REVISDED 03-03-06: Agenda Item No. 10f. Wichita/Great Race Agreement Item No. 21 Revised 03/06/06 Cultural Funding Application and Review Process MARCH 7, 2006 AGENDA REPORTS Agenda Item No. 9. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0224 TO: Mayor and City Council SUBJECT: Street Closures INITIATED BY: City Manager's Office AGENDA: Consent _____________________________________________________________________ __ Recommendation: Approve the request for street closures. Background: In accordance with the Special Events Procedure, event sponsors are to notify adjacent property owners and coordinate arrangements with Staff, subject to final approval by the City Council. Analysis: The following street closure requests have been submitted (see attached maps): Young Peoples Concerts, Tuesday & Wednesday, April 11-13, 2006 1. Century II Drive from Main Street north to Douglas 2. Perimeter drive around east side of Century II April 11 9:00 a.m. - Noon April 12 & 13 11:30 a.m. - 2:30 p.m. Security is arranged to remove street barricades as necessary to allow emergency vehicle access during entire designated time periods. Financial Consideration: Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Recommendation/Actions: It is recommended that the City Council approve the request subject to: (1) Event sponsors notifying every property and/or business adjoining any portion of the closed street; (2) Coordination of event arrangements with City Staff; (3) Hiring off-duty public safety officers as required by the Police Department; (4) Obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Department; (3) Submitting a Certificate of Insurance evidencing general liability insurance, which covers the event and its related activities, including the naming of the City as an additional insured with respect to the event's use of the closed City streets. Agenda Item No. 10a. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0225 TO: Mayor and City Council SUBJECT: Agreement to Respread Assessments: Falcon Falls Commercial Addition (north of 45th Street North and west of Hillside Avenue) (District I) INITIATED BY: Department of Finance AGENDA: Consent Recommendation: Approve the Agreement. Background: The landowner, Heights, L.L.C., a Kansas Limited Liability Company, platted Falcon Falls Commercial Addition and has submitted an Agreement to respread special assessments within the Addition. Analysis: The land was originally included in an improvement district for a main sanitary sewer improvement. The purpose of the Agreement is to respread special assessments on a fractional basis for each lot, therefore, distributing the cost of the improvement more fairly. Without the Agreement, the assessments will be spread on a square foot basis. Financial Considerations: There is no cost to the City. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendations/Actions: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. Agenda Item No. 10b. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0226 TO: Mayor and City Council SUBJECT: Agreement to Respread Assessments: Falcon Falls 3rd Addition (north of 45th Street North and west of Hillside Avenue) (District I) INITIATED BY: Department of Finance AGENDA: Consent Recommendation: Approve the Agreement. Background: The landowner, Heights, L.L.C., a Kansas Limited Liability Company, platted Falcon Falls 3rd Addition and has submitted an Agreement to respread special assessments within the Addition. Analysis: The land was originally included in an improvement district for a main sanitary sewer improvement. The purpose of the Agreement is to respread special assessments on a fractional basis for each lot, therefore, distributing the cost of the improvement more fairly. Without the Agreement, the assessments will be spread on a square foot basis. Financial Considerations: There is no cost to the City. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendations/Actions: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. Agenda Item No. 10c. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0227 TO: Mayor and City Council SUBJECT: Standby Power Generation INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendation: Approve the Agreement with Professional Engineering Consultants, P.A. for engineering services for standby power generation. Background: Reliable power is a critical element in providing water service to the City of Wichita and its customers. The Water & Sewer Department's Vulnerability Assessment identified lack of standby power generation as a security concern and recommended the installation of standby power generation. Additional to security concerns is the potential for a natural disaster. Events such as the ice storm of January 2005, and the resulting power outages, have further illustrated the need for standby power generation. A Capital Improvement Program for Water & Sewer Department security has been established. It includes standby power generation for the water treatment plant, Hess pump station, Webb Road pump station, Cheney pump station and the Equus Beds wellfield. Analysis: Requests for Proposals were sent to engineering firms, with six firms responding. The Staff Screening & Selection Committee met on November 30, 2005, and selected three firms to interview. On December 22, 2005, the committee heard presentations from the three firms and selected Professional Engineering Consultants (PEC) to provide services. Financial Considerations: Water System Security Improvements (CIP W-903) has available funding of $5,913,970. The Agreement with PEC is for $199,510. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendations/Actions: It is recommended that the City Council approve the Agreement with PEC for engineering services and authorize the necessary signatures. Agenda Item No. 10d. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0228 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Central from Woodlawn to Rock Road (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: On April 16, 2002, the City entered into an Agreement with Ruggles & Bohm, P.A. (R&B) for designing improvements to Central from Woodlawn to Rock Road, not including the Central at Woodlawn intersection. The fee was $124,260. On July 15, 2003, the City Council approved Supplemental Agreement No. 1, which requested R&B to extend the sanitary sewer farther east to Broadmoor. The fee for this additional work was $2,200. On August 31, 2004, the City Council approved Supplemental Agreement No. 2, which had R&B make some changes to the plans as a result of right-of-way negotiations with adjacent property owners. The fee was $6,800. Analysis: As the design of this project has progressed, staff now feels that the Woodlawn intersection should be added to the project scope. Supplemental Agreement No. 3 has been prepared to authorize the additional design work. Financial Considerations: Payment to R&B will be on a lump sum basis of $25,970 and will be paid by General Obligation Bonds. Funds are available in the previously approved design and construction projects. Legal Considerations: The Supplemental Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. *Attachments included; Supplemental Agreement No. 3 SUPPLEMENTAL AGREEMENT NO. 3 TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED APRIL 16, 2002 BETWEEN THE CITY OF WICHITA, KANSAS PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND RUGGLES & BOHM, P.A. PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated April 16, 2002) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements to CENTRAL FROM WOODLAWN TO ROCK ROAD. WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for the PROJECT and receive additional compensation (as revised herein): NOW THEREFORE, the parties hereto mutually agree as follows: A. PROJECT DESCRIPTION The description of the improvements that the CITY intends to construct and thereafter called the "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following: Central & Woodlawn Intersection (Project No. 472 83874, OCA No. 706872) B. PAYMENT PROVISIONS The fee in Section IV. A. shall be amended to include the following: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee amount of $25,970.00. C. COMPLETION The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY by ________________________; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions of inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER. D. PROVISIONS OF THE ORIGINAL CONTRACT The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2006. BY ACTION OF THE CITY COUNCIL __________________________________ Carlos Mayans, Mayor ATTEST: _________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: _________________________________ Gary Rebenstorf, Director of Law RUGGLES & BOHM, P.A. __________________________________ (Name and Title) ATTEST: _________________________________ Agenda Item No. 10e. City of Wichita City Council Meeting March 07, 2006 Agenda Report No. 06-0229 TO: Mayor and City Council Members SUBJECT: Relocation of Westar Energy Inc.Utilities along East Central, between Carriage Parkway and Brookside (Districts I and II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: On November 4, 2003 the City Council approved a project to improve Central between Woodlawn and Oliver. A portion of the necessary work includes relocation of a Westar Energy, Inc underground electric line located on the north side of Central, between Carriage Parkway and Brookside. Final design necessitates relocation of the underground electric lines to recently acquired right of way, the cost of which in this case is the responsibility of the City of Wichita. Analysis: Cost to relocate Westar Energy, Inc. underground electric lines is $30,502.35. An Agreement has been prepared to authorize these expenditures. Financial Considerations: Funds are available in the project to provide for utility relocation costs. The funding source is GO bonds. Legal Considerations: The Law Department has approved the Agreement as to form. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. *Attachments included; Electric Line Modification/Relocation Agreement Agenda Item No. 10f - Revised City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0230 TO: Mayor and City Council SUBJECT: Wichita/Great Race Agreement INITIATED BY: City Manager's Office AGENDA: Consent Recommendation: Approve the agreement. Background: The City of Wichita, Greater Wichita Convention & Visitors Bureau (GWCVB) and Wichita Downtown Development Corporation (WDDC) have successfully partnered together to bring the Great Race to Wichita as an overnight stay. A rally-race for old cars evocative of the 1965 Movie "The Great Race" starring Tony Curtis and Jack Lemon, these "Great Racers" will be at the midway point on a 4,200 mile competition from Philadelphia, Pennsylvania to San Rafael, California when they stop in downtown Wichita. The Great Race was last seen in Wichita in 1985. The Great Race is the country's longest and richest running vintage automobile rally. Each year more than 100 antique automobiles participate. Each day, drivers and navigators carefully follow a set course while competing in a time-speed-distance race. Vehicles must be 45 years or older and the age factor plays a big part in the final score. This event will be free and open to the public. The plans of the three host partners will be to make this a community event that will bring thousands of visitors to downtown. It is anticipated that an estimated economic impact from the Race participants will be approximately $200,000. Analysis: As a host city for this event, the City of Wichita must enter into an agreement with the Great Race. This agreement requests street closures. It has been determined that the event will take place on June 30, 2006. The City, GWCVB and WDDC would like to host this event on Douglas Avenue, closing Douglas from Main Street to McLean Blvd. (including Douglas Street Bridge) and Century II Drive, from 3:30 PM to Midnight on Friday, June 30, 2006. The GWCVB is fulfilling the request to provide hotel rooms for the Great Race staff, as outlined in the agreement. All partners will work together to agree upon appropriate levels of security, traffic control and arrival gate ceremonies. Financial Considerations: There is a $1,500 host fee for this event; split between the three partners will make the City of Wichita's share at $500. Legal Considerations: Legal has reviewed and approved the contract. Recommendations/Actions: It is recommended that the City Council approve the agreement subject to: (1) the three partners will notify every property and/or business adjoining any portion of the closed street; (2) Coordination of event arrangements with City Staff; (3) Hiring off-duty public safety officers as required by the Police Department; (4) Obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Department; (5) Submitting a Certificate of Insurance evidencing general liability insurance which covers the event and its related activities, including the naming of the City as an additional insured with respect to the event's use of the closed City streets. Agenda Item No. 11a. CITY OF WICHITA City Council Meeting March 7, 2006 Agenda Report No. 06-0231 TO: Mayor and City Council Members SUBJECT: Acquisition of Land (District V) INITIATED BY: Office of Property Management AGENDA: Consent Recommendation: Approve the exercise of the option. Background: On December 30, 2003, the City Council approved the acquisition of a parcel of land between Tyler and Maize Roads south of 31st Street South and authorized staff to negotiate a real estate purchase contract. On July 27, 2004, the City Council approved the real estate purchase contract. The contract called for the land to be acquired in four parcels. The first parcel was acquired on September 28, 2004. The other three parcels were optioned with acquisition dates of March 31 of 2005, 2006 and 2007. The second parcel was acquired as scheduled in 2005. Analysis: The option price is $946,667.00 plus interest from March 31, 2004 at .75% (approximately $14,200). If the option is not exercised by March 31, 2006, it as well as the remaining option shall be declared null and void. Financial Considerations: Funding for the acquisition was approved by the December 30, 2003 action, as was a bonding resolution. Legal Considerations: The Law Department has approved the contract and options as to form. Recommendation/Action: It is recommended that the City Council approve the exercise of the option and authorize all necessary signatures. Agenda Item No. 11b. CITY OF WICHITA City Council Meeting March 7, 2006 Agenda Report No. 06-0232 TO: Mayor and City Council Members SUBJECT: Acquisition of Easements for the Integrated Local Water Supply Plan (Harvey County) INITIATED BY: Office of Property Management AGENDA: Consent Recommendation: Approve the acquisition. Background: On August 3, 1993 the City Council approved the Water Supply Plan prepared by Burns & McDonnell/MKEC Engineering Consultants. The Plan identified cost-effective water resource projects to meet the City's future water needs. On October 10, 2000, City Council approved the projects and implementation of the plan. One portion of the Water Supply Plan is the groundwater recharge project which includes the capture of above base flow water (water which is generated from rainfall runoff above the base river flow) in the Little Arkansas River, the transfer to and storage of captured water in the aquifer, and the recovery and use of this water to meet future demands for the City of Wichita. Analysis: Twenty-two sites were identified as necessary for the location of a twenty-four inch water line to serve recharge/recovery wells, recharge well or recharge basins. Twenty-one of the twenty-two easements have been secured. This specific site consists of one-and-a-half acre permanent easement site and a 30-foot-by-1,290-foot pipeline easement along the southern edge of the subject property. A facility will be constructed on the acre and a half for treating the water with a powder activated carbon before the water is recharged into the ground. The property owner has agreed to convey said easement in exchange of $17,225. Financial Considerations: A budget of $17,975 is requested; this includes $17,225 for acquisition and $750 for title work, title insurance and closing costs. Funding for this project is included in the CIP in W-549, Water Supply Plan Phase III, which has an available funding of over $7.6 million. Legal Considerations: The Law Department has approved the contracts as to form. Recommendation/Action: It is recommended that the City Council; 1) Approve the Budget; 2) Approve the easements; and 3) Authorize all necessary signatures. Agenda Item No. 12. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0233 TO: Mayor and City Council Members SUBJECT: Sale of Surplus Property located at 1755 North Grove (District I) INITIATED BY: Office of Property Management AGENDA: Consent _____________________________________________________________________________ Recommendation: Approve sale of surplus parcel. Background: On December 20, 2005, City Council approved the property to be declared as surplus. The property is located on the Southwest corner of North Grove and 17th Street. It is legally described as Lots 1-3 and Lot 5, Grove Street Logan Addition. The facility was built in 1949 and added onto in 1983 as the location of Fire Station #10. Most recently, the Fire Department has vacated the property and the underground tanks have been removed. This two-story building is 4,410 square feet, brick construction and sits on a 9,583 square foot site. The Zoning is Limited Commercial. Analysis: City staff has marketed on the internet and through advertisements. A local businessman has offered to purchase the property as-is for $50,000 to relocate his auto repair business there. Financial Considerations: The City will receive cash consideration for the sale of the property, less $300 in closing costs. Upon sale, the property will return to the tax rolls. Legal Considerations: The Law Department approved the contract as to form. Recommendations/Actions: It is recommended that the City Council accept the proposal to purchase the surplus property and authorize necessary signatures. Agenda Item No. 13. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0234 TO: Mayor and City Council Members SUBJECT: Surplus of Vacant Lot Located at 1125 North Mathewson (District I) INITIATED BY: Office of Property Management AGENDA: Consent _____________________________________________________________________________ Recommendation: Declare the property surplus and approve for sale. Background: The property under consideration is a vacant lot located in a residential area, 1125 North Mathewson. It is legally described as Lots 68 and 70 on Allen, now Mathewson Avenue in Ghetto's Addition to Wichita and is zoned for single-family use. Analysis: All City departments and local government entities have been notified and have shown no interest in the property. The property will first be made available to the non-profit community housing development organizations prior to putting it on the open market. Financial Considerations: The City would no longer be responsible for the maintenance of the lot if title is transferred to a non-profit community housing organization and there would be a cash consideration if the property sold on the open market. The surplus and sale of this property to a private party will place additional value into the tax base and the City. Legal Considerations: None Recommendations/Actions: Declare the property as surplus and designate it as available for sale to the general public. Agenda Item No. 14. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0235 TO: Mayor and City Council SUBJECT: City Council Goals: Approval of Indicators INITIATED BY: City Manager's Office AGENDA: Consent Recommendation: Approve the indicators for the 2006-2007 City Council goals. Background: The City Council and staff participated in a Strategic Opportunities Retreat in November 2005. During the retreat, the group developed and prioritized a list of 2006-2007 goals and indicators for the City of Wichita. The goals were further refined by staff and approved by the City Council on January 24, 2006. On January 31, 2006, and February 3, 2006, each of the Strategy Teams for the five goals engaged in a dialogue with the City Council to gain a clear understanding of the City Council's intentions for the content of the indicators. The Strategy Teams presented revised indicators to the Council on February 28, 2006. Analysis: The following indicators are recommended for approval by the City Council: * Goal: Provide a safe and secure community o Maintained and/or improved response time and crime rate o Improved environmental health and community safety o Maintained and improved citizen perception of public safety * Goal: Promote economic vitality and affordable living o Improved availability, quality and diversity of jobs o Sustained affordable living o Partnered with economic development and affordable living stakeholders * Goal: Ensure efficient infrastructure o Maintained safe and dependable transportation systems o Provided reliable, compliant and secure utilities o Maintained and optimized public facilities and assets * Goal: Enhance the quality of life o Citizens are retained in the community o Citizens are satisfied with the quality of life o Citizens receive a return on all of their quality of life investments * Goal: Support a dynamic core area and vibrant neighborhoods o Increased and sustained neighborhood vibrancy citywide o Increased sense of community, neighborhood involvement and satisfaction o Continued revitalization of the Core Area (as defined by WDDC boundaries) Financial Considerations: None. Legal Considerations: None. Recommendation/Actions: Staff recommends that the City Council approve the indicators for each of the 2006-2007 goals. Agenda Item No. 15. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0236 TO: Mayor and City Council SUBJECT: Assignment of Letter of Intent; Substitution of Tenant Entity (Delta Data Systems, Inc.) (District II) INITIATED BY: City Manager's Office AGENDA: Consent ______________________________________________________________________ __ Recommendation: Approve Assignment of Letter of Intent. Background: On February 8, 2005, the City Council approved a one-year Letter of Intent to issue Industrial Revenue Bonds in an amount not-to-exceed $9,000,000 to finance facilities to be leased to Delta Data Systems, Inc. for the benefit of Delta Dental Plan of Kansas, Inc. The proceeds of the proposed bonds will be used to finance the cost of acquiring, construction and equipping a corporate headquarters facility located in the Waterfront Addition at 13th & Webb. On February 7, 2006, City Council approved a one-year extension of the Letter of Intent until February 8, 2007. The Company is now requesting the approval of an assignment of the letter of intent to a newly-formed entity, which will take the place of Delta Data Systems as Tenant. Analysis: Delta Data Systems, Inc. is requesting that the Industrial Revenue Bonds award be designated to a different entity known as KSDD Properties, LLC. KSDD Properties, LLC is a wholly owned subsidiary of Delta Dental of Kansas, Inc. Its Articles of Organization were filed with the Kansas Secretary of State in December 2005. Delta Data Systems is not being dissolved, but KSDD Properties, LLC is being developed as a separate entity for building ownership. The project will still be subleased to Delta Dental Plan of Kansas, Inc., as originally planned, and Delta Dental Plan of Kansas, Inc. will be the true credit behind all Lease obligations. Financial Considerations: There is no financial impact on the City resulting from the requested change. Legal Considerations: Bond documents required for the issuance of bonds will be prepared by bond counsel. The City Attorney's office will review and approve the form of bond documents prior to the issuance of any bonds. Recommendations/Actions: It is recommended that the City Council approve the Assignment of Letter of Intent to change the Tenant entity from Delta Data Systems, Inc. to KSDD Properties, LLC. Agenda Item 16. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0237 TO: Mayor and City Council Members SUBJECT: Gilbert & Mosley TIF Extension - Setting Hearing Date INITIATED BY: Environmental Services AGENDA: Consent Recommendation: Adopt Resolution setting the hearing date. Background: The City approved a Settlement Agreement with the Kansas Department of Health and Environment (KDHE) on March 26, 1991, under which the City undertook responsibility for the investigation and clean-up of the Gilbert & Mosley Site. The City established a tax increment financing (TIF) district to guarantee funding for the Gilbert & Mosley Redevelopment Project. During the Project, funding has been received from the City's General Fund, contributions from polluters (litigation, arbitration, and settlement), and from a portion of the 20% TIF decrement. Pending capital projects require bonding that will extend beyond the current term of the Project. The TIF funding source will expire in 2011 unless extended. In 2004, the Legislature approved an amendment allowing for a 10-year extension of an environmental TIF, with County and USD approval. Analysis: The proposed Resolution states that the City is considering the extension of the Gilbert & Mosley TIF Project for a maximum of 10 years. A hearing date is set for May 9, 2006, which is within the statutory notice period. The resolution also requests approval of the extension by the County Commission and USD 259 School Board. After the public hearing, the City Council may adopt an ordinance approving the extension. Financial Considerations: The City has collected less than half of the 20% tax decrement authorized in the TIF district to date. The Project has additional projected capital expenditures of over $7 million. The term of the bond payments would exceed the current TIF life. Extension of the TIF will allow revenue for bond payments and operating and maintenance expenses until 2021. These revenue requirements will not use the full 20% decrement for that period, however. Legal Considerations: K.S.A. 12-1771a(g) allows for the extension of an environmental TIF project. The Resolution includes the statutory requirements for notice of a hearing and is approved as to form. Recommendations/Action: Adopt the Resolution setting a hearing date of May 9, 20006. Published in The Wichita Eagle _________________Resolution No. ________ A RESOLUTION STATING THAT THE CITY OF WICHITA IS CONSIDERING THE EXTENSION OF THE COMPETION DATE OF THE REDEVELOPMENT PROJECT FOR THE GILBERT AND MOSLEY REDEVELOPMENT DISTRICT AS ADOPTED IN CITY OF WICHITA ORDINANCE NO. 41-461 WHEREAS, the City of Wichita and the Kansas Department of Heath and Environment entered into a Settlement Agreement for Remedial Investigation and Feasibility Study, and for Certain Remedial Actions to be Determined following Opportunity for Public Involvement, dated March 26, 1991 ("Settlement Agreement"), as the consent decree for the area know as the Gilbert and Mosley Site located in Wichita, Kansas; and WHEREAS, the Gilbert and Mosley Redevelopment District was established in an environmentally contaminated area by Ordinance No. 41-446, adopted July 9, 1991, pursuant to K.S.A. 12-1770, as amended; and WHEREAS, the project plan for the redevelopment project located in the Gilbert and Mosley Redevelopment District was approved by Ordinance No. 41-461, adopted July 23, 1991; and WHEREAS, the redevelopment project for the Gilbert and Mosley Redevelopment District must be completed within 20 years of the date of the Settlement Agreement unless such date is extended under the provisions of K.S.A. 12-1771a(g); and WHEREAS, the remediation required for the Gilbert and Mosley Redevelopment Project is expected to go beyond the time and costs projected at the time of the adoption of the project plan, and the City of Wichita has not used the total environmental increment during much of the Project to date; and WHEREAS, the City of Wichita is considering the extension of the Gilbert and Mosley Redevelopment Project for a maximum of 10 years beyond the original 20 years; and WHEREAS, the City of Wichita seeks approval in writing of the request for extension from the Board of Sedgwick County Commissioners and Unified School District No. 259; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: Section 1. The City of Wichita is considering the extension of the Gilbert and Mosley Redevelopment Project adopted in Ordinance No. 41-461 for a maximum of 10 years beyond the original 20 years, running from March 26, 1991. Section 2. The City of Wichita will hold a public hearing to consider the adoption of an ordinance approving such extension on May 9, 2006, at 9:00 a.m., in the City Council Chambers, City Hall, 455 North Main Street, Wichita, Kansas. Section 3. A copy of this resolution shall be delivered to the Sedgwick County Board of County Commissioners and to the Board of Education of Unified School District No. 259.The City of Wichita requests that the Board of County Commissioners and Board of Education approve the extension in the manner provided by K.S.A. 12-1771a(g), as amended. Section 4. This resolution shall be published once in the official City newspaper not less than one week or more than two weeks preceding the date fixed for the public hearing. Such publication shall include Exhibit "A" which is a sketch clearly delineating the redevelopment district in sufficient detail to advise the reader of the particular land included within the project area. PASSED AND APPROVED by the Governing Body of the City of Wichita, Kansas, this date, _________________ _________________________________ Carlos Mayans, Mayor ATTEST: ____________________________ Karen Sublett, City Clerk Approved as to Form: ____________________________ Gary E. Rebenstorf, City Attorney Agenda Item No. 17. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0238 TO: Mayor and City Council SUBJECT: Municipal Investment Pool Resolution updating authorizations INITIATED BY: Department of Finance AGENDA: Consent Agenda ____________________________________________________________________________ Recommendations: Approve the resolution. Background: State law, City ordinance and the City's investment policy govern the investment of City funds. The City's existing investment policy was approved by the City Council in December of 2005. The 2005 investment policy authorizes the option of investing up to 10% of the City's investment portfolio in the State's Municipal Investment Pool (MIP). The City Council authorized the City's participation in the MIP through resolution 04-410 in August, 2004. Analysis: Originally authorized staff has changed and there is a need to submit an updated authorized officer list. Financial Considerations: There is no direct cost to the City for utilizing the Municipal Investment Pool. Interest earnings are distributed monthly and are net of a 25 basis point fee. The City uses the Municipal Investment Pool as a temporary place to park funds needed for liquidity. The MIP is totally liquid and the City can draw funds with same day notification prior to 10:00 am. Legal Considerations: The resolution has been approved as to form by the Law Department. Recommendation/Actions: It is recommended that the City Council approve the resolution updating officers authorized to execute investment transactions within the Municipal Investment Pool and authorize the Mayor to sign. Attachment: Resolution RESOLUTION WHEREAS, the undersigned is a municipality, as defined in K.S.A. 12-1675, as amended,(the "Participant") and from time to time has funds on hand in excess of current needs, and WHEREAS, it is the best interest of the Participant and its inhabitants to invest funds in investments that yield a favorable rate of return while providing the necessary liquidity and protection of the principal; and WHEREAS, the Pooled Money Investment Board (the "PMIB"), operates the Municipal Investment Pool (MIP), a public funds investment pool, pursuant to Chapter 254 of the 1996 Session Laws of Kansas, and amendments thereto NOW THEREFORE, be it resolved as follows: 1. That the municipality designated below approves the establishment of an account in its name in the MIP for the purpose of transmitting funds for investment, subject to the MIP Participation Policy adopted by the Pooled Money Investment Board, and municipality acknowledges it has received a current copy of such Participation Policy. The Participant's taxpayer identification number assigned by the Internal Revenue Service is 48-6000653. 2. That the following individuals, whose signatures appear directly below, are officers or employees of the Participant and are each hereby authorized to transfer funds for investment in the MIP and are each authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of funds: List officers or employees authorized to execute documents and make deposits and withdrawals: Carla D. Palmer City Treasurer Name Title _______________________________________ Terry L. Feaster Cash Manager Name Title _______________________________________ Catherine Gilley Debt Manager Name Title 3. Notice required by the PMIB's Municipal Investment Pool Participant Policy shall be provided to :Contact Person: Carla Palmer, City Treasurer Address: 455 N. Main 12th Floor Wichita, KS 67202 Telephone 316-268-4444 Fax No. 316-268-4656 4. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant and until the PMIB receives a copy of any such amendment or revocation, the PMIB is entitled to rely on same. This resolution is hereby introduced and adopted by the Participant at its regular/special meeting held on 7th day of March, 2006. City of Wichita Name of Participant ATTEST Karen Sublett, City Clerk Carlos Mayans, Mayor NOTE: The State needs original signatures. Approved as to form: __________________________ Gary Rebenstorf, City Attorney Agenda Item No. 18. City of Wichita City Council Meeting March 7, 2006 Agenda Report 06-0239 TO: Mayor and Members of the City Council SUBJECT: Grant Application for Kansas Emergency Shelter Grant Funds (All Districts) INITIATED BY: Housing and Community Services Department AGENDA: Consent ____________________________________________________________________________ Recommendation: Approve the application submission. Background: The State of Kansas receives Emergency Shelter Grant (ESG) funds under the McKinney-Vento Homeless Assistance Act. These funds are awarded to local government agencies throughout the state on behalf of homeless service providers. Awards are based on statewide competition. In the past, the City of Wichita has applied for and received emergency shelter grants from the Kansas state program on behalf of local providers, in addition to the City's ESG direct allocation from HUD. The Kansas Housing Resources Corporation (KHRC) has issued a statewide "Application for a 2006 Kansas Emergency Shelter Grant (KESGP)". The total amount available is $878,643.Seven homeless service providers in Wichita have submitted requests to the City for the 2006 KESGP application, as detailed below. These projects will be evaluated by the KHRC for funding awards, against projects submitted by other local government agencies in the state. Analysis: The City of Wichita grant application includes funds for the following agencies and activities: 1. Catholic Charities Anthony Family Shelter - $16,040 is requested for shelter operations and case management services. 2. Center of Hope - $8,400 is requested for homeless prevention (assistance with rent). 3. Inter-Faith Inn - $29,700 is requested for shelter operations and case management services. 4. Ti'Wiconi Safe Haven - $14,450 is requested for shelter operations and case management services. 5. Salvation Army Emergency Lodge - $25,000 is requested for shelter operations. 6. UMUM Drop-In Center - $13,540 to purchase equipment, one part time position, and shelter supplies. 7. YWCA - $4,000 is requested for shelter operations. 