $1,000 for the acquisition, and $50 for closing costs. This is the first tract acquired for the project. After the purchase of this property, twenty-one (21) will remain to be acquired through either negotiation or eminent domain. The Law department has approved the contracts as to form. Motion -- Knight moved that the Budget be approved, the Real Estate Purchase Contract be approved and the Mayor be authorized to sign the necessary documents. Motion -- carried carried 6 to 0. (Rogers absent) PERMANENT EASEMENT FOR THE NORTHWEST WATER TRANSMISSION, PHASE TWO. (District V and VI) Agenda Report No. 97-435. The Northwest Water Transmission Project, approved by Council on July 18, 1995 requires the acquisition of fifty-three easements along the Northeast side of the Missouri Pacific Railroad which runs along Zoo Boulevard from ninth street to Interstate 235. The easements needed are located in the right of way easement granted to the railroad. The adjacent owners have a reversionary right to the right of way if it is ever abandoned. To perfect title, easements are required from the adjacent owners. The owners of three of these tracts (Tract #22a, #23, and #36) have signed and returned the easement forms. The properties are more accurately described in the tract maps and legal descriptions. The owners were offered $100 for each easement as the estimated market value of the reversionary easement is minimal. Because they were zoned for commercial use Tracts #22a and #23 were offered $250. This is the only railroad line that directly serves the Hutchinson area; therefore, the probability of the abandonment of the right of way is minimal. These property owners have agreed to convey the easement to the City of Wichita for the offered amount. The Budget of $650 includes $600 for the acquisition, and $50 for filing fees. Eighteen tracts have already been acquired. After the purchase of these easements, 33 will remain to be acquired through either negotiation or eminent domain. Motion -- Knight moved that the Budget be approved, the Real Estate Purchase Contract be approved and the Mayor be authorized to sign the necessary documents. Motion -- carried carried 6 to 0. (Rogers absent) FINANCIAL REPORT MONTHLY FINANCIAL REPORT FOR PERIOD ENDING APRIL 30, 1997. Motion -- carried Knight moved that the Report be received and filed. Motion carried 6 to 0. (Rogers absent) GRAPHICS/SIGNAGE CONTRACT FOR GRAPHICS/SIGNAGE PROGRAM. Agenda Report No. 97-436. The CIP Core Area Program includes a Wayfinding Graphics and Signage Project. This project creates a signage system downtown that directs the public to significant attractions and destinations, and identifies public and private parking. In addition, the system will include the design of public civic signage as well as pedestrian related signage and graphics elements. The need for such a program was contained in the 1989 RTKL downtown study and report which stated: "A street - landscaping and graphics - signage program is recommended to beautify the area and inform and direct people to downtown activities and parking." "Gateways into the core area should be reinforced with special signage, graphics, lighting...." "A comprehensive directional signage program should be provided for major public and private parking facilities and to aid motorists traveling to these facilities." "Articulate the four downtown districts..." "Develop and implement programs for signage, environmental graphics, streetscape improvements and landscaping that project a district identity for the core area." "A sign system should be developed throughout the downtown area to help simplify and clarify the provision of public and private information." Momentum for the Wayfinding project is an outgrowth of early efforts of the former Downtown Business Association's Parking Subcommittee to find means to identify downtown parking and attractions and also to aid citizens and visitors in finding these facilities. Interest in the project has grown and it is strongly supported by the Downtown Wichita Association and those in the downtown business community. Due to the high visibility of this project to the community it was determined early that the project demanded more than simply additional typical signs, and that the solutions needed to be innovative and incorporate high quality graphic design if the program was to be successful. Also, the importance of securing the services of a leading graphic design consultant was of paramount importance. Research by staff resulted in a list of graphic design and multi discipline professional firms who demonstrated high quality wayfinding or related expertise. The City prepared a RFP and sought the best local and national firms to respond to the RFP. In addition, a unique consultant selection panel was formed with four City staff members with art or design backgrounds, and six members from the