REVISED:
                                   --ADDED ITEM 5a) STREET CLOSURE
	 --PULLED ITEM 49/PER AIRPORT AUTHORITY
										

FINAL
			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						City Council Chambers
9:00 A.M., October 17, 2006						455 North Main

ORDER OF BUSINESS

--	Call to Order

--	Invocation

--	Pledge of Allegiance

--	Approve the minutes of the October 3, 2006 regular meeting

	



AWARDS AND PROCLAMATIONS

--	Proclamations:

* Kansas BEST Day	
* Physical Therapy Month.
* World Water Monitoring Day
* Hunger and Homelessness Awareness Month
* Kansas Nutrition Network Day
* Fall 2006 Home Buyers Fair Day





CONSENT AGENDA

1.	Reports of the Board of Bids and Contracts Dated October 9 and 16, 2006.

RECOMMENDED ACTION:	Receive and file reports; approve Contracts;
		authorize necessary signatures.



2.	Applications for Licenses to Retail Cereal Malt Beverages:

Renewal	2006			(Consumption on Premises)

Teresa A Vasquez	El Patio, Inc.		424 East Central

New Operator	2006			(Consumption on Premises)

	Sherri Deringer	Lil Mexico*	1601 East Pawnee
	
	New Operator	2006		(Consumption off Premises)

	Mark A. Evans	M&C Convenience Store	1649 East 13th

	  *General/Restaurant - 50% or more of gross receipts derived from sale of food.

RECOMMENDED ACTION:	Approve licenses subject to Staff review and 
		approval.


3.	Preliminary Estimates:

	a)	Cost of Façade Improvement Program at 1409 E. Douglas - south of Douglas, east of Washington.  (472-84381/766017/491-018) (District I) - Total Estimated Cost $36,380.00

	b)	Cost of Façade Improvement Program at 111 Ellis -south of Douglas, east of Washington.  (472-84382/766018/491-019) (District I) - Total Estimated Cost $36,380.00

	RECOMMENDED ACTION:	Receive and file.


4.	Minutes of Advisory Boards/Commissions:

	Board of Electrical Appeals Minutes, July 11, 2006
	District Advisory Board Minutes, July 19, 2006
	Wichita Public Library Monthly Report, August 2006
	District Advisory Board Minutes, August 2, 2006
	Wichita Employees' Police & Fire Retirement Board, August 3, 2006
	Board of Code Standards & Appeals, August 7, 2006
	District VI Advisory Board Minutes, August 7, 2006
	Wichita Historic Preservation Board Minutes, August 14, 2006
	Wichita Public Library Meeting, September 19, 2006

RECOMMENDED ACTION:	Receive and file.


	(Item 5a-Added)
5.	Consideration of Street Closures/Uses.

a)	Hydraulic north of Harry.  (District I)

	RECOMMENDED ACTION:	Approve the partial street closure.



6.	Contracts and Agreements for September 2006.

	RECOMMENDED ACTION:	Receive and file.


7.	Expense for Senior Management for Month of August 2006.

	RECOMMENDED ACTION:	Receive and file.


8.	Agreements/Contracts:

	a)	Sim Park Memorial.  (District VI)

	b)	135th Street West, Maple to Central.  (District V)-supplemental.

	c)	Construction engineering and staking in Fox Ridge Addition, north of 29th Street North, east of Maize.  (District V)-supplemental.

	d)	Gypsum Creek Channel Improvements between Rock Road and Eastern Avenue.  (District II)-supplemental.

	e)	Dry Creek Channel Improvements between Lincoln and Orme.  (District III)-supplemental.

	RECOMMENDED ACTION:	Approve Agreements/Contracts; authorize 
		necessary signatures.


9.	Design Services Agreements:

	a)	Clear Creek Addition, west of 143rd Street East, south of Kellogg.  (District II).

	b)	Copper Gate North Addition, north of 13th Street, west of 135th Street West.  (District V)

	RECOMMENDED ACTION:	Approve Agreements/Contracts; authorize 
			necessary signatures.


10.	Property Acquisitions:

	a)	Partial Acquisition of 1310 and 1332 West MacArthur for the MacArthur Road Improvement Project, Meridian to Seneca.  (District IV)

	b)	Partial Acquisition of 1000 East 13th Street North for the 13th Street and Mosley Intersection Improvement Project.  (District VI)

	c)	Partial Acquisition of 1003 East 13th Street North for the 13th Street and Mosley Intersection Improvement Project.  (District VI)

	RECOMMENDED ACTION:	Approve budgets and Contracts; authorize
necessary signatures.