8. City of Wichita - The City is allowed up to 2.5% for administration of the grant. The amount received for administration will be determined by the amount awarded to the City. Financial Considerations: The total amount of the request is $111,130. Each of the requesting agencies has committed to providing the required matching funds or volunteer hours. A total of $878,643 is available for the State of Kansas ESG program in 2006. Recommendations/Actions: It is recommended that the City Council approve the application for grant funds, and authorize necessary signatures for the application and necessary signatures for contracts if funding is awarded. Agenda Item 19. City of Wichita City Council Meeting March 7, 2006 Agenda Report 06-0240 TO: Mayor and City Council Members SUBJECT: Notice of Intent for The Mid-American All-Indian Center, Inc.to Apply for Workforce Investment Act Funds INITIATED BY: City Manager's Office AGENDA: Consent Recommendation: Receive and file. Background: Until December 2003, the Mid-America All-Indian Center, Inc. (MAAIC) was the grant recipient of federal Workforce Investment Act (WIA) funds to provide employment and training services to eligible Indians and Native Americans (INA) in a 22-county region of south central Kansas, including Wichita. At that time, the Center's Board of Trustees and the U.S. Department of Labor agreed to remove the grant from local administration while the Board re-structured its programs and finances. Currently, a Native American organization in Kansas City administers the south central Kansas program. Every two years, the Department of Labor allows a competitive process to determine who will administer the Indian and Native American program. City staff has been working with the MAAIC Board of Trustees to prepare a Notice of Intent, the first step toward returning the program to local administration. If successful, the next step will be preparation of a two-year Comprehensive Services Program Plan. Analysis: The Notice of Intent reflects the MAAIC Board's wish to operate the WIA INA program through a formal agreement with the City of Wichita. The funds and services will be administered by the City's Career Development Office (CDO), using its successful model of individualized service planning and delivery. Financial Considerations: Initial estimates for funding are $121,690 for the year beginning July 1, 2006 and $118,558 for the year beginning July 1, 2007. Fifteen percent of the funds will be used by the CDO for administrative costs. The funds are sufficient to serve approximately 35 to 40 customers each year. Legal Considerations: If the Notice of Intent is approved by the U.S. Department of Labor, a formal agreement between the City and the MAAIC Board of Trustees will be developed and presented to the City Council before July 1, 2006. MAAIC, Inc. will be the grant recipient; the City will be the Center's sub-contractor for administration and services in the 22-county area. Recommendation/Action: Receive and file. Agenda Item No. 20. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0241 TO: Mayor and City Council Members SUBJECT: Bond Counsel Professional Legal Services INITIATED BY: Department of Law AGENDA: Consent____________ ___________________________________________________ Recommendation: Select law firm as the City's Bond Counsel. Background: As the contract for the City's bond counsel came to the end of its term in 2005, a Request for Proposals was promulgated and five law firms responded with proposals to be the City's bond counsel. The responses were referred to the Bond Counsel Review Committee for review. The Committee is comprised of the Finance Director, Housing and Community Services Director, Airport Director, City Attorney and a Senior Assistant City Attorney. The Bond Counsel Review Committee interviewed all five of the law firms and herewith submits its recommendation to the City Council. Analysis: The City employs a law firm to provide bond counsel services to the City and its agencies (Airport Authority and the Public Building Commission). Bond counsel provides professional legal services in connection with the issuance and sale of general obligation bonds, general obligation refunding bonds, utility revenue bonds, utility revenue refunding bonds, and temporary notes. The City's Bond Counsel serves as bond counsel for industrial revenue bond issues, except in limited situations. The Bond Counsel Review Committee recommends the firm of Kutak Rock, LLC. as the law firm that would provide the greatest benefit to the City as bond counsel. The recommendation for the Kutak Rock firm is based on the firm's bond counsel experience, handling of conflicts of interest, record of professionalism and quality legal services, accessibility and responsiveness to clients, understanding of the City's contract objectives, experience and expertise of the firm in bond counsel work, the quality of professional assigned staff, adequacy of resources, ability to provide bond counsel services on a timely basis, a favorable fee structure, and additional information obtained in the interview process. Financial Considerations: An agreement outlining the services, compensation schedule and expenses for the City's bond counsel will be negotiated with the firm selected by the City Council. Legal Considerations: The Department of Law will draft the Agreement for Professional Services for bond counsel. Recommendations/Actions: Select the law firm of Kutak Rock L.L.C. as the City's bond counsel and authorize the staff to negotiate an Agreement for Professional Services to be returned to the Council for approval. Agenda Item No. 21 Revised 03/06/06 City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0242 TO: Mayor and City Council City of Wichita City Council Meeting March 7, 2006 TO: Mayor and City Council SUBJECT: Cultural Funding Application and Review Process INITIATED BY: Division of Arts & Culture AGENDA: Consent Agenda Recommendation: It is recommended that the City Council approve the arts funding application and review process for 2007 with the addition of the residency requirement. "If city funds are recommended and approved it shall be allocated for operations, activities and/or programs within corporate city limits. " as a requirement. Background: On February 8, 2005 the City Council approved the formation of the Cultural Funding Committee consisting of 11 members. Members of City Council appointed 7 members. The Arts Council appointed 4 members. The committee consisted of representatives from government, education, business, philanthropy, arts organizations and the public at large. The committee was assigned the responsibility to make recommendations to members of City Council on allocation of additional funding for the arts. The Cultural Funding Committee reviewed grant applications from 34 organizations using the approved application review process. The recommendations for the allocation of funding were then approved by City Council as part of the 2006 budget approval process on August 9, 2005. Contracts for the allocation of funds were approved on December 10, 2005. Analysis: Approval of the process would provide the City of Wichita a consistent and fair method of allocating funds for the various arts and cultural organizations. The Tier I funded agencies would include: Wichita Art Museum, Botanica, Cowtown, the Arts Council, Mid-America All-Indian Center, the Kansas African-American Museum, and the Wichita Historical Museum. These organizations, with boards of directors, are non-profit agencies that have private/public partnerships with the City of Wichita. Additional organizations, using the approved process may once again apply for grant consideration. The Cultural Funding Committee will review applications and make recommendations to be presented for Council and City Manager approval. Financial Consideration: $500,000 in savings from 2005 will be used to fun 2007 allocations. Legal Considerations: None. Recommendations/Actions: It is recommended that the City Council approve the continuation of the arts funding application and review process with the addition of a residency requirement. "If city funds are recommended and approved it shall be allocated for operations, activities and/or programs within corporate city limits. " as a requirement. Agenda Item No. 22. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0243 TO: Mayor and City Council SUBJECT: Parks, Recreation, and Open Space (PROS) Plan (All Districts) INITIATED BY: Department of Park and Recreation Planning Department AGENDA: Consent Recommendation: Approve the Parks, Recreation, and Open Space (PROS) Plan project. Background: In 1996 Parks and Pathways Master Plan was completed and issued. In 1999, the Park and Recreation Facilities Study was completed and issued. These studies covered a range of planning efforts but at the time they were more staff driven and were not products directed by the former City Council members or the Park Advisory Board. These plans were based on standards of 15 acres of land to every 1,000 residents which included playgrounds, neighborhood, community and regional parks, pathways and open space. These plans had sound surveys and good analysis within them, but they are at least eight years old now and its time to develop a new plan for our community's needs. Analysis: With any urban growth comes the need to properly plan and enhance services offered by the Park and Recreation Department. These former plan studies do not incorporate the new Visioneering Committee's criteria that were recently gathered from local citizens. It is important as the City limits continue to expand that the City provide adequate and well maintained park and recreation programs that reach across all age groups and incorporates diversified opportunities for all its citizens. The new plan will be based on outcomes recommended by both the Park Advisory Board and the City Council. This new plan will be used as a tool to guide the Park Advisory Board, City Council, and staff as future decisions are made on capital improvement planning, program enhancements, pathways, and open spaces. This plan can also help with future planning and zoning of subdivisions, identify land developer partnerships, and provide additional green space to the citizens. We will seek partners in this effort so a comprehensive buffering plan can be established between the City and other surrounding communities. This long-range plan can provide opportunities for grants, private donations, and other fund-raising events. This plan will help to include the quality of life goals that are being established by the City Council and other neighborhood concerns and issues can also be gathered and identified in the plan. Financial Considerations: None at this time. Legal Considerations: The Law Department has reviewed and approved the agenda report as to form. Recommendation/Action: It is recommended that the City Council authorize initiation of the Parks, Recreation, and Open Space (PROS) Plan project, and authorize all necessary signatures. Agenda Item No. 24. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0244 TO: Mayor and City Council Members SUBJECT: Wichita Animal Care Campus (City and Humane Society) (All Districts) INITIATED BY: Department of Environmental Services Department of Public Works AGENDA: Old Business Recommendation: Approve the Contract Amendment and Land/Lease Agreement. Background: On May 18, 2004, the City Council approved a Memorandum of Understanding (MOU) between the City and Kansas Humane Society (KHS). On June 8, 2004, the City Council approved the Capital Improvement Project (CIP) and authorized staff to select a design consultant. On April 5, 2005, the City Council approved a contract with Wilson Darnell Mann Architect (WDM) for the Programming Phase of the project and a Letter of Intent between the City and KHS. On August 23, 2005, the City Council approved the purchase of 3239 N. Hillside for the Animal Care Campus. Analysis: WDM has completed the Programming Phase of the project, which identified the objectives of both agencies, preliminary requirements for building systems, anticipated animals to be housed, daily operations, and space programs. The next step in this project is the Schematic Design Phase. This phase when complete will provide for concept plans, a report describing recommended facility systems, materials, finishes and overall concept of internal spaces to include a detailed site plan, equipment requirements, final design criteria, furnishings and conceptual cost estimates based on approved budgets. A peer review will also be conducted as part of this phase. In accordance with the Letter of Intent, the City took the initial financial responsibility for the first contract with WDM. The first contract arranged for site engineering, environmental reviews, and site surveys necessary in preliminary site designation, to develop program needs and to prepare preliminary cost estimates for the project. The first contract with WDM for the Programming Phase was for $84,110.00. Under the terms of the Letter of Intent KHS will reimburse the City for one half of all the preliminary design work or $42,050.00. The City has negotiated independent of KHS with WDM a fee for the Schematic Design Phase of this project. The Contract Amendment with WDM for $45,374.00 will provide for concept plans, site and facility layouts, recommended facility systems, materials, finishes and concept of interior spaces, equipment requirements, final design criteria, and conceptual cost estimates. KHS will negotiate independent of the City with WDM a fee for the Schematic Design and future phases of this project and pay for those fees from their capital fund. In addition to the Contract Amendment between the City and WDM, a Land/Lease Agreement has been established between the City and KHS, which set out the consideration of the premises and the mutual promises of the parties. The Agreement has been approved and signed by the KHS Executive Director and Board President. Staff recommends Council approval. Financial Considerations: The project is authorized in the 2004-2013 Capital Improvement Program (CIP). The CIP includes $300,000 for design in 2004 and $3 million for construction in 2005 for a total of $3.3 million. KHS has secured financing for their part through a capital campaign and has matching funds. Legal Considerations: The Law Department has approved the Contact Amendment and Land/Lease Agreement as to form. Recommendation/Action: It is recommended that the City Council approve the Contract Amendment and Land/Lease Agreement and authorize the necessary signatures. *Attachments included; Contract Amendment and Land/Lease Agreement AMENDMENT NUMBER ONE THIS AMENDMENT, Made the ___________day of _________________2005, BY AND BETWEEN THE CITY OF WICHITA, KANSAS A Municipal Corporation, hereinafter referred to as "OWNER" AND WILSON DARNELL MANN P.A., Hereinafter referred to as "CONSULTANT" WHEREAS, the parties have heretofore, on the 5th day of April, 2005, entered into a Contract; and WHEREAS, the parties wish to modify the "SCOPE OF SERVICES" concerning the Wichita Animal Services Campus which is the subject matter of such Contract. NOW, THEREFORE, in consideration of the promises and covenants herein contained and to be performed, the parties hereto agree as follows: I. The Contract between the parties dated April 5, 2005, shall be amended to modify the Scope of Services (Exhibit "A") to be performed by the CONSULTANT as follows: SCHEMATIC DESIGN: Objective: Assess site conditions and parameters to establish the limits and conditions under which the site can be utilized. Work with the OWNER to develop architectural and engineering solutions to the OWNER'S functional, operational, and special needs as defined by the programming information established in Task No. 1, Program Development, and as allowed by the PROJECT budget. By way of satisfying the requirement for PEER REVIEW, the OWNER will have Peer Reviewer attend the Design Charette. A. Concept Plans: Working with all engineering disciplines, CONSULTANT will develop concept plans for the PROJECT. 1. Conduct a three -day design charette working directly with the OWNER to develop alternatives for site configuration and general facility design. During this process, alternatives will be reviewed by the OWNER. Based on review comments, selected alternatives will be refined and presented for review. A final review meeting will result in a select Conceptual Plan for the facility and site. 2. The site layouts will be developed with emphasis on: a. Circulation patterns for public access, personnel, materials delivery, surrender, etc. which will provide an efficient, cost effective, and safe facility operation. b. Ingress and egress routes, which maximize safety and security and minimize vehicular and pedestrian conflict on and off the site. c. Site area relationships. Include lobby /main entrance, surgery suite, surrender lobby, training center/humane education area, sally port vehicle parking, employee and public parking, exercise spaces, Pet Park, surrounding park ground, adjacent business, etc. d. Consideration of site utility locations and drainage patterns including site retention basins if required. 3. The facility layout will consider: a. Circulation patterns for public, personnel, delivery, etc., and their relation to site circulation patterns. b. Functional, operational, and special needs area relationships both between the various areas and between workstations with in each area. c. Efficient workflow, supervision, animal housing, safety, etc. d. Meeting or exceeding all governing codes including the Americans with Disabilities Act (ADA). Design must conform to the 2000 IBC, which the OWNER has adopted. e. Internal acoustical considerations. f. Recovery and disposal systems pertaining to animal waste and cleaning of housing areas. g. Energy efficient lighting, mechanical, HVAC, plumbing systems. 4. Concept elevations of facility exteriors. B. Report describing recommended facility systems, materials, finishes and overall concept of internal spaces to include a detailed site plan. C. Equipment: CONSULTANT will: 1. Develop preliminary list of "fixed-in-place" operational equipment based on approved Design Criteria and Conceptual Design. Equipment shall be listed by functional and operation area and include a description, quantity, dimensions, and general utility requirements for each item. Incorporate each item identified as reusable on the Equipment Inventory. 2. Develop preliminary cost estimate for equipment identified. D. Final Design Criteria Document: CONSULTANT will: 1. Incorporate comments received from OWNER and modifications that resulted from the on-site design process. 2. Update the space program to be consistent with the Schematic Design. 3. The alternative scheme developed during the on-site charette and the selected Conceptual Design should be incorporated into the final Design Criteria Document. E. Furnishings: Interior Designer will develop preliminary list and budget for furnishings. F. OWNER Support & Presentations: 1. Attend conferences and meetings when requested by the OWNER, regarding the proposed PROJECT. Required meetings specifically include but are not limited to presentations of proposed design to City staff, (1) District Advisory Board, Design Development Committee, Design Council, the City council and other Boards and Agencies as necessary, not to exceed 4 meetings total. 2. Prepare simple colored elevations and plan drawings suitable for representing the project concept in the meetings as described above. G. Conceptual Cost Estimate: Based on the OWNER'S approval of the Schematic Design, the CONSULTANT shall formulate a conceptual budget estimate of the probable construction cost. This estimate shall identify costs for: 1. Site utilities. 2. Site pavement and improvements including but not limited to drainage, landscape, storm water pollution prevention plan (NPDES), etc. 3. Building construction elements by CSI format. 4. Furnishings and equipment budgets. 