MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, April 23, 1996 Tuesday, 9:05 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cather, Cole, Ferris, Gale; present. Council Members *Kamen, Rogers; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Joe Wold, St. Paul's Lutheran Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of April 16, 1996, were -- approved approved 5 to 0. (Kamen, Rogers; absent) AWARDS AND PRESENTATIONS FRIENDSHIP FORCE The Friendship Force Group from Berlin, Germany, was recognized. *Council Member Kamen present. PROCLAMATIONS Mayor Knight presented the Proclamations previously approved. PUBLIC AGENDA COMMENTS BY FRANK LEO. Mr. Leo was not present. UNFINISHED BUSINESS MUNICIPAL COURT DOCUMENTS RELATED TO MUNICIPAL COURT OPERATIONS. Chris Cherches City Manager reviewed the Item. The following Items were considered on March 19, 1996, and subsequently deferred from the April 2, 1996, Council Meeting, and on April 9, 1996, were deferred at the request of attorneys Frank Ojile and Jack Focht: Organizational Structure of Municipal Court: Based upon the recommendations of the Municipal Court Task Force, the Law department has prepared a charter ordinance and simple ordinance for Council consideration. The charter and simple ordinances revise the reporting structure and reflect the powers and duties of the judges and the reporting line of the Court Administrator to the City Manager for administrative matters, to the Administrative Judge for policy directions of the Municipal Court, and for providing services to the judges. The charter ordinance also directs the Municipal Court Judges to communicate with the City Council, on a regular basis (quarterly), the activities of the court and to also provide regular (quarterly) written reports. The recommended action is to approve the simple and charter ordinance provisions described above. Judicial Selection and Compensation: The Municipal Court Task Force made several recommendations relating to judicial selection and compensation. One ordinance, relating to modifications to the compensation schedule, was approved with the adoption of the December 1995, annual salary ordinance. The charter ordinance presented for consideration includes provisions to modify: the selection process for judges (three appointments by the City Council and two appointments by the Bar Association to the selection committee); and authorize participation by the Municipal Court Judges in political activity (same guidelines that govern political activity by City employees would apply to judges). The recommended action is to approve the charter ordinance provisions as outlined above. Bill Cather Bill Cather said improvements are being made to Municipal Court operations, including staff additions, and personnel changes, and time should be given to see the results. A three to six month deferral is recommended. Motion -- Cather moved that this matter be deferred six months. Council Member Cole Council Member Cole expressed concern regarding the needed improvement in communications between the City Council and the Municipal Court. Council Member Cather Council Member Cather said he had been receiving reports from Judge Gorup and letters from Judge Flaigle. Communication is being done on a more regular basis. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Harold Flaigle Municipal Court Administrative Judge said the recent personnel changes have made the atmosphere more relaxed and asked that there be no action taken on the ordinances at this time. Judge Flaigle said the Acting Municipal Court Administrator (Roger Clark) had prepared drafts for reports which should be ready the first week in July. The reports should be completed on a quarterly basis thereafter. -- carried Motion carried 6 to 0. (Rogers absent) NEW BUSINESS COMMERCIAL DEVELOPMENT FAR WEST SIDE COMMERCIAL DEVELOPMENT POLICY. Council Member Ferris Council Member Ferris reviewed the Item. Agenda Report No. 96-333. On January 23, 1996, the City Council called for the Metropolitan Area Planning Commission to consider possible amendments to the Comprehensive Plan regarding the rapidly urbanizing area west of Maize Road. A group of residents notified of a proposed rezoning of land at the southwest corner of Maple and 135th Street West had not only opposed that rezoning, but also questioned the need for any commercial development west of Maize Road. The current policies in the adopted Comprehensive Plan call for limiting the location of larger- scale buildings and uses serving larger populations to some specific areas. But the plan indicates that local-serving commercial development is appropriate at any of the intersections of the mile-line arterial road system. The City Council's request to the MAPC was to revisit the existing policy, including consideration of the residents' suggestions for a "commercial-free zone". The City Council also recognized that most of the undeveloped land in this area was still unincorporated and under the jurisdiction of the Sedgwick County Commission. If any changes in policy were going to be implemented, it would require the cooperation of both governing bodies. Since the MAPC members are appointed by both governing bodies, their recommendations on this issue would be sent to both governing bodies for final consideration. Planning staff organized a workshop on March 12 with a group of about 30 people representing a variety of interests, including residents and landowners from inside and outside the city, developers, business interests, and representatives of the MAPC and the City's citizen participation board for this Council district (CPO 5). The purpose of the workshop was to clarify the issues and the goals held by different groups about future development in this area, and to identify any areas of consensus. A wide spectrum of opinions was aired at this meeting. But staff felt there was a consensus of the participants to permit some commercial development in this area, with additional guidelines to assure more predictability on the scale of commercial development at different intersections, and higher standards of appearance for these developments. Staff then prepared a report and sent it to the MAPC and CPO members. The report described current land uses and zoning in this area, projected future population growth and its attendant need for commercial services, reviewed the pattern of commercial development in west Wichita and compared it to the pattern in Johnson County, and considered the possible impacts of a "commercial-free zone" on surrounding areas. The staff report rejected the idea of a commercial-free zone, but offered a "menu" of options for more controlled commercial development in this area. The MAPC and CPO 5 then jointly hosted a public hearing on the subject of commercial development west of Maize Road. The hearing was conducted at the auditorium of the Sedgwick County Zoo on the evening of March 25. About 100 people attended the hearing. After the Planning Director summarized the staff report, the boards took public comments from 9 individuals. The two boards then discussed the issue at their regular meetings later that week, and voted on recommendations. CPO 5 approved a motion generally calling for commercial developments to be more aesthetically appealing and blend in more with surrounding residential areas. The MAPC voted to recommend "no change" in the adopted Comprehensive Plan. They indicated that they were opposed to the idea of a "commercial-free zone," and that while the staff may have had some good suggestions, the consequences of adopting any changes were too far-reaching to be considered so abruptly. The area west of Maize Road to Colwich Road between Kellogg and 21st Street North, unlike other urbanizing areas at the edge of Wichita, has a number of arterial intersections which were not "pre-set" with 4-corner commercial zoning by the County in 1958, for what was then a 3-mile ring around the City. The pattern of development along 119th Street West, the first street west of the 1958 zoning ring, has very little area developed or available for commercial development, in comparison with most of the city's arterial streets. Some residents and developers contend that this difference is largely responsible for the strong housing demand in this area. The staff report acknowledges that some current residents express a willingness to drive outside this area for all of their commercial needs, but concludes that the idea of a large area housing 24,000 people in the future with no local- serving businesses would be a mistake. It would add traffic to east-west streets within the area, and add traffic and development pressures in established neighborhoods to the east. On the other hand, staff concurs with the concerns expressed by the residents that the current policies do not give them much sense of how much commercial development to expect at any intersection, or much comfort that it will be complimentary to the residential character of the area. The Comprehensive Plan makes some general statements in this regard, but they are very general. It seems reasonable to provide