11.	Lease of 149 South Washington.  (District I)

	RECOMMENDED ACTION:	Approve the necessary budget adjustments; approve the
			lease agreement and authorize the necessary signatures.


12.	Eminent Domain Professional Legal Services.

	RECOMMENDED ACTION:	Authorize the Mayor to sign the contract for Legal Services.


13.	Approval of Restrictive Covenant for former Chapin Landfill.  (District III)

	RECOMMENDED ACTION:	Approve the restrictive covenant and authorize the
			necessary signatures.


14.	Bonding Ordinance for Schematic Design of the West 21st Street Mercado Public Market Facility.  (District VI)

	RECOMMENDED ACTION:	Place on first reading the bonding ordinance for the 
			schematic design of the Mercado public market
			facility and authorize the necessary signatures.


15.	G.R.E.A.T. Gang Resistance Education and Training Grant.

	RECOMMENDED ACTION:	Approve the grant award document and special
			conditions and authorize the necessary signatures.


16.	Amendment to Agreement with The TASA Group, Inc. for Professional Services.

	RECOMMENDED ACTION:	Approve the amendment to the August 2006
			Agreement between the City and The TASA
			Group, Inc and authorize the necessary
			signatures.


17.	Kansas Aviation Museum.  (District III)		

	RECOMMENDED ACTION:	Approve the supplemental funding; adopt the
			resolution; authorize the necessary signatures
			and authorize the signing of State/Federal
			Agreements as required.


18.	Homeless Assistance.

	RECOMMENDED ACTION:	Approve the use of $12,500 of Community Services
			Block Grant funds for the 2006-2007-winter emergency
			overflow shelter; authorize the City to participate in
			the RFP and contract process used to procure a 
			service provider and authorize the necessary contract
			signatures.


19.	2007 Park Facilities Renovation.

	RECOMMENDED ACTION:	Adopt the bonding resolution; authorize the initiation
			of the project and authorize the necessary signatures.


20.	FY2006 Weed and Seed Program.  (District I)

	RECOMMENDED ACTION:	Approve the receipt of funds and authorize the
			necessary signatures.


21.	2007 Victims of Crime Act (VOCA) Grant.

	RECOMMENDED ACTION:	Approve the grant award and authorize the necessary 
			signatures.


22.	Sanitary Sewer Main to serve an area along MacArthur between 1/2 mile east of West Street and the Wichita-Valley Center Flood Control Ditch.  (District IV)

RECOMMENDED ACTION:	Approve the Project; adopt the authorizing resolution;
		adopt the resolution authorizing revenue bonds; 
		approve the notice of intent to issue revenue bonds
		and authorize the necessary signatures.
		
		
23.	Water Distribution System for Liberty Park and Copper Gate Additions, south of 13th Street along both sides of 135th Street West.  (District V)

RECOMMENDED ACTION:	Adopt the resolution and authorize the necessary
		signatures.


24.	Water Distribution System for Krug North and Krug North Second Additions, north of 21st Street, west of 143rd Street East.  (District II)

RECOMMENDED ACTION:	Adopt the Resolution and authorize the necessary
		signatures.


25.	Water Distribution System for East Side Community Church Addition, north of 21st Street, west of 143rd Street East.  (District II)

	RECOMMENDED ACTION:	Adopt the resolution and authorize the necessary
			signatures.



26.	Settlement of Lawsuit, Harvatin v. City of Wichita, et al.

	RECOMMENDED ACTION:	Approve payment of $15,000 as a settlement and not
			to exceed $5,100 as expense reimbursement for 
			one-half of trial preparation expenses paid by other
			counsel.


27.	Second Reading Ordinances:  (First read October 3, 2006)

	a)	Partial Acquisition by Eminent Domain for the Oliver and Central Intersection Project.  (Districts I and II) 

An Ordinance providing for the acquisition by eminent domain of certain private property, easements and right-of-way therein, for the purpose of acquiring real property for the construction and improvement of the traffic intersection at North Oliver and East Central in the City of Wichita, Sedgwick County, Kansas; designating the land required for such purposes and directing the city attorney to file a petition in the District Court of Sedgwick County, Kansas, for acquisition of the land therein taken and providing for payment of the cost thereof.

	b)	Public Hearing and Issuance of Industrial Revenue Bonds, KSDD Properties, LLC.  (District II)

An Ordinance authorizing the City of Wichita, Kansas to issue its industrial revenue bonds (taxable under federal law), Series II, 2006 (KSDD Properties, LLC) in the aggregate principal amount of $9,000,000 for the purpose of acquiring, constructing and equipping a commercial facility; and authorizing the execution of certain documents in connection with the issuance of the bonds.

