MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, April 29, 1997 Tuesday, 9:05 A.M. The City Council met in regular session with Vice Mayor Cole in the Chair. Council Members Gale, Kamen, Lambke, Rogers; present. Mayor Knight, *Council Member Ferris; absent. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. The invocation was given by Rev. Don Bright, Mt. Olive Christian Church. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- The minutes of the regular meeting of, April 22, 1997, were -- approved approved 5 to 0. (Ferris, Knight absent) AWARDS AND PRESENTATIONS SERVICE CITATIONS Vice Mayor Cole presented Distinguished Service Citations to those present. PROCLAMATIONS Vice Mayor Cole presented the Proclamations previously approved. UNFINISHED BUSINESS 29TH STREET NORTH IMPROVEMENTS TO 29TH STREET NORTH FROM AMIDON TO ARKANSAS. (District VI) Continued from April 8, 1997, until a neighborhood meeting was held. Bill McKinley Traffic Engineer said that the four-lane concept had been approved by a majority of the property owners but, now, at least three of the owners want to change their vote and approve a three-lane concept. Council Member Lambke Council Member Lambke stated that he thought enough time had been spent on the project with the postponements. The City Council should make a decision today to proceed. Motion -- Cole moved that this Item be deferred one week and be returned for Council -- carried consideration and public input. Motion carried 4 to 1. Lambke - No. (Ferris, Knight; absent) NEW BUSINESS QUARTERLY FINANCIAL QUARTERLY FINANCIAL REPORT. Vice Mayor Cole Vice Mayor Cole inquired if anyone wished to be heard and no one appeared. Motion -- carried Kamen moved that the report be received and filed. Motion carried 5 to 0. (Ferris, Knight; absent) DOWNTOWN PARKING ADDITIONAL DOWNTOWN ON-STREET PARKING. Bill McKinley Traffic Engineer reviewed the Item. Agenda Report No. 97-364. The Downtown Wichita Association has requested the addition of 73 unmetered, two-hour limit, and 30 metered spaces in the downtown area. The majority of the requested spaces are along Market from English to First, Douglas from Waco to Main and Century II Drive from Main to Douglas. The request is in response to businesses seeking to expand on-street parking to improve access to their establishments. The Traffic Engineer's Office reviewed and analyzed the request, and presented the matter to the Traffic Commission with the recommendation that approximately 55 additional on-street parking spaces be provided. On December 18, 1996, the Traffic Commission voted 6-0 in favor of approving the request for additional space as recommended by the Traffic Engineer. The Downtown Wichita Association request included adding 25 parking spaces along the east side of Market between William and First and 13 spaces between English and William. Traffic Engineering's initial recommendation was to deny the request for the additional 13 spaces on Market between English and William, further review indicates that parking could be allowed in this block. Traffic Engineering does not recommend allowing parking in the section between William and First because of the additional congestion that would be created by reducing the number of available "through traffic lanes" and necessitating double parking of delivery and service vehicles. The Downtown Wichita Association request also included adding 19 spaces along the north side of Douglas between Waco and Main, 6 spaces on the south side of Douglas east of Water and 15 spaces on the north/east side of Century II Drive between Main and Douglas. With the exception of providing necessary corner turning clearance areas on the north side of Douglas east of Waco, the south side of Douglas east of Century II Drive and a sight distance clearance area adjacent to the pedestrian crosswalk on Douglas in front of Century II, Traffic Engineering does not foresee a significant negative impact to traffic flow on these two streets by allowing the requested parking. Traffic Engineering recommended approving the additional parking spaces requested on First Street and on Topeka adjacent to Nations Bank (Bank IV). The installation of necessary signs and parking meters could be handled with existing materials and could be absorbed within the Traffic Maintenance budget. Vice Mayor Cole Vice Mayor Cole inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the additional on-street parking on Market, Douglas, Century II Drive, William, First, and Topeka, as recommended by Traffic Engineering, be approved. Council Member Kamen Council Member Kamen stated that better white lines are needed on Emporia. The lines need to be repainted Council Member Cole Council Member Cole said additional parking, beyond the 55 spaces allowed for today, is needed. The Century Plaza building at Main and Douglas has no nearby parking. Council Member Kamen Council Member Kamen said he would be in favor of low-level parking, one level or so, such as a parking garage that might be paid for with special assessments. -- carried Motion carried 5 to 0. (Ferris, Knight; absent) Bill McKinley Traffic Engineer added that there will also be 13 additional parking spaces on south Market Street. *Council Member Ferris present. BROOKS LANDFILL BROOKS LANDFILL OPERATIONS CONTRACT. Steve Lackey Director of Public Works reviewed the Item. Agenda Report No. 97-362. The City contracts the operation of Brooks Landfill to a private contractor, with payment based on a "tipping fee" or charge per ton of waste accepted at the landfill. On August 30, 1996, the Kansas Dept. of Health and the Environment (KDHE) approved a permit to continue operations at Brooks until October 9, 2001. The City Council elected to solicit proposals for the operation of the landfill through the remainder of the permit, and construction of the needed closure improvements to meet KDHE requirements. On March 28, 1997, the City Purchasing Manager received formal proposals for the operation of Brooks Landfill for the period August 1, 1997 to October 9, 2001, and final closure of the landfill by April 9, 2002. The Staff Screening and Selection Committee met on April 7, 1997 to review the proposals and recommend the best proposer. The Committee voted unanimously to select Herzog Environmental, Inc. as