MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, JUNE 2, 1998 Tuesday, 9:00 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Cole, Gale, Kamen, Rogers; present. Council Members *Ferris, Lambke; 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 May 19, 1998, were -- approved approved 4 to 0. (Rogers abstained) (Ferris, Lambke; absent) AWARDS AND PRESENTATIONS PROCLAMATIONS Mayor Knight presented the Proclamations that were previously approved. PUBLIC AGENDA COMMENTS BY DAN BORST/SALLY HUBER. Dan Borst and Sally Huber were not present. UNFINISHED BUSINESS BROADWAY IMPROVEMENT BROADWAY IMPROVEMENT, DOUGLAS TO CENTRAL. (District VI) Continued from May 19, 1998. Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 98-468. On December 3, 1996, the City Council approved a project to improve Broadway from Douglas to Central. An attempt to award a construction contract within the limits of the project budget was not successful. The project consists of: 1) reconstructing Broadway to four lanes with parking lanes on both sides, 2) upgrading the existing traffic signals, 3) installing sidewalks on both sides of the street, and 4) landscaping the available right- of- way. The design concept of four lanes plus parking lanes is the concept that was previously approved by the Council. The project specifications require the contractor to maintain access to all adjacent businesses during the course of construction. They are also required to carry at least one lane of traffic flow in each direction at all times, except during a five-week period the contractor will be allowed to close Broadway to northbound traffic between Douglas and First to accommodate underground utility work in the block. The current project budget is $1,400,000. It is expected that an additional $500,000 will be needed to award a construction contract. The additional funding requirement was reprogrammed in the 1998 Capital Improvement Program (CIP No. MS- 416, page 49). The funding source is General Obligation Bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Council Member Kamen Council Member Kamen said he believed the street needs repaired but could not support this Item as the project is $400,000 to $500,000 over the Engineer's estimate. Motion -- Cole moved that the project be approved and the Ordinance be placed on first reading. Motion carried 4 to 1. Kamen - No. (Ferris, Lambke; absent) ORDINANCE An Ordinance declaring Broadway, from Douglas to Central Avenue (472-82181), 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. NEW BUSINESS 11TH STREET PAVING PETITION (AMENDED) TO PAVE 11TH STREET FROM DORIS TO CURTIS. (District V) Mike Lindebak City Engineer reviewed the Item. Agenda Report No. 98-478. On August 12, 1997, the City Council approved a Petition to pave 11th Street, from Doris to Curtis. An attempt to award a construction contract within the budget set by the Petition was not successful. A Petition with an increased budget has been submitted. The signature on the Petition represents one of seven owners that owns 68% of the improvement district area. CPO Council 5 considered the project on May 13, 1998. The Council deferred action to May 27, 1998, in order to receive additional information. The CPO Council's recommendation will be provided to the City Council prior to the June 2, 1998, hearing. 11th Street serves a neighborhood of older, single-family homes and a new residential subdivision. The original Petition totaled $74,000. The new Petition totals $88,000. The funding source is special assessments. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 5 to 0. (Ferris, Lambke; absent) RESOLUTION NO. R-98-220 Resolution of findings of advisability and Resolution authorizing paving of 11th Street from the west line of Doris Street to the west line of Curtis Street (Project Number 472-82810) 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 5 to 0. (Ferris, Lambke; absent) Yeas: Cole, Gale, Kamen, Rogers, Knight. COLLEGE HILL SWIMMING PETITION FOR COLLEGE HILL SWIMMING POOL IMPROVEMENT, EAST OF HILLSIDE AND SOUTH POOL OF DOUGLAS. (District II) Mike Lindebak City Engineer reviewed the Item. *Council Member Ferris present. Agenda Report No. 98-479. On August 19, 1997, the City Council considered a proposal by residents of the College Hill neighborhood for a public/private partnership to construct a new neighborhood pool. The City Council voted 6-0 to approve the proposal. A Petition has been submitted and signed by 1,618 of 2,844 owners of property in the proposed improvement district. CPO Council 2 considered the Petition on May 18, 1998. The Council voted 7-0 to recommend approval. The old pool was built in 1937. The proposed pool would have a wading pool for small children and a three lane lap pool. The poolhouse will be renovated. The estimated project cost is $750,000, with $250,000 paid by the City-at-large and the balance by special assessments and donations. The estimated assessment to individual properties is $250 per ownership tract. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Beth King Beth King said the Swimming Pool Task Force had examined the current condition of the pool and consulted with many. All alternatives were explored and evaluated. It was decided the continued city operation of the current facility was not feasible. This was a neighborhood driven proposal. Fourteen times property owners were invited to participate. The pool, through partnership, is a benefit to College Hill and the entire community. Deter Gruen Deter Gruen spoke against the item and expressed concern regarding increased traffic. Mr. Gruen requested a deferral so additional information could be gathered and a more informed decision could be made. Inaudible Person residing at 124 N. Terrace said it is believed the traffic in the general area will be increased due to high usage of the pool. Parking around the new facility is not adequate and safety for the children is also not addressed. Dr. Lee Goss Dr. Lee Goss spoke in support of the project as being well researched and thought out. The project gives opportunity to support the neighborhood and also maintains the bathhouse. Laura Allen Laura Allen said the latch key program consists 90 percent of College Hill children who will also participate in the swimming program. Larry Ross Larry Ross, member of the College Hill Neighborhood Association, resident, and member of CPO Council 2, said he was an alumni of pool and learned how to swim at the pool. Mr. Ross requested a favorable vote on this Item. Carey (inaudible) Carey, property owner who rents out the property, spoke in favor of the pool and said some of his fondest memories are of swimming in city's swimming pools. Yes, the pool will draw people from outside and there will be some problems but he said he is very willing to pay his share to have the neighborhood project completed. Cindy Warren Cindy Warren, 205 North Roosevelt, encouraged approval of the petition and project. The pool is a gathering opportunity for the neighborhood which should welcome those who come to share the pool. There has been discussion regarding parking and supervision and it is understand this has been thoroughly studied. Jeff Roth Jeff Roth said there was initially a parking lot in the plan but when this was publicized it was recommended against. City Staff determined a parking lot not necessary or advisable. The parking issue has been explored. Regarding supervision, the City Council previously agreed to a letter of intent which included the future management of pool under shared responsibility between the City and the neighborhood. Elaine (inaudible) Elaine, 232 Circle Drive, traffic and parking and increased drug activity will be serious problems. The pool will be open two months of the year. This is a lot of money for such a short time. The design of the pool is poor. Latchkey kids are a real danger and never have adequate supervisions. It is suggested the City maintain liability insurance and be prepared for lawsuits. Mike Lindebak City Engineer, responding to a question about the possibility of vacating the street, said there is a desire towards seeing a variance. Tim Vanatta Director of Parks said is supervision while in the park. In the morning there will be swimming lessons and in the afternoon and early evening there will be free swimming. As the pool is configured, there will be five to six life guards assigned. Regarding the draw of the pool, Mr. Vanatta said that in his personal opinion the initial interest would draw from outside the area. Once settled in, the pool will draw from the immediate area. Motion -- Kamen moved that the Petition be approved and the Resolution be adopted; and the Staff Screening and Selection Committee be authorized to select a design -- carried architect. Motion carried 6 to 0. (Lambke absent) RESOLUTION No. R-98-221 Resolution of findings of advisability and Resolution authorizing construction of the College Hill Swimming Pool (east of Hillside, south of Douglas) (Project Number 472-89254) in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Kamen moved that the Resolution be adopted. Motion carried 6 to 0. (Lambke absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. PROPERTY DISPOSITION REQUEST TO PURCHASE PROPERTY AT 27TH AND HILLSIDE. (District I) Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-249 A. On April 7, 1998, the City Council approved the request (6-0, Council Member Kamen absent) from J.M. Limited to purchase approximately 38 acres of property at 27th & Hillside for a modular home manufacturing plant. This project would be completed in two phases with the first phase including construction of the manufacturing plant (120,000 square feet), modular home staging/storage area, display area for model homes, learning/training center for employees, day care and trainee housing. Phase Two provides for the expansion of the manufacturing facility (an additional 120,000 square feet) with construction of an office building. The Council's approval of the request contained the following conditions: 1. The amounts of acreage are adjusted to precisely delineate the property within the floodplain at the northern edge of the property to accommodate the integrity of the future park development. 2. The purchase price to be negotiated on an adjusted basis according to the actual acreage sold. 3. Landscaping be provided to accommodate the park acreage and provide delineation between the park and the manufacturing facility. 4. A Development Agreement be negotiated that contains the construction date, site plans, performance guarantees, and provisions of typical Development Agreements. 5. The Park Board be consulted to specifically delineate the precise configuration between Grove Park land and the manufacturing project. 6. That the Development Agreement be presented to the Council in a timely manner at the end of the 30-day public comment period so that the project can be expedited. The Developer intends to use this property for manufacturing houses with related functions, including learning/training center for employees, day care and housing for trainees. Also, there would be storage and display areas for model homes manufactured on site. Another use for a portion of this site was requested by Mr. Terry Crayton, representative for developers proposing an indoor recreational activity building. Details of this proposal have not been fully disclosed, but funding sources to construct this facility are reported to be available. The proposal would include sharing the Hillside/27th Street site with the J.M. Ltd. use. The recreational complex would require approximately 5 - 7 acres, depending upon the ability to share parking, access roads, etc. The Staff Development Team has met with J.M. Limited representatives regarding the negotiation of a Development Agreement, and the consideration of additional adjacent uses on the parcel proposed for purchase for the manufacturing facility. Mr. Charles McAfee has indicated that the manufacturing project would require the full 38-acres of land and that in order to proceed with his project he would not entertain partnering with other entities on this parcel, combining his project with any other project or uses on the site, or reducing the amount of acreage he is requesting. The City acquired the land proposed to be sold with Community Development Block Grant funds for development as a neighborhood park. Sale of the property for development as a site for a housing manufacturing facility is a proposed change of use and is contingent upon providing citizens an opportunity to comment on the proposed change of use. The public was given a 30-day comment period from April 