5. Phone and data. PEER REVIEW Objective: Participate in the Peer Review process as required by the OWNER. (To be completed at the end of the Design Charette) A. The CONSULTANT will be present to present the project information for consideration by designers and staff of other facilities as selected to attend a one (1) day Peer Review meeting in Wichita at the end of the Design Charette. The CONSULTANT will: 1. Provide travel expenses for up to five (5) designer's or staff of other facilities to spend 1-2 days travel to Wichita, as will allow within the CONSULTANT'S pre-determined budget. 2. Respond to questions raised during the presentation and provide additional information as requested or required. 3. Note Peer Review comments and develop written responses for the OWNER'S approval and/or incorporation into the design. II. The Contract between the parties dated April 5, 2005, shall be amended to change the PAYMENTS. The OWNER agrees to pay the CONSULTANT for services rendered under this Amendment Number One a total fee established as follows: Modify Paragraph V, Payment Provisions as follows: SCHEMATIC DESIGN A. Deliverables" 1. Conceptual Design Drawings of the site and building(s). 2. Written report of building systems, finishes and concept. 3. Final Design Criteria Document. (5 copies) 4. Preliminary list of "fixed-in-place" equipment (5 copies) 5. Estimate of Probable Construction costs. (5 copies) 6. Presentation drawings. 7. Report of condition and/or adequacy of site utilities and services to support the anticipated PROJECT. 8. Site drainage/retention study. 9. Peer Review 10. Topography and Title Search. B. Travel and Expenses Budget: 1. Reproduction expenses Purchase Order 500610 at $ 2,500.00 C. CONSULTANT Fees: 1. Design Services (Includes Artist Consultant) $24,460.00 2. Survey Purchase Order 500610 at $ 2,500.00 3. Platting Allowance Purchase Order 500610 at $10,000.00 4. Final Report Book $ 2,750.00 5. Equipment List Purchase Order 500610 at $ 2,500.00 6. Reviews $ 2,750.00 7. Furnishings $ 6,100.00 8. Presentations $ 1,664.00 9. Opinion of Probable cost ( Includes Mech/Ele/Plumb) Purchase Order 500610 at $ 3,276.00 10. Civil (Study) $ 5,650.00 Total CONSULTANT FEES $43,374.00 PEER REVIEW Deliverables and Fee: 1. Peer Review to attend Design Charette (Allowance - Travel and Labor $ 2,000.00 Total all Fees this Amendment No. 1 $45,374.00 During the progress of work covered by this Amendment Number One, payments shall be payable in monthly installments, and in proportion to the services performed, payable upon the satisfactory performance of the service. COMPLETION TIME: Required time for execution of services and delivery of required information will be 12 weeks from the authorization to proceed less any delays attributed to OWNER. III. All other provisions of the April 5, 2005, Contract and subsequent Amendments between the parties hereto not modified herein shall remain in full force and effect. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF WICHITA, KANSAS by ___________________________ Carlos Mayans Mayor Wilson Darnell Mann P.A. by____________________________ Craig A. Rhodes, AIA Principal ATTEST: _____________________________ Karen Sublett City Clerk Approved as to form: ______________________________ Gary E. Rebenstorf Director of Law LEASE AGREEMENT THIS AGREEMENT, made and entered into this ____ day of _______, 2005, by and between the City of Wichita, Kansas, hereinafter referred to as "City", and the Kansas Humane Society, a Kansas not-for-profit corporation, hereinafter referred to as "KHS". WHEREAS, City owns certain real property described in Exhibit "A", and plans to augment that property by the purchase of adjacent property described in Exhibit "B", both of which are attached hereto and incorporated herein by reference; and WHEREAS, KHS wishes to lease the designated portions of the Exhibits "A" and Exhibit "B" properties, hereinafter referred to as " the leased property", and acquire use easements across other portions of that real property under the terms and conditions herein set forth. WHEREAS, KHS and City intend to build, develop and operate facilities to be used for animal shelter, care, control, public education, and ancillary activities on a joint campus, and the City desires to see the KHS establish such facilities, and considers this project one which will serve an important public purpose, rendering its own activities more efficient, more beneficial and more accessible to the public. NOW, THEREFORE, in consideration of the premises and the mutual promises of the parties, City and KHS agree as follows: 1. City agrees to lease the designated portions of the real property described in Exhibits "A" and "B" to KHS for a term of forty (40) years with two successive options to renew said lease for additional five (5) year periods. These options are to be exercised by KHS giving City written notice of its intent no later than thirty (30) days prior to the expiration of the initial term for the first such option or to the expiration of the first such option term for the second such option. Providing KHS breaks ground and commences construction of the (Facilities, defined below) within two years of the date on which this lease is executed, the initial term of the lease shall commence on the date of execution of this lease. However, if KHS fails to break ground and commence construction within two years of the date the lease is executed, this lease will expire without further effect. Further, if construction is commenced within the two-year period specified above, the initial term identified above shall nevertheless be subject to immediate termination in the event of any change in the use of the lease property from the uses specified in this lease, or upon the occurrence of any breach of the lessee's covenants therein contained. 2. This lease shall include a coterminous easement for unfettered use of the roadways, which are to be constructed for egress to the site, including the Facilities to be built by KHS, and a coterminous easement for surface water runoff through the drainage and retention pond system to be constructed to serve the Exhibits "A" and "B" properties, and a coterminous easement for use of any dog park to be constructed for public use. 3. KHS shall be restricted to using the leased property for an animal shelter, veterinary care, animal maintenance and control, public education, and ancillary uses such as animal training classes, grooming, adoptions, sale of pet related mercnandise, etc. No use outside this character shall be permitted without the written consent of City. KHS shall have the right to use during the period of this lease the proportion of those parking spaces available in the joint parking facilities that is comparable to the proportion of interior square footage of improvements maintained by KHS on the leased property compared to the interior square footage of improvements maintained by City on the leased property. The joint parking facilities shall be a municipal parking zone as defined under City Code chapter 11.52, and governed under the code provisions of that chapter. 4. Any vacation or abandonment of the leased property, or use of the leased property or any portion thereof for purposes unrelated to the establishment and operation by KHS of the Facilities, will enable the City, in its discretion, to terminate the lease and take possession of the leased property and all improvements thereon, including the Facilities. KHS shall, in its use of the leased property, be required to comply with all statutes, laws, ordinances, orders, judgments, decrees, regulations, directions and requirements of all federal, state, local and other governments or governmental authorities, now or hereafter applicable to the leased property or to any adjoining public ways, as to the manner of the use or the condition of the leased property or of adjoining public ways. KHS shall also be required to comply with the mandatory requirements, rules and regulations of all insurers under the policies required to be carried under the provisions of the lease. KHS shall be required to pay all costs, expenses, claims, fines, penalties, damages that may in any manner arise out of, or be imposed as a result of, its failure to comply with the obligations referenced in this article. 5. The Exhibit "B" property acquired by the City after budgeting and completing preliminary design work for this project provides substantially greater frontage onto Hillside than was available at the time of project inception. This will improve visibility and therefore public access to the campus, and the characteristics of the newly acquired land will allow for a more attractive layout of the planned campus at lower construction costs than anticipated. The parties agree that this acquisition constitutes a substantial enhancement of the project that is nevertheless difficult to quantify. Therefore, the parties agree that in exchange for these benefits provided by City purchase of the Exhibit "B" property, the architect's estimate of KHS's construction cost savings attributable to alternate siting of the constructed improvements will be credited to the City. The architect will accomplish this by ledger transfer of this estimated sum from the payments for architectural services made by KHS on this project to the credit of the City on its account for architectural services owed on this project. 6. No existing building, nor any building which is constructed or placed upon the leased property, either temporarily or permanently, shall be used for housing the operation of any multi-game, casino-style gambling on the leased property. 7. The annual rent due for use of the leased property and improvements is ONE DOLLAR ($1.00) per year, payable on the first day of occupancy, and upon the anniversary of that date for each year of the term thereafter for the life of the lease. Additional costs and financial obligations related to occupancy of the leased property are described in this lease, and each or all may be enforced as rent. 8. KHS agrees to construct on the leased property a building, which will be used for a community animal shelter, animal care and control, public education and ancillary activities, referred to in this lease as the "Facilities", which building shall be no less than 30,000 square feet. City shall have right of approval of the plans and specifications for the intended improvements, including, but not limited to the exterior architectural design components, construction materials and landscaping, in order to insure a harmonious appearance with City improvements built or to be built on the site. Construction design, materials and methods shall be in conformance with all applicable laws, regulations, ordinances and building codes. KHS will not begin or direct or allow construction without City approval. That approval shall be required both from the City of Wichita's construction manager and the City of Wichita's Art and Design Council. KHS agrees to modify the proposed design as necessary to comply with reasonable Design Council and construction manager recommendations or conditions, the intention being that, upon completion, the Facilities will reflect favorably upon the City and KHS. 9. KHS shall share in the cost of construction of roadways for egress, parking facilities, a dog park, drainage facilities and a retention pond, which the City will construct, of sufficient size to adequately serve the Exhibit "A" and "B" properties and the jointly planned improvements thereon. The costs of construction of these joint facilities shall be apportioned between the parties at the rate of 70% of such costs to KHS and 30% to City. Upon completion, the improvements constructed by KHS, including all fixtures, shall become a part of the real estate subject to the leasehold interest and will remain the property of the City in fee simple. The City will maintain the joint facilities described in this paragraph and the expense of the maintenance shall be shared by the parties in the same percentage as the proportional allocation of their construction costs. Full payment of the KHS share of these costs shall be due 30 days from billing by the City. 10. After the completion of the initial construction of the Facilities, KHS shall have the right, at its sole cost and expense, to make such additions, changes and alterations in and to any part of the Facilities as it from time to time may deem necessary or advisable, subject to the review and approval of the City's Design Council, provided, however, KHS shall not make any major addition, change or alteration which will adversely affect the intended use or structural strength of the Facilities. All additions, changes and alterations made by KHS shall (a) be made in a workmanlike manner and in strict compliance with all laws and ordinances applicable thereto, (b) when commenced, be prosecuted to completion with due diligence. 11. KHS shall not do or permit others under its control to do any work in or in connection with the Facilities or related to any repair, rebuilding, restoration, replacement, alteration of or addition to the property, or any part thereof, unless all requisite municipal and other governmental permits and authorizations shall have first been procured and paid for. All such work shall be done in a good and workmanlike manner and in compliance with all applicable building, zoning and other laws, ordinances, governmental regulations and requirements and in accordance with the requirements, rules and regulations of all insurers under the policies required to be carried under the provisions of this lease. 12. KHS shall obtain and maintain, throughout the term of this agreement, a policy of general liability insurance with coverage limits of not less than $500,000 per occurrence with City as a named insured. In addition, KHS shall obtain and maintain, throughout the term of this agreement, a policy of insurance in the amount of the fair market value of the leased property and any improvements thereto covering property damage to the leased property and naming City as an additional insured. These policies shall be subject to the approval of the City Attorney for the City of Wichita, who shall require that each such policy shall be issued by a nationally recognized, responsible insurance company qualified under the laws of the State of Kansas to assume the risks covered therein. Each policy of insurance may be subject to a reasonable deductible amount approved by the City, which approval shall not unreasonably be denied. 13. If any taxes become due on the real estate during the leasehold period attributable to the use to which KHS puts to the property, KHS shall be responsible for and agrees to pay all such taxes, and any other impositions or assessments which might constitute a lien against the leased property and which are levied for a period of time when this agreement is in effect. 14. Neither the City nor KHS shall do or suffer anything to be done whereby the leased property or any part thereof may be encumbered by any mechanic's lien or other similar lien. If, whenever and as often as any mechanic's lien or other similar lien is filed against the leased property or any part thereof, purporting to be for or on account of any labor, materials or services furnished in connection with any work in or about the leased property done by, for or under the authority of either party or anyone claiming by, through or under such party, such party shall discharge the same of record within thirty (30) days after the filing date of the lien. Notice is hereby given that the City does not authorize or consent to and shall not be liable for any labor or materials furnished to KHS or anyone claiming by, through or under KHS upon credit, and that no mechanic's lien or similar lien for any such labor, service or materials shall attach to or affect the reversionary or other interest of the City in and to the leased property or any part of such property. 15. Access from the leased property, whether or not by means of crossing other City property, to Hillside Street or any other public street, road, alley or way, shall be permitted only at such points as agreed to by City. The City, for itself, its duly authorized representatives and agents, reserves the right to enter upon the leased property at all reasonable times during business hours throughout the term of the lease, for the purpose of (a) examining and inspecting the same, (b) performing such work made necessary by reason of KHS's default under any of the provisions of the lease, and (c) while an event of default is continuing under the lease, for the purposes of exhibiting the leased property to prospective purchasers, managers, lessees or mortgages. The City may, during the progress of said work mentioned in (b) above, store on the leased property all necessary materials, supplies and equipment and shall not be liable for necessary inconveniences, annoyances, disturbances, loss of business or other damage suffered by reason of the performance of any such work or the storage of any such materials, supplies and equipment. 16. KHS agrees to maintain the leased property in good repair consistent with all applicable ordinances, statutes, rules and regulations. KHS shall be required (by itself and/or through third parties employed or contracted by it) to maintain, keep and repair at its own expense the interior and exterior of the Facilities, keeping the same in proper condition, including but not limited to, replacement of all broken glass, painting and repair and maintenance of all walls, trim, floors, ceilings, pipes, wiring, plumbing, motors, fixtures, electrical and mechanical equipment. KHS will be responsible for the maintenance and repair of the heating and air conditioning units, and all structural damage or defects, except for damage to property or equipment covered by insurance. 17. In addition, KHS will install a landscaped buffer/screen wall meeting City approval along any portion of the leased property that abuts residential property. At the 5th anniversary of the effective date of this agreement, and in 5-year increments thereafter, the parties shall jointly inspect all aspects of the leasehold property to assess the condition of the property and maintenance requirements that may exist. KHS, at its sole expense, shall be required (by itself and/or through third parties employed or contracted by it) to keep and maintain the exterior of the Facilities and appurtenances thereto in a clean and slightly condition, free of trash, debris and obstruction. Further, KHS shall remove all snow and ice, and mow and trim all natural growth as determined to be reasonably necessary by the City. Alternatively, KHS may separately contract with the City for performance of such required maintenance. Failure to cooperate with any reasonable request for maintenance or to participate in a scheduled inspection conducted upon reasonable notice shall constitute breach of this lease agreement. In the event KHS shall fail to maintain and keep and repair the Facilities or its exterior lot as described above, the City, at its discretion, shall be entitled to enter upon the leased property and perform the necessary maintenance and repairs at the expense of KHS, chargeable as rent, due upon billing. 