the best proposer. Herzog is the current landfill operator, and has been under contract since 1991. Four proposals were received, with each proposer stating a cost per ton for handling waste, as well as a cost to construct closure improvements, including installing a cover lining over the completed cell, as required by KDHE. Proposers were also required to submit "Add Alternate" costs to construct a landfill gas management system, which the City may elect to employ at any time during the term of the contract. Presently the City is engaged with an independent operator to implement a landfill gas recovery system at Brooks. If this system is successfully implemented, the City will not need to have this work done by the landfill contractor. However, if the current plan for a landfill gas recovery system does not get implemented, the City may elect to employ the landfill contractor to construct a gas management system (either passive or active) meeting the Clean Air Act and KDHE requirements, at the "Add Alternate" prices. Herzog Environmental, Inc. proposed the lowest base tipping fee of $5.75 per ton, and the lowest cost for closure improvements at $7,867,800. Enhancements proposed by Herzog include furnishing a recycling bin for source-separated recyclables (aluminum cans, plastic, glass, newsprint/cardboard) which individual citizens wish to deposit. This facility will be furnished at no additional cost beyond the standard tipping fee. Herzog also proposed to donate to the City the improvements on the site, such as the scalehouse, scales, maintenance facility and water tanks, at the end of the contract, without payment to Herzog. (The City's RFP specified that the City would have the option to buy these improvements at market value from the contractor, at the conclusion of the contract.) The proposal of Herzog for a tipping fee of $5.75 per ton is $0.94 less than the present $6.71 per ton. The closure proposal is also a reduction from the City's earlier estimates to complete the closure. New financial projections have been developed for the Landfill Fund assuming the new tipping costs and closure costs. Council Member Ferris Council Member Ferris said the $25.16 tipping fee will take the City to the recommended $12 million environmental contingency fund level, which is prudent financial management, not because the City "expects" a problem. Vice Mayor Cole Vice Mayor Cole inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that the selection of Herzog Environmental, Inc., be approved, and -- carried the Staff be authorized to negotiate a Contract. Motion carried 6 to 0. (Knight absent) SPECIAL ASSESSMENTS PUBLIC HEARING ON SUPPLEMENTAL ASSESSMENT FOR SEWER PROJECT. (District II) Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-361 On April 15, 1997, the City Council set the public hearing for this date to consider the supplemental assessment for the sewer project. The purpose of the hearing is to correct the lot number for the assessment. The assessment pertains to Lateral 70, Main 22, War Industries Sewer (north of 29th Street North and east of Rock Road). The assessment was assessed to Lot 1, Block, Home Design Center Third Addition instead of Lot 3 as set out in the petition and Resolution. There is only one lot in the improvement district. Statements of Supplemental Assessment will be mailed to the property owners on May 9, 1997. The property owners have 30 days from date of statements to pay the assessment and avoid interest payments. The amount of the assessment is $12,094.91. This project was initiated pursuant to provisions of K.S.A. 12-6a12. Vice Mayor Cole Vice Mayor Cole inquired if anyone wished to be heard and no one appeared. Motion -- Kamen moved that the public hearing be closed; the supplemental assessment be -- carried approved; and the Ordinance be placed on first reading. Motion carried 6 to 0. (Knight absent) ORDINANCE An Ordinance levying supplemental assessment on lots, pieces, and parcels of land in the City of Wichita, Kansas, for the purpose of paying a portion of the cost of construction of Lateral 70, Main 22, War Industries Sewer (north of 29th Street North, east of Rock) (Project No. 468- 82634/742916/480-383), introduced and under the rules laid over. HAZARDOUS MATERIALS HOUSEHOLD HAZARDOUS MATERIALS COLLECTION FACILITY. Chris Cherches City Manager reviewed the Item. Agenda Report No. 97-363. The City has operated a Household Hazardous Material Collection Facility (2305 East 57th Street South, Sewer Treatment Plant Site) since January, 1991. The collection program is currently open once a month, usually on the first Saturday of each month; and by appointment on Wednesdays. During the facility's six (6) years of operation, over 856,000 lbs. of potentially hazardous household materials have been diverted from the landfill and from storm and sanitary sewers. Materials collected consist of household generated pesticides, cleansers, paints, thinners, waste oil, anti-freeze and other similar products. The increasing public demand for this type of materials collection program has been significant. To meet this demand, the City Council previously approved the use of landfill tipping fee revenues (paid into the Landfill Fund) to operate and construct a new, more conveniently located facility. Given the current status of solid waste disposal method issues, and the continuing need to divert toxic materials from sewers, landfills and other environmentally sensitive areas, staff is proposing that the existing facility be used on an expanded basis until a final decision can be made regarding construction of a permanent facility. It is proposed that the facility hours of operation be expanded during the summer months. The facility would be open Tuesday through Friday afternoons (1 p.m. - 6:30 p.m.) and Saturday morning from 9 a.m. to 1 p.m. The winter hours will be determined after reviewing the public response during the initial trial period. The estimated cost of expanding the program is $112,000. The funds are budgeted in the Landfill Fund. The extended hours of the facility are subject to KDHE approval of an amendment to the current Household Hazardous Materials facility operating permit. Jack Brown Acting Director of Community Health, responding to a question, said the costs