9 through May 8, 1998. During the public comment period, 12 responses were received. The agencies submitting comments were Wichita Independent Neighborhoods, Country Overlook Neighborhood Association, Ken-Mar neighborhood Association, Northeast Heights Neighborhood Association, Neighborhood Initiative, and Chisholm Creek Neighborhood Association. All of the comments opposed the sale of the land. Much of the opposition spoke of a deficit of park land and the sale of the land was not consistent with Parks and Open Space Plan. Many of the neighborhood groups and residents felt the land should be developed for recreational purposes to serve the surrounding neighborhood and provide additional playing fields. Several of those responding stated the Council should retain the land to provide a park corridor linking Grove Park, Chisholm Creek Park and the bike trails. Others responders stated that there was a significant need for park and recreation areas and this site should not be used for manufacturing or other non-public uses. While not opposed to efforts to improve the economy in this area through assistance to business, some stated it was more important to develop a park in this location. Several suggested more time be provided to submit information to residents of the northeast community. CPO Council 1 met on May 19, 1998 and voted to support the J.M. Ltd proposal by a vote of 5 to 2. The City's Park Board met on two occasions to review the proposal. The Board voted at its first hearing to reject the sale of the entire 38-acreage, but agreed to sell approximately eighteen (18) acres of the land requested. At a later meeting, J.M. Ltd presented its proposal to the Board, but no action was taken to amend its previous action. Inasmuch as the J.M. Ltd representatives indicated they could not proceed without the full acreage, the Park Board has been asked to reconsider its initial action to determine if the Board would agree to sell the additional acreage. The next Park Board meeting is June 8, 1998. This land was acquired with Community Development Block Grant (CDBG) funding. Any sale of this property may require the full appraised market value of the property to be reimbursed to CDBG. The proposed land was not advertised or listed for sale by the City. Since this property was acquired, in part, for park and open space purposes, the Park Board has a vested interest in this park property. Therefore, under the provisions of Charter Ordinance No. 125, the transfer or disposition of the property will be with the approval and consent of the Park Board. The City Council has several options, including but not limited to: 1. Approve the sale of the property, as approved by the Park Board to J. M. Ltd. for the intended uses, and authorize the execution of the Developer's Agreement. 2. Reject the sale of property. 3. Return the proposed project to the Park Board for further hearings and recommendations relative to potential for site sharing to accommodate multi-uses, including the J. M. Ltd project, Indoor Recreational facility, and other park and recreational usages. Council Member Ferris momentarily absent. Council Member Rogers Council Member Rogers said there are polar positions regarding this Item. Some say there is a need to increase park space; others say there is enough park space but additional jobs are needed. Both park space and jobs are needed and it is hoped this can be looked at in terms of balance. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Charles McAfee Charles McAfee said his company is under a tremendous expansion mode. Mr. McAfee gave statistics on information in a four-square block area (between 13th and Murdock, and between the Canal Route and Wabash) where lots are mostly owned by McAfee. Where there is now $3,750 per year on the tax rolls, at the rate being developed, there will be $2.5 million on the tax rolls. With electricity and gas, cable television, water and sewer, etc., the total increase is about $9.7 million. Interest income from financing the homes will amount to about $14.3 million. Mr. McAfee said it is his understanding that the park board had no funds to develop the land in the park area. Also, his firm needs access to the interstate highway. Mayor Knight momentarily absent with Vice Mayor Gale in the Chair. Council Member Rogers momentarily absent. Mr. McAfee added that his schedule is so tight that unless he can get immediate approval he will have to do something else. The land in question is far from "park" land. Glen Day Glen Day, 4515 Greenbriar, said that the area in question would be an anchor between Chisholm Creek and Grove Parks. The issue is with regard as to placement not to the project. This project ought to be in an industrial park area. Larry Ross Larry Ross said this is a deviation from the Park and Open Space Plan. Selling off park space for industrial park use is wrong. Council Member Cole momentarily absent. Frances Crowley Frances Crowley, representing a coalition of 27 neighborhood associations in District I, said there was no consensus among the associations. A compromise solution is endorsed as long as access can be provided at 27th and Hillside to the fields in back of the proposed area. The tax base is an equally important issue. James Roseberg James Roseberg said there is an urgent need for jobs but there is also a need of park land. The trucks will also cause damage to streets. Colleen Lamb Colleen Lamb, spoke in favor of the project and said Mr. McAfee is concerned with employees. Vivian Webb Vivian Webb said park space is valuable but people's lives are also very valuable. Ms. Webb urged approval of the project. Raymond Loggins Raymond Loggins said he has been in a lot of trouble in the past but, while working for Mr. McAfee, he has turned his life around. Mr. Loggins urged approval. June Armstrong June Armstrong said Mr. McAfee pays full health benefits and is a great employer. While she also enjoys parks, this project is needed. This industrial project and park use can work together. Motion -- Rogers moved that the proposed project be returned to the Park Board with a strong recommendation and, hopefully, a strong commitment from as many of the council members that are comfortable with it, to encourage their representatives to look fully at all of the options available, given all of this dialogue, emphasizing the two polar positions and options; that the City Manager be asked to look at, in the event the City is able to get all of this agreement and sell this land or a portion of the land (whatever the Park Board will go along with), looking into the possibility of utilizing some of those funds for the purchase of additional park property and/or some of the funds being used for the enhancement of Grove Park; and that the Park Board be asked to keep in mind that this does not deviate from the opportunity to tie all of the parks together from Chisholm -- carried all the way down through Grove and so forth. Motion carried 6 to 0. It is hoped the Park Board will look at this matter at their meeting of June 8th. IRB - HAYES CO. PUBLIC HEARING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS - THE HAYES COMPANY, INC. (District VI) Allen Bell Financial Projects Director reviewed the Item. Agenda Report No. 98-402 A. The bond proceeds will be used to construct and equip a maintenance and distribution addition to Hayes' manufacturing facility, located at 800 East 37th Street North, and to purchase additional machinery. Hayes is also requesting that the City approve a 100% ad valorem tax abatement for a 10-year period. The Hayes Company has greatly exceeded its expectations in terms of new employment and increased sales at the time of their 1995 IRB-financed expansion. As a result, Hayes has already outgrown their expanded facility and needs more space to accommodate growth in production and employment. The Company expects employment to grow from the current 197 employees to a projected 378 employees in 2001. Proceeds from the requested bonds will be used to construct a 71,000 s.f. building addition to Hayes' facility and to purchase additional equipment to meet their capacity needs. The project consists of the following: USES OF FUNDS * Land and Site Improvements $ 789,299 * Parking and Construction 1,580,701 * Equipment and Machinery 1,014,000 * Bond Reserve 50,000 * Cost of Issuance: 66,000 Total Cost of Project: $3,500,000 The bonds are being issued in two series: Series A as tax-exempt bonds and Series B as taxable bonds. Froggatte & Herndon Capital Corporation will purchase the bonds, as underwriter, and will publicly remarket the Series A bonds to investors and will place the Series B bonds with principals of the Hayes Co. The firm of Hinkle, Eberhart and Elkouri, L.L.C. serves as bond counsel in the transaction. The Hayes Company, Inc. currently employs 197 people at its Wichita facilities. Current expansion plans for Hayes, forecasts an increase in employment at the Wichita facility of approximately 140 people over the next five years. If these projections are met, over $10,664,000 in new personal annual income will be added to the Wichita economy through wages paid to Hayes' expanded work force. A cost/benefit analysis based on the fiscal and economic impact model of the Wichita State University's Center for Economic Development and Business Research reflects cost/benefit ratios of 1.62 for the City; 2.02 for Sedgwick County; 1.03 for USD 259 and 2.88 for the State. The Hayes Company, Inc. agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. Hayes is requesting a 100% tax abatement of ad valorem property taxes on the project for a 10-year period in accordance with City Policy. Under City's Business Incentive Policy, Hayes qualifies for an 100% tax abatement based on projected new employment, capital investment, export sales and the location of the facilities within the City's incentive target area. During the 5-year period of the recommended property tax abatement, Hayes will continue to pay taxes on the current facility. The real and personal property taxes paid by Hayes in 1995 was $22,308. Estimated first year taxes abated on the proposed project are $60,464, of which $17,595 is the City portion, $17,015 the County/State portion, and $25,009 the U.S.D. 259 portion, based on the 1998 mill levy of 107.304 mills. Council Member Kamen left the Bench. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Cole moved that the public hearing be closed; the Bond Ordinance be placed on first reading; and the Mayor be authorized to sign the necessary documents. -- carried Motion carried 5 to 0. (Kamen, Lambke; absent) ORDINANCE An Ordinance authorizing the City of Wichita, Kansas, to issue its Industrial Revenue Bonds, Series VIII-A, 1998 (The Hayes Company, Inc.) in the aggregate principal amount of $3,300,000 and its subordinated Taxable Revenue Bonds, Series VIII-B, 1998 (The Hayes Company, Inc.) in the aggregate principal amount of $200,000 for the purpose of acquiring, constructing, and equipping certain improvements to an existing manufacturing facility; prescribing the form and authorizing execution of a second supplemental trust indenture between the City and Commerce Bank, N.A., Wichita, Kansas, as trustee; prescribing the form and authorizing the execution of a second supplemental lease agreement by and between the City and the Hayes Company, Inc.; prescribing the form and authorizing execution of a supplemental and amended easement and agreement by and between the City and the Hayes Company, Inc.; approving the form of a second supplemental guaranty agreement between the Hayes Company, Inc., as guarantor, and Commerce Bank, N.A., Wichita, Kansas, as trustee; approving the form of a second supplemental individual guaranty agreement; prescribing the form and authorizing the execution of a bond purchase agreement between the City, the Hayes Company, Inc., and Froggatte & Herndon Capital Corporation, as purchaser of the Series VIII-A, 1998 bonds and authorizing the execution of a bond placement agreement by and between the City and the Hayes Company, Inc., as purchaser of the Series VIII- B, 1998 bonds, introduced and under the rules laid over. IRB - OLDE ENGLISH LETTER OF INTENT TO ISSUE MULTI-FAMILY HOUSING REVENUE BONDS - OLDE ENGLISH MANOR APARTMENTS. (District I) Allen Bell Financial Projects Director reviewed the Item. Council Member Kamen present. Agenda Report No. 98-480. The Piedmont Foundation, Inc. ("Piedmont"), a Georgia-based not-for-profit corporation, has requested the issuance of a Letter of Intent to issue multi- family housing revenue bonds in an amount not to exceed $8.75 million. The bonds will finance the acquisition and