some more specific guidelines for this particular area, which does not have the typical zoning "pre-sets"-- to encourage commercial development which is more attractive and more genuinely serves the needs of the locality; which is more like the "planned communities" in many larger metropolitan areas. These guidelines should also lead to fewer misunderstandings and conflicts in the future on how this area should develop. Based on the feedback from the March workshop and public hearing, and the discussion at the MAPC and CPO meetings, staff would recommend the following policy guidelines be adopted as a part of the Comprehensive Plan to guide commercial development in this specific geographic area: 1. The scale of development at the 9 intersections of Maple, Central, and 13th Street North with 119th, 135th, and 151st Streets West should be limited as follows: a. If an intersection is 1 mile (driving distance) from another of the 9 intersections, or from an intersection along Maize Road, which has 24 acres or more zoned for commercial uses, it should be limited to a maximum of 4 acres at any corner and 8 acres total for all 4 corners. b. If an intersection is 2 miles or more (driving distance) from another of the 9 intersections, or from an intersection along Maize Road, which has 24 acres or more zoned commercial, it should be limited to a maximum of 12 acres at any corner and 24 acres total for all 4 corners. c. Businesses at these intersections should generally be limited to no more than 8,000 square feet in size, with the exception of groceries and drugstores. (This would be business size, not building size.) 2. Commercial development is not appropriate at corners which have significant environmental features (e.g. wooded creek areas), and the appearance of commercial development should have the following characteristics: a. Freestanding signs which are low, small, and monument-style, and overall signage which is restrained in extent. b. Low-key lighting of buildings and parking areas. c. landscape area and plantings which generally exceed, and screening requirement which may exceed, the minimum standards in the city ordinance. d. architectural treatments which are internally consistent within the development, and are compatible with surrounding residential developments in terms of exterior colors and materials and roof forms. The Comprehensive Plan is one of a number of factors that the MAPC and governing bodies must take into account when considering applications for rezoning. However, the state statutes indicate that a rezoning request which complies with the comprehensive plan shall be "presumed to be reasonable." The MAPC has recommended "no change" to the Comprehensive Plan at this time regarding commercial development policy west of Maize Road. If the governing bodies are contemplating any changes to the Comprehensive Plan, then both bodies must override the MAPC recommendation and approve the change(s) by a 2/3 vote, or else send the issue back to the MAPC for reconsideration. Marvin Krout Director of Planning said the Comprehensive Plan is just a set of guidelines which are presumed to be reasonable. Developers can request something more or less than what is suggested by the Comprehensive Plan. Council Member Kamen Council Member Kamen said he would like Staff to work with the County to see whether recommendations could be developed for the area directly to the east of the Wichita city limits. The same recommendations might be used. Marvin Krout Director of Planning said dialogue would be continued with the MAPC for other areas around Wichita. Council Member Ferris Council Member Ferris stated that the current Transportation Plan does not show Maple, Central, or 13th Street, in the west Wichita area being discussed, as four-lane arterials. If there were to be a larger than 12-acre commercial development, the Transportation Plan would have to be modified. There needs to be some assurances as to what is involved with the Transportation Plan. Council Member Ferris also clarified that if there were a strip-center of four businesses, 32,000 square feet would be allowed. The 8,000 square feet allowed is per business. Twenty-first Street, Maize Road, Kellogg, and 167th Street West are not included as part of the intersections. These are considered "major" roads and may have greater development. Council Member Cole Council Member Cole said this gives an opportunity to do things a little differently and concurred that signs, design, and things of this type are not discussed to a great degree in the current Comprehensive Plan. Disappointment is in that there is not a broader consideration than the two or three zoning cases the Council has been struggling with. There has been no direction from the Planning Commission which means the Council has to go ahead and decide what is to be done without MAPC recommendation. Motion -- Ferris moved that for the area in west Wichita bounded by 21st Street on the north, Maize Road on the east, 167th Street on the west, and Kellogg on the South, the scale of development at the 9 intersections of Maple, Central, and 13th Street North with 119th, 135th, and 151st Streets West should be limited as follows: a. If an intersection is 1 mile (driving distance) from another of the 9 intersections, or from an intersection along Maize Road, which has 24 acres or more zoned for commercial uses, it should be limited to a maximum of 4 acres at any corner and 8 acres total for all 4 corners. b. If an intersection is 2 miles or more (driving distance) from another of the 9 intersections, or from an intersection along Maize Road, which has 24 acres or more zoned commercial, it should be limited to a maximum of 12 acres at any corner and 24 acres total for all 4 corners. c. Businesses at these intersections should generally be limited to no more than 8,000 square feet in size, with the exception of groceries and drugstores. (This would be business size, not building size.) 2. Commercial development is not appropriate at corners which have significant environmental features (e.g. wooded creek areas), and the appearance of commercial development should have the following characteristics: a. Freestanding signs which are low, small, and monument-style, and overall signage which is restrained in extent. b. Low-key lighting of buildings and parking areas. c. landscape area and plantings which generally exceed, and screening requirement which may exceed, the minimum standards in the city ordinance. d. architectural treatments which are internally consistent within the development, and are compatible with surrounding residential developments in terms of exterior colors and materials and roof forms. And; that this be adopted as an amendment to the Comprehensive Plan. -- carried Motion carried 6 to 0. (Rogers absent) CITY COUNCIL AGENDA WOOLWORTH PROPERTY SITE DISCUSSION OF ESTIMATED COST FOR LANDSCAPED PARKING AREA FOR SHORT-TERM PARKING - LANDSCAPED PARKING AREA WOOLWORTH PROPERTY SITE. (Requested by Council Member Kamen) Council Member Kamen Council Member Kamen said that when the Woolworth building was originally demolished, the plan was to establish a vest-pocket park which would be an entrance to the State Office Building. It is no longer possible to make this an entrance to the State Office Building. At the present time, it is the City's policy to establish a vest-pocket park at this location by using voluntary contributions. Council Member Kamen asked that information be provided regarding the cost to develop this area into a well- landscaped parking area rather than a vest-pocket park. This should be discussed during the Capital Improvement budget hearings. Council Member Cole Council Member Cole spoke in support of the current plan for a vest-pocket park which she said was never dedicated to the State Office Building but was to serve as an area of green along Douglas. The fact that the situation is different with the State Office Building does not negate the fact that this is the site for a vest-pocket park. Of significance is that the approval to demolish the Woolworth building was required from both the state and local Historic Preservation Boards and approval was based upon using the area as a park and the City agreeing to create a facade look. The Woolworth building block was the only intact block and the facade would take care of the concern with regard to creation of a hole. A commitment has been made and there are private fund raising efforts going on at present. Council Member Cole said she is involved in the fund raising and additional moneys are being sought for the park development. Also of concern is any kind of curb cut in the middle of the block with parking traffic going in and out. Chris Cherches City Manager said that because this area was in close proximity to a national and state historic building (Kress Building), the City Council had to create Findings before the building could be demolished. The Findings were based on the fact that the City would make a park and continue the block facing in the area to carry out the theme of the block. If the use is to be changed, the City would have to go back through the process. Council Member Kamen Council Member Kamen said he thought the facade could be retained whether the area is used for parking or for a park. Landscaping can also soften the effect of a parking area. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the City Manager provide the Council with necessary information including the cost of surfacing parking and the number of parking spaces that could be made available, the architectural drawings for the facade and screening, the process necessary with regard to historic preservation requirements, the cost of the planned park, how much has been donated (and by whom) toward the pocket park. The information should be provided on or before the CIP budget hearing time. Mayor Knight Mayor Knight said that if there is serious consideration to amending the present plans the public needs to be engaged before there is Council determination. -- carried Motion carried 6 to 0. (Rogers absent) TRAVEL AUTHORIZATION APPROVE TRAVEL EXPENSES FOR COUNCIL MEMBER COLE TO ATTEND MOUNTAIN PLAINS ADDENDUM ITEM 4a REGIONAL BOARD OF ADVISORS OF NATIONAL TRUST FOR HISTORIC PRESERVATION ON APRIL 25-28, 1996. Motion -- carried Knight moved that the travel expenses be authorized. Motion carried 6 to 0. (Rogers absent) ADDENDUM ITEM 4b APPROVE TRAVEL EXPENSES FOR VISITATION TO EVALUATE LABORATORY SCALE PLASMA TORCH FACILITY IN BUTTE, MONTANA. Motion -- carried Knight moved that this Item be deferred. Motion carried 6 to 0. (Rogers absent) APPOINTMENT APPOINTMENT TO COMMISSION ON THE STATUS OF PEOPLE WITH DISABILITIES. One appointment (Kamen) for a term expiring June 30, 1997. Motion -- carried Kamen moved that this Item be deferred two weeks. Motion carried 6 to 0. (Rogers absent) PROCLAMATION PROCLAMATION. -- Project Redirectory Month Motion -- carried Knight moved that the proclamation be authorized. Motion carried 6 to 0. (Rogers absent) CONSENT AGENDA Knight moved that the Consent Agenda, except Items 7 and 28a, 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 APRIL 22,1996. At 10:00 a.m., Friday, April 19, 1996, 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 4/22/96) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS 53rd Street South from the north line of Lot 1, Block 3, Robbins Farm 2nd Addition, to Midland Avenue; and Midland Circle from the north line of Lot 13, Block 3, to and including the cul-de-sac in Robbins Farm 2nd Addition (west of Broadway, north of 55th St. South). (472-82603/763441/490447) Does not affect existing traffic. (Council approval date 10-17- 95) (District IV) Cornejo & Sons - $153,422.50 (Alt #2) Water Distribution System (Phase I) to serve Belle Terre 2nd Addition (south of Central, east of 143rd Street East). (448-88947/733105/470388) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 08-29-95) (District V) Mies Construction Co., Inc. - $58,942.00 Water Distribution System to serve Comotara Power Center 2nd Addition (west of Rock, north of 29th N). (448- 89014/733113/470389) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-26-96) (District I) Wildcat Construction Company - $34,585.00 (Negotiated Engineer's Estimate) 48" Raw Waterline through the Little Arkansas River Floodway; Wichita-Valley Center Flood Control Project (east of Ridge Road, south of 85th St North). (448- 88927/632372/544550) Does not affect traffic. (Council approval date 12-12-95) (District --) WB Carter Construction Co., Inc. - $366,000.00 Bank Stabilization Repairs to the Wichita- Valley Center Flood Control Project: Little Arkansas River Floodway (north of the confluence with the Big Arkansas River and south of 77th Street North). (791335/435162) Does not affect existing traffic. (Council approval date 08-30-95) (District n/a) Bergkamp Construction - $694,960.00 (Engineer's Estimate) Sewer Response Plan - Phase IIb Rehabilitation. (468-82585/621300/533241) Traffic to be maintained through construction. (Council approval date 07-18- 95) (District all) Utility Maintenance - $157,685.00 (Negotiated Engineer's Estimate) 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) WATER & SEWER DEPARTMENT/WATER TREATMENT DIVISION: CHLORINE RESIDUAL ANALYZERS. (631986) AS PER SPECIFICATIONS Ray Lindsey Company - $10,166.00 WATER & SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: SLUDGE PUSHER TRAILERS. (632166) AS PER SPECIFICATIONS Jim Hawk Truck Trailers of Kansas, Inc. - $127,170.00 FIRE DEPARTMENT: FIREFIGHTERS PROTECTIVE COATS PANTS, SUSPENDERS, HELMETS, GLOVES AND HOODS. (070136) AS PER SPECIFICATIONS Group 1 - Danko Emergency Equipment Co. - $47,450.20 (Total Net Bid) Group 2 - Casco - $950.00 (Total Net Bid) Group 3 - Danko Emergency Equipment Co. - $3,360.00 (Total Net Bid) Group 4 - Danko Emergency Equipment Co. - $3,612.00 (Total Net Bid) Group 5 - Casco - $1,732.50 (Alternate Bid) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 6 to 0. (Rogers absent) (Item No. 7) 1996 Contract Maintenance Reclamite Seal of Residential Streets at various locations. (131540/112000) Traffic to be mintained during construciton. (Council approval date 01-23-96) (District all) Chris Cherches City Manager said there was only one bid on this Item and that he wanted to look into the matter. Motion -- Knight moved that this Item not be considered by the Council. Motion carried -- carried 6 to 0. (Rogers absent) LICENSE APPS. LICENSE APPLICATIONS. Adult Entertainment. Robert Floyd Kellogg Gift Shop, Inc. 6143 W. Kellogg dba Christies Toy Box Applications for Licenses to Retail Cereal Malt Beverages. Renewal 1996 (Consumption on Premises) Teresa J. Roll Pizza Hut #301046*333 E. 47th St. South Edith Boede Lil Mexico 1601 E. Pawnee *General Retailer--beer sales derive less than 50% of gross revenues. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Rogers absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Water Line along Meridian from Maple Street to Caroline, Martha from Meridian to St. Clair, and Third Street from Meridian to St. Clair. (448-88997/634428/544442) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District 4) 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., April 26, 1996. Motion carried 6 to 0. (Rogers absent) b. 1996 Contract Maintenance Asphalt Rehabilitation of Asphalt Streets at various locations. (132316/112000) Street closed during construction. (Council approval date 01-23-96) (District all) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 3, 1996. Motion carried 6 to 0. (Rogers absent) c. South Seneca Pump Station, Phase II. (468-82586/724252/420525) Does not affect existing traffic. (Council approval date 11-07-95) (District 4) 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 24, 1996. Motion carried 6 to 0. (Rogers absent) PLANS AND SPECS SUBDIVISION PLANS AND SPECIFICATIONS. a. Water Supply Line to serve Balthrop Addition (north of Central, east of Greenwich). (448- 89015/733121/470390) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-19-96) (District n/a) b. Water Distribution System to serve Balthrop Addition (north of Central, east of Greenwich). (448- 89016/733139/470391) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-19-96) (District n/a) c. Water Distribution System to serve Balthrop Addition (north of Central, east of Greenwich). (448- 89017/733147/470392) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 03-19-96) (District n/a) d. Water Supply Line to serve Hickory Creek Estates Addition (south of 13th, west of 119th Street West). (448-88980/733071/470385) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 04-30-96) (District 5) e. Lift Station and Force Main in connection with Laterals 1 and 2, Main 18, Southwest Interceptor Sewer to serve Hickory Creek Estates Addition (south of 13th, west of 119th Street West). (468-82561/742593/480351) Does not affect existing traffic. (Council approval date 04-30-96) (District 5) f. Main 18, Southwest Interceptor Sewer and Pump Station (#18) to serve an unplatted tract and Buckhead and Hickory Creek Estates Addition (south of 13th, west of 119th Street West). (468-82560/742585/480350) Does not affect existing traffic. (Council approval date 04-30-96) (District 5) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 3, 1996. Motion carried 6 to 0. (Rogers absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1996 Contract Maintenance Micro-Surface Seal of Arterial Asphalt Streets at various locations. (132274/112000) - $66,200.00. Traffic to be maintained during construction. (Council approval date 01-23-96) (District all) b. Sewer Response Plan - Collector Relief Sewer (Everett & Lydia, south to Bennett & Savannah). (468- 82583/632505/533321) - $344,290.00. Traffic to be maintained through construction. (Council approval date 07-18-96) (District IV) c. Sewer Response Plan - Phase IIa Rehabilitation. (468-82584/621292/533240) - $391,271.00. Traffic to be maintained through construction. (Council approval date 07-18-95) (District all) d. Sewer Response Plan - Phase IIb Rehabilitation. (468-82585/621300/533241) - $157,885.00. Traffic to be maintained through construction. (Council approval date 07-18-95) (District all) e. Water Line along Glenn from McCormick to north of Munnell, Munnell from Hiram to Glenn, Millwood from McCormick to north of Dayton, Dayton from Vim to Millwood, Elizabeth from McCormick to north of Dayton. (448- 88991/634295/544429) - $239,447.