to operate the current facility are $100,000 annually. Council Member Ferris Council Member Ferris said the single most important thing the City has to do is to protect the future of the environment. Recycling may be more exciting but keeping household hazardous waste out of the landfill should be of most importance. Two locations for the waste disposal should be investigated and convenient hours should be set. Disposing of household hazardous wastes should be made as easy as possible for the public. The City should set the course and make sure the best that can be done to protect the environment is done for at least the next four years. Council Member Kamen Council Member Kamen said 80 percent of the hazardous waste is now taken to Brooks by commercial haulers. The City should look into separation bins on site. Vice Mayor Cole Vice Mayor Cole inquired if anyone wished to be heard and no one appeared. Motion -- Ferris moved that expansion of service hours and the expenditures from the landfill fund be approved; and Staff be directed to return to the City Council in the near future with a plan for expanded treatment of household hazardous wastes -- carried -- without waiting for Sedgwick County. Motion carried 6 to 0. (Knight absent) CITY COUNCIL AGENDA TRAVEL APPROVAL OF COUNCIL MEMBER ROGER'S TRAVEL TO BOULDER CITY, NEVADA, JUNE 6-7, TO ATTEND NATIONAL LEAGUE OF CITIES EENR STEERING COMMITTEE MEETING. Motion -- Kamen moved that Council Member Roger's travel expenses be authorized. Motion -- carried carried 6 to 0. (Knight absent) STATUS OF WOMEN APPOINTMENT TO WICHITA COMMISSION ON THE STATUS OF WOMEN. One appointment (Lambke), for a term expiring June 30, 1997. Motion -- Lambke appointed Mary Janet Schmidt and moved that the appointment be approved. -- carried Motion carried 6 to 0. (Knight absent) EMPLOYEES' RETIREMENT APPOINTMENT TO WICHITA EMPLOYEES' RETIREMENT BOARD. One appointment (Ferris), for a term expiring June 30, 1997. Motion -- carried Ferris moved that the appointment be deferred 2 weeks. Motion carried 6 to 0. (Knight absent) SISTER CITIES APPOINTMENT TO SISTER CITIES ADVISORY BOARD. One appointment (Knight), for a term expiring June 30, 1997. Motion -- carried Cole moved that the appointment be deferred 2 weeks. Motion carried 6 to 0. (Knight absent) ZONING APPEALS NOTICE OF VACANCY - BOARD OF ZONING APPEALS. One vacancy (Lambke), due to the resignation of DeEtte Huffman, for a term expiring June 30, 1997. The appointment will be made May 13, 1997. PROCLAMATIONS PROCLAMATIONS. -- Unity of Sisterhood Day Motion -- carried Kamen moved that the proclamations be authorized. Motion carried 6 to 0. (Knight absent) OFF AGENDA ITEM Motion -- Gale moved that the rules be set aside and an Item be taken up off the Agenda. -- carried Motion carried 6 to 0. (Knight absent) Motion -- Gale appointed June Bailey and Stacey Larson to CPO 4.1 and moved that the -- carried appointment be approved. Motion carried 6 to 0. (Knight absent) CONSENT AGENDA Ferris moved that the Consent Agenda, except Item 14, be approved in accordance with the recommended action shown thereon. Motion carried 6 to 0. (Knight absent) BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED APRIL 28,1997. (Item No. 14) At 10:00 a.m., Friday, April 25, 1997, pursuant to advertisements published, bids were received, publicly opened, read aloud and tabulated for the Board of Bids and Contracts: (Ref: Bid analysis report attached to Board of Bids Minutes April 28, 1997.) PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: SEWERS, PAVING AND WATER MAINS AS PER SPECIFICATIONS Agenda Report No. 97-377. On February 25, 1997, the City Council authorized the bidding for Phase II of the Kellogg/Oliver Interchange construction. On April 25, 1997, the following four (4) bids were received for Phase II of the Kellogg/Oliver Interchange construction: Wildcat Construction Co., Inc. $25,910,083.95 Dondlinger Construction Co., Inc. 26,524,402.25 Eby Construction Co., Inc. 26,617,000.00 Clarkson Construction Co., Inc. 30,281,579.95 The Notice to Proceed will be issued October 1, 1997, although the contractor will be allowed to work in areas that do not affect the public prior to that date. The completion date is scheduled for May 31, 2000, for all items that affect traffic. Total project completion is scheduled for December 31, 2000. The Ordinances establish the total project budget at $55,600,000, with a local share of $17,110,000. Local Sales Tax funds are available to fund the increased cost (CIP Project F-37, pg. 23). Kellogg Avenue, Kellogg/Oliver Interchange, grading, surfacing, bridges, fencing, landscaping, lighting, signing, pavement marking, and signalization (Kellogg & Oliver). (702043/401093) Traffic to be maintained through construction. (Council approval date 2-25-97) (District II) Wildcat Construction - $25,910,083.95 Ferris moved that the contract 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; and the Ordinance be placed on first reading. Motion carried 6 to 0. (Knight absent) ORDINANCE An Ordinance of the City of Wichita, Kansas, amending Ordinance No. 42-171 of the City, in order to restate the estimated cost of improvements and the manner of payment of said improvements therein authorized, introduced and under the rules laid over. 1997 Contract Maintenance Arterial Concrete Reconstruction, Phase II. (132357) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District I, II & III) McFadden - $350,000.00 (Engineer's Construction Estimate)* 1997 Contract Maintenance Residential Concrete Reconstruction Phase II. (131516) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District I, II & III) McFadden - $125,050.00 (Engineer's Construction Estimate)* *Total Aggregate Bid - $475,050.00 36", 16" and 8" Water Mains along 21st Street North from Clubhouse to 127th Street, and in 127th Street from 21st Street to Tallowood (21st Street North, 127th Street East). (448-88951/632307/544513) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-18-95) Garney Companies - $1,159,664.80 Water Distribution System to serve Country Acres Fourth B Addition (east of Ridge, south of 13th). (448-89125/733709/470448) Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 3-4-97) (District V) KC Excavating - $12,650.00 Ferris 