community in graphic design, marketing, art and architecture fields, and a representative from the Downtown Wichita Association, PAAB, and CART. At an initial meeting, the selection panel reviewed all proposals received and determined a list of firms to be interviewed, and interviews were subsequently held on May 6, 1997. The panel's recommended firm, Hunt Design Associates of Pasadena, California. The panel unanimously concluded that this firm demonstrated a good understanding of wayfinding principles, creative design talent, sensitivity for Wichita's desire to enhance the downtown's image through this project. It is interesting to note that the selection panel grew to be so committed to the success of this highly visible project that they requested they be allowed to work with the City and Wayne Hunt throughout the establishment of the design direction of the project. The total project cost as stated in the 1996-2005 Core Area CIP is $470,000 (CIP # CA-9602) which will be paid by General Obligation Bonds. Of this amount, the consultant fees for programming, design, and contract (bid) documents for the wayfinding graphics and signage project are $101,950. In addition, maximum for reimbursable expenses of $6,500 and $5,000 for travel expenses will be included in the contract. Although originally proposed as lump sum fees, services for the Bidding Phase at $2,000 and Contract Administration Phase at $11,550 have been negotiated to be on an hourly rate basis with a maximum of the proposed lump sum fee amounts. Services during these phases will be performed only as requested by the City. The total potential maximum fee and reimbursable is $127,500. Motion -- Knight moved that the project be approved, the Resolution be adopted, the Consultant and agreement be approved, and the Mayor be authorized to sign the -- carried Agreement. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-97-137 A Resolution authorizing the issuance of bonds by the City of wichita at large for public improvements to design and construct core area wayfinding graphics/signage system, CIP Project No. CA-9602, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. (Item No. 30) EATON HOTEL CONTRACTS FOR ARCHITECT AND STRUCTURAL ENGINEER - EATON HOTEL. Agenda Report No. 97-437. The City acquired the Eaton Hotel and associated property primarily for the purpose of maintaining singular ownership to secure a qualified developer to rehabilitate the historic Douglas Street block and hotel structure. A development prospectus to solicit proposals is being prepared; important to this solicitation is the need for architectural and structural evaluations of the condition and deficiencies of the buildings. Before qualified developers can be attracted to this property, this information will be required. Once completed, a Request for Proposals will be prepared and distributed to known developers having an interest in historic properties. The Eaton Hotel is listed on the local, state and national registers; the buildings on the south side of the 500 block of East Douglas are listed on the Register of Historic Kansas Places and are part of the larger local Douglas Historic District. To facilitate these studies as quickly as possible, the City developed an RFP and contacted several architectural and engineering firms known to have experience with historic structures. The intent is to secure the services of an architectural firm that will include mechanical and electrical engineering sub-consultants, to evaluate and report on buildings with the Eaton block (bounded by Douglas, St. Francis, William, and Emporia); and to contract separately with a structural engineering firm to evaluate and report on the Eaton Hotel and associated buildings. A tour of the buildings was conducted for prospective consultants on Friday, May 9; their proposals were received on Monday, May 12, 1997. Interviews were held on May 14 with all firms that responded to the RFP and submitted a proposal. The architectural firm of Randal Steiner, AIS, and the structural engineering firm of Dudley Williams and Associates, P.A. were selected by the panel. The architect's fee, including mechanical and electrical services, is $24,000 plus reimbursables at a maximum of $2,500. The structural engineer's fee is on an hourly not-to-exceed of $39,500 for the analysis and report and an hourly not-to-exceed $10,000 for the design and construction drawings of structural corrections that will be required, plus reimbursable at a maximum of $1,000. Funds for the project will be from the General Fund Appropriated Reserves. The total fees and reimbursables for both consultants is $77,000. Council Member Lambke Council Member Lambke spoke in opposition to the Item and of concern that the Eaton Hotel would be a bottomless pit of expenditures. The only money that should be spent in the future would be for advertising the property