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 07-18-95) (District VI) f. Constructing Bank Stabilization Repairs to the Wichita-Valley Center Flood Control Project: Little Arkansas River Floodway (north of the confluence with the Big Arkansas River and south of 77th Street North). (791335)(435162) - $700,000.00. g. Hickory Creek from the north line of the plat to the south line of Lot 41, Block 2; Hickory Creek Court (Lots 4-18, Block 1) from the easterly line of Hickory Creek to and including the cul-de-sac; Hickory Creek Court (Lots 19-24, Block 1) from the south line of Hickory Creek to and including the cul-de-sac; Hickory Creek Court (Lots 1-9, Block 2) from the westerly line of Hickory Creek to and including the cul-de-sac; Hickory Creek Court (Lots 27-36, Block 2) from the west line of Hickory Creek to and including the cul-de-sac; Hickory Creek Court (Lots 37-40, Block 2) from the westerly line of Hickory Creek to and including the cul-de-sac; and Hickory Creek Court (Lots 1-9, Block 3) from the easterly line of Hickory Creek to and including the cul-de-sac; and Sidewalk along both sides of Hickory Creek or along one side of Hickory Creek and one walk around the entire lake in Reserve "A", Hickory Creek Estates Addition (south of 13th, west of 119th St. West). (472- 82676/763573/490460) - $637,500.00. Does not affect existing traffic. (Council approval date 01-23-96) (District V) Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Rogers absent) PETITIONS PAVING, SANITARY SEWER, AND WATER DISTRIBUTION SYSTEMS TO SERVICE PEMBROOK ADDITION (EAST OF OLIVER, SOUTH OF 29TH STREET NORTH). (District I) Agenda Report No. 96-334. The signature on the petitions represents 100% of the improvement districts. Pembrook Addition was platted in December 1993 as a single family neighborhood. The first phases of the development have been completed. The developer has submitted new petitions to reconfigure the balance of the area to accommodate the current lot sales rate. The projects total $621,150. The funding source is Special Assessments. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted. -- carried Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96- 149 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89028 (east of Oliver, south of 29th Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 150 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89029 (east of Oliver, south of 29th Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 151 Resolution of findings of advisability and Resolution authorizing construction of Lateral 70, Main 5, Sanitary Sewer No. 23 (east of Oliver, south of 29th Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 152 Resolution of findings of advisability and Resolution authorizing construction of Lateral 71, Main 5, Sanitary Sewer No. 23 (east of Oliver, south of 29th Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 153 Resolution of findings of advisability and Resolution authorizing improving of Battin, from the north line of Lot 22, block 1, Pembrook, to the south line of Lot 7, Block 2, Pembrook Second Addition; Battin Court, from the west line of Battin to and including the cul-de-sac, serving Lots 22 through 40, Block 1, Pembrook, and from the west line of Battin to and including the cul-de-sac, serving Lots 4 through 10, Block 1, Pembrook Second Addition; and sidewalk on the east side of Battin, Project No. 472-82705 (east of Oliver, south of 29th Street North)in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 154 Resolution of findings of advisability and Resolution authorizing improving of Pembrook from the north line of Lot 8, Block 1, to the west line of Lot 15, Block 2; Pembrook Court from the south line of Pembrook to and including cul-de- sac, serving Lots 8 through 18, Block 1; Pembrook Court from the south line of Pembrook to and including cul-de-sac, serving Lots 19 through 29, Block 2; and sidewalk on the south side of Pembrook, Project No. 472-82706 (east of Oliver, south of 29th Street North) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. WATER DISTRIBUTION SYSTEM TO SERVE PEPPERMINT PARK, AND LOT 1, BLOCK 5, MILES HIDDEN LAKES ESTATES ADDITION (EAST OF 119TH STREET WEST, NORTH OF KELLOGG). (District V) Agenda Report No. 96-335. On March 5, 1996, the City Council considered a petition to extend water service to Peppermint Park Addition and nine lots in Miles Hidden Lakes Estates Addition. The petition was signed by 2 of 10 owners in the improvement district. The City Council deferred action due to neighborhood opposition. On March 19, 1996, the petition was withdrawn. A new petition has been submitted that serves the one lot in Miles Hidden Lakes Estates Addition owned by a signer of the previous petition. Peppermint Park Addition is included in a petition submitted at the time of platting. The petitions total $11,500 with $8,500 assessed to Peppermint Park Addition and $3,000 to Lot 1, Block 5, Miles Hidden Lakes Addition. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96- 155 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-88945 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Wichita Airport Authority, 4/1/96 Wichita Commission on the Status of Women, 4/3/96 Wichita/Sedgwick County Emergency Communications Advisory Board, 3/21/96 Wichita/Sedgwick County Metropolitan Area Planning Commission, 3/14/96 Wichita/Sedgwick County Solid Waste Management Committee, 3/18/96 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Rogers absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES There were no street closures/uses considered. AGREEMENTS AGREEMENT FOR DESIGN SERVICES FOR FOX POINTE SECOND ADDITION. (District II) Agenda Report No. 96-336. The City Council approved the Fox Pointe 2nd Addition development on March 26, 1996. The proposed Agreement between the City and Mid-Kansas Engineering Consultants, Inc. (MKEC) provides for the design of Lateral 130, War Industries Sewer; Storm Water Sewer No. 474; and Water Distribution System No. 448-89019 (west of Webb, south of 29th). 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 $10,190 and will be paid by Special Assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) SUPPLEMENTAL AGREEMENT FOR THE PEDESTRIAN BRIDGE OVER THE ARKANSAS RIVER. Agenda Report No. 96-337. On May 17, 1994, the City Council approved the Northwest Transmission Facility (water main from the Hess Pumping Station to Hoover Road) and on April 4, 1995, the City Council approved a contract with Professional Engineering Consultants, P.A. (PEC) to design the facility. On September 12, 1995, the City Council approved the design of an aerial water line in conjunction with a pedestrian bicycle bridge across the river west of Cowtown near Riverside Medical Center and on November 14, 1995, the City Council approved a Supplemental Agreement with PEC to design the bridge. Because this project ties into other proposed aesthetic improvements (Riverbank Improvements, Arkansas River Bikepath), the City Manager's Aesthetic Review Team (CART) asked PEC to prepare additional plans for lighting and bike path improvements. Payment to PEC will be made on a lump sum basis not to exceed $19,170. $14,180 will be paid from General Obligation Bonds available in the Pedestrian Bridge budget. $4,950 will be paid from Water Utility funds available in the Northwest Transmission Facility budget. Motion -- Knight moved that the Supplemental Agreement be approved and the Mayor be -- carried authorized to execute. Motion carried 6 to 0. (Rogers absent) PIPELINE ENCROACHMENT AGREEMENT: UNION PACIFIC RAILROAD TRACKS AT MCLEAN, NORTH OF DOUGLAS. (District VI) Agenda Report No. 96-338. A 36" water line is being relocated as part of the McLean Boulevard improvement. Part of the work will be in Union Pacific Railroad right-of-way. The permit fee is $700. Funds are available within the existing project budget. The funding source is the Water Utility. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Rogers absent) HUGO WALL CONTRACT HUGO WALL SCHOOL OF URBAN AND PUBLIC AFFAIRS CONTRACT AMENDMENT FOR JPTA SERVICES. Agenda Report No. 96-339. The City of Wichita is a Grant Recipient/Program Administrator for the Job Training Partnership Act (JTPA) in Service Delivery Area (SDA) IV which comprises the counties of Butler, Cowley, Sumner, Harper, Kingman and Sedgwick. The Private Industry Council (PIC) of SDA IV provides policy guidance for the use of JTPA funds in this area. The City of Wichita, PIC, and the Hugo Wall School of Urban and Public Affairs, Wichita State University have a three party contract for the Hugo Wall School to provide oversight and consulting services for JTPA related activities. The current contract terminates June 30, 1996 but contains an option to renew the contract for one additional one year period. PIC and the Hugo Wall School have agreed to exercise the contract extension clause for one year, July 1, 1996, through June 30, 1997. All other terms of the present contract would remain the same. The terms of the present contract include the Hugo Wall School agreeing to have a representative present at all PIC meetings, at certain PIC committee meetings, and at meetings of the Kansas Council on Employment and Training; review and analyze all documentation submitted by the grant recipients to PIC; provide consultation with and written recommendations to PIC members; and facilitate the annual PIC planning retreat. The maximum contract amount is for $18,996. JTPA funds are used to pay for contract services and the contract amendment obligates no general fund moneys. Motion -- Knight moved that the Contract Amendment be approved and the Mayor be authorized -- carried to execute. Motion carried 6 to 0. (Rogers absent) CDBG YWCA CONTRACT CDBG CONTRACT AMENDMENT - YWCA WOMEN'S CRISIS CENTER. Agenda Report No. 96-340. On June 6, 1995, the City Council accepted the proposal of the YWCA to provide services for female victims of domestic violence, and a one year contract was implemented July 1, 1995. Because of staff changes, funds budgeted for salaries are underspent. Cost of Worker's Compensation has also declined. The YWCA desires to transfer $14,457 of Personal Services' funds to Contractual Services and Commodities to pay other operating expenses of the Women's Crisis Center. There is no change in the contract amount of $151,200. Motion -- Knight moved that the Contract Amendment be approved and the Mayor be authorized -- carried to execute. Motion carried 6 to 0. (Rogers absent) CENTURY II/LIBRARY CENTURY II/LIBRARY HEATING AND COOLING EQUIPMENT ENERGY PLANT. (District VI) Agenda Report No. 96-341. The City of Wichita had an Agreement with Stormont Trice Corporation, Stormont Trice Development Corporation and Stormont Trice Management Corporation to provide cooling, water heating and related services for the Hyatt- Regency Hotel in a new combined energy plant. On March 5, 1996, the City Council approved $2,535,000 as the City's share and $2,103,000 as the Hotel's share. Renovation of the existing plant was scheduled for 1995, but this work was abandoned in light of the Hotel involvement. The Hotel Developers have now stated that they prefer to install equipment in the hotel building which will provide the heating and cooling needed by the hotel and not be a part of a combined energy plant. The City of Wichita had engaged Professional Engineering Consultants, P.A. (PEC) to provide architectural and engineering services related to the energy plant construction. The design for the combined plant was essentially completed and ready for bid. The elimination of the new building now results in the need for some redesign work. The original Century II/Library/Expo Hall equipment must still be replaced. It is now more economical to renovate the City's existing energy plant rather than to construct a new plant. The existing Contract with PEC provides for these services in an amount not to exceed $205,052. Because the initial design was for a combined energy plant, redesign work will need to be done on the existing plant. A Contract Amendment is submitted for approval which increases the Contract by $50,903 to $255,955. The Capital Improvement Program (PB-129) has a total of $4,638,000 for construction of a new combined energy plant. The City is responsible for $2,535,000 in General Obligation Bonds, with the rest to be amortized and paid back by the Hotel Developers. The deletion of a combined energy plant results in the funds identified as Other being reduced from $2,103,000 to $500,000 for a total revised budget of $3,035,000. Motion -- Knight moved that the Contract Amendment be approved and the Mayor be authorized -- carried to execute; and the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96- 156 A Resolution amending Resolution No. R-95-263 and repealing Resolutions No. R-95-264 and R-96-076 all pertaining to the necessity of renovating and/or replacing certain air conditioning and heating equipment serving the Century II Convention Center, Library, and Expo Hall; directing that a preliminary estimate of the cost thereof be prepared; and declaring it to be the intention of the Governing Body to issue general obligation bonds in an amount not to exceed $3,035,000.00 to pay all or a portion of the cost thereof in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. MHRS/WIC CHDO APP. MENNONITE HOUSING REHABILITATION SERVICES (MHRS) AND WICHITA INDOCHINESE CENTER (WIC)COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) APPLICATION FOR HOME FUNDS PROGRAM. (District III) Agenda Report No. 96-342. On March 14, 1995, the City Council awarded 1995 HOME funds as part of the City's allocation of Consolidated Planning Grant Funds. The Council approved awarding $450,000 in 1995 HOME CHDO funds to joint projects in Planeview and Midtown North, in a partnership between Mennonite Housing Rehabilitation Services, Inc., (MHRS) and the Wichita Indochinese Center, Inc., (WIC). City staff from several departments, as well as MHRS, WIC, and the Enterprise Foundation under the HOME Technical Assistance Program, have been working together to develop location and development strategies. The Planeview Development Strategy will be used to guide this and companion projects as they develop. This proposed project is a partnership between WIC, MHRS, and the City of Wichita. The project will acquire houses and lots in Planeview and build or rehabilitate the homes for sale to low-and moderate-income home buyers. The properties will be acquired and rehabilitated by MHRS and their partners. The funding will act as a revolving loan fund for the purchase and rehabilitation of the units. After the units are sold with conventional financing, $15,000 in assistance will be available to home buyers in the form of a grant or zero-interest, deferred-payment loan. The assistance can be used for down payment, closing costs, and modifications for accessibility. Some of the buildings acquired may be demolished and developed as green spaces and off-street parking. Funding for this award will be allocated from the FY 1995 HOME Investment Partnerships Program Budget in the amount of $225,000.00. This project will commence with Bank financing, HOME funds, and Federal Home Loan Bank funding. A program of this size is subject to Davis- Bacon Act wage requirements. Motion -- Knight moved that the project agreement be approved and the Mayor be authorized to sign; and an amendment to the 1995 Home Program Description reflecting the -- carried grant award be approved. Motion carried 6 to 0. (Rogers absent) MHRS CHDO CONTRACT MENNONITE HOUSING REHABILITATION SERVICES (MHRS) COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) CONTRACT FOR HOUSING PROGRAM. (District VI) Agenda Report No. 96-342. On March 14, 1995, the City Council awarded 1995 HOME funds as part of the City's allocation of Consolidated Planning Grant Funds. The Council approved awarding $450,000 in 1995 HOME CHDO funds to joint projects in Planeview and Midtown North in a partnership between Mennonite Housing Rehabilitation Services, Inc., (MHRS) and the Wichita Indochinese Center, Inc., (WIC). MHRS is ready to proceed with the Midtown North project as originally submitted to City Council. The MHRS proposal addressed five (5) of the top 20 needs identified in the 1995-1996 Consolidated Plan. MHRS will acquire houses and lots in the Neighborhood Initiative area of Midtown North, concentrating on census tracts 1, 2, 3, and 82. Homes will be built and rehabilitated for very low-income families through Neighborhood Homes, the affordable home ownership program of MHRS. All families will be at 50% or lower of the area median income and must attend home ownership training. HOME money will be used for acquisition, rehabilitation and home buyer assistance. A maximum of $15,000 ($12,500) will remain with the property. Funding for the project will be allocated from the FY 1995 HOME Investment Partnerships Program Budget in the amount of $225,000. MHRS will match this project with no less than $95,000 of its own funds, nonfederal grant-in-kind services. Motion -- Knight moved that the CHDO Contract be approved and the Mayor be authorized to sign; and an amendment to the 1995 HOME Program be approved. Motion carried --carried 6 to 0. (Rogers absent) GRANT APPLICATIONS TARGETED OFFENDER PROGRAM EQUIPMENT. Agenda Report No. 96-344. The Kansas Criminal Justice Coordinating Council administers the Edward Byrne Memorial State and Local Law Enforcement Assistance Grant which grant provides federal assistance to states and local units of governments for law enforcement programs in 26 approved categories. The proposed grant application is to be submitted under Category 16, which funds "innovative programs that demonstrate new and different approaches to enforcement, prosecution, and adjudication of drug offenses and other serious crimes." The proposed grant will fund computer equipment, a camera, and search warrant entry equipment for the Police Department's Targeted Offender Program. The Targeted Offender Program maintains intelligence information on