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. (Knight absent) GENERAL GOVERNMENT/OFFICE OF CENTRAL INSPECTION: DEMOLITION AND ASBESTOS REMOVAL OF 4248-4250-4252 WHITNEY LANE AND 4214-4216 WHITNEY LANE (617167) AS PER SPECIFICATIONS Item I - Farha Construction Inc. - $5,175.00 (Lump Sum Total) Option 1 - $150.00 Item II - Cornejo & Sons - $5,990.00 (Lump Sum Total) Option 1 - $250.00 PUBLIC WORKS/ENGINEERING: SURVEYING INSTRUMENTATION (132001) AS PER SPECIFICATIONS Klein Survey Systems, Inc. - $11,244.97 (Total Net Base Bid) Option 1 - $2,189.86 (Total Net Bid) WATER & SEWER/PRODUCTION & PUMPING: VALVE CHANGE OVER - REFIGURE PIPING (631986) AS PER SPECIFICATIONS Mechanical Systems, Inc. - $12,200.00 (Total Net Bid)# #Plus Applicable Sales Tax HEALTH/PERSONAL HEALTH: FLU VACCINE (674978 3904)AS PER SPECIFICATIONS Wyeth-Ayerst Laboratories - $30,000.00 (Total Net Bid)* *Alternate Bid VARIOUS: SAND, GRAVEL, ROCK, MUD BALLS, TOP SOIL AND FILL DIRT (132225) AS PER SPECIFICATIONS Fill Sand Vic's Sand, Gravel & Equipment - $.80 (Sand Only Per Ton) M&M Transportation, L.C. - $1.67 (Delivery Only Per Ton) Mason Sand Central Sand Company, Inc. - $3.35 (Sand & Delivery Per Ton) Central Sand Company, Inc. - $1.79 (Sand Only Per Ton) 1997 Contract Maintenance Bridge Deck Resurfacing (Central Ave over the Canal and northbound K-15 over the Canal). (132449) Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District I & III) Road Gravel Central Sand Company, Inc. - $3.59 (Road Gravel & Delivery Per Ton) Vic's Sand, Gravel & Equipment - $1.95 (Road Gravel Only Per Ton) Pea Gravel Central Sand Co., Inc. - $5.30 (Pea Gravel & Delivery [Unwashed] Per Ton Ritchie Sand Inc. - $5.00 (Pea Gravel Only [Washed] Per Ton) Central Sand Co., Inc. - $3.80 (Pea Gravel Only [Unwashed] Per Ton M & M Transportation - $1.67 (Delivery Only Per Ton) Limestone Rock George M. Myers, Inc. - $5.18 (Rock & Delivery Per Ton) Mud Balls Aggregate Sand & Gravel - No Charge (Mud Balls Only Per Ton) Moline Rock Richard's Trucking - $13.04 (Rock & Delivery Per Ton) Top Soil Central Sand Co., Inc. - $6.30 (Top Soil & Delivery Per Ton) Vic's Sand Gravel & Equipment - $4.40 (Top Soil Only Per Ton)* Central Sand Co., Inc. - $4.40 (Top Soil Only Per Ton)* *Tie Bid - Awarded to Both Fill Dirt Vic's Sand Gravel & Equipment - $1.00 (Fill Dirt Only Per Ton) M & M Transportation, L.C. - $2.50 (Delivery Only Per Ton) HUMAN SERVICES/WHA: LAWN MOWING, TRIMMING & EDGING SERVICES (127027) AS PER SPECIFICATIONS Group I - Atmosphere* Item 1 - $50.00 Per Mowing Item 2 - $40.00 Per Mowing Item 3 - $15.00 Per Mowing *Group I redirected from 4/21/97. Originally awarded to EZ Care Lawn Service who withdrew their bid and were removed from the bidders list. Ferris moved that the contract(s) be awarded as outlined above, same being the lowest and best bid. Motion carried 6 to 0. (Knight absent) LICENSE APPLICATION APPLICATIONS FOR LICENSES. Escort License. (This Item was deferred from April 1, 1997.) Stacey Henry Midnight Express902 N. West St. Ste.9 Adult Entertainment Valerie Washington Xcitement Video1515 S. Oliver Valerie Washington Xcitement Video1306 E. Harry Valerie Washington Camelot Theatre1519 S. Oliver Kim Kilgore Adult Superstore1504 E. 21st N Retail Cereal Malt Beverages. Renewal 1997 (Consumption on Premises) Edith Boede Lil Mexico* 1601 E. Pawnee (Consumption off Premises) John R. Leftwich C Mart #9102 7101 E. Lincoln John R. Leftwich C Mart #9111 7115 W. 13th Street Jeannie L. Moore Klepper Industries3520 N. Woodlawn Special Event Maria Lourdes Salazar Cinco De Mayo Fiesta2200-2300 N. Broadway Vickie Lynn Petersen Old Town Bar-B-CueParking Lot on Northwest Cook0ff-5/3/97 of 1st and Mead Thomas A. Mairs Big Sky Saloon-516/518 E. Douglas Block Party-5/16/97Parking Lot *General Restaurant-Beer Sales derive less than 50% of gross revenues. Motion -- Ferris moved that the licenses be approved subject to Staff review and -- carried approval. Motion carried 6 to 0. (Knight absent) PLANS AND SPECS. PLANS AND SPECIFICATIONS. a. Sewer Response Plan Raise Buried Manholes (1997 - Set 1). Does not affect existing traffic. (Council approval date 1-7-97) (District all) (468-82702/621672/533-278) b. 16" Water Main in Harry Street from approximately 1/4 mile west of 159th Street East to a 12" Water Main approximately 2/3 mile east of 159th Street East (Harry Street at 159th Street East). Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 4-8- 97) (District county) (448-89046/633537/544-547) Motion -- Ferris moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 9, 1997. Motion carried 6 to 0. (Knight absent) PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. a. Lateral 374, Southwest Interceptor Sewer to serve Country Meadows West & Buckhead Additions (north of Central, west of 119th Street West). (468-82650/743070/480399) Does not affect existing traffic. (Council approval date 3-18-97) (District 5) b. Water Supply Line to serve Country Meadows West Addition (along Central, west of 119th Street West). (448-89086/733774/470455) Does not affect existing traffic. (Council approval date 3-4-97) (District 5) c. Water Distribution System to serve Country Meadows West (north of Central, west of 119th Street West). (448-89087/733782/470456) Does not affect existing traffic. (Council approval date 3-18-97) (District 5) d. Storm Water Sewer 481 to serve Hickory Creek Estates Addition (south of 13th Street North, west of 119th Street West). (468- 82683/750943/485130) Does not affect existing traffic. (Council approval date 3- 18-97) (District 5) e. Carr Ave, Shefford and Prescott Circles to serve Lark 3rd Addition (south of Kellogg, east of 119th Street West). (472- 82727/764068/490509) Does not affect existing traffic. (Council approval date 5- 21-96) (District 5) f. Water Distribution System to serve part of Reflection Ridge 7th Addition (south of 29th, west of Ridge). (448-88898/733790/470457) Does not affect existing traffic. (Council approval date 3-21-95) (District 5) Motion -- Ferris moved that the plans and specifications be approved and the City Clerk be instructed to advertise for bids to be submitted to the Board of Bids and -- carried Contracts by 10:00 a.m., May 9, 1997. Motion carried 6 to 0. (Knight absent) PRELIMINARY ESTIMATES PRELIMINARY ESTIMATES. a. 1997 Contract Maintenance Quickest Slurry Seal of Asphalt Streets, Phase I - $164,300.00. Traffic to be maintained through construction using flagpersons and barricades. (Council approval date 3-4-97) (District IV, V & VI) (131-557) b. Water Distribution System to serve Maple Lane Addition (south of Maple, east of Ridge - $54,000.