for sale. Council Member Cole Council Member Cole said the property was assessed and it was the City Council's position that the goal would be to turn the property over to a responsible person for development; and, if that is done, the City will realize tax dollars. All development in the future will require this kind of assessment. Mayor Knight Mayor Knight said he would have to vote against the Item as the City has a full plate of this kind of projects. The City should not have become involved in this project from the beginning. Motion -- Lambke moved that the Item not be approved. Subst. Motion -- Cole moved a substitute motion that the funding be approved, and the retention of consultants to prepare the structural evaluations and architectural work required; and the Mayor be authorized to sign the necessary contracts. -- carried Substitute motion carried 4 to 2. Lambke, Knight - No. (Rogers absent) ADDENDUM ITEM 30a ENCROACHMENT AGREEMENT AGREEMENT REGARDING BUILDING AND WALL ENCROACHMENTS - 130 NORTH MARKET. (District VI) Agenda Report No. 97-445. In connection with a proposed sale of the old Emprise Bank Building at 130 N. Market a survey found that a portion of the building and a wall along the front of the property encroach into the City's street right-of-way for Market Street. The encroachments are all approximately 2 feet or less. The property holds a minor street permit for decorative paving in the sidewalk area. In order for the owner of the building to pass good title it is necessary to resolve the uncertainty presented by the encroachments. The owner asked that the City sign an agreement in which the City promises to allow the encroachments to continue so long as the building and the wall remain standing. The minor encroachments are common in the core area where almost all buildings were constructed right up to the property line. The encroachments do not present a maintenance problem with respect to Market Street or other public improvements or utilities. The consent to the encroachments will be part of the existing minor street permit which, because it is for aesthetic purposes, does not require any annual fee to be paid by the owner. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) UTILITY REVENUE BONDS WATER AND SEWER SYSTEM UTILITY REVENUE BONDS, SERIES 1997. Agenda Report No. 97-438. The City previously adopted resolutions authorizing various Water and Sewer System improvements and the issuance of revenue bonds in the aggregate principal amount not to exceed $65 million. Notices of the Council's intent to carry out the improvements and issue the revenue bonds have been published in the City's official newspaper. The Water and Sewer Department wishes to proceed with the sale of revenue bonds at this time in order to permanently finance a portion of project costs incurred to date. The Water and Sewer Department has been drawing down cash reserves, in anticipation of the issuance of revenue bonds, in order to fund the costs of improvement projects that were previously authorized for bond financing. The Department now estimates that it will require new bond proceeds not later than July, 1997, in order to continue funding capital improvement costs for the balance of 1997 and 1998. The proceeds from the bond sale will reimburse prior cash reserve expenditures and will provide funding for on-going expenditures for those capital projects authorized by resolution. The Finance Department recommends the public sale of the Series 1997 Water and Sewer system Utility Revenue bonds, in the principal amount of $64,930,000, at 10:30 a.m. on June 17, 1997. Sealed bids will be opened at this time and the City Council will subsequently aware the sale of the bonds to the bidder whose proposed interest rates result in the lowest overall cost to the City. The bonds will mature over a 20-year period, callable after seven years, and will be insured as to the payment of principal and interest by Financial Guaranty Insurance Company. The debt service payments associated with the bonds will be funded entirely from net revenues derived from operations of the City's Water and Sewer Utility. Motion -- Knight moved that the Resolution be adopted, and Staff be authorized to publish and distribute the Notice of Bond Sale, June 17, 1997, at 10:30 a.m. Motion -- carried carried 6 to 0. (Rogers absent) RESOLUTION NO. R-97-138 A Resolution of the City of Wichita, Kansas, authorizing and providing for a public sale of water and sewer system utility revenue bonds, upon the expiration of the statutory protest period after the publication of the notice of intent therefor, and providing for the giving of notice of such public sale, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. CONDEMNATION REPAIR OR REMOVAL OF DANGEROUS & UNSAFE STRUCTURES. Agenda Report No. 97-439. These structures have defects that under Ordinance No. 28- 251 of the