rehabilitation of Olde English Manor Apartments, a proposed multi-family housing project for low and moderate income families, located at 2323 North Woodlawn. A property tax abatement has not been requested. On May 12, 1998, the City Council adopted a resolution disapproving the issuance of multi-family housing revenue bonds by the Kansas Development Finance Authority for this project. Staff was directed to work with Piedmont to determine whether the proposed project merited consideration by the Council for issuance of a Letter of Intent to issue City of Wichita bonds for the project. The Olde English Manor Apartments is a 264-unit apartment complex located in northeast Wichita on approximately 17 acres of land near 21st and Woodlawn. The multi-family rental complex consists of 9 buildings and contains a clubhouse facility, tennis courts, three swimming pools, laundry facilities and management office space. Olde English Manor is presently occupied by individuals and families that predominantly qualify as low-to-moderate-income residents. The Piedmont Foundation, of Atlanta, Georgia is a charitable organization that promotes affordable housing through acquisition and rehabilitation of existing properties and development of new multi-family housing units. Under IRS regulations it must follow to maintain its non-profit status, Piedmont must continue to operate Olde English Manor as an affordable housing project for at least 35 years. At least 40% of the units (40 units) will be reserved for families and individuals whose income is not greater than 60% of median income in the Wichita MSA ($28,000 for a four-person household). In addition, at least 75% of the units (198 units) will be leased to individuals and families whose income is not greater than 80% of the area median income ($37,000 for a pour-person household). While these low income tenants will receive preference in the rental of these units, there is no rent subsidy being paid and all tenants will be subject to the same criteria for acceptance as tenants. Piedmont will agree to spend $1,230,000 on exterior and interior renovations to the complex over the next 10-year period, which will include $500,000 to reimburse the seller for recent renovations. Another $2 million will be set aside from project cash flow to pay for future capital improvements and major repairs beyond 10 years. These sums will be in addition to regular on-going maintenance and repair expenditures. In addition, Piedmont will agree to provide special services for Olde English Manor residents, including a free latch-key program, financial counseling services, adult literacy, elderly health and transportation, energy awareness, employment counseling and programs designed to facilitate and encourage home-ownership. The proposed program for property rehabilitation represents a restructuring of the initial proposal made to the City, originally, and then to the Kansas Development Finance Authority. Piedmont has agreed to increase the amount and accelerate the timing of rehabilitation expenditures in order to address the intent of the City's policy regarding rehabilitation of existing housing properties. While the total rehab expenditure amount is less than the 20% required in the Industrial Revenue Bond Policy, Piedmont has agreed to be bound contractually to substantial reinvestment of income back into the property. The effect will be to break the cycle that is prevalent in affordable housing projects in which the developer spends a substantial amount at the time of acquisition, and then neglects the property until it becomes so run-down that it is sold at a low enough price to permit another infusion of rehab funding. Bond counsel for the transaction is the firm of Hinkle Eberhart & Elkouri, L.L.C. The bonds will privately placed with Muni Mae, an institutional investor who plans to resell all or a portion of the bonds into a trust. Interests in the trust will then be sold to institutional investors such as mutual funds. The principal and interest payments on the bonds will be paid by the bond trustee to the aforementioned trust. A portion of the bond payments will be passed through to the institutional investors hold interests in the trust, as tax-exempt income. These pass-through payments will be guaranteed by Merrill Lynch, who will receive fee income for its guaranty. Any residual cash flow from the bond payments not paid to the mutual funds or Merrill Lynch will be paid to Muni Mae. Piedmont has agreed to submit an Equal Employment Opportunity/Affirmative Action Plan and a Water Conservation Plan to the City, and to comply with all applicable Standard Letter of Intent Conditions, prior to the issuance of the bonds. Piedmont agrees to pay all costs of issuing the bonds and to pay the City's $2,500 administrative service fee for the term of the bonds. Piedmont has not requested an abatement of property taxes in conjunction with the issuance of industrial revenue bonds and agrees not to use its not-for-profit status to obtain a property tax exemption for the complex. The property is currently on the tax rolls. Council Member Ferris momentarily absent. Ken Cotillo Ken Cotillo, representing Olde English Manor Apartments, said that, in addition to the $1.2 million, the applicants also are committed to spending approximately $2 million on maintenance between years 10 through 30. An analysis of current tenants showed that the current profile fits the requirements for low income housing so no retenanting would be necessary. Council Member Kamen momentarily absent. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Fran Crowley Fran Crowley, Chisholm Creek Neighborhood Association, said the Association had not been able to get any information on Piedmont Foundation management practices and these practices are of concern. The Association would like to have a dialogue with the Piedmont Foundation about some of the plans. Council Member Kamen left the Bench. John Sanchez John Sanchez spoke of concern regarding property values and said he would like to meet with Piedmont Foundation to see their plans. Charles Caro Charles Caro, office owner across the street, spoke of concern about the plans. Council Member Kamen present. Allen Bell Financial Projects Director, responding to a question, said a formula for the amount of money to be put back into a project could be developed and requirement of a certain level could be incorporated into the bond documents. Council Member Gale momentarily absent. Carol Richardson Carol Richardson, retail center, asked for time to meet with the Piedmont Foundation to find out about the plans. Mayor Knight momentarily absent with Vice Mayor Gale in the Chair. Mike Hurd Mike Hurd, Attorney on behalf of Country Lakes, said the Letter of Intent is premature and requested a deferral to allow a CPO meeting on this subject. Council Member Cole momentarily absent. Council Member Ferris Council Member Ferris said any conditions desired can be put in place before bonds are issued. Piedmont Foundation can also be requested to meet with interested parties. Motion -- Rogers moved that issuance a Letter of Intent to the Piedmont Foundation, Inc. for multi-family Revenue Bonds in an amount not to exceed $8.75 million, subject to the Standard Letter of Intent Conditions, be approved and the Mayor be authorized to sign; and that the developer meet with the CPO and other interested -- carried parties and organizations. Motion carried 6 to 0. (Lambke absent) COMMUNITY ARTS CITYARTS CENTER. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-314 A. In 1996, the City Council approved the creation of a Community Arts Center project in the downtown area located at 225 West Lewis Street - adjacent to the Boathouse. This location was selected because the City owned this property and because of its central location within the East Bank development. The project was approved as a joint-venture, with funding support to be received from the private sector. In May, 1997, the City Council approved a design-build agreement to complete the project in development phases, depending upon the availability of funding. The first phase of the renovation work was completed in October, 1997, and included repair and/or replacement of walls, roof sections, doors, installation of lights, heating and air conditioning. The City's Cooperative Labor (inmate) program played a vital role in this project and allowed much of the interior demolition work to be accomplished with significant savings to the project. Additional work has been delayed pending additional resources. Several fund- raising events have been held and private donations received. In April, the City Council approved additional work as a result of receiving an additional $56,683 in private contributions. The relocation of the City's Arts & Crafts Center (from the Evergreen Center) is scheduled for next month. Once this is accomplished, all of the various public art classes and activities will originate from this downtown facility. When this is accomplished, this facility will further the Council goals of making the downtown area a cultural, recreational and entertainment center. Since CityArts is in close proximity to the Boathouse, these two facilities will be marketed together to provide locations for public activities and gatherings. When the Center is fully occupied, additional art and craft classes will be added, together with other features to accommodate the general public and art participants, including pottery, galley and exhibition space, stain and blown glass, photography, and other arts/crafts. Child care facilities will also be included to serve the current 660 enrollments/month. To complete the renovation and permit full utilization of the facility an additional $160,000 is required. These funds will be used to complete the Child care room, install the darkroom and computer graphic area, offices, signage, and necessary ADA facilities (i.e. elevator, etc.). The City has invested $276,500 in this project; private contributions to date total about $178,089 with additional funds anticipated from various fund raising events. Once the facility is fully occupied, it is anticipated that additional contributions and financial support will be received. In the meantime, it appears to be more cost effective to relocate operations from the Evergreen facility to this downtown facility to eliminate the need to fully support two buildings and to allow for the increasing enrollment in the arts/crafts classes to be accommodated. The additional $160,000 requested will be taken from savings in operational costs in the 1998 General Fund budget. Council Member Rogers momentarily absent. Council Member Ferris Council Member Ferris said the exterior would be painted as the color is not very attractive. Council Member Cole Council Member Cole reviewed the users of the Center which showed a percentage from each district, and said this is very much a City center. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Jenny Trevor Jenny Trevor urged approval of the project. Ms. Trevor also said recognition is a large use factor and the color of the building (plum) is a large recognition factor. Motion -- Cole moved that funding to complete the renovation of the CityArts building be approved, and that the external color of the building be reconsidered at a future -- carried time. Motion carried 6 to 0. (Lambke absent) NEIGHBORHOOD REVITAL. PUBLIC HEARING: NEIGHBORHOOD REVITALIZATION PLAN. Tom Smith Grants Projects Coordinator reviewed the Item. Agenda Report No. 98-185 B. On March 17 and April 7, 1998, City Council gave final consideration to the proposed Neighborhood Revitalization Plan. Subsequently, the Neighborhood Revitalization Plan was submitted to HUD who required two modifications be made. On May 12, 1998, the City Council approved the changes required by HUD. Because the changes required by HUD affect the Neighborhood Revitalization Area boundaries, the existing ordinance must be repealed, a public hearing held and an amended ordinance adopted. The proposed Neighborhood Revitalization Plan addresses the legal requirements for both the implementation of the State Neighborhood Revitalization Act and the HUD Neighborhood Revitalization Strategy Areas. The Neighborhood Revitalization Plan utilizes authority Kansas cities have under State law to provide tax rebates to owners in designated neighborhood revitalization areas as an incentive for improving private property. The Plan also focuses HUD, CDBG, and HOME funding in Local Investment Areas to provide a significant visual impact on specific areas and to provide an incentive for private investment. If approved, the Plan would begin July 1, 1998 and terminate June 30, 2003, unless extended by the City Council. The City Council will have the option to review the Plan annually (or sooner) and make any appropriate adjustments in the various elements of the Plan. The estimated financial impact on the City over the five year life of the plan is estimated at $200,915 for tax rebates. After five years, the City will capture the increased value of the properties receiving a tax rebate. The adoption of the amended ordinance and submittal of the Neighborhood Revitalization Plan to HUD will enable the City to enter into an Interlocal Agreement with Sedgwick County and USD #259 to participate in the plan. After the Interlocal Agreement has been approved by the City Council, it will be submitted to the Board of County Commissioners and the Board of Education for approval by those governing bodies. Review by their legal staffs may result in minor modifications to the document that could be approved by the City Attorney without requiring additional approval by the City Council. Any substantive changes to the Interlocal Agreement will require Council approval. Council Member Kamen momentarily absent. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Rogers moved that the public hearing be closed; the amended Neighborhood Revitalization Plan, and the Interlocal Agreement be approved (subject to minor modifications approved by the City Attorney) and the Mayor be authorized to sign; -- carried and the Ordinance be placed on first reading. Motion carried 6 to 0. (Lambke absent) ORDINANCE An Ordinance to adopt a Neighborhood Revitalization Plan and designate the areas within the City of Wichita, Kansas, to be included within such plan, and repealing Ordinance No. 43-771 of the City of Wichita, Kansas, introduced and under the rules laid over. PROPERTY AT 1137 NORTH BROADWAY. Chris Cherches City Manager reviewed the Item. Agenda Report No. 98-482. The City owns the historic property at 1137 Broadway and has leased it since 1976 for $1.00/year to Halfway House for Adults, Inc. Under the terms of the lease, the tenant is responsible for all general repairs and upkeep "in full compliance with the Uniform Building Code and Uniform Fire Codes" of the City. The lease is on a month-to-month basis and can be terminated by the City with a 30-day notice. Representatives from Halfway House for Adults, Inc., have submitted a request for the City to defray the cost of certain renovation work that is required for this residential structure. The tenant has estimated this work to cost over $100,000. To date, the City has over $147,850 invested in this property, including its acquisition in 1974. The City has received a request to provide funding for certain repairs and maintenance of the City-owned property currently being used as a halfway house. The majority of this work involves reconstruction of the porch, new drainage guttering, house painting, and other maintenance and repairs. City staff inspected the property on May 21, 1998 and estimate the repairs to the property, including the north drive-way, at $76,449. Currently, the property is in violation of City Codes. In 1996, a request was made for CDBG funding in the amount of $35,000; however, this request was made too late for consideration. Since that time, this Agency has not submitted funding applications for CDBG funding. Recently, this matter was brought to the Historic Preservation Board who adopted a resolution in support of City funding support for this property. The City Council has other alternatives for considerations, including but not limited to: Option #1 - Require the tenant to make the required repairs or terminate the lease of the property to Halfway House for Adults, Inc. [The City could assist in helping relocate the Agency to other locations.] Option #2 - Sell the property to a new private owner to restore (possibly a historic revolving loan could be made to assist in the restoration). Option #3 - City make the repairs and require a monthly rent sufficient to maintain the property in the future. Option #4 - Make a loan to the Halfway House for Adults of, for example, 80 percent of the costs for repairs at an interest rate of 8.5%, requiring the Agency to provide a 20 percent match. The City does not have any unallocated CDBG funds to perform the necessary repairs/maintenance. However, there may be unexpended CDBG funds after July 1st when the current grant fiscal year ends. Should the City Council wish to fund improvements to this property, future CDBG allocations could be reserved or a portion of the historic preservation loan funds could be allocated in the form of a loan to the Halfway House for Adults, Inc. This property is estimated to have a value of slightly over $50-$60,000. Spending over $100,000 to make repairs, in addition to the $147,000 previously expended to acquire and renovate this facility, is economically questionable. The City's lease requires the tenant to provide the necessary repairs and maintenance of this property. However, the City has the option of funding these repairs and/or terminating the lease and selling the property. Council Member Cole Council Member Cole said she was leaning towards an option which combines the first four options listed on the Agenda Report. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- carried Cole moved that this Item be deferred to June 16, 1998. Motion carried 6 to 0. (Lambke absent) CITY COUNCIL AGENDA ADMINISTRATIVE JUDGE APPOINTMENT OF ADMINISTRATIVE JUDGE. Motion -- carried Knight moved that this Item be deferred one week. Motion carried 6 to 0. (Lambke absent) COUNCIL PROCEDURES DISCUSSION OF CITY COUNCIL PROCEDURES. (Requested by Council Member Rogers) Motion -- carried Rogers moved that this Item be deferred one week. Motion carried 6 to 0. (Lambke absent) APPOINTMENTS BOARD APPOINTMENTS (FOR TERMS EXPIRING JUNE 30, 1999) Board of Appeals of Air Conditioning, Refrigeration, Warm Air Heating and Boilers (2 appointments - Mobile Home Mechanic and Architect - Council at large) Civil Rights and Services Board (Rogers) Commission on the Status of People with Disabilities (Cole) Human Services Board (Council at large) Wichita Athletic Commission (3 appointments - Council at large) Wichita Commission on the Status of Women (2-Lambke) Wichita Transit Advisory Board (Rogers) There were no appointments made. NOTICE OF VACANCY - CONVENTION AND TOURISM COMMITTEE One vacancy (Knight), due to the resignation of Jane Gilchrist, for a term expiring June 30, 1999. Appointment will be made June 16, 1998. NOTICE OF VACANCY - BOARD OF HOUSING COMMISSIONERS One vacancy (Cole), due to the resignation of Elizabeth Wilder, for a term expiring June 30, 1999. Appointment will be made June 16, 1998. NOTICE OF VACANCY - TRAFFIC COMMISSION One vacancy (Kamen), due to the resignation of Sam Woodburn, for a term expiring June 30, 1999. Appointment will be made June 16, 1998. CONSENT AGENDA Knight moved that the Consent Agenda, except Items 37 and 38, be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Lambke absent) BOARD OF BIDS REPORTS OF THE BOARD OF BIDS AND CONTRACTS DATED MAY 26, 1998, AND JUNE 1, 1998. At 10:00 a.m., Friday, May 22, 1998, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes May 26, 1998) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains as per specifications Water Main in Maple Street from 119th Street West to Maize Road (north of Kellogg, east of 119th Street West). (448-89129/633552/544540) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-6-98) (District V) Wildcat Construction Company $315,840.04 Lateral 15, Cowskin Interceptor Sewer to serve Auburn Hills Fifth Addition (north of Kellogg, east of 151st Street West). (468-82806/743492/480440) Does not affect existing traffic. (Council approval date 2-10-98) (District V) Mies Construction Co., Inc. - $345,170.00 Lateral 20, Main 13, Southwest Interceptor Sewer to serve Lindsay's Orchard Addition (north of Pawnee, west of Maize. (468-82809/743450/480436) Does not affect existing traffic. (Council approval date 2-10-98) (District V) Ditch Diggers - $43,389.00 Water Distribution System to serve Lindsay's Orchard Addition (north of Pawnee, west of Maize). (448-89235/734442/470522) At least one lane of traffic on Lark to be maintained through construction. (Council approval date 2-10-98) (District V) Ditch Diggers - $20,096.50 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. (Lambke absent) GENERAL GOVERNMENT OFFICE OF CENTRAL INSPECTION DEPARTMENT/NEIGHBORHOOD IMPROVEMENT DIVISION: Rehabilitation of Two (2) Single Family Houses (616946) Baker Construction - $37,221.60 (Lump Sum Total-Group I) - $32,221.18 (Lump Sum Total-Group II) PARK DEPARTMENT/MAINTENANCE DIVISION: Food Service Equipment for South Lakes Sports Complex (785576) American Fun Food Co., Inc. - $54,045.00 (Total Net Bid) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 6 to 0. (Lambke absent) At 10:00 a.m., Friday, May 29, 1998, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes June 1, 1998) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains as per specifications Reconstructing a portion of Main 3, War Industries Sewer in Fabrique (north of Mt. Vernon, west of Woodlawn. (468-82785/623314/533323) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 1-6-98) (District III) H D Mills & Sons - $125,275.00 Lateral 132, War Industries Sewer to serve Turtle Run Third Addition (south of Pawnee, west of Webb). (468-82589/743443/480435) Does not affect existing traffic. (Council approval date 4-2-96) (District II) KC Excavating - $51,132.00 50th Street South from the east line of Stonebriar Addition, west to the east line of Mt. Carmel; Mt Carmel from the west line of 50th Street South, south to the south line of Lot 36, Block 1; and on Custer, from the south line of 50th Street South, south to the south line of Lot 3, Block 3; Custer Circle from the north line of 50th Street South, north to and including the cul-de-sac; and Sidewalk along the south side of 50th Street South, the west side of Mt. Carmel to serve Stonebriar Addition (west of Meridian, south of 47th Street South). (472- 82766/764845/490586) Does not affect existing traffic. (Council approval date 3-24-98) (District IV) Cornejo & Sons - $173,439.25 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. (Lambke absent) WATER & SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: Liquid Sulfur Dioxide (184754) Advance Chemical Distribution Inc. - $ 429.00 (cost per ton) - $1,200.00 (refundable cylinder deposit) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 6 to 0. (Lambke absent) LICENSE APPLICATIONS APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES. Renewal 1998 (Consumption on Premises) Andy Nguyen Cantonese Chinese* 403 North Seneca (Consumption off Premises) Wayne Anderson Tyler 66 #27747 1254 South Tyler Road Loan H. Le KC Gas & Groes #1 1102 West Maple Benjamin J. Schultz T & E Oil Co. 10304 West 13th Street dba Amoco Food Service Roy E. Brockmeier Quik Trip #313 3164 South Hillside Roy E. Brockmeier Quik Trip #315 1530 South Maize Roy E. Brockmeier Quik Trip #320 1021 West 31st Roy E. Brockmeier Quik Trip #321 6011 West Central Roy E. Brockmeier Quik Trip #325 1414 North Oliver Roy E. Brockmeier Quik Trip #326 2010 South Broadway Roy E. Brockmeier Quik Trip #328 2801 South Hydraulic Roy E. Brockmeier Quik Trip #329 5602 East Harry Roy E. Brockmeier Quik Trip #343 242 South Tyler Roy E. Brockmeier Quik Trip #345 4020 South Meridian Roy E. Brockmeier Quik Trip #347 1532 South Seneca Roy E. Brockmeier Quik Trip #349 1112 West Douglas Roy E. Brockmeier Quik Trip #353 110 South Rock Road Roy E. Brockmeier Quik Trip #356 4808 South Hydraulic Roy E. Brockmeier Quik Trip #358 7120 West 21st Roy E. Brockmeier Quik Trip #360 3933 West 13th Roy E. Brockmeier Quik Trip #368R 626 West 21st North Roy E. Brockmeier Quik Trip #369 3216 East Harry Roy E. Brockmeier Quik Trip #371 2838 West Central Roy E. Brockmeier Quik Trip #372 3106 South Pawnee Roy E. Brockmeier Quik Trip #373 1610 East Lincoln Roy E. Brockmeier Quik Trip #374 10315 West 13th Roy E. Brockmeier Quik Trip #376 2106 South Rock Road Roy E. Brockmeier Quik Trip #378 5611 South Broadway Roy E. Brockmeier Quik Trip #379 4811 South Seneca Roy E. Brockmeier Quik Trip #384R 2510 West Pawnee Roy E. Brockmeier Quik Trip #386 1010 East Douglas Roy E. Brockmeier Quik Trip #388 7991 East 37th North Roy E. Brockmeier Quik Trip #389 4730 East Central Roy E. Brockmeier Quik Trip #391 730 North Broadway Roy E. Brockmeier Quik Trip #396 333 South West *General/Restaurant -- 50% or more of gross receipts derived from sale of food. Motion -- Knight moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Lambke absent) PLANS AND SPECS PLANS AND SPECIFICATIONS. a. Water Distribution System to serve West Lynn Seventh Addition (west of West St., north of 13th Street) (448-89108/733568/470-434) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14- 97) (District V) b. Water Distribution Lines to serve an area generally bounded by 46th Street North, Little Arkansas River, 49th Street North and Arkansas Avenue (448-89216 734194) and an area generally bounded by 49th Street North, Seneca Street, 53rd Street North and Arkansas Avenue. (448-89244 734376), Phase II (west of Arkansas Avenue, south of 53rd Street North). (448-89216/89244/734194/734376/ 470497/470- 515) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 11-4-97/3-17-98) (District VI) c. 1998 Water Main Replacement Program - South Group (east of Broadway, north of Pawnee). (448-89197/634832/544-138) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-6-98) (District III & VI) d. 1997-1998 CDBG Planeview Pedestrian Bridge, Sidewalk and Light (south of Pawnee, east of Hillside). (618611/805007) Does not affect existing traffic. (Council approval date 3-4-97) (District III) Motion -- Knight moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., June 12, 1998. Motion carried 6 to 0. (Lambke absent) SUBDIVISION PLANS AND SPECIFICATIONS. a. Doris to serve Eck 4th, Bratcher 2nd, Bob Carter, Donna's 3rd Additions & R. A. Morris Tracts (south of 13th St N, east of Hoover). (472- 82807/764472/490550) Streets will be closed. (Council approval date 8-12-97) (District 5) b. Memory Lane to serve Eck 4th, Bratcher 2nd, Bob Carter, Donna's 3rd Additions & R. A. Morris Tracts (south of 13th St N, east of Hoover). (472- 82808/764480/490551) Streets will be closed. (Council approval date 8-12-97) (District 5) c. Curtis Street to serve Eck 4th, Bratcher 2nd, Bob Carter, Donna's 3rd Additions & R. A. Morris Tracts (south of 13th St N, east of Hoover). (472- 82809/764498/490552) Streets will be closed. (Council approval date 8-12-97) (District 5) d. 11th Street to serve Eck 4th, Bratcher 2nd, Bob Carter, Donna's 3rd Additions & R. A. Morris Tracts (south of 13th St N, east of Hoover). (472- 82810/764464/490549) Streets will be closed. (Council approval date 8-12-97) (District 5) e. Water Distribution System to serve Turtle Run 3rd Addition - Phase 2 (south of Pawnee, west of Webb). (448-89026/734418/470519) Does not affect existing traffic. (Council approval date 3-27-96) (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., June 12, 1998. Motion carried 6 to 0. (Lambke absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. Water Distribution System to serve Lindsay's Orchard Addition (north of Pawnee, west of Maize). (448-89235/734442/470-522) At least one lane of traffic on Lark to be maintained through construction. (Council approval date 2-10-98) (District V) - $33,000.00 b. Lateral 20, Main 13, Southwest Interceptor Sewer to serve Lindsay's Orchard Addition (north of Pawnee, west of Maize). (468-82809/743450/480-436) Does not affect existing traffic. (Council approval date 2-10-98) (District V) - $71,000.00 c. Lateral 15, Cowskin Interceptor Sewer to serve Auburn Hills Fifth Addition (north of Kellogg, east of 151st Street West). (468-82806/743492/480-440) Does not affect existing traffic. (Council approval date 2-10-98) (District V) - $609,000.00 d. Sidewalk on the south side of 33rd Street South between Handley and Osage to serve Brentwood Addition (east of Seneca, south of 31st Street South). (472- 82892/764720/490-574) Does not affect existing traffic. (Council approval date 12- 16-97) (District IV) - $6,000.00 e. Water Main in Maple Street from 119th Street West to Maize Road (north of Kellogg, east of 119th Street West). (448-89129/633552/544-540) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-6-98) (District V) - $414,480.78 Motion -- Knight moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Lambke absent) STATEMENTS OF COST STATEMENTS OF COST. a. (Amended) Third Partial Estimate of Cost for the Oliver, 25th Street to 35th Street North Improvements - Current Expenditures - $630,000.00 (less financing previously issued - $543,000.00). Financing to be issued at this time - $87,000.00 (472-82588/706184/04-405-172) b. (Second Partial) Estimate of Cost for improving Broadway from Douglas to Central - $10,000.00. Financing to be issued at this time - $10,000.00 (472- 82181/706481/405-202) c. 1994 Railroad Crossing Program, Phase II. Total Cost - $147,567.36 (plus idle fund interest - $4,638.00; plus temporary notes - $406.08; less financing previously issued - $123,455.00). Financing to be issued at this time - $29,156.44 (472-82528/710152/410-066) d. (Third Partial) Estimate of Cost for Central Business District Signals - $184,000.00 (less financing previously issued - $165,500.00). Financing to be issued at this time - $18,500.00 (472-82637/710160/410-067) e. (Final) Statement of Cost for the Space Utilization and Remodeling Project - $779,155.00 (less financing previously issued - $779,155.00). Financing to be issued at this time - $0.00 (04/435-040) f. (Final) Statement of Cost for the Allis Hotel Demolition - Current Expenditures (including interest deficit) - $3,814,293.00 (less financing previously issued - $3,493,873.00; less other revenues - $320,420.00). Financing to be issued at this time - $0.00. (04/435-064) g. (Final) Statement of Cost for the Relocation of the Northeast Library - Current Expenditures (including deficit interest) - $264,396.00 (Plus temporary note charges - $210.00; less financing previously issued - $212,775.00; less other revenues - $40,000.00). Financing to be issued at this time - $11,831.00 (04/435- 085) h. (Final) Statement of Cost for the Science Center - Current Expenditures (including deficit interest) - $1,933,737.00 (plus temporary financing costs - $18,522.00; less previous financing - $1,769,535.00; less other revenues - $84,240.00). Financing to be issued at this time - $98,484.00 (04/435-119) i. (Final) Statement of Cost for the Riverbank Improvements (previous financing) - $100,000.00 (less Current Expenditures - $100,000.00). Financing to be issued at this time - $0.00. (04/435-125) j. (Final) Statement of Cost for the Lawrence Dumont Stadium Improvements (second partial estimated cost, including interest deficit) - $245,000.00 (less financing previously issued - $245,000.00). Financing to be issued at this time - $0.00. (04/435-140) k. (Final) Statement of Cost for the Century II Stage Upgrade - $377,000.00 (plus temporary financing costs - $3,872.00; less financing previously issued - $378,225.00). Financing to be issued at this time - $2,647.00 (04/435-149) l. (Third) Estimate of Cost for the Land by the Ice Rink - Current Expenditures (including deficit interest) - $1,330,000.00 (plus temporary financing costs - $1,300,00; less financing previously issued - $994,300,00; less other revenues - $1,000.00). Financing to be issued at this time - $336,000.00 (04/435-152) m. (First Partial) Estimate of Cost for the Fire Suppression System - $25,000.00 Financing to be issued at this time - $25,000.00 (04/435-155) n. (Final) Statement of Cost for the MAAIC Improvements (including deficit interest) - $145,794.00 (plus temporary financing costs - $607.00 less financing previously issued - $130,000.00). Financing to be issued at this time - $16,401.00 (04/-435-157) o. (Second Partial) Estimate of Cost for the Fire Facility Repairs and Modifications - $397,520.00 (less financing previously issued - $300,000; less other revenues - $40,520.00). Financing to be issued at this time - $57,000.00 (04/435-170) p. (Final) Statement of Cost for the Fire Apparatus Replacement Project - $496,299.00 (plus temporary financing costs - $12,984.00; less financing previously issued - $0.00). Financing to be issued at this time - $509,283.00 (04/435-182) q. (Final) Statement of Cost for the Fire Facility Repairs and Modifications Project - $79,360.00 (plus temporary financing costs - $2,973.00; less financing previously issued - $0.00). Financing to be issued at this time - $82,333.00 (04/435-192) r. (First Partial) Estimate of Cost for Fire Station #18 - $821,935.00 Financing to be issued at this time - $823,435.00 (04/435-196) s. (First Partial) Estimate of Cost for Wayfinding Signage/Graphics - $34,000.00. Financing to be issued at this time - $34,000.00 (04/435-203) t. (Second Partial) Estimate of Cost for Swanson Park Improvements - Current Expenditures (including deficit interest) - $163,100.00 (less financing previously issued - $35,000.00). Financing to be issued at this time - $128,100.00 (04/440- 066) u. (Final) Statement of Cost for the Bikeway System - Current Expenditures (including deficit interest) - $63,976.00 (less financing previously issued - $63,976.00). Financing to be issued at this time - $0.00. (04/440-070) v. (Final) Statement of Cost for the Pawnee Prairie Park Site Improvements (previous financing) - $100,326.00 (less Current Expenditures - $100,326.00). Financing to be issued at this time - $0.00. (04/440-071) w. (Final) Statement of Cost for the Land Acquisition - Current Expenditures (including deficit interest) - $194,822.00 (less financing previously issued - $184,436.00). Financing to be issued at this time - $10,386.00 (04/440-073) x. (AMENDED Third Partial) Estimate of Cost for Land Acquisition at 3725 East 71st Street South - Current Expenditures (including deficit interest) - $135,400.00 (less financing previously issued - $82,300.00). Financing to be issued at this time - $53,100.00 (04/440-075) y. (Final) Statement of Cost for Park Building Repairs - Current Expenditures (including deficit interest) - $100,000.00 (plus temporary financing costs - $1,824.00; less financing previously issued - $0.00). Financing to be issued at this time - $101,824.00 (04/440-085) z. (Final) Statement of Cost for Land Acquisition Project - Current Expenditures (including deficit interest) - $99,101.00 (plus temporary financing costs - $1,806.00; less financing previously issued - $0.00). Financing to be issued at this time - $100,907.00 (04/440-089) aa. (Final) Statement of Cost for Wildwood Park Improvements - Current Expenditures - $46,488.00 (plus temporary financing costs - $828.00; less financing previously issued - $0.00). Financing to be issued at this time - $47,316.00 (04/440-098) bb. (SUPPLEMENTAL First Partial) Estimate of Cost for the Water Slides Project - Current Expenditures (including deficit interest) - $49,100.00 (less financing previously issued - $0.00). Financing to be issued at this time - $49,100.00 (04/440-099) cc. (First Partial) Estimate of Cost for Eight Transit Coaches (WMTA) - $380,000.00. Financing to be issued at this time - $380,000.00 (05/522-027) dd. (Final) Statement of Costs for the Cessna 21st Street Facility - Current Expenditures (including deficit interest) - $5,441,521.00 (plus temporary note financing - $41,479.00; less financing previously issued - $1,629,000.00; less HUD Section 108 Revenues - $3,610,000.00). Financing to be issued at this time - $244,000.00 (08/802001) Motion -- Knight moved that the Statements of Cost be approved and filed. Motion -- carried carried 6 to 0. (Lambke absent) 100 PERCENT PETITION FOR WATER DISTRIBUTION SYSTEM TO SERVE PART OF ARBOR LAKES ESTATES (SOUTH OF HARRY, WEST OF 159TH STREET EAST). (District II) Agenda Report No. 98-482. The Petition has been signed by one owner representing 100% of the improvement district. The project will provide water service to a new single-family development located east of Wichita's City limits. The estimated project cost is $112,000. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Lambke absent) RESOLUTION NO. R-98-222 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89269 (south of Harry, west of 159th Street East) 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. (Lambke absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. 