repeat offenders, tracks their activities to ensure compliance with laws and court orders, and files charges and/or revokes parole/probation if laws or court orders are not followed. The goal of the Targeted Offender Program is to make Wichita a safer community by reducing the number of crimes committed by repeat offenders. The proposed grant application is for $31,800 of equipment for the Targeted Offender Program. The grant requires a 25% local match, or $7,950. The $7,950 local match is budgeted in the Police Department's operating budget. Motion -- Knight moved that the grant application be approved and the City Manager be -- carried authorized to sign. Motion carried 6 to 0. (Rogers absent) GRANT APPLICATION - FIELD ENFORCEMENT EQUIPMENT. Agenda Report No. 96-345. The Kansas Criminal Justice Coordinating Council administers the Edward Byrne Memorial State and Local Law Enforcement Assistance Grant which provides federal assistance to states and local units of governments for law enforcement programs in 26 approved categories. The proposed grant application is to be submitted under Category 16, which funds "innovative programs that demonstrate new and different approaches to enforcement, prosecution, and adjudication of drug offenses and other serious crimes." The proposed grant will fund mobile computer terminals, search warrant entry equipment, radio equipment, audio/video equipment, portable computers, and DUI enforcement equipment for field enforcement units to be assigned to each police substation. The equipment will be used to address crime problems such as drug dealing, gang violence, driving under the influence, prostitution, and juvenile drinking. Each field enforcement unit will address the problems that are most pressing in their part of the city. The goal of the field enforcement units is to make Wichita a safer community through proactive enforcement efforts designed to reduce crime. The proposed grant application is for $409,740 of equipment for field enforcement units. The grant requires a 25% local match, or $102,435. The $102,435 local match is budgeted in the Police Department's operating budget. Motion -- Knight moved that the grant application be approved and the City Manager be -- carried authorized to sign. Motion carried 6 to 0. (Rogers absent) PROPERTY ACQUISITION ACQUISITION OF 443 S. TERRACE (TRACT #9) FOR THE EAST KELLOGG/OLIVER IMPROVEMENT PROJECT. (District II) Agenda Report No. 96-346. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September 1995 and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located at 443 South Terrace (North 60 feet of Lots 7 and 8, Block 10 in Lincoln Heights Addition to Wichita) and is owned by Mary E. Mouser. The property has 7,800 square feet of land and is improved with a 1,889 square foot single family residence. The property is currently occupied by the owner. The acquisition was appraised at $105,000 and the review appraiser concurred with this value. This amount was offered to the owner and accepted. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. The subject tract was approved for condemnation but continued negotiations proved successful. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $152,000 includes: $105,000 for acquisition, $5,000 for eventual demolition, $40,000 for relocation and $2,000 for closing costs, title insurance, etc. Council action has approved $17,781,134 of Local Sales Tax for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisitions on an 80%/20% basis for a total budget of $26,601,134. The total project encompasses 75 acquisitions. Excluding pending Council action, 34 parcels have been acquired, one is under contract, and the rest are in condemnation. Total expenditures to date total $5,657,552. An additional $568,388 has been approved for a total encumbrance of $6,255,940. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. 446 S. FOUNTAIN, 4211 E. KELLOGG, 4116 E. KELLOGG, 4116 1/2 E. KELLOGG, 4134 E. KELLOGG, AND 447 S. BELMONT (TRACT #4). Agenda Report No. 96-347. The East Kellogg/Oliver Improvement Project received final approval and findings of no significant impact on all historic and environmental issues from the Federal Government in September 1995 and the City was given permission to begin active acquisition in the corridor. At the time of the granting of permission, there were 54 tracts not under contract. Council approved the hiring of Land Acquisitions, Inc. to negotiate the remaining property acquisitions and relocations. One of the parcels to be acquired is located at 4112, 4116, 4116 1/2, 4134 E. Kellogg, 446 S. Fountain and 447 S. Belmont (Lots 9,10, 31,32, 33,34,35,and 36, Block 7 in Merriman Park Place Addition to Wichita) and is owned by Benny F. Hurlock. The property has 34,400 square feet of land. Improvements consist of three one-story single family residences, one two-story single family residence and one one-story duplex. One unit is occupied by the owner with the other four units being tenant occupied. The acquisition was appraised at $307,000 and the review appraiser concurred with this value. This amount was offered to the owner and accepted. As this acquisition has been approved as part of the Kellogg/Oliver Interchange Project, Federal funds will be available to offset 80% of the the transaction cost. The subject tract was approved for condemnation but continued negotiations proved successful. Funds have been budgeted in the 1994 Capital Improvement Program. The funding source will be General Obligation bonds paid by local sales tax revenues. A budget of $414,000 includes: $307,000 for acquisition, $25,000 for eventual demolition, $80,000 for relocation and $2,000 for closing costs, title insurance, etc. Council action has approved $17,781,134 of Local Sales Tax for right-of-way acquisition for this project. There is also $8,820,000 of Federal funds earmarked for acquisitions on an 80%/20% basis for a total budget of $26,601,134. The total project encompasses 75 acquisitions. Excluding pending Council action, 34 parcels have been acquired, one is under contract, and the rest are in condemnation. Total expenditures to date total $5,657,552. An additional $568,388 has been approved for a total encumbrance of $6,255,940. Motion -- Knight moved that the budget and the Contract be approved; and the Mayor be -- carried authorized to sign the necessary documents. SETTLEMENT OF EMINENT DOMAIN APPEAL--CASE #95C89 (WESTLINK ROLLING HILLS PROJECT). (District V) Agenda Report No. 96-348. In July 1994, the City acquired, by eminent domain, an easement for drainage and sewer purposes from two properties along the Westlink-Rolling Hills tributary. Both property owners appealed the court award in this condemnation. The City has settled the appeal of one owner and the second owner has made a proposal to settle his appeal. The appeal is being handled for the City by its outside eminent domain counsel. Trial is set for this summer. The City paid a court award of $16,500 to acquire this easement. The landowners' expert appraisal witness values the easement taken by the City at $84,000. The City's expert appraisal witness values the easement at $6,000. The costs of trial will be approximately $10,000 and almost all of this cost will be avoided if the case is settled.. The owners have agreed to accept an additional $13,500 to dismiss their appeal. An additional consideration is a defect in the title to the City's prior easement for this drainageway. The landowners have agreed to execute such documents as are necessary to clean up the title defects and to make clear that the City has an easement for both drainage and sanitary sewer purposes. The costs of the settlement will be paid from the public works project. Motion -- Knight moved that the settlement payment of $13,500.00 be approved. Motion -- carried carried 6 to 0. (Rogers absent) PAYMENT OF LANDOWNERS' FEES AND EXPENSES-- COLE MOWER (ICE RINK). (District VI) Agenda Report No. 96-349. In September of 1995, the City filed eminent domain proceedings to acquire the property at the southwest corner of McLean and Maple in connection with the Ice Rink Project. In December, the City Council decided to abandon the acquisition because the award of the court-appointed appraisers was too high. Upon abandonment of an eminent domain proceeding after the filing of the award of the court-appointed appraisers, the City is obligated to pay the landowners' reasonable costs and expenses (including attorney fees). The court has established these reasonable costs and expenses to be $10,000. The costs are part of the redevelopment portion of the Ice Rink Project and will be paid from those project costs. The City is obligated to pay the judgment forthwith or interest will accumulate at the rate of 10% per annum. Motion -- Knight moved that payment of the judgment for costs and expenses in the amount of -- carried $10,000 in Case No. 95 C 2500 be authorized. Motion carried 6 to 0. (Rogers absent) IRB - CASCO PLASTICS PURCHASE OPTION - CASCO PLASTICS, INC. (District IV) Agenda Report No. 96-350. On October 8, 1985, the City Council approved the issuance of $1,900,000 in