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 7-2-96) (District V) (448-89058/733360/470-414) c. Water Distribution System to serve Ivy Christine Addition (south of Maple, west of Hoover - $31,000.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 2- 25-97) (District V) (448-89080/733683/470-446) d. Water Distribution System to serve Hickory Creek Estates Addition (south of 13th Street North, west of 119th Street West) - $104,040.00. Does not affect existing traffic. (Council approval date 3-18-97) (District V) (448-89127/733741/470-452) e. Storm Water Drain #124 to serve The Park Chateau (east of Maize, south of Pawnee) - $38,150.00. Does not affect existing traffic. (Council approval date 8-27-96) (District V) (468-82636/750927/485-128) f. Storm Water Sewer #480 to serve Brentwood Village Addition (south of Harry, east of Webb) - $163,280.00. Does not affect existing traffic. (Council approval date 2-25-97) (District II) (468-82667/750935/485-129) g. 31st Street North to serve Mediterranean Plaza (north of 29th Street North, west of Webb Road) - $119,180.00. Does not affect existing traffic. (Council approval date 3-25-97) (District II) (472-82803/764209/490-523) h. Group G Main Replacement Project along Indiana from Murdock to 13th Street, Ohio from Murdock to 10th Street, and 9th Street from Ohio to Cleveland (south of 13th, east of Ohio) - $510,000.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-14-97) (District I) (448-89101/634717/544-126) i. Installation of approximately 6,800 feet of 16" Water Main in Harry Street (1,200 feet east of Greenwich Road to 2,750 feet east of 127th Street East) - $490,000.00. Traffic to be maintained during construction using flagpersons and barricades. (Council approval date 1-7-97) (District county) (448-89045/633529/544-546) Motion -- Ferris moved that the preliminary estimates be approved and filed. Motion -- carried carried 6 to 0. (Knight absent) BOARD MINUTES MINUTES OF ADVISORY BOARDS. CPO Northeast Council 1, 4/14/97 CPO East Council 2, 4/14/97 CPO Southwest Council 4, 4/10/97 CPO Northwest Council 5, 4/16/97 Historic Preservation Board, 3/10/97 Metropolitan Area Planning Commission, 3/27/97 Wichita/Sedgwick County Board of Health, 4/9/97 Motion -- carried Ferris moved that the Minutes be received and filed. Motion carried 6 to 0. (Knight absent) EASEMENTS EASEMENTS AND DEDICATIONS. a. Easement dated April 7,1997 from Douglas C. Winkley for a tract in Tallgrass Commercial 3rd Addition (Tallgrass Drainage, Index 763995) (no cost to City). b. Easement dated April 4, 1997 from Paul D. Jackson for a tract in Bradley Fair 2nd Addition (Bradley Fair Parkway Sidewalk Index 763698) (no cost to City). c. Easement dated December 10, 1996 from Randall Doerksen for a tract in University Place Addition (Relocation of SS#8, Index 621540) (no cost to City) has been filed and recorded. d. Easement dated March 24, 1997 from Lee A. Spence for a tract in Santa Fe Industrial District (Private Project,Index 607861) (no cost to City) has been filed and recorded. e. Two easements dated February 23, 1997 from Alan D. and Marilyn McClure for tracts in Cottonwood Grove 2nd Addition (Private project, Index 607861) (No cost to City) have been filed and recorded. f. Two easements dated March 13,1997 from E. Leo Kastens for tracts in the NW Quarter Sec 4 Twp 27S R1W (Water Main, Index 633545) (no cost to City) g. Easement dated February 19, 1997 from Mark A. Chappelle for a tract in The Park Chateau Addition (Park Chateau Improvements, Index 733717) (no cost to City) Motion -- Ferris moved that the documents be received and filed and the City Clerk be -- carried instructed to record with the Register of Deeds. Motion carried 6 to 0. (Knight absent) STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures/uses considered. MAPLE AND SENECA CONSTRUCTION AGREEMENT FOR MAPLE AND SENECA. (District VI) Agenda Report No. 97-365. On August 20, 1996, the City Council approved including the intersection of Maple and Seneca as part of the 1996 Intersection Reconstruction Program (CIP #MS-412). The project consists of installing left-turn lanes, upgrading traffic signals and landscaping. The project will be brought back to City Council for approval prior to construction. KDOT will pay 90 percent of the cost of construction and construction engineering. The City's share will be paid by General Obligation Bonds authorized by Ordinance No. 42-985. Motion -- Ferris moved that the Agreement be approved and the Mayor be authorized to sign; -- carried and the Resolution be adopted. Motion carried 6 to 0. (Knight absent) RESOLUTION NO. R-97-117 A Resolution relating to benefits obtainable by cities under the Federal and State Aid Program, presented. Ferris moved that the Resolution be adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. INVESTIGATIVE SVCS. INVESTIGATIVE AND SURVEILLANCE SERVICES. Agenda Report No. 97-366. Investigative services are required to verify physical activities, personal backgrounds and prior legal activities on various individuals making claim against the City's self-insurance programs. The investigative service works with Risk Management and Law Department on workers compensation claims and personal injury claims. A request for proposal (RFP) was sent out to 14 vendors and 5 responded. The best overall proposal is Intellicom Services Corporation which scored the highest with regard to workers compensation experience, percentage of subcontract work and a comprehensive investigative policy. The contract does not obligate the City to a specific fixed annual cost. The City will pay fees at the hourly rate established in the contract as services are required. Motion -- Ferris moved that the selection of Intellicom Services Corporation be approved and the Purchasing Manager be authorized to sign an annual contract renewable for -- carried three years. Motion carried 6 to 0. (Knight absent) PROPERTY ACQUISITION ACQUISITION OF 436 SOUTH BROOKSIDE FOR THE EAST KELLOGG