18. If, during the term of the lease, the Facilities are damaged or destroyed, in whole or in part, by fire or other casualty, KHS shall promptly notify the City in writing as to the nature and extent of such damage or loss and whether it is practicable and desirable to rebuild, repair, restore or replace such damage or loss. If KHS shall determine that such rebuilding, repairing, restoring or replacing is practicable and desirable, it shall forthwith proceed with and complete with reasonable dispatch such rebuilding, repairing, restoring or replacing. In such case, any net proceeds of casualty insurance required by the lease and in excess of sums needed to defray the costs of repairing and restoring any such damage or loss of the Facilities shall be paid to the City unless said proceeds were in payment for items not owned by the City. If KHS shall determine that rebuilding, repairing or restoring or replacing the Facilities is not practicable and desirable, any net proceeds of casualty insurance required by the lease and received with respect to any such damage or loss to the Facilities shall be paid to the City, unless said proceeds were in payment for items not owned by City, and the lease shall thereupon terminate, and KHS shall tender possession of the property to the City. 19. KHS will be responsible for the installation of a fire hydrant to serve the leased property, and the payment of that expense. When the design for the Facilities has been finalized, the lease has been executed, and KHS is prepared to proceed with construction, the City will arrange to relocate existing water lines at its expense as may be needed to accommodate the construction and operation of the Facilities. All other issues involving utility relocation and utility easements, and all consents that must be obtained from Westar or other utility providers in connection with the construction and operation of the Facilities, will be the responsibility of KHS. All utilities and utility services used by KHS in, on or about the leased property shall be contracted for by KHS in its own name and KHS will have the responsibility, at its sole cost and expense, to procure any and all permits, licenses or authorizations necessary in connection therewith. 20. KHS agrees for itself and its successors and assigns that it shall not discriminate against any person or group thereof upon the basis of race, color, religion, sex, ancestry, disability, or national origin in its use or occupancy of the leased property. 21. The following shall constitute events of default, which shall permit City to terminate this agreement and to reenter and take possession of the leased property: a. Failure of KHS to comply with the terms and conditions of this agreement (other than the obligation to pay rent) after having received written notice from City of such failure and not correcting such failure within 10 days or such other period of time as City allows, whichever is longer; b. Failure of KHS to maintain its non-profit corporate status; c. The filing of a petition in bankruptcy by KHS; the appointment of a receiver for KHS; or a general assignment for the benefit of its creditors by KHS; d. Failure of KHS to pay rent when due or any taxes, assessments, maintenance expenses or other impositions as are required to be paid by KHS hereunder and to correct such failure within 10 days after written notice of such failure. e. This enumeration does not waive any other remedy, and the parties expressly acknowledge that additional remedies as may be available by law are preserved. 22. Neither the City nor KHS shall do or suffer anything to be done whereby the leased property or any part thereof may be encumbered by any mechanic's lien or other similar lien. If, whenever and as often as any mechanic's lien or other similar lien is filed against the leased property or any part thereof, purporting to be for or on account of any labor, materials or services furnished in connection with any work in or about the leased property done by, for or under the authority of either party or anyone claiming by, through or under such party, such party shall discharge the same of record within thirty (30) days after the filing date of the lien. Notice is hereby given that the City does not authorize or consent to and shall not be liable for any labor or materials furnished to KHS or anyone claiming by, through or under KHS upon credit, and that no mechanic's lien or similar lien for any such labor, service or materials shall attach to or affect the reversionary or other interest of the City in and to the leased property or any part of such property. 23. KHS shall not sublease, assign or encumber its interest in the lease or any part thereof without the prior written consent of City, which the City may grant or decline to grant in its absolute discretion. KHS shall hold City harmless from any costs associated with any claims by third persons adverse to City's fee simple ownership of the leased property. 24. KHS shall hold City harmless from and against any and all costs, expenses, judgments, suits, claims or penalties related to KHS's occupancy of the leased property. 25. All notices required hereunder shall be served by depositing the same in the United States mail, certified, return receipt requested, postage prepaid and properly addressed as follows: To City: John Philbrick, Property Management Director City of Wichita, KS 13th Floor - City Hall 455 N. Main Street Wichita, KS 67202 To KHS: Kim Janzen, Executive Director Kansas Humane Society 4218 Southeast Blvd. Wichita, KS 67210 26. Should the contact person or address of a party change during the course of this agreement, that party will provide appropriate information to the other in order that contact information remains current. Failure to do so constitutes a waiver of notice by that party in any instance required by this agreement. IN WITNESS WHEREOF, the parties have executed this agreement as of the date and year first above written. CITY OF WICHITA, KANSAS ______________________ Carlos Mayans, Mayor ATTEST: ___________________ Karen Sublett City Clerk APPROVED AS TO FORM: ____________________ _ Gary Rebenstorf, Director of Law and City Attorney KANSAS HUMANE SOCIETY ______________________ _ Kelly E. Callen, President, KHS Board of Directors ______________________ _ Kim Janzen, KHS Executive Director Agenda Item No. 24a. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0258 TO: Mayor and City Council Members SUBJECT: Sale of Former Carnigie Library at 220 South Main (District I) INITIATED BY: Office of Property Management AGENDA: Old Business _____________________________________________________________________________ Recommendation: Select a buyer and authorize staff to negotiate a contract. Background: The building at 220 South Main was constructed in 1914 for use as the City library. It served in a variety of public functions until 2001 when its museum functions were transferred to Exploration Place. It has been vacant since 2001. The property is listed as a historic building on Federal, State and local lists. The building has 10,684 square feet above grade and 4,918 square feet of basement area. The center of the building houses a small planetarium area left from when the building was used as a museum. Analysis: The property has been on the Internet and through information to the real estate community. Historically there have been several expressions of interest but for a variety of reasons including lack of parking, physical layout, general condition, historical nature, etc., no firm offers were made. In June 2005, Fidelity Bank presented an offer to lease the building. Efforts to reach an agreement on lease terms were unsuccessful. Fidelity has modified their proposal to a purchase offer. During the negotiating period, a second purchase offer was received from Allen Wilkie. Fidelity's purchase price is $330,000. They intend to spend at least $1,000,000 to renovate and restore the building. They will then relocate their Mortgage Servicing Division into the building. Mr. Wilkie's offer includes a purchase price of $250,000. He also intends to renovate the building. He estimates that the renovation costs will be less than $500,000. He then intends to lease the building on a speculative basis to office users. Financial Considerations: The City will receive cash consideration for the sale of the property. Upon sale, the property will return to the tax rolls and the City will be relieved of maintenance responsibility. Legal Considerations: The Law Department approved the contract as to form. Recommendations/Actions: It is recommended that the City Council accept one of the proposals and authorize staff to negotiate a contract for sale. Agenda Item No. 25. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0114A. TO: Mayor and City Council Members SUBJECT: Declaration for Participation in Firefighters Relief Fund for 2006 INITIATED BY: Firemen's Relief Association AGENDA: Unfinished Business Recommendation: Approve Declaration for Participation in Firefighters Relief Association for 2006 and authorize Mayor to sign. Background: At the meeting of February 7, 2006, the City Council deferred Agenda Item #14, regarding the Declaration for Participation in Firefighters Relief Fund for 2006. An Airport Safety Officer and a representative of the IAFF asked the City Council to include Airport Safety Officers in the Declaration as members of the Wichita Firefighter's Relief Association. The item was deferred for further review and a legal opinion by the City Attorney as to whether Airport Safety Officers are eligible to participate in the Association. The Declaration for Participation must be executed and filed each year to allow the local Firefighters Relief Association to participate in the distribution of the State Firefighters Relief Fund Tax. This Firefighters Relief Fund Tax distribution will be from all fire and lightning insurance premiums collected. The certification indicates that the Wichita Fire Department is a full paid, public fire department with 405 salaried firefighters, and has fire apparatus and necessary equipment that is in serviceable condition with a value exceeding $20,000,000.00. Analysis: By State Statue, two percent of the total premium on fire and lightning insurance written within the State during a calendar year goes to the Commissioner of Insurance to establish the State Firefighter's Relief Fund. After certain payments required by law, the balance of the fund is paid to local firefighters relief associations to be used for benefits for firemen injured, disabled, or killed in the line of duty, payment of funeral expenses, payment of a pension benefit for full-time firemen who are unfit for service after serving 20 years with the department, and to purchase insurance which would provide any of the listed benefits. The Wichita Firemen's Relief Association received $855,076.54 in the 2004 distribution and received $832,849.16 in the 2005 distribution. Distribution of the fund to over 575 Associations throughout the state is calculated using the valuation and population of the area the department provides fire protection. The City of Wichita has had a Wichita Firemen's Relief Association since 1896 and has participated in the State Firefighters Relief Association for more than 80 years. The certification is for calendar year 2006. Legal Considerations: Attached hereto is a legal opinion by the City Attorney addressing the issue of whether Airport Safety Officers are eligible to participate in the Firefighters Relief Association. Financial Considerations: There will be no expense to the City. Recommendation/Action: It is hereby recommended that the City Council direct the City Attorney to request a determination from the Commissioner of Insurance as to whether the Airport Safety Officers of the Wichita Airport Authority are eligible to participate in the Firefighter's Relief Association operated by and through the Kansas Insurance Department and that this legal opinion accompany said request to the Commissioner of Insurance. It is further recommended that the City Council approve the Declaration for Participation in the Firefighters Relief Association for 2006 by the Wichita Fire Department and authorize the Mayor to sign. Agenda Item No. 26. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0169A. TO: Mayor and City Council Members SUBJECT: Petition to construct a Storm Water Sewer to serve Lots 25-36, Block 13, Pawnee Mesa Addition (north of Pawnee, east of 119th St. West) (District IV) INITIATED BY: Department of Public Works AGENDA: Unfinished Business Recommendation: Approve the Petition. Background: On February 14, 2006, the City Council considered a Petition to construct a storm water sewer in Pawnee Mesa Addition. The council voted 6-0 to defer action on the Petition so Council Member Gray is present. The signatures on the Petition represent 15 of 22 (68.2%) resident owners and 74.5% of the improvement district area. District IV Advisory Board sponsored a January 18, 2005, neighborhood hearing on the project. The Board voted 9-2 to recommend approval of the project. Analysis: The project will construct a storm water sewer for a residential area with back yards that do not drain properly, resulting in stagnant water that kills grass and can breed mosquitoes. Financial Considerations: The project budget contained in the Petition is $90,000, with the total assessed to the improvement district. The method of assessment is the square foot basis. The estimated assessment to individual properties is $00.95 per square foot of ownership. In addition, it is proposed that the project budget be increased to include work in Pawnee Street right-of-way. The estimated cost of the additional work is $45,000, funded by the Storm Water Utility, for a total cost of $135,000. Funding for the Utility share is budgeted in the Drainage Hot Spot Program. Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or owners of a majority of property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the Petition with the $45,000 budget increase, adopt the Resolution and authorize the necessary signatures. Attachments included; Map, Assessment Roll, CIP sheet, Petition and Resolution Agenda Item No. 28. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0246 TO: Mayor and City Council Members SUBJECT: Public Hearing on Proposed Assessments for Thirty six (36) Paving Projects in July 2006 Bond Sales Series 786 (All Districts) INITIATED BY: Department of Public Works AGENDA: New Business Recommendation: Approve the proposed assessments and ordinances. Background: The Council was notified on February 7, 2006 that the proposed assessment rolls were on file for public inspection in the Department of Finance. Analysis: Notice of hearing letters were published February 10, 2006 in the Wichita Eagle being not less than ten days prior to the date of hearing. All affected property owners have been notified in writing. Department of Finance and Public Works staff held an informal hearing February 27, 2006 at 11:00 a.m. for the paving projects. Financial Considerations: Statements of Special Assessment will be mailed to the property owners on March 24, 2006. The property owners have 30 days from date of statement to pay their assessment and avoid paying interest. The assessments not paid during this period will be in the July 2006 bond sale. The interest added to the principal amount will be determined by the rate at which the bonds sell. The principal and interest will then be spread and placed on the 2006 tax roll. Legal Considerations: These projects were initiated pursuant to provisions of K.S.A. 12-6a01 et seq. as amended. All of the projects were 100% petitions with the exception of: Paving Projects 472-8338 76.19% Petition Improving E-W Alley between Martinson & Elizabeth; McCormick & Irving 472-83908 72.92% Petition Improving Hoover 472-83958 Ordered In Improving 27th Street 472-83959 Ordered In Improving 27th Street 472-83960 Ordered In Improving 27th Street 472-83961 Ordered In Improving 27th Street 472-84041 60.00% Petition Improving Kessler 472-84062 51.22% Petition Improving Bickel, 8th St., Gow Ave., Murdock Ave. 472-84112 76.04% Petition Improving Eisenhower Recommendation/Action: It is recommended that the City Council close the Public Hearing, approve the proposed assessments and place the ordinances on first reading. HEARING ON PROPOSED ASSESSMENTS FOR IMPROVING PAVING PROJECTS On February 7, 2006, the Council was notified that the proposed assessment rolls for improving of paving projects had been prepared and were on file in the office of Debt Management in the Finance Department for public inspection: PAVING PROJECTS: A. (490-036/472-82312) IMPROVING WADDINGTON COURT (North of Central, West of Tyler), as authorized by Resolution R-93-111, rescinded by R-05-047, adopted March 23, 1993, February 1, 2005, and published March 26, 1993, February 4, 2005, corrected & republished March 8, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $66,900.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. B. (490-798/472-83388) IMPROVING OF E-W ALLEY BETWEEN MARTINSON & ELIZABETH, MCCORMICK & IRVING (West of Martinson), as authorized by Resolution R-01-220, adopted June 5, 2001, and published June 8, 2001. Petition for this improvement was signed by owners representing 76.19% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $31,100.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a square foot basis. C. (490-994/472-83625) IMPROVING VICTORIA, MARIE, 44TH ST. SOUTH & GREENWOOD (West of Hydraulic, South of 44th St. South), as authorized by Resolution R-04-059, amended by R-04-415, adopted February 10, 2004, August 17, 2004, and published February 13, 2004, August 20, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $240,900.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. D. (490-037/472-83689) IMPROVING PEREGRINE, KITE, BLACKHAWK, KITE CIR. & SIDEWALK (South of 53rd Street North, West of Hillside), as authorized by Resolution R-03-049, adopted February 4, 2003, and published February 8, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $333,600.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. E. (490-992/472-83708) IMPROVING A NORTH-BOUND LEFT TURN LANE ON WOODLAWN (West of Woodlawn, South of 29th Street North), as authorized by Resolution R-03-150, adopted March 18, 2003, and published March 22, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $42,400.