code of the City of Wichita, shall cause them to be deemed as dangerous and unsafe buildings, as required by State Statute for condemnation and consideration: 1) 314 N. Piatt (Dist. 1) 2) 437 N. Piatt (Dist. 1) 3) 1234 S. Washington (Dist. 3) 4) 1223 N. Poplar (Dist. 1) 5) 1607 N. Hillside (Dist. 1) 6) 2644 N. Estelle (Dist. 1) 7) 1000 S. Martinson (Dist. 6) Motion -- Knight moved that the Resolutions placing this matter on the Agenda for a Hearing before the governing body on July 15, 1997, at 11:00 a.m., be adopted. Motion -- carried carried 6 to 0. (Rogers absent) RESOLUTION NO. R-97-128 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lot 1, block 1, Hampton Addition to Wichita, Sedgwick County, Kansas, known as 314 North Piatt, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-129 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 15 and 17 on Piatt Avenue, Butler and Fisher's Second Addition to Wichita, Sedgwick County, Kansas, known as 437 North Piatt in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-130 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 38 and 40 on Washington Avenue, in Lincoln Street Addition to Wichita, Sedgwick County, Kansas, except therefrom a tract of land for highway purposes described as follows: Beginning at the southwest corner of said lot 40, on Washington Avenue in Lincoln Street Addition; thence north to the northwest corner of lot 38 on Washington Avenue in said addition; thence east seven and seventy-one hundredths (7.72) feet; thence south to a point seven and seventy-one hundredths (7.71) feet east of the southwest corner of said lot 40; thence west to the point of beginning, known as 1234 South Washington in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-131 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 5 and 7, Hillside Avenue, Woodridge Place Addition to Wichita, Sedgwick County, Kansas, known as 1607 North Hillside in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-132 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lot 5, Block 9, Ridgecrest Addition to Wichita, Sedgwick County, Kansas, known as 2644 North Estelle in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-133 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: the south 100 feet of Lots 10, 11, and 12, block 1, Mary McCormick's Second Addition to Wichita, Sedgwick County, Kansas, known as 1000 South Martinson in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. RESOLUTION NO. R-97-134 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 77 and 79, Mona now Poplar, Fairmount Park Addition to Wichita, Sedgwick County, Kansas, known as 1223 North Poplar in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. ORDINANCES SECOND READING ORDINANCES. (First read May 13, 1997) a. Special Assessment - Structure Removal. ORDINANCE NO. 43-487 An Ordinance making a Special Assessment to pay for the removal of certain structures, being dangerous and unsafe buildings which have been declared a nuisance under the provision of Sections 18.16.010 to 18.16.090 of the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. b. Zoning Z-3175 - Camp Hiawatha Addition. (District VI) ORDINANCE NO. 43-488 An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. Z-3175 c. Street Name Change (Fox Pointe Addition). (District II) ORDINANCE NO. 43-489 An Ordinance approving the street name for Bent Tree Circle and Bent Tree Court to Fox Pointe Circle and Fox Pointe Court, respectively, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. d. Annexation A 97-13 (South of 61st North between Meridian and Seneca). (District VI) ORDINANCE NO. 43-490 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 6 to 0. (Rogers absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Knight. A-97-13 PLANNING AGENDA Bill Stockwell Chief Planner stated that Items 36 through 38 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 36 through 38 be approved as consensus -- carried Items. Motion carried 6 to 0. (Rogers absent) V-2026 Public Hearing - V-2026 - Request to Vacate a Sewer Easement Located in an Area North of 55th Street South and East of Seneca. (District IV) Agenda Report No. 97-440. The applicant requested vacation of a utility easement in order to clear title to the property. The dwelling on the site was constructed over the original utility easement, but the utilities which serve the site were located within an easement which was dedicated by separate instrument when the home was constructed. City Engineering and the utility companies have indicated that the vacation is acceptable. Bill Stockwell Chief Planner reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Gale moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 6 to 0. (Rogers absent) V-2028 Public Hearing - V-2028 - Request to Vacate a Utility Easement Located in an Area East of Tyler and South of 29th Street North. (District V) Agenda Report No. 97-441. The applicant is requesting the vacation of two utility easements in order to allow for the development of 14 lots into 12 building sites to accommodate larger homes. City Engineering and the utility companies have indicated that the vacation is acceptable. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. No members of the public addressed the MAPC in opposition to this request. Biill Stockwell Chief reviewed the Item for the City Council. The notice of hearing was published twice and no written protest had been filed. Mayor Knight Mayor Knight inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Ferris moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 6 to 0. (Rogers absent) Z-3225 Z-3225 - ZONE CHANGE FROM "SF-6" SINGLE-FAMILY RESIDENTIAL TO "LI" LIMITED (Item No. 36) INDUSTRIAL, LOCATED NORTH OF PAWNEE, EAST OF HOOVER (2152 SOUTH HOOVER ROAD). (District V) Agenda Report No. 97-442. The request is being made in order to establish an automotive repair business. The applicants' residence is located on the site, with the balance of the 7.47 acres undeveloped. The applicants have stated they intend to construct a commercial building on the southwest corner of the subject property for their automotive repair business. The Unified Zoning Code first permits "vehicle repair, general" in the "GC" General Commercial district, however zoning a site of this size would also require a Community Unit Plan overlay. The applicants chose to request "LI" in order to develop their automotive repair business without the additional expense of the CUP, and also based on the fact that the surrounding "LI" zoning is not restricted in a similar manner. The applicants have been advised that their residence will become a nonconforming use/structure if the rezoning is approved, and have indicated their understanding of the limits placed on the home in a nonconforming situation. The surrounding uses are predominately industrial in nature, with property to the north zoned "LI" with residential uses. South of the application area is S.B.K. Supply and Millwork and zoned "LI". The Wichita-Valley Center Floodway is located on property zoned "SF-6" to the east. Across Hoover to the west is property owned by the Wichita Airport Authority and zoned "SF-6". The property zoned "SF-6" to the east and west are restricted from developing with residential uses, with the Wichita Airport Authority property to the west having the potential to be rezoned to "LI" for any future expansion of the Mid-Continent Airport or other aviation-related uses. After limited discussion of this matter during the Planning Commission hearing, the MAPC voted (11-0) to approve the request as recommended by staff. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Planning Department be instructed to forward the Ordinance for first reading when the plat is forwarded to the City Council. Motion carried -- carried 6 to 0. (Rogers absent) S/D 96-27 S/D 96-27 - PLAT OF EXPLORATION PLACE ADDITION LOCATED BETWEEN MCLEAN BOULEVARD AND THE ARKANSAS RIVER NORTH OF 2ND STREET. Agenda Report No. 97-443. The Plat is for property owned by the City for Exploration Place. All required improvements are City projects, and all utility easements denoted during the platting process have been completed. Motion -- Knight moved that the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 6 to 0. (Rogers absent) A 97-11 A 97-11 - Request to Annex Property Adjoining the City of Wichita and Generally Located at the Southeast Corner of 45th Street North and Hydraulic - Philip R. Mills. (District VI) Agenda Report No. 97-444. Philip R. Mills requested his property be annexed into the City of Wichita. The tract of land is approximately 10.12 acres and is located at the southeast corner of 45th Street North and Hydraulic. The property is currently used for a church and school. The current zoning is SF-20 and LC. The zoning will convert to SF-6. the LC use will remain the same. Motion -- Knight moved that the annexation request be approved and the annexation -- carried Ordinance be placed on first reading. Motion carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto, introduced and under the rules laid over. A-97-11 EXECUTIVE SESSION Motion -- Knight moved that the Council recess and move to executive session at 11:00 a.m. to consider consultation with legal counsel on matters privileged in the attorney- client relationship relating to pending litigation, potential litigation, legal advice, contract negotiation, and preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed no sooner than in the City Council Chambers. Motion carried -- carried 6 to 0. (Rogers absent) RECESS Council recessed at 10:47 a.m. and reconvened in regular session at 12:35 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 12:35 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 163 MAY 20, 1997 Page 1