C I T Y C O U N C I L C I T Y O F W I C H I T A K A N S A S City Council Meeting-Workshop First Floor Board Room 9:30 A.M., July 25, 2006 455 North Main ORDER OF BUSINESS -- Call to Order -- Approve the minutes of the July 18, 2006 meeting CONSENT AGENDA 1. Report of the Board of Bids and Contracts Dated July 24, 2006. RECOMMENDED ACTION: Receive and file report; approve Contracts; authorize necessary signatures. 2. Applications for Licenses to Retail Cereal Malt Beverages: Renewal 2006 (Consumption on Premises) Mark T. Ryan Ryan Boys Inc. 300 South Greenwich Road dba Two Brothers BBQ RECOMMENDED ACTION: Approve licenses subject to Staff review and approval. 3. Preliminary Estimates: a) Bayside Court from the west line of West Street to and including the cul-de-sac; Bayside from the north line of Bayside Court to the north line of Paradise; Paradise/Paradise Court from the south line of Emerald Bay Estates Addition to and including the cul-de-sac to serve Emerald Bay Estates Addition (north of 21st Street North, west of West Street) (472-84364/765981/490096) Does not affect existing traffic. (District V) - $842,000 (Item 3 continued) b) Fawnwood from the north line of Valley Hi Road, north to the north line of the plat; Bayside Court from the west line of West Street to and including the cul-de-sac; Bayside Fawnwood Court (Lots 65 thru 73, Block A) from the west line of Fawnwood, west to and including the cul-de-sac; Valley Hi Road and Valley Hi Circle from the west line of Lot 31, Block G, west to and including the cul-de-sac; Fawnwood Court (Lots 39 thru 48, Block A) from the west line of Fawnwood west to and including the cul-de-sac; Fawnwood Court (Lots 49 thru 61, Block A) from the west line of Fawnwood west to and including the cul-de-sac; Fawnwood Court (Lots 34 thru 40, Block G) from the east line of Fawnwood, east to and including the cul-de-sac; Fawnwood Court (Lots 41 thru 46, Block G) from the east line of Fawnwood, east to and including the cul-de-sac; Sidewalk on Fawnwood and Valley Hi Road to serve Auburn Hills 16th Addition - south of Maple, east of 151st Street West. (472-84291/765999/490116) Does not affect existing traffic. (District V) - $974,000 c) 2006 Contract Maintenance Bridgedeck Repair of Mt Vernon over I-135 (472-84374/132719/) Traffic to be maintained during construction using flagpersons and barricades. (District II) - $300,000. d) Lateral 84, Main 22 War Industries Sewer to serve Brighton Courts Addition - south of 21st Street North, west of Webb. (468-83673/744186/480874) Does not affect existing traffic. (District II) - $78,880. e) City View from the north line of Lot 37, Block C, north to the northwest line of the plat; Burton from the east line of City View, east to the southeasterly line of Lot 26, Block C; Texas Circle from the north line of Burton, northeasterly to and including the cul-de-sac; Burton Court from the south line of Burton, south and east to and including the cul-de-sac; Sidewalk on one side of City View and Burton to serve Shadow Woods Addition - north of Maple, west of 135th Street West. (472-84060/765982/490097) Does not affect existing traffic. (District V) - $430,000. f) Cost of construction of Storm Water Drain #264 to serve Avalon Park Addition - north of 37th Street North, east of Maize. (District V) (468-84011/751401/485-292) - Total Estimated Cost $170,748. RECOMMENDED ACTION: Receive and file. 4. Petitions for Public Improvements: a) Construct Paving, Sanitary Sewer, Drainage and Water Improvements in Lillie Addition, south of Maple, west of Maize. (District V) RECOMMENDED ACTION: Approve Petitions; adopt Resolutions. 5. Consideration of Street Closures/Uses. RECOMMENDED ACTION: Approve street closures/uses. 6. Agreements/Contracts: a) Facility Improvements at Fire Training Grounds. b) Sewage Treatment Odor Control Trial. c) Construction of Haul Road at Brooks Construction & Demolition (C & D) Landfill, Herzog Environmental, Inc. (District VI) RECOMMENDED ACTION: Approve Agreements/Contracts; authorize necessary signatures. 7. Minutes of Advisory Boards/Commissions: Police & Fire Retirement Board, May 24, 2006 Wichita Employees' Police & Fire Retirement Board, June 1, 2006 District II Advisory Board, June 5, 2006 Board of Code Standards & Appeals, June 5, 2006 Wichita Public Library, June 20,2006 Housing Advisory Board, June 21, 2006 Public Library Monthly Report, June 2006 RECOMMENDED ACTION: Receive and file. 8. Sewage Treatment Plant 1 Modifications-Change Order. RECOMMENDED ACTION: Approve the Change Order and authorize the necessary signatures. 9. Purchase Option, Prairie Villa at Beacon Hill, L.L.C. (District I) RECOMMENDED ACTION: Adopt the Resolution approving the Special Warranty Deed, Bill of Sale and the Termination of Lease Agreement and Site Lease and authorize the necessary signatures. 10. Settlement of Claim. RECOMMENDED ACTION: Authorize payments totaling $75,975.00 as a full settlement of the matter. 11. EPA Assistance Amendment. RECOMMENDED ACTION: Approve the Assistance Amendment and authorize the necessary signatures. 12. Sale of Surplus Property located at 202 North Gow. (District VI) RECOMMENDED ACTION: Approve the disposition and authorize the necessary signatures. 