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis F. (490-020/472-83722) IMPROVING CAVIT, DECKER, BURTON, & SIDEWALK (West of 135th Street West, North of Maple), as authorized by Resolution R-03-086, rescinded by R-04-364, adopted February 11, 2003 & July 20, 2004, and published February 15, 2003 & July 23, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $238,000.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. G. (490-003/472-83759) IMPROVING CITY VIEW , SHERIAC CIRCLE INCLUDING CUL-DE-SAC, SHERIAC COURT AND SIDEWALK (West of 135th Street West, North of Maple), as authorized by Resolution R-03-206, amended by R-04-537, adopted May 6, 2003 & September 28, 2004, and published May 9, 2003 & October 1, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $250,000.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. H. (490-002/472-83773) IMPROVING NORTHWIND (East of Ridge, North of 29th Street North), as authorized by Resolution R-03-235, adopted May 13, 2003, and published May 16, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $42,100.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. I. (490-029/472-83790) IMPROVING DEN HOLLOW, DEN HOLLOW CT., DEN HOLLOW CIR., INCLUDING CUL-DE SACS (North of 29th St. North, between Maize & Tyler), as authorized by Resolution R-03-305, adopted June 10, 2003, and published June 13, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $233,400.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. J. (490-008/472-83803) IMPROVING 28TH STREET NORTH (North of 21st, West of Greenwich Road), as authorized by Resolution R-03-320, adopted June 17, 2003, and published June 20, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $88,500.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. K. (491-007/472-83815) IMPROVING FACADE AT 111 W. DOUGLAS (South of Douglas, West of Main), as authorized by Resolution R-03-419, adopted August 5, 2003, and published August 8, 2003; corrected & republished December 20, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $146,000.00 is to be apportioned 78.571429% payable by the improvement district; 21.428571% payable by the City at large to the improvement district. The cost has been assessed on a square foot basis. L. (490-936/472-83816) IMPROVING PADDOCK GREEN CIRCLE INCLUDING THE CUL-DE-SACS (South of 21st. Street, West of Webb), as authorized by Resolution R-03-385, adopted July 15, 2003, and published July 18, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $148,800.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. M. (490-929/472-83818) IMPROVING SHILOH STREET, BOSTON, ZIMMERLY, SHILOH COURT, BOSTON COURT INCLUDING CUL-DE-SACS & SIDEWALK (North of Harry, West of Greenwich), as authorized by Resolution R-03-431, amended by Resolution No. R-04-118, adopted August 5, 2003 & March 16, 2004, and published August 8, 2003 & March 19, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $814,300.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. N. (491-009/472-83864) CONSTRUCTION OF FACADE IMPROVEMENTS AT 810 W. DOUGLAS (South of Douglas, West of Main), as authorized by Resolution R-03-537, adopted October 21, 2003, and published October 24, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $54,100.00 is to be apportioned 75% payable by the improvement district; 25% payable by the City at Large to the improvement district. The cost has been assessed on a square foot basis. O. (490-024/472-83893) IMPROVING FOUNDERS CIRCLE, CUL-DE-SAC & SIDEWALK (South of 21st, East of K-96 Expressway), as authorized by Resolution R-03-640, adopted December 2, 2003, and published December 5, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $249,400.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. P. (490-949/472-83894) IMPROVING UNIVERSITY AVENUE (South of Maple, East of Ridge), as authorized by Resolution R-04-034, rescinded by R-05-093, adopted January 13, 2004, March 1, 2005, and published January 16, 2004, March 4, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $35,300.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. Q. (491-010/472-83896) CONSTRUCTION OF FACADE IMPROVEMENTS AT 1011 & 1017 W DOUGLAS (South of Douglas, East of Seneca), as authorized by Resolution R-03-627, adopted December 2, 2003, and published December 5, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $52,600.00 is to be apportioned 75% payable by the improvement district; 25% payable by the City At Large to the improvement district. The cost has been assessed on a square foot basis. R. (490-956/472-83908) IMPROVING HOOVER (North of Central, East of I-235 Expressway), as authorized by Resolution R-04-037, adopted February 3, 2004, and published February 6, 2004. Petition for this improvement was signed by owners representing 72.92% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $253,500.00 is to be apportioned 84% payable by the improvement district, 16 percent payable by the City at Large to the improvement district. The cost has been assessed on a square foot basis. S. (490-979/472-83958) IMPROVING 27TH STREET NORTH (West of Jackson to the middle of 27th North & Jackson), as authorized by Resolution R-04-126, R-04-136, adopted March 16, 2004, April 6, 2004, and published March 18, 2004, April 8, 2004, corrected & republished January 26, 2006. Petition for this improvement was Ordered In. The Statement of Cost approved, December 13, 2005 in the amount of $33,700.00 is to be apportioned 85% payable by the improvement district; 15% payable by the City at Large to the improvement district. The cost has been assessed on a square foot basis. T. (490-982/472-83959) IMPROVING 27TH ST. N. FROM THE WEST LINE OF WELLINGTON TO THE WEST LINE OF MARKET (West of Wellington to the West Line of Market), as authorized by Resolution R-04-127, R-04-138, adopted March 16, 2004. April 6, 2004, and published March 18, 2004, April 8, 2004. Petition for this improvement was Ordered In. The Statement of Cost approved, December 13, 2005 in the amount of $99,600.00 is to be apportioned 83% payable by the improvement district; 17% payable by the City at Large to the improvement district. The cost has been assessed on a square foot basis. U. (490-981/472-83960) IMPROVING 27TH ST. N. FROM THE MIDDLE OF THE INTERSECTION OF 27TH & WACO (27TH & WACO to the E. of FAIRVIEW), as authorized by Resolution R-04-128, R-04-137, adopted March 16, 2004, April 6, 2004, and published March 18, 2004, April 8, 2004, corrected & republished April 29, 2004, July 22, 2005 & January 26, 2006. Petition for this improvement was Ordered In. The Statement of Cost approved, December 13, 2005 in the amount of $49,800.00 is to be apportioned 85% payable by the improvement district; 15% payable by the City at Large to the improvement district. The cost has been assessed on a square foot basis. V. (490-980/472-83961) IMPROVING 27TH ST. N. FROM THE MIDDLE OF THE INTERSECTION OF 27TH & JACKSON (27th & Jackson to the middle of the Intersection of 27th & Waco), as authorized by Resolution R-04-129, R-04-135, adopted March 16, 2004, April 6, 2004, and published March 18, 2004, April 8, 2004, corrected & republished November 17, 2005 & January 26, 2006. Petition for this improvement was Ordered In. The Statement of Cost approved, December 13, 2005 in the amount of $56,300.00 is to be apportioned 85% payable by the improvement district; 15% payable by the City at Large to the improvement district. The cost has been assessed on a square foot basis. W. (490-986/472-83993) IMPROVING CLARA ST., DORIS ST. & SIDEWALK (East of Hoover, South of 13th), as authorized by Resolution R-04-201, amended by Resolution No. R-04-390, adopted April 20, 2004 & August 3, 2004, and published April 23, 2004 & August 6, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $228,300.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. X. (490-010/472-84023) IMPROVING MANCHESTER, WATERSIDE, WATERSIDE COURTS (3) & SIDEWALK (North of 37th Street North, West of Maize), as authorized by Resolution R-04-371, adopted July 20, 2004, and published July 23, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $392,000.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. Y. (490-989/472-84025) IMPROVING WESTLAKES COURT, WESTLAKES PARKWAY & SIDEWALK (East of Maize, North of 29th Street North), as authorized by Resolution R-04-238, adopted May 18, 2004, and published May 21, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $677,800.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. Z. (490-012/472-84028) IMPROVING JEWELL, GRANT, ROGERS LANE, JEWELL COURT, GRANT COURT, ROGERS CIRCLE, INCLUDING CUL-DE-SACS & SIDEWALK (North of Pawnee, West of 119th Street West), as authorized by Resolution R-04-262, rescinded by R-05-108, adopted May 18, 2004 & March 1, 2005, and published May 21, 2004, corrected & republished on July 9, 2004 & March 4, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $480,400.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. AA. (490-004/472-84041) IMPROVING KESSLER (North of Kellogg, East of West Street), as authorized by Resolution R-04-341, adopted July 13, 2004, and published July 19, 2004, corrected & republished July 26, 2004. Petition for this improvement was signed by owners representing 60% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $130,100.00 is to be apportioned 100 % payable by the improvement district to the improvement district. The cost has been assessed on a square foot basis. AB. (490-993/472-84047) CONSTRUCTING TRAFFIC SIGNALIZATION AT THE INTERSECTION OF WOODLAWN & SOUTH OF 29TH STREET NORTH (Woodlawn, South of 29th St. North), as authorized by Resolution R-04-285, adopted June 8, 2004, and published June 11, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $218,700.00 is to be apportioned 100 % payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. AC. (490-017/472-84062) IMPROVING BICKEL, 8TH ST. N, & GOW AVE. (South of 9th, West of Sheridan), as authorized by Resolution R-04-414, adopted August 17, 2004, and published August 20, 2004. Petition for this improvement was signed by owners representing 51.22% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $181,200.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a square foot basis. AD. (490-018/472-84074) IMPROVING BLUELAKE, 31ST ST. S., BOLIN DR., SABIN, BLUELAKE CT., INCLUDING CUL-DE-SAC & SIDEWALK (West of West Street, North of MacArthur), as authorized by Resolution R-04-480, rescinded by R-05-133, rescinded by R-05-369, adopted September 14, 2004 & March 22, 2005, July 12, 2005, and published September 17, 2004 & March 28, 2005, July 16, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $1,014,100.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. AE. (490-043/472-84085) IMPROVING HAWTHORNE ST. & HAWTHORNE CT., (West of 143rd Street East, South of Central), as authorized by Resolution R-04-566, adopted October 12, 2004, and published October 15, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $85,200.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. AF. (490-030/472-84097) IMPROVING LARK, HADDEN, FIELDCREST ST., ATLANTA CIR., HADDEN CIR., CUL-DE-SAC & SIDEWALK (South of Pawnee, West of Maize), as authorized by Resolution R-04-512, adopted September 14, 2004, and published September 17, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $287,100.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. AG. (490-023/472-84109) IMPROVING PATTIE (West of Hydraulic, South of 31st Street South), as authorized by Resolution R-04-549, adopted October 12, 2004, and published October 15, 2004, corrected & republished December 20, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $10,000.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a square foot basis. AH. (490-022/472-84110) IMPROVING SIDEWALK ALONG WEST SIDE OF RESERVE A (South of 21st., East of 127th St. East), as authorized by Resolution R-04-548, rescinded by R-05-044, adopted October 12, 2004 & January 25, 2005, and published October 15, 2004, corrected & republished December 20, 2004 & January 31, 2005, corrected & republished March 18, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $68,600.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. AI. (490-021/472-84112) IMPROVING EISENHOWER COURT (West of Hoover, South of Harry), as authorized by Resolution R-04-573, adopted October 12, 2004, and published October 15, 2004. Petition for this improvement was signed by owners representing 76.04% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $96,100.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. AJ. (490-035/472-84126) IMPROVING 45TH ST. SOUTH, LEONINE, 45TH ST. SOUTH CT. INCLUDING THE CUL-DE-SAC & SIDEWALK (North of 47th St. South, East of West St.), as authorized by Resolution R-05-006, adopted January 4, 2005, and published January 10, 2005 corrected & republished January 28, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $132,900.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. Agenda Item No. 27. City of Wichita City Council Meeting March 7, 2006 Agenda Report 06-0245 TO: Mayor and City Council SUBJECT: Repair or Removal of Dangerous & Unsafe Structures Districts I INITIATED BY: Office of Central Inspection AGENDA: New Business Recommendations: Adopt the resolution. Background: On January 10, 2006 a report was submitted with respect to the dangerous and unsafe conditions on the property below. The Council adopted a resolution providing for a public hearing to be held on this condemnation action at 9:30 a.m. or as soon thereafter, on March 7, 2006. Analysis: On December 5, 2005, the Board of Code Standards and Appeals (BCSA) held a hearing on the following property: Property Address Council District a.1155 North Spruce I Detailed information/analysis concerning this property is included in the attachments. Legal Considerations: Pursuant to State Statute, the Resolution was duly published twice on January 12, 2006, and January 19, 2006. A copy of each resolution was sent by certified mail or given personal service delivery to the owners and lien holders of record of the described property. Recommendations/Actions: It is recommended that the City Council close the public hearing, adopt the resolutions declaring the buildings dangerous and unsafe structures, and accept the BCSA recommended action to proceed with condemnation allowing 10 days to start demolition and 10 days to complete removal of the structures. Any extensions of time granted to repair the structures would be contingent on the following: (1) All taxes have been paid to date, as of March 7, 2006; (2) the structures have been secured as of March 7, 2006 and will continue to be kept secured; and (3) the premises are mowed and free of debris as of March 7, 2006 and will be so maintained during renovation. If any of the above conditions are not met, the Office of Central Inspection will proceed with demolition action and also instruct the City Clerk to have the resolution published once in the official city paper and advise the owner of these findings. Agenda Item No. 28. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0246 TO: Mayor and City Council Members SUBJECT: Public Hearing on Proposed Assessments for Thirty six (36) Paving Projects in July 2006 Bond Sales Series 786 (All Districts) INITIATED BY: Department of Public Works AGENDA: New Business Recommendation: Approve the proposed assessments and ordinances. Background: The Council was notified on February 7, 2006 that the proposed assessment rolls were on file for public inspection in the Department of Finance. Analysis: Notice of hearing letters were published February 10, 2006 in the Wichita Eagle being not less than ten days prior to the date of hearing. All affected property owners have been notified in writing. Department of Finance and Public Works staff held an informal hearing February 27, 2006 at 11:00 a.m. for the paving projects. Financial Considerations: Statements of Special Assessment will be mailed to the property owners on March 24, 2006. The property owners have 30 days from date of statement to pay their assessment and avoid paying interest. The assessments not paid during this period will be in the July 2006 bond sale. The interest added to the principal amount will be determined by the rate at which the bonds sell. The principal and interest will then be spread and placed on the 2006 tax roll. Legal Considerations: These projects were initiated pursuant to provisions of K.S.A. 12-6a01 et seq. as amended. All of the projects were 100% petitions with the exception of: Paving Projects 472-83388 76.19% Petition Improving E-W Alley between Martinson & Elizabeth; McCormick & Irving 472-83908 72.92% Petition Improving Hoover 472-83958 Ordered In Improving 27th Street 472-83959 Ordered In Improving 27th Street 472-83960 Ordered In Improving 27th Street 472-83961 Ordered In Improving 27th Street 472-84041 60.00% Petition Improving Kessler 472-84062 51.22% Petition Improving Bickel, 8th St., Gow Ave., Murdock Ave. 472-84112 76.04% Petition Improving Eisenhower Recommendation/Action: It is recommended that the City Council close the Public Hearing, approve the proposed assessments and place the ordinances on first reading. HEARING ON PROPOSED ASSESSMENTS FOR IMPROVING PAVING PROJECTS On February 7, 2006, the Council was notified that the proposed assessment rolls for improving of paving projects had been prepared and were on file in the office of Debt Management in the Finance Department for public inspection: PAVING PROJECTS: A. (490-036/472-82312) IMPROVING WADDINGTON COURT (North of Central, West of Tyler), as authorized by Resolution R-93-111, rescinded by R-05-047, adopted March 23, 1993, February 1, 2005, and published March 26, 1993, February 4, 2005, corrected & republished March 8, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $66,900.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. B. (490-798/472-83388) IMPROVING OF E-W ALLEY BETWEEN MARTINSON & ELIZABETH, MCCORMICK & IRVING (West of Martinson), as authorized by Resolution R-01-220, adopted June 5, 2001, and published June 8, 2001. Petition for this improvement was signed by owners representing 76.19% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $31,100.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a square foot basis. C. (490-994/472-83625) IMPROVING VICTORIA, MARIE, 44TH ST. SOUTH & GREENWOOD (West of Hydraulic, South of 44th St. South), as authorized by Resolution R-04-059, amended by R-04-415, adopted February 10, 2004, August 17, 2004, and published February 13, 2004, August 20, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $240,900.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. D. (490-037/472-83689) IMPROVING PEREGRINE, KITE, BLACKHAWK, KITE CIR. & SIDEWALK (South of 53rd Street North, West of Hillside), as authorized by Resolution R-03-049, adopted February 4, 2003, and published February 8, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $333,600.