PROJECT. (District II) Agenda Report No. 97-367. When the opportunity arises, the City of Wichita acquires right-of-way for the East Kellogg Improvement Project. The opportunity purchases are made if the property is vacant or if the owner makes the initial contact to sell and is willing to sell at the price offered by the City. One such property is located at 436 S. Brookside (Lot 9, Block K, 2nd Addition to the Village) and is owned by the estate of Ruth E. Risen. The house is located on the north side of Kellogg and will be needed for the Woodlawn leg of the East Kellogg improvement. The property is a 2,037 square foot ranch style house with three bedrooms and two baths on an 13,195 square foot site. The property was appraised for $89,000. The property has been inspected and is in good structural condition. There will be some painting needed to make the property leasable. The cost of this work was estimated at $2,500 and was deducted from the appraised value to arrive at an offer value of $86,500. The property owner has agreed to sell to the City of Wichita for this amount. The property is currently vacant. Upon acquisition, the house will be prepared for leasing and leased until it is needed for the project. The 1996 Capital Improvement Program includes funds for Kellogg Opportunity Purchases. The funding source will be General Obligation Bonds. The budget of $88,500 includes $86,500 for the acquisition and $2,000 for closing costs and title insurance. Motion -- Ferris moved that the transfer of funds, the Budget, and the Real Estate Purchase Contracts be approved and the Mayor be authorized to sign the necessary -- carried documents. Motion carried 6 to 0. (Knight absent) ORDINANCES SECOND READING ORDINANCES. (First Reading 4/22/97) Liquid Waste Code. ORDINANCE NO. 43-478 An Ordinance amending Sections 7.08.020 and 7.08.140 of the code of the City of Wichita, Kansas, pertaining to definitions and solid waste collection vehicles and repealing the original of said sections and creating Section 7.08.125 of the Code of the City of Wichita, Kansas, pertaining to liquid waste, read for the second time. Ferris moved that the Ordinance be placed upon its passage and adopted. Motion carried 6 to 0. (Knight absent) Yeas: Cole, Ferris, Gale, Kamen, Lambke, Rogers. PLANNING AGENDA Marvin Krout Director of Planning stated that Items 29, 30, 31, 33, and 34 could be considered as consensus Items unless the Council desired to withhold other items. Motion -- Cole moved that Planning Agenda Items 29, 30, 31, 33, and 34 be approved as -- carried consensus Items. Motion carried 6 to 0. (Knight absent) V-1968 V-1968 - PUBLIC HEARING: REQUEST TO VACATE UTILITY AND DRAINAGE EASEMENT LOCATED (Item No. 26) IN AN AREA NORTH OF 21ST STREET NORTH AND EAST OF MAIZE ROAD. (District V) Agenda Report No. 97-368. Staff Recommendation: Approve vacation of utility and drainage easement. MAPC Recommendation: Approve vacation of utility and drainage easement. (unanimous) The applicant is requesting the vacation of a utility and drainage easement. The area of the proposed vacation is currently developed with a Dillons market and parking lot. The easement was not necessary for the development of this area due to the realignment of drainage and sanitary sewer lines. City Engineering and utility representatives have indicated that this vacation is acceptable. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. No members of the public addressed the MAPC in opposition to this request. 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. Vice Mayor Cole Vice Mayor Cole inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Rogers 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. (Knight absent) V-2024 V-2024 - PUBLIC HEARING: REQUEST TO VACATE UTILITY EASEMENT LOCATED IN AN AREA (Item No. 27) NORTH OF 21ST STREET AND EAST OF TYLER. (District V) Agenda Report No. 97-369. Staff Recommendation: Approve vacation of utility easement. MAPC Recommendation: Approve vacation of utility easement. (unanimous) The applicant is requesting the vacation of the utility easement in order to extend an existing building on the site. The easement was not used for the development of the site and is not needed to serve adjacent development. City Engineering and the utility representatives have indicated that the vacation is acceptable. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. No members of the public addressed the MAPC in opposition to this request. 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. Vice Mayor Cole Vice Mayor Cole inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Rogers 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. (Knight absent) V-2025 V-2025 - PUBLIC HEARING: REQUEST TO VACATE UTILITY EASEMENT LOCATED IN AN AREA SOUTH OF HARRY AND EAST OF YALE. (District III) Agenda Report No. 97-370. Staff Recommendation: Approve vacation of utility easement. MAPC Recommendation: Approve vacation of utility easement. (unanimous) The applicant is requesting the vacation of the utility easement in order to expand an existing building on the site. The easement was not used for the development of the site and is not needed to serve adjacent development. City Engineering and the utility representatives have indicated that the vacation is acceptable. The vacation request has been reviewed and approved by the Planning Commission, subject to conditions. No members of the public addressed the MAPC in opposition to this request. 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. Vice Mayor Cole Vice Mayor Cole inquired if anyone wished to be heard on this Item and no one appeared. Motion -- Rogers 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. (Knight absent) S/D 96-90 S/D 96-90 - PLAT OF THE CARRIAGE HOUSE PLAZA THIRD ADDITION LOCATED NORTH OF KELLOGG AND EAST OF TYLER ROAD. (District IV) Agenda Report No. 97-371. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (Unanimously) This site is located in a developed area of the City and needed facilities are already available. However, to provide for sidewalks along an existing street (McCormick), a sidewalk certificate has been provided. This site is within the noise impact area of MidContinent Airport and an avigational easement and restrictive noise 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, Sidewalk Certificate, and Restrictive Covenant from Kenneth and Lou Ann Doss - Carriage house Plaza Third Addition, Lot 1. Motion -- Cole 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 -- carried authorized to sign. Motion carried 6 to 0. (Knight absent) S/D 97-10 S/D 97-10 - PLAT OF THE CAMPUS ADDITION LOCATED NORTH OF 55TH STREET SOUTH AND EAST OF MERIDIAN. Agenda Report No. 97-372. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (Unanimously) This site is for the Campus High School facility. Municipal services are available to the site or are under development. Since this site will be using Wichita water lines, an outside-the-City agreement has been obtained. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Documents Water Agreement with Nancy Richardson, USD 261. Motion -- Cole moved that the Water Agreement be approved and the Mayor be authorized to sign; the document 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. (Knight absent) S/D 97-21 S/D 97-21 - PLAT OF THE PRECISION METALCRAFT ADDITION LOCATED NORTH OF 31ST STREET SOUTH AND WEST OF HILLSIDE. (District III) Agenda Report No. 97-373. Staff Recommendation: Approve plat. MAPC Recommendation: Approve plat. (Unanimously) This site is located in a developed area of the City and needed facilities are already available. A zone change (Z-3221) from "SF-6" single family residential and "LC" limited commercial to "LI" limited industrial zoning has been approved for this site subject to platting. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Motion -- Cole moved that the plat be approved as recommended and the Mayor be authorized to sign; and the associated zone change Z-3221 Ordinance be placed on first reading with publication of the Ordinance being withheld until such time as -- carried the plat has been recorded with the Register of Deeds. Motion carried 6 to 0. (Knight 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-3221 Z-3222 Z-3222 - REQUEST FOR ZONE CHANGE FROM "SF-6" SINGLE FAMILY RESIDENTIAL DISTRICT (Item No. 32) TO "GO" GENERAL OFFICE DISTRICT, LOCATED NORTH OF 13TH STREET NORTH, WEST OF RIDGE ROAD. (District V) Marvin Krout Director of Planning reviewed the Item. Agenda Report No. 97-374. MAPC Recommendation: Approve, "NO" Neighborhood Office, subject to platting (12-0). Deny "GO" General Office. Staff Recommendation: Approve, "NO" Neighborhood Office, subject to platting. Deny "GO" General Office. CPO Recommendation: Approve "NO" Neighborhood Office, subject to platting. Deny "GO" General Office (5-0). The applicant requests a zone change from "SF-6" Single- Family Residential to "GO" General Office for a 2.43 acre tract located north of 13th Street North on the west side of Ridge Road. The applicant has stated that the site will be developed for a dental office and would provide a good transition from the commercial development to the south to the residential development to the north and west. The application area is currently being platted as Brock 4th Addition and the preliminary plat shows access control along Ridge Road except for two openings. The site is surrounded by "TF-3" Two-Family Residential property to the north and west developed with duplexes. The West Urban Baseball Complex is located on "SF-20" zoned property across Ridge to the east. Sluggers is located on property to the south zoned "LC" Limited Commercial with the Professional Plaza West office complex located at the northwest corner of 13th Street and Ridge, also zoned "LC". During the Planning Commission's discussion of this matter on March 27, 1997, questions concerning the recommendation by staff to deny the request for "GO" General Office and approve "NO" Neighborhood Office district were asked by the commission. The applicant and the applicant's agent were concerned about how the "NO" Neighborhood Office district would impact the future development of the property. After discussion, the MAPC voted (12-0) to approve "NO" Neighborhood Office as recommended by staff. Since the MAPC meeting, the applicant has requested the case be sent back to CPO(5) and the MAPC for reconsideration of the request for "GO" General Office. The applicant has stated that a "prospective medical office tenant" would need to have the ability to have patients stay over night for treatment. Use of the property in this manner would require "GO" General Office zoning. Council Member Ferris Council Member Ferris said he had no problem sending this Item back to the MAPC but added that he did not think it was necessary to be reheard by the CPO. Motion -- Ferris 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 Item be returned to the MAPC for reconsideration. Motion carried -- carried 6 to 0. (Knight absent) Z-3223 Z-3223 - REQUEST FOR ZONE CHANGE FROM "LC" LIMITED COMMERCIAL DISTRICT TO "GC" GENERAL COMMERCIAL DISTRICT; AND DP-7 - AMENDMENT #6 TO SWEETBRIAR SHOPPING CENTER COMMUNITY UNIT PLAN LOCATED NORTH OF 21ST STREET NORTH AND WEST OF AMIDON. (District VI) Agenda Report No. 97-375. MAPC Recommendation: Approve, subject to conditions (11-0-1). Staff Recommendation: Approve, subject to conditions. CPO Recommendation: Approve (8-0). The applicant requests an amendment to the Sweetbriar Shopping Center Community Unit Plan located north of 21st Street North and west of Amidon to allow outdoor display and storage of "seasonal and non-seasonal" landscape materials and metal building products for the Sutherland's Lumber store. The CUP was last amended on September 26, 1996 to allow 10,951 square feet for an outdoor storage area along the northern side of the existing building. The Sutherland's store is approximately 54,760 square feet in size, and the maximum storage area allowed in the Limited Commercial district is 20 percent. Therefore, the request includes a zone change from "LC" Limited Commercial to "GC" General Commercial in order to expand the area for outdoor storage and display. As part of the last amendment, the storage area was required to be fully screened from view, therefore the applicant is also requesting that the storage area be fenced with material that would allow the merchandise to be visible from the parking lot. The proposed amendment will create two new parcels (1A and 1B) as shown on the site plan. Parcel 1A is located