100 PERCENT PETITION FOR WATER DISTRIBUTION SYSTEM TO SERVE WEST CENTRAL GARDENS ADDITION (WEST OF GILDA, NORTH OF CENTRAL). (District V) Agenda Report No. 98-483. The Petition has been signed by two owners that own 100% of the improvement district area. The Petition is a lot split requirement. The estimated project cost is $2,000. The funding source is special assessments. Motion -- Knight moved that the Petition be approved and the Resolution be adopted. -- carried Motion carried 6 to 0. (Lambke absent) RESOLUTION NO. R-98-223 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89252 (west of Gilda, north of Central) 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. (Lambke absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. BOARDS MINUTES MINUTES OF ADVISORY BOARDS. Board of Code Standards and Appeals, 5-14-98 CPO Northeast Council 1, 5-11-98 CPO Northeast Council 1, 5-19-98 CPO East Council 2, 5-18-98 CPO Southeast Council 3, 5-14-98 CPO Southwest Council 3, 5-14-98 CPO Northwest Council 5, 5-13-98 CPO North Central Council 6, 5-13-98 Commission on the Status of People With Disabilities, 4-29-98 Human Services Board, 4-28-98 Metropolitan Area Planning Commission (MAPC), 4-30-98 Wichita Airport Authority, 4-20-98 Wichita Public Library, 5-19-98 Motion -- carried Knight moved that the Minutes be received and filed. Motion carried 6 to 0. (Lambke absent) STREET CLOSURES/USES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDED APRIL 30, 1998. Motion -- carried Knight moved that the Report be received and filed. Motion carried 6 to 0. (Lambke absent) CLAIMS ALLOWED REPORT ON CLAIMS ALLOWED - APRIL 1998. Name of Claimant Amount Kristen E. Weisbrodt/ \State Farm Insurance $1,174.78 Southwestern Bell $ 490.11 Mark Reimschisel $ 122.62 Lindsie L. Kramer $ 243.76 Larry G. Wood $ 265.41 DeAudre' L. Brown $1,789.34 Mrs. Margaret Echols $ 159.00 Dennis C. Gleeson $1,870.00 Richard A. Armbrust $ 129.73 Pat Roberts $ 334.35 Southwestern Bell $1,967.45 Motion -- carried Knight moved that the Report be received and filed. Motion carried 6 to 0. (Lambke absent) LEO AGREEMENT LOCAL ELECTED OFFICIALS AGREEMENT. Agenda Report No. 98-484. The Job Training Partnership Act (JTPA) provides funds to states to establish programs which prepare youth and adults for entry into the labor force. Under JTPA each state is divided into Service Delivery Areas (SDAs). The City of Wichita is in SDA IV which is comprised of the counties of Butler, Cowley, Sumner, Harper, Kingman, and Sedgwick. Within each SDA a governing structure is established between Local Elected Officials (LEOs), who are represented by a LEO Board in SDA IV, and private and public sector representatives who are appointed to a Private Industry Council. This governing structure is responsible for policy, program development, and oversight of JTPA programs generated within the SDA. The Local Elected Officials Agreement of SDA IV codifies the framework and responsibilities of the LEO Board for this area. The LEO Agreement is required by JTPA and the Kansas Department of Human Resources' (KDHR) Kansas Employment and Training Policy and Procedures Handbook. KDHR administers and distributes JTPA funds at the state level. This LEO Agreement, which takes effect on July 1, 1998 and runs through June 30, 2000, contains no substantive changes from the Agreement executed by each of the SDA IV counties and the City of Wichita in June of 1996. LEO Board duties include: appointment of representatives to SDA IV's PIC; and, in conjunction with the PIC, to approve and be responsible for submission of SDA IV's Job Training Plan and any subsequent modifications to that plan; to select SDA IV's JTPA grant recipient(s) and administrative entity(ies); and to be responsible for oversight of JTPA programs in SDA IV. The Agreement provides for LEO Board membership to be comprised as follows: the Mayor of Wichita, two members from the Wichita City Council, the Sedgwick County Commission Chair, and one county commission chair who represents the interests of the remaining SDA IV counties of Butler, Cowley, Harper, Kingman, and Sumner. The agreement sets up a LEO structure for local governance of federal JTPA funds and obligates no general fund moneys. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Lambke absent) CONSULTANT AGREEMENT FOR DESIGN SERVICES FOR PRAIRIE WOODS SECOND ADDITION (NORTH OF PAWNEE, WEST OF MAIZE ROAD). (District V) Agenda Report No. 98-485. The City Council approved the Prairie Woods 2nd Addition plat on April 14, 1998. The Agreement between the City and Mid-Kansas Engineering Consultants, Inc. provides for the design of Lateral 396, Southwest Interceptor Sewer; Storm Water Sewer Number 500; Water Distribution System Number 448-89256; paving Lark and sidewalk. Mid-Kansas Engineering Consultants, P.A. provided subdivision engineering services for this addition, therefore, they can expedite construction plan preparation. Payment will be on a lump sum basis of $60,415.00. The funding source is special assessments. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Lambke absent) CONSULTANT AGREEMENT FOR DESIGN SERVICES FOR LINDSAY'S ORCHARD ADDITION (NORTH OF PAWNEE, WEST OF MAIZE). (District V) Agenda Report No. 98-486. The City Council approved the Lindsay's Orchard Addition plat on February 10, 1998. The proposed Agreement between the City and Savoy, Ruggles & Bohn P.A. provides for the design of Lindsay's Orchard Addition. Savoy, Ruggles & Bohn P.A. provided subdivision engineering services for this addition, therefore, they can expedite construction plan preparation. Payment will be on a lump sum basis of $18,300.00 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. (Lambke absent) WATER MASTER PLAN WATER MASTER PLAN - CONTRACT AGREEMENT. (All Districts) Agenda Report No. 98-487. The City of Wichita provides treated drinking water to 331,000 people. This population is projected to increase to over 438,000 by the year 2010. To ensure that future water needs of the service area are met, the City of Wichita Water & Sewer Department requires an objective engineering evaluation of its water system. The purpose of this is to develop a long-range Water System Master Plan through 2010. On January 6, 1998, the City Council authorize the project expenditures in 1998 for the update of the Water Master Plan. Camp, Dresser & McKee, author of the completed Water Master Plan, recommended updating the plan every five (5) years (assuming a 20-year design period in the master plan). This allows corrections to be made as future conditions and/or historical events dictate. Demand projections and recommended improvements will be re-evaluated. Further recalibration of the water system hydraulic model and updating of water system model computer software is recommended. The Staff Screening and Selection Committee conducted interviews on Monday, April 27, 1998. Black & Veatch, LLP, Consultant Engineers were selected per Administration Regulation #7. The amount of the design contract is $298,000. This project (CIP #W-526) is budgeted for $350,000 for 1998 from revenue bond proceeds and/or Water Utility cash reserves. Motion -- Knight moved that the Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Lambke absent) CONSULTANT AGREEMENT SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR STORM WATER SEWER NO. 495 (SOUTH OF 21ST STREET NORTH, WEST OF RIDGE ROAD). (District V) Agenda Report No. 98-488. Agreement requires Austin Miller to provide construction engineering services for Storm Water Sewer No. 495. Payment will be on lump sum basis in the amount of $5,820. Funding source is Special Assessments. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Lambke absent) WET WEATHER HOLDING WET WEATHER HOLDING FACILITY - SUPPLEMENTAL AGREEMENT. (Districts I, II & III) Agenda Report No. 98-489. On January 28, 1997, the City Council authorized the design and construction of a Wet Weather Facility on War Industries Sewer. Professional Engineering Consultants (PEC) was selected to design the facility. In the course of their facility design study, PEC found that additional analysis of the system was required to evaluate the facility. In the system analysis PEC determined that if additional sewers were constructed, sewer backup problems and future growth capacity would be resolved. In the course of design, additional work was needed, partially due to an error discovered in the historical records. The supplementary contract is for the design of these recommended improvements. The amount of the supplemental design contract is $15,662. The budget for CIP #S- 322 is $4.9 million with an available appropriation of $4.79 million. This project (CIP #S-322) is a subproject of Interceptor Relief Sewers (CIP #S-315) and will be paid from Sewer Utility cash reserves and/or a future bond issue. Motion -- Knight moved that the Supp. Agreement be approved and the Mayor be authorized to -- carried execute. Motion carried 6 to 0. (Lambke absent) COMPUTER SYSTEM CHANGE MUNICIPAL COURT COMPUTER SYSTEM CHANGE. Agenda Report No. 98-490. Docket listings for Municipal Court sessions currently list the defendant's name, case number, pending charges, type of hearing and attorney assigned. In environmental court, the neighborhood associations and neighbors to housing code violations frequently attend the sessions to speak at the hearings or follow the case. Since the docket listing does not show the address of the violation, the neighbors frequently do not know when the case they have an interest in is being heard. The Uniform Criminal Complaint form is used by Central Inspection to charge defendants with housing code violations. This form can be used to capture the data on violation address. However, the computer system must be modified to store and report this data. The requested computer change will modify the input screens, data storage and reporting formats to accommodate the requests of the neighborhoods. Court staff has estimated the cost for this modification to be $25,000. The Funds for this purchase are available in the Municipal Court Task Force Public Safety Initiative project budget. The Purchasing Ordinance No. 35-856, Section 2(b) provides for the purchase of equipment and supplies from sole sources of supply without advertising for bids. Motion -- Knight moved that the purchase of system maintenance from Public Research -- carried Corporation in the amount of $25,000 be approved. Motion carried 6 to 0. (Lambke absent) AIRPORT PROJECT CAPITAL PROJECT INITIATION - (WICHITA AIRPORT AUTHORITY). Agenda Report No. 98-491. The project is Underground Storage Tanks (#500330) and represents improvements that will be made to Mid-Continent Airport subject to further action and approval by the Wichita Airport Authority. The initiation was first increased by the Authority on October 20, 1997, and by the City Council on October 28, 1997. The initiation was increased a second time by the Authority on May 18, 1998. The project has been included in a Capital Improvement Program of the City of Wichita. The previously initiated amount is being increased to include the third and final phase of this project which is the removal of the Landscape underground storage tank. The maximum permanent financing term for this entire project would be 15 years. 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 estimated maximum debt to be incurred, based on the best present information, is $105,000 (an increase of $20,000). Motion -- Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Lambke absent) RESOLUTION NO. R-98-224 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 Wichita Mid-Continent 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. (Lambke absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. BRIDGE CONSTRUCTION 1998-1999 BRIDGE CONSTRUCTION PROGRAM. (Districts I, II, III, V, and VI) Agenda Report No. 98-492. The 1998-1999 Capital Improvement Program includes funds to improve six bridges. The bridges to be reconstructed are: 25th St. Bridge at the West Drain (CIP No. B-9203, page 97) 37th St. Bridge at the Little Arkansas River (CIP No. B-9502, page 100) 119th St. West Bridge at Calfskin Creek (CIP No. B-123, page 103) Eastern St. Bridge at Gypsum Creek (CIP No. B-122, page 112) Mt. Vernon Bridge at Gypsum Creek (CIP No. B-9201, page 121) Murdock Avenue Bridge at the Drainage Canal (CIP No. B-9204, page 122) The program budget is $3,730,000, with $2,185,000 paid by the City and $1,545,000 paid by federal grants administered by the Kansas Department of Transportation. The funding source for the City share is General Obligation Bonds. All of these bridge projects will require complete street closures in order to accomplish the necessary bridge rehabilitation and reconstruction work. Motion -- Knight moved that the project and street closures be approved; and the Ordinance -- carried be placed on first reading. Motion carried 6 to 0. (Lambke absent) ORDINANCE An Ordinance declaring the Mt. Vernon Bridge over Gypsum Creek, 25th Street North Bridge over the West Drain, 37th Street North Bridge over the Little Arkansas River, 119th Street West Bridge over Calfskin Creek, Eastern Street Bridge over Gypsum Creek, Murdock Avenue Bridge over the Drainage Canal (1998- 1999 Bridge Construction Program) to be a main trafficway within the City of Wichita, Kansas; declaring the necessity of and authorizing certain improvements to said main