13. Approval of travel expenses: * Council Members Fearey and Brewer to participate in Visioneering City-to-City Visit in Richmond, VA, September 13-15, 2006 * Council Member Martz to attend NLC Human Development Steering Committee meeting in Vancouver, WA, September 14-17, 2006 * Mayor Mayans to attend U.S. Conference of Mayors Fall Leadership Meeting in Santa Barbara, CA, September 14-16, 2006 * Council Member Carl Brewer to attend NLC Community and Economic Steering Committee meeting in Milwaukee, WI, September 7-9, 2006. RECOMMENDED ACTION: Approve the expenditures. 14. Second Reading Ordinances: (First read July 18, 2006). a) Park, Recreation and Open Space (PROS) Plan. An Ordinance of the City of Wichita, Kansas, authorizing the issuance of its general obligation bonds to pay the costs of Preparation of a Park, Recreation and Open Space (PROS) Plan b) Amendments to Sections 5.10.010 and 5.10.035 of the Code of the City of Wichita, Kansas, pertaining to Assault and Battery of a Law Enforcement Officer. An Ordinance amending Section 5.10.010 of the Code of the City of Wichita, Kansas, pertaining to the battery of a law enforcement officer and repealing the original of Section 5.01.035 pertaining to battery. c) Repeal Section 5.24.030 of the Code of the City of Wichita, Kansas, pertaining to Disturbing the Peace. An Ordinance repealing Section 5.24.030 of the Code of the City of Wichita pertaining to disturbing the peace. d) Amendments to Section 5.40.010 of the Code of the City of Wichita, Kansas, pertaining to Impersonating a Law Enforcement Officer. An Ordinance amending Section 5.40.010 of the Code of the City of Wichita, Kansas, pertaining to personating an officer and repealing the original of said section. e) Amendments to Section 5.42.060 of the Code of the City of Wichita, Kansas, pertaining to Theft of Lost Property. An Ordinance amending Section 5.42.060 of the Code of the City of Wichita, Kansas, pertaining to theft of lost or mislaid property and repealing the originals of said sections. (Item 14 continued) f) Amendments to Section 5.64.010 of the Code of the City of Wichita, Kansas, pertaining to Escaping from Custody. An ordinance amending Sections 5.64.010 of the Code of the City of Wichita, Kansas, pertaining to prisoners - escape and repealing the original of said section. g) Amendments to Section 5.66.030 of the Code of the City of Wichita, Kansas, pertaining to Trespassing on City Property. An Ordinance amending Section 5.66.030 of the Code of the City of Wichita, Kansas, pertaining to trespassing upon city property, and repealing the original of said section. h) Amendments to Section 5.68.140, 5.68.150, 5.68.200 and 5.68.220 of the Code of the City of Wichita, Kansas, pertaining to Lewd and Lascivious Behavior, Promoting Obscenity, Sodomy and Sexual Battery. An Ordinance amending Section 5.68.140, 5.68.200 and 5.68.220 of the Code of the City of Wichita, Kansas, pertaining to Lewd and lascivious behavior, sodomy and sexual battery; and repealing the originals of said section. i) Amendments to Section 5.72.010 of the Code of the City of Wichita, Kansas, pertaining to Obstruction of Legal Process. An Ordinance amending Section 5.72.010 of the Code of the City of Wichita, Kansas, pertaining to obstructing legal process or official duty and repealing the original of said section. j) Amendments to Section 5.82.010 of the Code of the City of Wichita, Kansas, pertaining to Interfere with Telephone Service. An Ordinance amending Section 5.82.010 of the Code of the City of Wichita, Kansas, pertaining to telephone service--interfering with and repealing the original of said section. k) Amendments to Section 5.83.010 of the Code of the City of Wichita, Kansas, pertaining to Unlawful Restraint. An Ordinance amending Section 5.83.010 of the Code of the City of Wichita, Kansas, pertaining to unlawful restraint and repealing the original of said section. RECOMMENDED ACTION: Adopt the Ordinances. ______________________________________________________________________________________________ PLANNING AGENDA NOTICE: Public hearing on planning items is conducted by the MAPC under provisions of State law. Adopted policy is that additional hearing on zoning applications will not be conducted by the City Council unless a statement alleging (1) unfair hearing before the MAPC, or (2) alleging new facts or evidence has been filed with the City Clerk by 5p.m. on the Wednesday preceding this meeting. The Council will determine from the written statement whether to return the matter to the MAPC for rehearing. * Consent Items 15. *ZON2005-00058-Zone Change from "TF-3" Two-family Residential to "NO" Neighborhood Office. Generally located west of Oliver Avenue at the northeast corner of Central and Crestway Avenues. (District I) RECOMMENDED ACTION: Place the ordinance on first reading and authorize the Mayor to sign. 16. *SUB2005-151-Plat of Myers Acres Addition, located south of MacArthur and east of Ridge Road. (County) RECOMMENDED ACTION: Approve the documents and plat; authorize the necessary signatures and adopt the Resolutions. 17. *SUB2006-44-Plat of Paradise Acres Addition, located on the north side of 31st Street South and east of Greenwich Road. (County) RECOMMENDED ACTION: Approve the document and plat; authorize the necessary signatures and adopt the resolutions. ***Workshop to follow*** City Council Meeting Page 6 July 25, 2006