at the northeastern portion of the existing building and will contain 10,525 square feet of display area (the amendment would move the display area to the east, thereby reducing the amount of area from what is currently allowed). The use of the parcel will be for "exterior storage of seasonal landscape materials (trees, shrubs, bedding plants, and other green planting materials) and the exterior storage of non-seasonal landscape materials (C.C.A. treated timbers, railroad ties, stones, rock, gravel, and other ground cover products)." The storage area is to be enclosed by an eight foot wood screening fence along the northwest portion of the display area (the west fence line and the west 40 feet of the north fence line) and an eight foot chain link fence on the balance of the parcel to allow the merchandise to be seen from the parking lot. Parcel 1B is located in an area southeast of the Sutherland's Lumber store and contains 2,700 square feet. The use of the parcel will be for "exterior storage of metal building products (fencing materials, chain link and woven wire fence, gates, stock enclosures, water tanks, feed bunkers, dog runs, and other similar materials)." The storage area is to be enclosed by an eight foot chain link fence on the east, south, and west sides of the parcel (there is a fire exit located between the storage area and the existing building). The applicant proposes to rezone Parcel 1B to the "GC" district to permit the expanded storage area. The application area is surrounded by "LC" Limited Commercial zoning to the north, east, and south and has developed with various commercial uses. There is "B" Multi-Family zoning west of the store site. During the Planning Commission's discussion of this matter on March 27, 1997, questions concerning the type of fencing to be used for the storage and display areas were asked by the Commission. The agent and applicant stated the new tenant, Sutherland's Lumber, wanted these areas to be seen from the parking lot, and were planning to use chain link and wood fencing. After debating alternative fencing materials, the agent and applicant agreed to construct the fence surrounding the two new storage and display areas with wood and wrought iron fencing as recommended by the Commission. A representative of the Benjamin Hills Neighborhood Association spoke in support of the proposal, with no one speaking in opposition. After discussion, the MAPC voted (11-0) to approve the CUP amendment and zone change, subject to the recommended conditions. Motion -- Cole 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. (Knight 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-3223 Z-3224 Z-3224 - REQUEST FOR ZONE CHANGE FROM "TF-3" TWO FAMILY RESIDENTIAL DISTRICT TO "LC" LIMITED COMMERCIAL DISTRICT; AND DP-183 - AMENDMENT #6 TO THE DAVIS-MOORE COMMUNITY UNIT PLAN TO PERMIT EXPANSION OF AUTOMOTIVE DEALERSHIP (EMPLOYEE PARKING AREA), LOCATED SOUTH OF KELLOGG, EAST OF LIGHTNER, AND WEST OF LEXINGTON. (District II) Agenda Report No. 97-376. MAPC Recommendation: Approve, subject to conditions (10-0-2). Staff Recommendation: Approve, subject to conditions. CPO Recommendation: Approve (6-0). The applicant requests a zone change from "TF-3" Two-Family Residential to "LC" Limited Commercial for Lots 14 and 17, Drivers Addition (548 S. Lightner and 549 S. Lexington), located south of Kellogg, east of Lightner, and west of Lexington. The applicant also requests an amendment to expand the Davis-Moore Community Unit Plan to add the two lots proposed for rezoning to the CUP. The subject property is currently developed with single- family homes and is bordered by the Davis-Moore auto complex to the north, single-family homes to the west and east, and two single-family homes to the south. The applicant indicates that the existing homes on the subject property will be removed and the lots will be used for an expansion of the previously approved (Amendments #3 and #4) parking area for employees of the auto complex. Amendment #4 placed a height restriction for the parking lot lights of 15 feet for former Lots 13 and 18, and the applicant is revising that provision to include the subject property. The applicant is also providing a site plan for the proposed parking area. The CUP drawing shows complete access control along Lot 14 and 17 where adjacent to Lightner and Lexington. The expanded parking area will have access to Lightner through an opening created through a recent amendment to this CUP (#5). The required 10 foot landscape planting strip along Lightner and Lexington, as well as the extension of the wood fence between the auto dealership and adjacent residential properties to the south, will be extended through this amendment. As in past amendments, the required planting strips will be installed when any improvements are initiated on those lots. During the Planning Commission's discussion of this matter on March 27, 1997, neighborhood residents raised questions concerning the traffic along Orme, and felt some of the problems were a result of the Davis-Moore expansion to the south. The agent for the applicant argued that the traffic situation on Orme was a result of Kellogg traffic problems and not from the car lot. After discussion, the MAPC voted (10-0-2) to approve the CUP amendment and zone change, subject to the recommended conditions. Motion -- Cole 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. (Knight 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-3224 EXECUTIVE SESSION Motion -- Cole moved that the Council recess for ten minutes and then move to executive session to consider consultation with legal counsel on matters privileged in the attorney-client relationship relating to pending litigation, potential litigation, legal advice, and contract negotiations; matters relating to employer-employee negotiations; and the regular meeting be resumed no sooner than -- carried 11:50 a.m. in the City Council Chambers. Motion carried 7 to 0. RECESS Council recessed at 10:50 a.m. and reconvened in regular session at 11:50 a.m. Vice Mayor Cole Vice Mayor Cole announced that no action was necessary as a result of the executive session. ADJOURNMENT The City Council meeting adjourned at 11:50 a.m. Pat Burnett City Clerk COUNCIL PROCEEDINGS JOURNAL 163 APRIL 29, 1997 Page 1