	RECOMMENDED ACTION:	Adopt Ordinances.





UNFINISHED BUSINESS

28.	Equus Beds Aquifer Storage and Recovery Project Phase 1-Change Order.

	RECOMMENDED ACTION:	Adopt the resolution; approve the change order
			and authorize the necessary signatures.


29.	Kansas Aviation Museum Community Development Block (CDBG) Loan.  (District III)

	RECOMMENDED ACTION:	Approve the conversion of the CDBG loan
			to a grant and approve cancellation and discharge
			of promissory note without payment and authorize
			the necessary signatures.





NEW BUSINESS

30.	Request for a Letter of Intent for Industrial Revenue Bonds, Envision, Inc.  (District III)

On February 4, 2003, City Council approved the issuance of $3,035,000.  Envision is now requesting a two-year Letter of Intent to issue tax-exempt Industrial Revenue Bonds in the amount not-to-exceed of $5,000,000 to finance a major expansion in downtown Wichita.

	RECOMMENDED ACTION:	Approve a two-year Letter of Intent to Envision, Inc. for 
Industrial Revenue Bonds in the approximate amount of $5,000,000, 
subject to the Standard Letter of Intent Conditions; authorize the 
necessary signatures and appoint the recommended law firm to 
serve as bond counsel.


31.	Public Hearing on Proposed Assessments for thirty-three (33) Water Projects, thirty-three (33) Sewer Projects and eighteen (18) Storm Sewer Projects in February 2007 Bond Sale Series 788.

The City Council was notified on September 19, 2006 that the proposed assessment rolls were on file for public inspection in the Department of Finance.

	RECOMMENDED ACTION:	Close the Public Hearing; approve the proposed 
					assessments and place the ordinances on first
					reading.


32.	Public Hearing on Proposed Assessments for forty-one (41) Paving Projects in February 2007 Bond Sale Series 788.

The Council was notified on September 12, 2006 that the proposed assessment rolls were on file for public inspection in the Department of Finance.

	RECOMMENDED ACTION:	Close the Public Hearing; approve the proposed
					assessments and place the ordinance on first
					reading.


33.	Petition to pave 10th Street North, between St. Paul and Edwards.  (District VI)

The signatures on the Petition represent 20 of 39 (51%) resident owners and 53% of the improvement district area.  District VI Advisory Board sponsored a September 20, 2006 neighborhood hearing on the project.  The Board voted 10-0 to recommend approval of the project.

	RECOMMENDED ACTION:	Approve the Petition; adopt the Resolution and 
					authorize the necessary signatures.



34.	Water and Sewer System Utility Revenue Bonds, Series 2006.	
	
As water and sewer projects have been initiated, the City Council has adopted resolutions authorizing various water and sewer system improvements and the issuance of revenue bonds.  Additionally, notices of the Council's intent to carry out the improvements and issue the revenue bonds have been published in the City's official newspaper.

	RECOMMENDED ACTION:	Adopt the resolution and direct City staff to distribute
			the Official Notice of Sale and Preliminary Official
			Statement upon completion.


35.	Amendments to Section 1 of Charter Ordinance No. 175 of the Code of the City of Wichita, Kansas, pertaining to Expungement of Criminal Convictions.

The legislative session, the legislative amended K.S.A. 12-4516 to preclude the Expungement of convictions and diversions for DUI offenses.

	RECOMMENDED ACTION:	Approve first reading of the ordinances and authorize the
					necessary signatures.


36.	Amendments to Salary and Classifications Ordinances to implement Fair Labor Standards Act Classification Changes.		

Salary and Classification Ordinances set the rates of pay for City pay ranges and establish job classifications for all City positions.

	RECOMMENDED ACTION:	Adopt the amendments to these Salary and 
					Position Classification ordinances as described.


	
_______________________________________________________________________________________________

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

37.	ZON2006-00030-Zone change from "GO" General Office to "LC" Limited Commercial.  Generally located east of Greenwich and south of East Waterman Street.  (District II)

RECOMMENDED ACTION:	1) Adopt the findings of the MAPC; approve the
				zone change and place the ordinance on first reading; or
				2) Adopt the recommendation of the DAB; approve the
				zone change subject to the recommended Protective
				Overlay and place the ordinance on first reading; or
				3) Return the application to the MACP for reconsideration.