Industrial Revenue Bonds, Series XVI-1985, to finance the purchase of land, machinery and equipment and to expand its facilities through the construction of two metal buildings consisting of 20,000 and 15,000 square feet located adjacent to the existing Casco facility to be leased to and operated by Casco, Inc. On July 21, 1987, the City Council approved the purchase by Casco of a portion of the unimproved land under the bond issue and on May 22, 1990, the City Council approved the assignment of the Lease from Casco, Inc. to Casco Plastics, Inc. Under the provisions of Article XVII, Sections 17.1 and 17.2 of the Lease Agreement for the bond series, Casco Plastics, Inc. has the option, if all outstanding bonds have been paid, to purchase the facility from the City of Wichita for the sum of $100. The City of Wichita on April 5, 1996, received a notice from Casco Plastics, Inc. of its intention to exercise its option to purchase the facility. Under the terms of the Lease, the City is required to convey the real property and facility securing the IRB issue to the Tenant, once the Tenant has paid the purchase price and other considerations as listed under the provisions of the Lease Agreement, including the payment of all outstanding bonds. The City has received a check in the sum of $100 from the Casco Plastics, Inc. which represents the purchase price for the facility. The City has also been notified by the Trustee, Bank IV, N.A., in a letter dated April 1, 1996, that all the Company's Lease obligations and all the outstanding bonds have been paid in full in accordance with their terms. The purchase price is $100 and other considerations as listed under the provision of the Lease Agreement to redeem and retire all outstanding bonds. This price includes without limitations, principal, interest, redemption premium, and all other expenses of redemption, and trustee fees, but after the deduction of any amounts described and provided for in the Lease Agreement and available for such redemption. The City is contractually bound to convey the IRB Project property to the Tenant by special warranty deed, once all the conditions established in the Lease have been met. Motion -- Knight moved that the Resolution, approving the Special Warranty Deed and Termination of Lease Agreement and authorizing the Mayor to sign, be adopted. -- carried Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96- 157 A Resolution authorizing the City of Wichita, Kansas, to convey certain real property to Casco Plastics, Inc.; and prescribing the form of and authorizing the execution and delivery of certain documents in connection therewith, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. STREET REHABILITATION 1996 STREET REHABILITATION PROGRAM. (Districts I, II, III, & VI) Agenda Report No. 96-351. The 1996 Capital Improvement Program included a Street Rehabilitation Project (MS-339). It is part of an ongoing program to perform major maintenance on selected arterial streets. The streets to be rehabilitated are (1) Hydraulic, from 37th Street North to the Chisholm Creek Bridge, (2) George Washington Boulevard, from Oliver to 31st Street South, and (3) Oak Knoll, from Rock to Pawnee. The existing pavement will be ground up and compacted. A layer of asphalt will be added. The project budget is $300,000. The funding source is General Obligation Bonds. Motion -- Knight moved that the project be approved and the Ordinance be placed on first -- carried reading. Motion carried 6 to 0. (Rogers absent) ORDINANCE An Ordinance declaring Hydraulic, from 37th Street North to the Bridge over the middle branch of Chisholm Creek; George Washington Boulevard, from Oliver to 31st Street South; and Oak Knoll, from Rock to Pawnee (1996 Street Rehabilitation Program) (472-82704) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. SWIMMING POOL REPAIRS BONDING RESOLUTION FOR SWIMMING POOL REPAIRS. Agenda Report No. 96-352. At the April 9, 1996, meeting, City Council approved capital funding in the amount of $70,300 to be used for repairs to various municipal swimming pools. The Park Department requests that the Resolution be approved and signed by the Mayor so that bonds may be issued by the City of Wichita to make these funds available for the approved repairs. The City Council has determined that funds should be made available for repairs to swimming pools in 1996, with a cost not to exceed $100,000. It was further determined, after receiving an estimate of needed repairs to various swimming pools that funds from general obligation bonds in the amount of $70,300 would be used for these repairs. The funds will allow "emergency" repairs to ensure the safety of pool patrons in 1996, but are not sufficient to completely rehabilitate the pool system. General obligation bonds will be issued by the City of Wichita in the amount of $70,300 to cover estimated costs for swimming pool repairs. Motion -- carried Knight moved that the bonding resolution be adopted. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96- 158 A Resolution finding it necessary to make certain improvements to various municipal swimming pools and authorizing the issuance of bonds by the City of Wichita at large to finance such improvements, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. WICHITA AIRPORT CAPITAL PROJECT INITIATION FOR AIRCRAFT STORAGE HANGARS. Agenda Report No. 96-353. The project is Aircraft Storage Hangars and represents improvements that will be made to Colonel James Jabara Airport subject to further action and approval by the Wichita Airport Authority. This project has been included in a Capital Improvement Program of the City of Wichita. This action approves only the intent to use City of Wichita bonding authority in the future and does not specifically authorize the issuance of debt nor does it preclude the use of any substitute funding source. The total cost for the capital improvements, based on the best present information, is $252,000 (an increase of $89,699 to the amount previously financed through the approval and authorization of the Governing Body of the City). Motion -- carried Knight moved that the Resolution be adopted. Motion carried RESOLUTION NO. R-96- 159 A Resolution declaring that a public necessity exists for, and that the public safety, service, and welfare will be advanced by, the making of certain capital improvements to the Colonel James Jabara Airport facility operated by the Wichita airport Authority of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. ORDINANCES SECOND READING ORDINANCES. (First reading April 16, 1996) (Item 28a) a. Public Building Commission Charter Ordinance. The Wichita Public Building Commission tentatively approved a request from USD #259 that the PBC undertake the issuance of lease revenue bonds on behalf of the District to finance the acquisition of a $17 million data processing and telecommunications system. In order to complete this financing project, the PBC's authority must be expanded to include this project, read for the second time. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Sally Moore Sally Moore spoke of concern that this has not been on the Board of Education agenda. Ms. Moore said she does appreciate the City's support and that she does not want the Council to take her concern to mean that she considers City Council action on this matter to be incorrect. Council Member Cole Council Member Cole explained that Council action on this matter would enable the responsible authority (in this case USD 259) to proceed with the necessary steps to issue necessary bonds. Mayor Knight Mayor Knight suggested that this matter be deferred until a full Council could be present for consideration. Motion -- carried Ferris moved that this Item be deferred one week. Motion carried 6 to 0. (Rogers absent) b. Restricted parking - Old Town District parking Lot No. 1. ORDINANCE NO. 43-133 An Ordinance creating Section 11.52.115 of the Code of the City of Wichita, Kansas, pertaining to parking procedures in lots in the Old Town District, 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. c. Special Assessments - Unpaid Sewer/Water Service Charges. ORDINANCE NO. 43-134 An Ordinance Making a special assessment to pay the cost of unpaid sewer service charges and/or water service charges in the City of Wichita, 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: Cather, Cole, Ferris, Gale, Kamen, Rogers, Knight. PLANNING AGENDA Marvin Krout Director of Planning stated that all Items could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that the Planning Agenda Items be approved as consensus Items. -- carried Motion carried 6 to 0. (Rogers absent) S/D 95-45 S/D 95-45 - PLAT OF THE HORSESHOE LAKE ADDITION LOCATED NORTH OF 21ST STREET NORTH AND EAST OF RIDGE. (District V) Agenda Report No. 96-354. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (8-1) Petitions, all 100%, have been submitted for sanitary sewer, municipal water, and paving improvements. A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of Reserves, the applicant has submitted a restrictive covenant. To provide for off-street parking, for lots adjacent to narrow streets, this covenant also requires that four (4) off- street spaces be provided for each such lot. In order to allow for the platting of a street with a narrow or nonstandard right-of-way dedication, a 15-foot street, drainage, and utility easement was platted with this restrictive covenant also restricting how this easement can be used. In order to assure access among the lots of this Addition, cross-lot circulation agreements have been provided. A zone change (Z-3155) from "R-5" ("MF-18") to "LC" ("LC") zoning has been approved for this site subject to platting. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. The negative MAPC vote was in regard to the platting of areas involving floodways and/or floodplains. Documents Certificate, Restrictive Covenant, Declaration of Cross Lot Access and Easement from Ritchie Associates, Inc., and Telephone Employees Credit Union, and from Jack D. and Lou Ann Ritchie and Kevin M. and Nancy Mullen. Water 100 Percent Petition for construction of Water Distribution System Number 448-89031 (north of 21st, east of Ridge) $59,500 S.A. (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-89032 (north of 21st, east of Ridge) $54,000 S.A. (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-89033 (north of 21st, east of Ridge) $81,900 S.A. (Hold for development) Water 100 Percent Petition for construction of Water Distribution System Number 448-89034 (north of 21st, east of Ridge) $20,000 S.A. (Hold for development) Sewer 100 Percent Petition for construction of Lateral 4, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge) Project No. 468-82596 $135,800 S.A. (Hold for development) Sewer 100 Percent Petition for construction of Lateral 5, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge) Project No. 468-82597 $61,000 S.A. (Hold for development) Sewer 100 Percent Petition for construction of Lateral 6, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge) Project No. 468-82603 $253,500 S.A. (Hold for development) Paving 100 Percent Petition for improving of Lighthouse Cove from the east line of North Shore Boulevard to the east line of North Shore Boulevard Project No. 472-82711 (north of 21st, east of Ridge) $295,630 S.A. (Hold for development) Paving 100 Percent Petition for improving of Lakeway Circle from the north line of 21st Street North to and including the cul-de-sac Project No. 472-82712 (north of 21st, east of Ridge) $100,000 S.A. (Hold for development) Paving 100 Percent Petition for improving of Clear Meadow, Hazelwood, and Green Meadow from the west line of North Shore Boulevard to the west line of North Shore Boulevard; and Hazelwood Court serving Lots 6 through 9, Block 3, Hazelwood Court serving Lots 8 through 15, Block 4, and Clear Meadow Circle serving Lots 15, 17, and 18, Block 3 Project No. 472-82713 (north of 21st, east of Ridge) $438,750 S.A. (Hold for development) Paving 100 Percent Petition for improving of accel-decel lane on the north side of 21st Street North from the east line of Lot 11, Block 2, Horseshoe Lake to a point 250 feet east of the east line of North Shore Boulevard Project No. 472-82714 (north of 21st, east of Ridge) $16,000 S.A. (Hold for development) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change Z-3155 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has been -- carried recorded with the Register of Deeds. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96- 160 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89031 (north of 21st, east of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 161 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89032 (north of 21st, east of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 162 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89033 (north of 21st, east of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 163 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89034 (north of 21st, east of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 164 Resolution of findings of advisability and Resolution authorizing construction of Lateral 4, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge) Project No. 468-82596 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 165 Resolution of findings of advisability and Resolution authorizing construction of Lateral 5, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge) Project No. 468-82597 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 166 Resolution of findings of advisability and Resolution authorizing construction of Lateral 6, Main 16, Southwest Interceptor Sewer (north of 21st, east of Ridge) Project No. 468-82603 in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 167 Resolution of findings of advisability and Resolution authorizing improving of Lighthouse Cove from the east line of North Shore Boulevard to the east line of North Shore Boulevard Project No. 472-82711 (north of 21st, east of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 168 Resolution of findings of advisability and Resolution authorizing improving of Lakeway Circle from the north line of 21st Street North to and including the cul-de-sac Project No. 472-82712 (north of 21st, east of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 169 Resolution of findings of advisability and Resolution authorizing improving of Clear Meadow, Hazelwood, and Green Meadow from the west line of North Shore Boulevard to the west line of North Shore Boulevard; and Hazelwood Court serving Lots 6 through 9, Block 3, Hazelwood Court serving Lots 8 through 15, Block 4, and Clear Meadow Circle serving Lots 15, 17, and 18, Block 3 Project No. 472-82713 (north of 21st, east of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. RESOLUTION NO. R-96- 170 Resolution of findings of advisability and Resolution authorizing improving of accel-decel lane on the north side of 21st Street North from the east line of Lot 11, Block 2, Horseshoe Lake to a point 250 feet east of the east line of North Shore Boulevard Project No. 472-82714 (north of 21st, east of Ridge) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by Section 28.04.210, the Code of the City of Wichita, Kansas, introduced and under the rules laid over. Z-3155 S/D 93-68 S/D 93-68 - PLAT OF THE SHEILING AT GLENCOE ADDITION LOCATED AT THE SOUTHEAST CORNER OF GREENWICH AND PAWNEE. Agenda Report No. 96-355. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (unanimous) Although this site is in the County, it will use City of Wichita water and both a petition (100%) for such an improvement and an Outside-the-City Water Agreement have been submitted for that purpose. A Certificate of Petitions has also been submitted. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Documents Certificate and Water Service Agreement from Royal K. and Emma R. Dillinger. Water 100 Percent Petition for construction of Water Distribution System Number 448-89038 (south of Pawnee, east of Greenwich) $13,000 S.A. (Hold for development) Motion -- Knight moved that the Petition be approved and the Resolution be adopted; the Water Agreement be approved and the Mayor be authorized to sign; the documents be received and filed and recorded with the Register of Deeds; the plat be approved -- carried as recommended and the Mayor be authorized to sign. Motion carried 6 to 0. (Rogers absent) RESOLUTION NO. R-96- 171 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89038 (south of Pawnee, east of Greenwich) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Rogers absent) Yeas: Cather, Cole, Ferris, Gale, Kamen, Knight. D-1701 D-1701 - DEDICATION OF STREET RIGHT-OF-WAY AND THE GRANTING OF ADDITIONAL UTILITY EASEMENT IN AN AREA SOUTH OF ST. LOUIS AND WEST OF WEST STREET. Agenda Report No. 96-356. MAPC Recommendation: Accept the dedication. As a condition of an approved lot split (L/S- 0917), additional right-of-way for Nevada Street has been dedicated and additional utility easement granted. The dedication has been reviewed and approved by the Planning Commission. Dedication Dedication from Douglas W. and Merilee E. Hook of the east 30 feet of the south ½ of Lot 4, block 10, Parkwilde Addition. Easement Easement from Douglas W. and Merilee E. Hook of part of the south ½ of Lot 4, Block 10, Parkwilde Addition. Motion -- Knight moved that the Documents be accepted and the be recorded -- carried with the Register of Deeds. Motion carried 6 to 0. (Rogers absent) RECESS The City Council recessed at 10:30 a.m. to a Workshop Session on (1) Solid Waste and (2) Core Area Projects (Water Walk and Bridges) and returned to regular session at 11:30 a.m. EXECUTIVE SESSION Motion -- Knight moved that the Council recess to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation, legal advice, and contract negotiations; and preliminary discussions relating to the acquisition of real property for public purposes; and the regular meeting be resumed at 1:30 p.m. in -- carried the City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 11:33 a.m. and reconvened in regular session at 1:30 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 1:30 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 161 APRIL 23, 1996 Page