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. E. (490-992/472-83708) IMPROVING A NORTH-BOUND LEFT TURN LANE ON WOODLAWN (West of Woodlawn, South of 29th Street North), as authorized by Resolution R-03-150, adopted March 18, 2003, and published March 22, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $42,400.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis F. (490-020/472-83722) IMPROVING CAVIT, DECKER, BURTON, & SIDEWALK (West of 135th Street West, North of Maple), as authorized by Resolution R-03-086, rescinded by R-04-364, adopted February 11, 2003 & July 20, 2004, and published February 15, 2003 & July 23, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $238,000.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. G. (490-003/472-83759) IMPROVING CITY VIEW , SHERIAC CIRCLE INCLUDING CUL-DE-SAC, SHERIAC COURT AND SIDEWALK (West of 135th Street West, North of Maple), as authorized by Resolution R-03-206, amended by R-04-537, adopted May 6, 2003 & September 28, 2004, and published May 9, 2003 & October 1, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $250,000.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. H. (490-002/472-83773) IMPROVING NORTHWIND (East of Ridge, North of 29th Street North), as authorized by Resolution R-03-235, adopted May 13, 2003, and published May 16, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $42,100.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. I. (490-029/472-83790) IMPROVING DEN HOLLOW, DEN HOLLOW CT., DEN HOLLOW CIR., INCLUDING CUL-DE SACS (North of 29th St. North, between Maize & Tyler), as authorized by Resolution R-03-305, adopted June 10, 2003, and published June 13, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $233,400.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. J. (490-008/472-83803) IMPROVING 28TH STREET NORTH (North of 21st, West of Greenwich Road), as authorized by Resolution R-03-320, adopted June 17, 2003, and published June 20, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $88,500.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. K. (491-007/472-83815) IMPROVING FACADE AT 111 W. DOUGLAS (South of Douglas, West of Main), as authorized by Resolution R-03-419, adopted August 5, 2003, and published August 8, 2003; corrected & republished December 20, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $146,000.00 is to be apportioned 78.571429% payable by the improvement district; 21.428571% payable by the City at large to the improvement district. The cost has been assessed on a square foot basis. L. (490-936/472-83816) IMPROVING PADDOCK GREEN CIRCLE INCLUDING THE CUL-DE-SACS (South of 21st. Street, West of Webb), as authorized by Resolution R-03-385, adopted July 15, 2003, and published July 18, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $148,800.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. M. (490-929/472-83818) IMPROVING SHILOH STREET, BOSTON, ZIMMERLY, SHILOH COURT, BOSTON COURT INCLUDING CUL-DE-SACS & SIDEWALK (North of Harry, West of Greenwich), as authorized by Resolution R-03-431, amended by Resolution No. R-04-118, adopted August 5, 2003 & March 16, 2004, and published August 8, 2003 & March 19, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $814,300.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. N. (491-009/472-83864) CONSTRUCTION OF FACADE IMPROVEMENTS AT 810 W. DOUGLAS (South of Douglas, West of Main), as authorized by Resolution R-03-537, adopted October 21, 2003, and published October 24, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $54,100.00 is to be apportioned 75% payable by the improvement district; 25% payable by the City at Large to the improvement district. The cost has been assessed on a square foot basis. O. (490-024/472-83893) IMPROVING FOUNDERS CIRCLE, CUL-DE-SAC & SIDEWALK (South of 21st, East of K-96 Expressway), as authorized by Resolution R-03-640, adopted December 2, 2003, and published December 5, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $249,400.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. P. (490-949/472-83894) IMPROVING UNIVERSITY AVENUE (South of Maple, East of Ridge), as authorized by Resolution R-04-034, rescinded by R-05-093, adopted January 13, 2004, March 1, 2005, and published January 16, 2004, March 4, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $35,300.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. Q. (491-010/472-83896) CONSTRUCTION OF FACADE IMPROVEMENTS AT 1011 & 1017 W DOUGLAS (South of Douglas, East of Seneca), as authorized by Resolution R-03-627, adopted December 2, 2003, and published December 5, 2003. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $52,600.00 is to be apportioned 75% payable by the improvement district; 25% payable by the City At Large to the improvement district. The cost has been assessed on a square foot basis. R. (490-956/472-83908) IMPROVING HOOVER (North of Central, East of I-235 Expressway), as authorized by Resolution R-04-037, adopted February 3, 2004, and published February 6, 2004. Petition for this improvement was signed by owners representing 72.92% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $253,500.00 is to be apportioned 84% payable by the improvement district, 16 percent payable by the City at Large to the improvement district. The cost has been assessed on a square foot basis. S. (490-979/472-83958) IMPROVING 27TH STREET NORTH (West of Jackson to the middle of 27th North & Jackson), as authorized by Resolution R-04-126, R-04-136, adopted March 16, 2004, April 6, 2004, and published March 18, 2004, April 8, 2004, corrected & republished January 26, 2006. Petition for this improvement was Ordered In. The Statement of Cost approved, December 13, 2005 in the amount of $33,700.00 is to be apportioned 85% payable by the improvement district; 15% payable by the City at Large to the improvement district. The cost has been assessed on a square foot basis. T. (490-982/472-83959) IMPROVING 27TH ST. N. FROM THE WEST LINE OF WELLINGTON TO THE WEST LINE OF MARKET (West of Wellington to the West Line of Market), as authorized by Resolution R-04-127, R-04-138, adopted March 16, 2004. April 6, 2004, and published March 18, 2004, April 8, 2004. Petition for this improvement was Ordered In. The Statement of Cost approved, December 13, 2005 in the amount of $99,600.00 is to be apportioned 83% payable by the improvement district; 17% payable by the City at Large to the improvement district. The cost has been assessed on a square foot basis. U. (490-981/472-83960) IMPROVING 27TH ST. N. FROM THE MIDDLE OF THE INTERSECTION OF 27TH & WACO (27TH & WACO to the E. of FAIRVIEW), as authorized by Resolution R-04-128, R-04-137, adopted March 16, 2004, April 6, 2004, and published March 18, 2004, April 8, 2004, corrected & republished April 29, 2004, July 22, 2005 & January 26, 2006. Petition for this improvement was Ordered In. The Statement of Cost approved, December 13, 2005 in the amount of $49,800.00 is to be apportioned 85% payable by the improvement district; 15% payable by the City at Large to the improvement district. The cost has been assessed on a square foot basis. V. (490-980/472-83961) IMPROVING 27TH ST. N. FROM THE MIDDLE OF THE INTERSECTION OF 27TH & JACKSON (27th & Jackson to the middle of the Intersection of 27th & Waco), as authorized by Resolution R-04-129, R-04-135, adopted March 16, 2004, April 6, 2004, and published March 18, 2004, April 8, 2004, corrected & republished November 17, 2005 & January 26, 2006. Petition for this improvement was Ordered In. The Statement of Cost approved, December 13, 2005 in the amount of $56,300.00 is to be apportioned 85% payable by the improvement district; 15% payable by the City at Large to the improvement district. The cost has been assessed on a square foot basis. W. (490-986/472-83993) IMPROVING CLARA ST., DORIS ST. & SIDEWALK (East of Hoover, South of 13th), as authorized by Resolution R-04-201, amended by Resolution No. R-04-390, adopted April 20, 2004 & August 3, 2004, and published April 23, 2004 & August 6, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $228,300.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. X. (490-010/472-84023) IMPROVING MANCHESTER, WATERSIDE, WATERSIDE COURTS (3) & SIDEWALK (North of 37th Street North, West of Maize), as authorized by Resolution R-04-371, adopted July 20, 2004, and published July 23, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $392,000.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. Y. (490-989/472-84025) IMPROVING WESTLAKES COURT, WESTLAKES PARKWAY & SIDEWALK (East of Maize, North of 29th Street North), as authorized by Resolution R-04-238, adopted May 18, 2004, and published May 21, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $677,800.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. Z. (490-012/472-84028) IMPROVING JEWELL, GRANT, ROGERS LANE, JEWELL COURT, GRANT COURT, ROGERS CIRCLE, INCLUDING CUL-DE-SACS & SIDEWALK (North of Pawnee, West of 119th Street West), as authorized by Resolution R-04-262, rescinded by R-05-108, adopted May 18, 2004 & March 1, 2005, and published May 21, 2004, corrected & republished on July 9, 2004 & March 4, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $480,400.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. AA. (490-004/472-84041) IMPROVING KESSLER (North of Kellogg, East of West Street), as authorized by Resolution R-04-341, adopted July 13, 2004, and published July 19, 2004, corrected & republished July 26, 2004. Petition for this improvement was signed by owners representing 60% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $130,100.00 is to be apportioned 100 % payable by the improvement district to the improvement district. The cost has been assessed on a square foot basis. AB. (490-993/472-84047) CONSTRUCTING TRAFFIC SIGNALIZATION AT THE INTERSECTION OF WOODLAWN & SOUTH OF 29TH STREET NORTH (Woodlawn, South of 29th St. North), as authorized by Resolution R-04-285, adopted June 8, 2004, and published June 11, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $218,700.00 is to be apportioned 100 % payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. AC. (490-017/472-84062) IMPROVING BICKEL, 8TH ST. N, & GOW AVE. (South of 9th, West of Sheridan), as authorized by Resolution R-04-414, adopted August 17, 2004, and published August 20, 2004. Petition for this improvement was signed by owners representing 51.22% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $181,200.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a square foot basis. AD. (490-018/472-84074) IMPROVING BLUELAKE, 31ST ST. S., BOLIN DR., SABIN, BLUELAKE CT., INCLUDING CUL-DE-SAC & SIDEWALK (West of West Street, North of MacArthur), as authorized by Resolution R-04-480, rescinded by R-05-133, rescinded by R-05-369, adopted September 14, 2004 & March 22, 2005, July 12, 2005, and published September 17, 2004 & March 28, 2005, July 16, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $1,014,100.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. AE. (490-043/472-84085) IMPROVING HAWTHORNE ST. & HAWTHORNE CT., (West of 143rd Street East, South of Central), as authorized by Resolution R-04-566, adopted October 12, 2004, and published October 15, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $85,200.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. AF. (490-030/472-84097) IMPROVING LARK, HADDEN, FIELDCREST ST., ATLANTA CIR., HADDEN CIR., CUL-DE-SAC & SIDEWALK (South of Pawnee, West of Maize), as authorized by Resolution R-04-512, adopted September 14, 2004, and published September 17, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $287,100.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. AG. (490-023/472-84109) IMPROVING PATTIE (West of Hydraulic, South of 31st Street South), as authorized by Resolution R-04-549, adopted October 12, 2004, and published October 15, 2004, corrected & republished December 20, 2004. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $10,000.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a square foot basis. AH. (490-022/472-84110) IMPROVING SIDEWALK ALONG WEST SIDE OF RESERVE A (South of 21st., East of 127th St. East), as authorized by Resolution R-04-548, rescinded by R-05-044, adopted October 12, 2004 & January 25, 2005, and published October 15, 2004, corrected & republished December 20, 2004 & January 31, 2005, corrected & republished March 18, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $68,600.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. AI. (490-021/472-84112) IMPROVING EISENHOWER COURT (West of Hoover, South of Harry), as authorized by Resolution R-04-573, adopted October 12, 2004, and published October 15, 2004. Petition for this improvement was signed by owners representing 76.04% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $96,100.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. AJ. (490-035/472-84126) IMPROVING 45TH ST. SOUTH, LEONINE, 45TH ST. SOUTH CT. INCLUDING THE CUL-DE-SAC & SIDEWALK (North of 47th St. South, East of West St.), as authorized by Resolution R-05-006, adopted January 4, 2005, and published January 10, 2005 corrected & republished January 28, 2005. Petition for this improvement was signed by owners representing 100% of the property ownership. The Statement of Cost approved, December 13, 2005 in the amount of $132,900.00 is to be apportioned 100% payable by the improvement district to the improvement district. The cost has been assessed on a fractional basis. Agenda Item No. 29. City of Wichita City Council Meeting March 7, 2006 Agenda Report No.06-0247 TO: Mayor and City Council Members SUBJECT: 17th St. North Drainage Project, between St. Francis and Santa Fe Streets (District VI) INITIATED BY: Department of Public Works AGENDA: New Business Recommendations: Approve the project. Background: The 2005-2014 Capital Improvement Program adopted by the City Council includes a project to improve 17th St. North, between Broadway and the I-135 Freeway. The work includes the construction of a large concrete box culvert to provide proper drainage for the new pavement and surrounding areas. A portion of this culvert will extend under the Central Railroad Corridor between St. Francis and Santa Fe. Analysis: Because of the construction of the Central Rail Corridor Project, now would be the time to install the new box in the railroad right-of-way. If the box can be installed while the tracks are removed, installation can be the open-cut method compared to the much more expensive method of boring. Railroad permitting and associated costs for insurance and flagging will be much less. If the City Council agrees and authorizes a portion of this culvert to be constructed now, construction would be done this summer. Financial Considerations: The estimated cost of the 17th St. North drainage work within the railroad right-of-way is $1,000,000. The drainage and the street work for the entire project is included in the 2007 and 2008 CIP for $5,250,000. It is recommended that $1,000,000 be moved forward to 2006 to allow this work. Legal Considerations: The Law Department has approved the authorizing Resolution as to legal form. Recommendation/Actions: It is recommended that the City Council approve the project, approve the Resolution and authorize the necessary signatures. *Attachments included; CIP Sheet and Resolution Agenda Item 30. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0248 TO: Mayor and City Council SUBJECT: Letter of Intent for 47th & Broadway Redevelopment Project and Resolution Considering the Establishment of a Redevelopment District (Tax Increment Financing) (District IV) INITIATED BY: City Manager's Office AGENDA: New Business _____________________________________________________________________________ Recommendation: Designate the preferred developer, approve the letter of intent and adopt the resolution. Background: David Christie, a commercial real estate developer from Overland Park, Kansas, has approached the City of Wichita with a proposal to redevelop a 21-acre area at the southwest corner of 47th Street South and Broadway. Mr. Christie's plan for the first phase of development of this area calls for the replacement of the existing multi-tenant shopping center at that location with a new, 135,000 square foot Home Depot store and the construction of a new 30,000 square foot retail center on the vacant land adjacent to the west. The total development cost for this phase of the development is estimated at $8.6 million. Total employment is expected to be 200 jobs at an average wage of $12 per hour. Mr. Christie has asked the City to assist with the redevelopment project by providing tax increment financing (TIF) in an amount not-to-exceed $1.5 million to pay for infrastructure, demolition, site work, parking, landscaping and relocation costs. In order to accommodate this request, the City Council would need to designate D.J. Christie, Inc. as the City's preferred developer of the proposed redevelopment district, approve a letter of intent setting forth the basic elements of the business deal, and adopt a resolution setting a date for a public hearing on the establishment of the proposed redevelopment district. Analysis: The area proposed for redevelopment is bounded on the north by 47th Street South, on the east by Broadway, on the south by 48th Street South and on the west by Water Street. This site is located within an area that was designated by the City Council as an Enterprise Zone prior to July 1, 1992. State law allows cities to establish redevelopment districts in areas that are located within former Enterprise Zones, as an alternative to areas containing slum and blight or conservation areas. City staff and D.J. Christie, Inc. have negotiated the basic business elements of a development agreement as set forth in the attached letter of intent. The letter of intent is not binding on the City and must be replaced by a development agreement for the terms to be enforceable. The letter of intent signifies the City's present intent to provide funding through tax increment financing in an amount not-to-exceed $1.5 million to pay for eligible redevelopment project costs. Additional TIF funds would be used to pay for reasonable costs directly related to the issuance of TIF bonds. However, the total amount funded through tax increment financing cannot exceed the amount supported by a TIF feasibility study contained in a detailed redevelopment project plan. Tax increment financing allows the increased tax revenue resulting from the redevelopment of property to be reinvested in the redevelopment project. Once a TIF district is established and a redevelopment project plan is adopted