38.	*ZON2003-00042-Zone change from "SF-5" Single-family Residential to "LC" Limited Commercial and "GO" General Office, associated with CUP2003-43 creation of DP-266 The Woodlands Commercial Community Unit Plan.  Generally located southwest of 21st Street North and Greenwich.  (District II)

RECOMMENDED ACTION:	Place the ordinance on first reading and authorize the
				Mayor to sign.


39.	*ZON2004-00014-Zone change from "SF-5" Single-family Residential to "LC" Limited Commercial, "GO" General Office and "NO" Neighborhood Office associated with CUP2004-09 creation of DP-274 Oak Creek Commercial Community Unit Plan.  Generally located southwest of 21st Street North and Greenwich Road.  (District II)

RECOMMENDED ACTION:	Place the ordinance on first reading and authorize the
				Mayor to sign.


40.	*ZON2006-00029-Zone change from "SF-5" Single-family Residential to "TF-3" Two-family Residential.  Generally located west of McComas and south of Taft Avenue.  (District IV)

RECOMMENDED ACTION:	1) Adopt the findings of the MAPC, approve the
				zone change and place the ordinance on first 
				reading; or
				2) Return the application to the MAPC for reconsideration.


41.	*ZON2006-00031-Zone Change from "GO" General Office to "NR" Neighborhood Retail.  Generally located on the northwest corner of 37th Street North and Sweet Bay Street.  (District II)

RECOMMENDED ACTION:	1) Concur with the findings of the MAPC and
				approve the zone change to NR Neighborhood
				retail; place the ordinance establishing the zone
				change for first reading; or
				2) Return the application to the MAPC for reconsideration.


42.	*CUP2006-00031-Amendment #5 to DP-56 the Plaza Twenty-One Commercial Community Unit Plan to allow an additional on site pole sign on Parcel #2.  Generally located at the northwest corner of the 21st Street North and Woodlawn Boulevard intersection.  (District I)

RECOMMENDED ACTION:	1) Concur with the findings of the MAPC and
				Approve Amendment #5; or
				2) Return the application to the MAPC for reconsideration.


43.	*SUB2005-119-Plat of Northcrest Estates Addition, located east of Meridian and south of 53rd Street North.  (District VI)

	RECOMMENDED ACTION:	Approve the documents and plat; authorize the 
					necessary signatures and adopt the resolutions.



44.	*SUB2005-126-Plat of Silverton Addition, located north of 13th Street North and on the west side of 135th Street West.  (District V)

RECOMMENDED ACTION:	Approve the documents and plat; authorize the
				necessary signatures and adopt the resolutions.


45.	*VAC2006-00010-Request to vacate a portion of a sewer easement dedicated by separate instrument, generally located on the northeast corner of the 21st Street North and Maize Road intersection.  (District V)

RECOMMENDED ACTION:	Approve the Vacation Order and authorize the
				necessary signatures.


46.	*VAC2006-00032-Request to vacate a portion of platted access control, generally located south of 13th Street North and west of K-96.  (District II)

RECOMMENDED ACTION:	Approve the Vacation Order and authorize the
				necessary signatures.


47.	*A06-19R-Request by Rob Ramseyer of Ritchie Associates, Inc. to annex land generally located southwest of 21st Street North and 143rd Street East.

	RECOMMENDED ACTION:	Approve the annexation request; place the ordinance
					on first reading and authorize the necessary signatures.





AIRPORT AGENDA

NOTICE:  The City Council is meeting as the governing body of the Airport for consideration and action on items on this Agenda, pursuant to State law and City ordinance.  The meeting of the Authority is deemed called to order at the start of this Agenda and adjourned at the conclusion.  
*Consent items

48.	*Rotating Beacon Relocation Change Order No. 1, Wichita Mid-Continent Airport.

	RECOMMENDED ACTION:	Approve the change order and authorize the
					necessary signatures.


	(Item 49 pulled per Airport Authority)
49.	*Southwest Area Site Development, Colonel James Jabara.

	

50.	*Agreement-Artistic Limousine.

	RECOMMENDED ACTION:	Approve the agreement and authorize the necessary
			signatures.


51.	*Runway 14-32 Joint Re-seal Change Order No 1, Wichita Mid-Continent Airport.

	RECOMMENDED ACTION:	Approve the change order and authorize the 
			necessary signatures.





			CITY COUNCIL

52.	Approval of travel expenses for Council Members to attend National League of Cities Annual Conference in Reno, Nevada, December 5-10, 2006.

	RECOMMENDED ACTION:	Approve the expenditures.


53.	Board Appointments.

	RECOMMENDED ACTION:	Make the appointments.



Adjournment


***Workshop to follow***
City Council Meeting		Page 11
October 17, 2006