trafficway; and setting forth the nature of said improvements, the estimated costs thereof, and the manner of payment of same, introduced and under the rules laid over. PROPERTY DISPOSITION SALE OF SURPLUS PROPERTY NEAR FOUNTAIN AND KELLOGG. Agenda Report No. 98-493. The sale parcel was purchased on July 5, 1996 as part of a larger assemblage for the Kellogg/Oliver Interchange project. Due to the configuration of the property, approximately 5,000 square feet at the north of the parcel will lie outside the right-of-way line for the project. While original plans called for landscaping and walling the tract, it is considered surplus to the project. The surplus area is described as the North fifty feet of lots 33,34, 35 and 36 , block 7, Merriam Park Place Addition to Wichita. This parcel is landlocked making the adjacent owners the only buyers. One of the adjacent owners, Chris Kaiser, has offered $1,250 for the remnant. KDOT has approved the release of the parcel. A local Realtor has estimated the value of the tract at $1,200. The sale price of $1,250 equates to $.25 per square foot, which approximates the value receive for other remnants. By selling the parcel, the amount of wall needed for the project will be reduced, resulting in a saving of approximately $8,600. Also, the flow of the project boundary will be more homogeneous. The City will receive cash consideration of $1,250 for the sale of the property. In addition, savings of approximately $8,600 in construction costs will be realized. The sale of this property to a private party will place the parcel back on the tax rolls. Motion -- Knight moved that the property be declared as surplus and designated as available -- carried for sale to the general public. Motion carried 6 to 0. (Lambke absent) SKATING COMPETITION REGIONAL SKATING COMPETITION SUPPORT. Agenda Report No. 98-494. The City constructed the Ice Center with enhancements (Olympic ice and spectator seating) specifically to attract competitive events. The Wichita Figure Skating Club has been sanctioned by the United States Figure Stating Association to hold the Southwestern Regional Figure Skating Championships in Wichita, October 24- 31, 1998. The Southwestern Regional is a qualifying competition for the United States Nationals. This regional competition will bring 450 skaters and their families to Wichita. It will also bring 150 coaches, judges and other officials. The event involves 250 hours of ice time at the Ice Center. The budget for this event totals $100,000. The United States Figure Skating Association has awarded a grant in the amount of $18,000 (the highest grant yet awarded by the USFSA for this type of events). The event sponsors are seeking community support for the balance of the costs. The City has been requested to provide $7,500 toward the sponsorship of this event. This event is the equivalent of a small convention with 600 principal participants plus family members and other out-of-city spectators over an eight day period. Competitors will come from a large region, including Arkansas, Arizona, California, Colorado, Illinois, Indiana, Missouri, Nebraska, New Mexico, Ohio, Oklahoma, Texas and Wyoming. The event will also afford Wichitans an opportunity to see competitive figure skating at the highest level. The funding for the City support of this event will be from the Tourism & Convention Fund. Motion -- Knight moved that City financial support for the Southwestern Regional Figure Skating Championships be approved in the amount of $7,500 to be funded from the -- carried Tourism & Convention Fund. Motion carried 6 to 0. (Lambke absent) (Item No. 37) PROPERTY ACQUISITION JUDGMENT IN INVERSE CONDEMNATION CASE - ICE RINK PROPERTY. (District VI) Motion -- carried Ferris moved that this Item be deferred two weeks. Motion carried 6 to 0. (Lambke absent) (Item No. 38) FIRE VEHICLES DISPOSAL OF FIRE VEHICLES. Motion -- Kamen moved that this Item be deferred one week; and that Staff give him a copy -- carried of what was sent out for bids. Motion carried 6 to 0. (Lambke absent) STREET LIGHTING STREET LIGHT RESOLUTION #2-98. Motion -- carried Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Lambke absent) RESOLUTION NO. R-98-225 A Resolution authorizing and directing Kansas Gas and Electric, a Western Resources Company, to install and/or change certain street lights in the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 6 to 0. (Lambke absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. ORDINANCES SECOND READING ORDINANCES. (First Read May 19, 1998) a. Hotel at Old Town. (District VI) Note: At the request of the Hotel at Old Town, this Ordinance will be on second reading June 9, 1998. b. Tax Exemption Request - Cox Machine, Inc. (District V) ORDINANCE NO. 43-894 An Ordinance exempting property from ad valorem taxation for economic development purposes pursuant to Article 11, Section 13, of the Kansas Constitution; providing the terms and conditions for ad valorem tax exemption; and describing the property of Cox Machine, Inc., so exempted, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Lambke absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. c. Kellogg/Dugan Improvements. (District V) ORDINANCE NO. 43-895 An Ordinance of the City of Wichita, Kansas, amending Ordinance No. 42-565 of the City, in order to restate the estimated cost of improvements and the manner of payment of said improvements therein authorized, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Lambke absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. d. SCZ-0752 - Northeast Corner of 29th Street North and Ridge Road (District V) ORDINANCE NO. 43-896 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. (Lambke absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. SCZ-0752 FIRST READING ORDINANCE. Motion -- Knight moved that the following Ordinance be placed on first reading. Motion -- carried carried 6 to 0. (Lambke absent) ORDINANCE An Ordinance making a special assessment to pay for the improvement of and providing a tax levy for the cost of construction of sidewalks in the City of Wichita, Kansas, introduced and under the rules laid over. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 45 through 52 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Knight moved that Planning Agenda Items 45 through 52 be approved as consensus -- carried Items. Motion carried 6 to 0. (Lambke absent) V-2078 PUBLIC HEARING V-2078 - REQUEST TO VACATE DELLROSE STREET RIGHT-OF-WAY LOCATED IN AN AREA NORTH OF KELLOGG AND WEST OF OLIVER. (District II) Agenda Report No. 98-497. MAPC Recommendation: Approve vacation of Dellrose street right-of-way. Staff Recommendation: Approve vacation of Dellrose street right-of-way. The applicants are requesting to vacate Dellrose Street right-of-way (70 feet wide) just south of Arbor Street. This street right-of-way will not be utilized due to Dellrose Street terminating at Kellogg and all adjoining lots south of the application area are now owned by the City of Wichita for Kellogg right- of- way. With the vacation of this right-of-way Mr. Kouba and Mr. Carney will receive the west 35 feet of the vacated street right-of-way. The City will retain the eastern 35 feet. Mr. Kouba has stated he will attempt to purchase the City owned vacated street right-of-way (east 35 feet) located south of Mr. Carney s property, as well as the City owned land just east of the vacated Dellrose right-of-way. This will allow him to construct a new 3 car garage and game room, in this general vicinity. City Engineering has indicated that this vacation request is acceptable. The vacation request has been reviewed and approved by the Planning Commission, subject to the following: A 20 foot permanent utility easement shall be retained for the 8 inch water line and the gas line located in the eastern 20 feet of the vacated right-of-way and the applicant shall provide a temporary easement for the 2 inch water line located within the Dellrose right-of-way. This easement shall remain until such time the 2 inch water line is relocated or removed. The applicants have met the conditions of approval. No members of the public addressed the MAPC in opposition to this request. Temporary Water Line Easement dated May 6, 1998, from Bruce and Janice Kouba for ten foot tract of land beginning at point on EL and 4' south of NE corner Lot 7, Block 12, Lincoln Heights Addition. Marvin Krout Director of Planning 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 -- Knight moved that the public hearing be closed, the vacation and temporary waterline easement/agreement be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order and the easement be -- carried recorded with the Register of Deeds. Motion carried 6 to 0. (Lambke absent) V-2079 PUBLIC HEARING V-2079 - REQUEST TO VACATE UTILITY EASEMENT LOCATED IN AN AREA SOUTH OF PAWNEE AND WEST OF HYDRAULIC. (District III) Agenda Report No. 98-498. MAPC Recommendation: Approve vacation of utility easement. Staff Recommendation: Approve vacation of utility easement. The applicant is requesting to vacate a utility easement which has been used as a support for a utility pole by KG&E. KG&E has agreed to move this support. This request is being made to allow the applicant to construct a car port on this property. City Engineering has indicted that this vacation is acceptable. The vacation request has been reviewed and approved by the Planning Commission, subject to the dedication of an additional 2 foot utility easement just east of the existing easement. This dedication was approved by the City Council or May 12th to create a 10 foot wide easement along the west line of this property. No members of the public addressed the MAPC in opposition to this request. Marvin Krout Director of Planning 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 -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 6 to 0. (Lambke absent) V-2081 PUBLIC HEARING V-2081 - REQUEST TO VACATE BUILDING SETBACK LOCATED IN AN AREA WEST OF SENECA AND 1/8 MILE SOUTH OF PAWNEE. (District IV) Agenda Report No. 98-499. MAPC Recommendation: Approve vacation of building setback. Staff Recommendation: Approve vacation of building setback. The applicant is requesting to vacate a building setback in order to construct a canopy and an ATM. This vacation would reduce the building setback from 90 feet to 29 feet on a portion of the property. The vacation request has been reviewed and approved by the Planning Commission. No members of the public addressed the MAPC in opposition to this request. Marvin Krout Director of Planning 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 -- Knight moved that the public hearing be closed, the vacation be approved as recommended, the Mayor be authorized to sign the Vacation Order, and a certified copy of the Order be recorded with the Register of Deeds. Motion carried -- carried 6 to 0. (Lambke absent) S/D 97-33 S/D 97-33 - PLAT OF NELSON'S HILLSIDE PARK LOCATED WEST OF HILLSIDE AVENUE AND (Item No. 45) NORTH OF 31ST STREET SOUTH. (District I) Agenda Report No. 98-500. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. A zone change (Z-3228) from "LC", Limited Commercial and "SF-6", Single-Family to "GC" General Commercial has been approved for this site subject to platting. Sanitary sewer and water facilities are available. The property is subject to a protective overlay addressing permitted uses and outside storage. The applicant has submitted a Notice of Protective Overlay indicating the Protective Overlay has been filed with the MAPD. In order to guarantee the closure of a driveway located in an area platted with complete access control, the applicant has submitted a letter of credit. A joint access easement has also been submitted for a shared driveway. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Easement, Protective Overlay Notice from Stanley R. Nelson, Joyland Hillside Park, Inc., for the north 30 feet of Lot 1, Nelson's Hillside Park. Motion -- Knight moved that the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change Z-3228 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as the plat has been recorded with the Register of Deeds. Motion carried -- carried 6 to 0. (Lambke absent) 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-3228 S/D 97-52 S/D 97-52 - PLAT OF WESTLINK CHRISTIAN CHURCH ADDITION LOCATED ON THE WEST SIDE (Item No. 46) OF MAIZE ROAD, SOUTH OF 21ST STREET NORTH. (District V) Agenda Report No. 98-501. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This site consists of one lot zoned SF-6, Single-Family Residential. Petitions, 100%, have been submitted for sanitary sewer improvements, water and paving improvements. A Certificate of Petition has also been submitted. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petition. 100 Percent Petition for construction of Water Distribution System Number 448- 89275 (west of Maize, south of 21st) $7,600 S.A. 100 Percent Petition for construction of Lateral 401, Southwest Interceptor Sewer (west of Maize, south of 21st) Project No. 468-82849 $5,500 S.A. 100 Percent Petition for improving of Westlawn Circle from the west line of Westlink Christian Church Addition, east to and including the cul-de-sac, Project No. 472-82942. $16,000 S.A. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Lambke absent) RESOLUTION NO. R-98-226 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89275 (west of Maize, south of 21st) 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. (Lambke absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-98-227 Resolution of findings of advisability and Resolution authorizing construction of Lateral 401, Southwest Interceptor Sewer (west of Maize, south of 21st) Project No. 468-82849 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. (Lambke absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-98-228 Resolution of findings of advisability and Resolution authorizing improving of Westlawn Circle from the west line of Westlink Christian Church Addition, east to and including the cul-de-sac, Project No. 472-82942 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. (Lambke absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. S/D 97-101 S/D 97-101 - PLAT OF L & L VAN LINES ADDITION LOCATED WEST OF HILLSIDE, SOUTH OF (Item No. 47) 37TH STREET NORTH. (District I) Agenda Report No. 98-502. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This replat consists of one lot zoned LI, Limited Industrial. A petition, 100%, has been submitted for water improvements A Certificate of Petition has also been submitted. A No Protest Agreement to the future paving of Poplar Street has also been provided. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Certificate of Petition and No Protest Water Service Agreement. 100 Percent Petition for construction of Water Distribution System Number 448- 89276 to serve L & L Van Lines Addition (south of 37th Street North, west of Hillside) $7,300 S.A. Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Lambke absent) RESOLUTION NO. R-98-229 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89276 to serve L & L Van Lines Addition (south of 37th Street North, west of Hillside) 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. (Lambke absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. S/D 98-4 S/D 98-4 - PLAT OF HORSESHOE LAKE SECOND ADDITION LOCATED ON THE NORTH SIDE OF (Item No. 48) 21ST STREET NORTH, WEST OF HOOVER. (District V) Agenda Report No. 98-503. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This 26-lot replat is under the provisions of the Horseshoe Lake CUP which permits residential uses. Petitions, 100%, have been submitted for sanitary sewer, water and paving improvements A Certificate of Petitions has also been submitted. In order to provide for the ownership and maintenance of the reserves, the applicant has submitted a restrictive covenant. A respread agreement for special assessments has been submitted. To provide for off-street parking for lots adjacent to narrow streets, a covenant has also been submitted requiring that four (4) off-street spaces be provided for each such lot. In order to allow for the platting of a street with narrow or nonstandard right-of- way dedication, a 15-foot street, drainage, and utility easement was platted with a covenant restricting the use of easements. Also, this covenant addresses various controls on development, landscaping and access for adjacent properties. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. The negative Planning Commission votes reflect the Commissioners' concerns with safety as addressed by the Traffic Engineer. The Traffic Engineer recommended the elimination of the turnaround at Lakeway Circle for safety reasons. Subsequent to the Planning Commission meeting, Traffic Engineering concurred with the plat approval in conjunction with the applicant's agreement of the installation of appropriate traffic signs. Certificate of Petitions, Restrictive Covenant(s) for Lots 1 through 26, Block A, Horseshoe Lake Second Addition. 100 Percent Petition for construction of Water Distribution System Number 448- 89274 (north of 21st, west of Hoover) $56,000 S.A. 100 Percent Petition for construction of Lateral 9, Main 16, Southwest Interceptor Sewer (north of 21st, west of Hoover) Project No. 468-82848 ($110,000 S.A.) 100 Percent petition for improving of Lakeway Court from the west line of Lakeway Circle, west to and including the cul-de-sac, and; Lakeway Circle from the north line of Lakeway Court, north to and including the cul-de-sac, Project No. 472- 89253 (north of 21st, west of Hoover) ($242,000 S.A.) Motion -- Knight moved that the Petitions be approved and the Resolutions be adopted; the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Lambke absent) RESOLUTION NO. R-98-230 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89274 (north of 21st, west of Hoover) 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. (Lambke absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-98-231 Resolution of findings of advisability and Resolution authorizing construction of Lateral 9, Main 16, Southwest Interceptor Sewer (north of 21st, west of Hoover) Project No. 468-82848 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. (Lambke absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. RESOLUTION NO. R-98-232 Resolution of findings of advisability and Resolution authorizing improving of Lakeway Court from the west line of Lakeway Circle, west to and including the cul- de-sac, and; Lakeway Circle from the north line of Lakeway Court, north to and including the cul-de-sac, Project No. 472-89253 (north of 21st, west of Hoover) 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. (Lambke absent) Yeas: Cole, Ferris, Gale, Kamen, Rogers, Knight. S/D 98-7 S/D 98-7 - PLAT OF WSM PROPERTIES ADDITION LOCATED ON THE SOUTH SIDE OF HARRY (Item No. 49) STREET, WEST SIDE OF SHERIDAN. (District IV) Agenda Report No. 98-504. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This replat contains one lot zoned LI, Limited Industrial. Sanitary sewer and City water services are currently available to serve this site. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Motion -- Knight moved that the plat be approved as recommended and the Mayor be -- carried authorized to sign. Motion carried 6 to 0. (Lambke absent) S/D 98-9 S/D 98-9 - PLAT OF JOHNSON'S GARDEN CENTER ADDITION LOCATED ON THE EAST SIDE OF (Item No. 50) RIDGE, NORTH OF CENTRAL. (District V) Agenda Report No. 98-505. MAPC Recommendation: Approve the plat. Staff Recommendation: Approve the plat. This site consists of one lot zoned LC, Limited Commercial. City water and sanitary sewer facilities are available. The site is within the noise impact area of the Mid-Continent Airport and an avigational easement and restrictive covenant were required. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Avigational Easement and Restrictive Covenant. Motion -- Knight moved that the documents be received and filed and recorded with the Register of Deeds; the plat be approved as recommended and the Mayor be authorized to sign. Motion carried -- carried 6 to 0. (Lambke absent) Z-3270 Z-3270 - ZONE CHANGE FROM "SF-6" SINGLE-FAMILY AND "LC" LIMITED COMMERCIAL TO (Item No. 51) "GC" GENERAL COMMERCIAL, LOCATED NORTH OF KELLOGG AND EAST OF GREENWICH. (District V) Agenda Report No. 98-506. MAPC Recommendation: Approve zone change, subject to the additional provisions of a Protective Overlay District (P-O #37) (12-0). Staff Recommendation: Approve zone change, subject to conditions. CPO Recommendation: Approve, subject to MAPD staff recommendations and to the additional provisions of a Protective Overlay (P-O #37). The applicant is proposing to expand an existing mobile home sales lot onto two platted lots (1.77 acre) located south of Lewis and east of Ellson. The north 20 feet of these two lots are currently zoned "SF-6" Single-Family Residential while the south 280 feet is zoned "LC" Limited Commercial. The applicant currently operates a mobile home sales lot to the south of these lots and would like to expand into the application area. Both of these lots are currently vacant. With the approval of this zone change, the applicant will use these two lots as additional display space for the mobile home sales lot. The applicant is not requesting access to Lewis from the expanded sales lot. Access to the sales lot will be provided from the frontage road through the existing sales lot along Kellogg Drive. The applicant has been asked to submit an agreement not to protest participating in the future paving of Lewis Street. The City's landscape code will require the frontage along Lewis Street to be landscaped with trees in front of the screening fence. North of the application area is a vacant lot which is zoned "MF-29." Two homes are located just west of this site which is zoned "LC." However, commercial activities are located on the south and east sides of this area. The applicant's existing mobile home sales lot is located just south of this area, while an auto salvage and used car sales lot is located to the east of this property. Farther to the east and west of this site along Lewis Street are more single-family homes. This area seems to be in transition with several homes along Lewis being dilapidated and in the need of significant repair. However, some of the homes north of Lewis seem to be well maintained and not in the same state of disrepair as those south of Lewis. The Metropolitan Area Planning Commission has an unwritten policy of supporting the expansion of an existing business. This case was deferred from the April 16th MAPC hearing, to allow the applicants, neighbors and staff to meet and discuss the potential uses on these two lots. At this meeting the applicants and neighbors agreed to the uses stated in the protective overlay as well as a screening fence along the west line of Lot 50 to buffer the homes to the west from this display lot. At the April 30th MAPC hearing this request was approved subject to the conditions of the protective overlay and filing a no protest petition to paving Lewis Street. No one spoke in opposition to this request at the April 30th meeting. 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 additional recommended provisions of a Protective Overlay District; and the Ordinance be placed on first reading with publication being withheld until such time as the applicant submits a "no protest" petition regarding the future paving of Lewis Street and a covenant tying the ownership of the request site to -- carried the abutting lot to the south. Motion carried 6 to 0. (Lambke absent) 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-3270 Z-3191/DP-219 Z-3191 AND DP-219 - ZONE CHANGE FROM "SF-6" SINGLE-FAMILY TO "LC" LIMITED (Item No. 52) COMMERCIAL LOCATED AT THE SOUTHEAST CORNER OF 135TH ST. WEST AND MAPLE. (Dist. V) Agenda Report No. 98-507. MAPC Recommendation: Approve, subject to revised conditions. CPO Recommendation: Deny. Staff Recommendation: Approve, subject to conditions. Motion -- Knight moved that having reviewed the record of hearing before the MAPC and in accordance with Policy No. 10 of the MAPC previously adopted by this Board, and having reviewed the factors contained therein and the factors stated by the MAPC, the recommendation of the MAPC be approved, subject to the recommended conditions, and the Ordinance be placed on first reading. Motion carried -- carried 6 to 0. (Lambke absent) 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-3191 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 legal advice; personnel matters of non-elected personnel; contract negotiations under attorney/client privilege; and the regular meeting be resumed no later than 1:15 p.m. in the City Council Chambers. Motion -- carried carried 6 to 0. (Lambke absent) RECESS Council recessed at 12:32 p.m. and reconvened in regular session at 1:15 p.m. Mayor Knight Mayor Knight announced that no action was necessary as a result of the executive session. Motion -- carried Knight moved that the Council take up Item No. 11. Motion carried 6 to 0. (Lambke absent) (The Council returned to Item No. 11; action is shown in Agenda order.) ADJOURNMENT The City Council Meeting adjourned at 1:18 p.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 166 JUNE 2, 1998