by City Council, the increment of increased tax revenue is set aside by the County Treasurer and can be used by the City to repay bonds issued to finance certain improvements that are specified in the redevelopment project plan. The first step in establishing the tax increment district is the adoption of a resolution which states that the City Council is considering the establishment of the TIF district and sets the date for a public hearing on the matter. The earliest date a public hearing could be held is April 11, 2006. After closing the public hearing, the City Council may adopt an ordinance establishing the redevelopment district. The resolution directs the City Clerk to publish the resolution in the City's official newspaper and to mail copies, by certified mail, to the owners and occupants of all property located within the district and to the Board of County Commissioners and Board of Education. The resolution also includes a map of the proposed district and a proposed district plan identifying potential redevelopment project areas and a general description of buildings and facilities to be constructed or improved. Tax increment financing falls under the City's Economic Development Incentive Policy, and as such this project will be subject to the provisions of said Policy, unless specifically waived or adjusted by the City Council. For example, it may be necessary to waive or adjust the requirement that projects must show a cost-benefit ratio of at least 1.3 to one in order to receive incentives. As a commercial redevelopment project consisting of retail businesses, it is unlikely the project will qualify under that requirement. Financial Considerations: The cost of mailing the Resolution to all owners and occupants of property located within the district will be charged to Economic Development Fund and will be ultimately financed with TIF revenues. As set forth in the letter of intent, the developer and/or Home Depot will be required to provide satisfactory guarantees for the payment of any shortfall in TIF revenues available for debt service on any "full faith and credit" TIF bonds issued by the City. If the City issues TIF revenue bonds instead of full faith and credit TIF bonds, the shortfall guarantee would not be required. TIF revenue bonds are secured by and paid solely from available TIF revenue and the City is not obligated to cover any TIF revenue shortfalls. Legal Considerations: The City's Law Department has prepared the letter of intent and approved the resolution, as to form. The actual establishment of the redevelopment tax increment financing district will not be effective until the City Council adopts an ordinance for that purpose, following the aforementioned public hearing. The Sedgwick County Board of County Commissioners and the Wichita Board of Education will have 30 days following the public hearing to veto the establishment of the redevelopment district. The legal authority to issue bonds paid from TIF revenues will not be established until the City Council adopts a detailed redevelopment project plan, by a two-thirds majority vote. Recommendations/Actions: It is recommended that the City Council: 1) designate D.J. Christie, Inc. as the preferred developer of a redevelopment project in the area of 47th Street South and Broadway; 2) approve the letter of intent to provide Tax Increment Financing in an amount not-to-exceed $1,500,000 plus costs of issuance; and 3) adopt a resolution providing notice of consideration for the establishment of the proposed redevelopment district and setting a public hearing for April 18, 2006. Agenda Item No. 31. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0249 TO: Mayor and City Council SUBJECT: Agreement By and Between the City of Wichita and the City of Kechi INITIATED BY: Water and Sewer Department AGENDA: New Business Recommendation: Approve the Agreement between the City of Wichita and the City of Kechi for construction of a twelve-inch water supply line and connection to Kechi for improved water service. Background: Wichita has provided wholesale water service to the City of Kechi since 1985. Due to the growth in Kechi, the existing service line is inadequate to provide future service. At Kechi's request, Wichita examined the prospect of providing an additional connection to supply Kechi's future water needs. Elevated storage was recently constructed in the area and has enabled the Water Utility to provide the additional supply and capacity, and improved pressures to Kechi. Analysis: Kechi has requested that Wichita plan, obtain necessary rights-of-way and easements, and construct this supply main. Along with this, Kechi has indicated that it will reimburse Wichita one-hundred percent for these services. It would then have ownership and maintenance responsibilities for the referenced facilities. The planned location for the supply main is indicated on Attachment A of the proposed Agreement. In general, the location of the supply main will be in the area of 53rd Street North and Rock Road. The Agreement has been approved by Kechi's governing body. Financial Considerations: Kechi will reimburse Wichita for the expenses incurred for the services, as outlined in the proposed Agreement. Construction of the facilities will result in expanded service to Kechi and in additional revenues to the Water Utility. Legal Considerations: The Agreement has been reviewed and approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement with the City of Kechi for construction of the twelve-inch supply line and connection to Kechi from Wichita. Agenda Item No. 32. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0250 TO: Mayor and City Council SUBJECT: Convention & Visitors Bureau National Media Purchase INITIATED BY: City Manager's Office AGENDA: New Business Recommendation: Approve the allocation. Background: In an effort to take advantage of unique marketing and research opportunities, the City Council initiated a "Tourism Research/Marketing Fund" as part of the Tourism and Convention Fund in the annual budget. This allocation is funded from the transient guest tax. It is earmarked to fund special activities as deemed appropriate by the Greater Wichita Convention and Visitors Bureau (GWCVB) and City staff to approach City Council for approval. The GWCVB has an opportunity to purchase deeply discounted national media purchases through the Destination Marketing Association International (formerly International Association of Convention & Visitors Bureaus, a professional association of CVBs). The purchase is: * One (1) full page black/white ad in the USA Today South Central Region, appearing in Dallas, Houston, Kansas City, New Orleans, Nashville and St. Louis. * Estimated value of USA Today ad: $34,172 * Actual cost: $8,000 * Two (2) full page four-color ads in Fortune Magazine, running in different months * Estimated value of each ad: $25,750 or total value of $51,500. * Each ad will cost $6,000. * Actual cost: $12,000 * Total Cost: $20,000 Analysis: The 2006 GWCVB Contract was approved by City Council on February 14. In that contract, the marketing and promotion goals outline a planned increase for regional and national exposure for Wichita. Staff have worked on this budget and feel that these expenses are necessary allocations to promote Wichita on a national level. Financial Considerations: The 2006 Adopted Budget has $75,000 in this fund. Therefore, there is enough money to grant the $20,000 allocation. Legal Considerations: There are no legal considerations. Recommendations/Actions: It is recommended that the City Council approve the requested GWCVB allocation from the Tourism Research and Marketing fund within the Tourism and Convention Fund and authorize the necessary signatures. Agenda Item No. 33. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0251 TO: Mayor and City Council SUBJECT: CUP2005-00072 Associated with (ZON2005-00054) - Creation of DP-293 E.S. Development Midwest Commercial Community Unit Plan; zone change to "LC" Limited Commercial. Generally located east of Maize Road, approximately 1/4 mile north of 21st Street North. (District V) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Non-Consent) MAPC Recommendation: Approve, subject to revised conditions, vote (11-1). MAPD Staff Recommendations: Approve, subject to conditions. DAB Recommendations: DAB V approve subject to conditions, vote (8-1). Background: The applicant proposes to create a commercial Community Unit Plan containing approximately 4.54 acres located east of Maize Road, approximately 1/4 mile north of 21st Street North and rezone the property from "SF-5" Single-family Residential to "LC" Limited Commercial. The CUP anticipates cross lot circulation with DP-204 Chadsworth Commercial CUP (see General Provision 23). The proposed CUP would be designed to tie together with this commercial development. After several public meetings, the applicant/agent has agreed to modify some of the original provisions of the CUP to reduce the impact of development on the residences to the north and east. The revised conditions are included in the background discussion that follows. The CUP has one parcel, which would permit only uses considered more compatible in close proximity to residential than normally found on an "LC" zoned tract. Permitted uses would be the following: Residential: single-family; duplex; assisted living; Public and civic: church or place of worship; college or university; community assembly; convalescent care facility; day care; government service; group home; hospital; library; parks and recreation; safety service; school; utility, minor; Commercial: ATM; bank or financial institution; broadcast/recording studio; funeral home; medical service; office, general; parking area, commercial; personal care service; personal improvement service; post office substation; printing and copying, limited; recreation and entertainment, indoor; restaurant; retail, general; vocational school; wireless communication facility; storage, outdoor. The list of prohibited uses would be: adult entertainment establishment; sexually oriented business; asphalt/concrete plant; private club; tavern, drinking establishment; multi-family; accessory apartment; group residence; neighborhood swimming pool; cemetery; correctional placement residence; golf course; recycling collection station; reverse vending machine utility, major; animal care; bed and breakfast inn; car wash; construction sales and services; convenience store; heliport; hotel or motel; kennel; marine facility; monument sales; night club in the City; parking area, nursery and garden center; commercial; pawn shop; printing and publishing, general; recreation and entertainment, outdoor; recreational vehicle campground; secondhand store; service station; vehicle and equipment sales, outdoor; vehicle repair, limited; wireless communication facility; manufacturing, limited; mining or quarrying ; oil or gas drilling; rock crushing; solid waste incinerator; agricultural research; agricultural sales and service. Conditional uses in "LC" would require a CUP amendment approval in lieu of Conditional Use approval prior to being permitted. The applicant agreed to prohibit restaurants with drive-in service or drive-through service on the northern 150 feet of the CUP. Quick-service or fast-food drive-in service and/or order boards would be prohibited on the eastern 300 feet, but drive-in service for other types of restaurants and retail uses would be allowed on the eastern 300 feet not within the northern 150 feet of the CUP. The southwest corner of the tract would allow order boards, but using noise mitigation techniques including sound dampening boards, partitions and/or evergreen materials and not allowing speakers directed in a northerly direction. The applicant also offered to restrict trash pick-up to after 8 a.m. daily. Buildings would have uniform architectural compatibility of character, color, texture and materials, and would use earth-tone colors predominately, with metal not used as a predominant exterior material or used on facades above the screening wall adjoining residential zoning except as trim. Parking lots would have similar or consistent lighting elements, and be limited to 15 feet in height within 100 feet of residential zoning and 24 feet otherwise. Maximum building coverage would be 30 percent and maximum gross floor area would be 35 percent. Maximum building height would be 35 feet. This is the same height allowed in the adjoining residential zoning district. The proposed number of buildings would be four. Ground signage would be monument type signs with a maximum height of 20 feet and a total sign area of 264 square feet spaced a minimum of 150 feet apart and no sign allowed within 70 feet of the northern property line. Portable and off-site signs are prohibited. Window displays would be limited to 25% of window area and signs on the rear would be prohibited. Moving signs except time and temperature or public service message are prohibited. An eight-foot concrete/masonry screening wall would be constructed on the north, east and south property line adjacent to residential zoning. The setback proposed on the CUP would be 100 feet on the east property line to afford greater separation for the abutting residential dwellings. The setback would be 50 feet for the western 300 feet and 70 feet for the eastern 300 feet along the northern property line. Additionally, a row of solid evergreen screening would be provided. The property currently is zoned "SF-5" and developed with a church, which would be razed. The property to the east, north and eastern 100 feet on the south is zoned "SF-5" Single-family Residential and developed with single-family dwellings in the Chadsworth Subdivision. The property to the south (except for the eastern 100 feet of the southern property line), and to the west across Maize Road is zoned "LC" and developed with a wide range of commercial uses, including sit-down restaurants, drive-through restaurants, small multi-tenant commercial buildings, banks, auto repair, large grocery store (Dillons), Wal-Mart and the main NewMarket Square Shopping Center. Analysis: At the MAPC meeting held January 5, 2006, MAPC voted (6-5) to defer the case until the District V Advisory Board considered the case. Many neighbors spoke in opposition, citing concerns with noise, trash, odors, that the loss of the church and its playground would diminish the quality of life for abutting neighbors, already having too much commercial on Maize Road, traffic, safety of traffic circulating in the parking lots already in the vicinity and lights. At the District V Advisory Board meeting held January 9, 2006, DAB voted (4-3) to defer the case until February 6, 2006. A representative of the church spoke and said they had done market research and found the property too valuable to not sell for development and that they had planned for a building expansion, but space was inadequate. Many neighbors spoke in opposition, citing concerns similar to those heard at the MAPC on January 5, 2006, including noise, odors and trash especially from drive-in restaurants, trash pick-up during the night, lack of code enforcement for containing trash at existing commercial uses, particularly the bowling alley, potential loss of resale value of residential houses, drainage and traffic increases. At the MAPC meeting held January 19, 2006, MAPC voted (11-1) to approve subject to revised conditions of the CUP as discussed in the background section. Again, many neighbors spoke in opposition. At the DAB V meeting held February 6, 2006, the DAB voted (8-1) to approve subject to the revised conditions recommended by MAPC. Many citizens again spoke in strong opposition citing factors of making drainage worse, traffic increases when it is already difficult to access Maize Road, trash, noise, odor and a lack of enforcement of requirements on existing CUPs. One neighbor spoke in support of the church's proposal. Legal protests have been received from 43.45 percent of the property owners within 200 feet of the property. Additional non-binding protests and other letters of opposition have been received. A three-fourth vote of the entire governing body is required to approve the request because the official protest exceeds 20 percent. Financial Considerations: None Legal Considerations: The ordinance has been reviewed and approved as to form by the Law Department. Recommendation/Actions: 1. Adopt the findings of the MAPC and approve the zone change subject to replatting within one year and approve the CUP; instruct the Planning Department to forward the ordinance for first reading when the plat is forwarded to City Council (requires three-fourth vote of entire governing body to approve);or 2. Return the application to the MAPC for reconsideration. (An override of the Planning Commission's recommendation requires a two-thirds majority vote of the City Council on the first hearing.) Agenda Item No. 34. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0252 TO: Mayor and City Council SUBJECT: V-2057 Public Hearing to vacate a portion of a platted easement, generally located between State Highway K-96 and 32nd Street North, west of Rock Road (District I) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Non-consent) Staff Recommendation: Approve. MAPC Recommendation: Approve (unanimously). Background: The applicant is requesting the vacation of a portion of the platted 20-foot sanitary sewer easement, generally located along the west side of Lot 1, Block 1, Killarney Plaza Fourth Addition. There was a manhole and sewer line in the platted easement. The sewer line and manhole were relocated (construction plan #763PPS) and accepted by the City in December of 1998. At the time that the vacation case was considered by the Metropolitan Area Planning Commission (MAPC), the site was located in Lot 3, Block 1, Killarney Plaza Third Addition, which was recorded with the Register of Deeds on June 28, 1988. Subsequently, the site was replatted as the Killarney Plaza Fourth Addition, which was recorded with the Register of Deeds on January 16, 1990. Analysis: The MAPC voted (12-0) to approve the vacation request at their December 18, 1997 meeting. The case file reveals that no one spoke in opposition to this request at the MAPC's meeting or its Subdivision Committee meeting. The case file also shows that no written protests were filed. On December 30, 1998, the public hearing forum was changed from the Wichita City Council (WCC) to the MAPC. Because this case was filed before 1998, the public hearing needs to be held by the City Council for approval. The current public hearing notice was published 20 days prior to today's (March 7, 2006) WCC meeting. Planning staff has recently initiated a review of the status of all open vacation cases. The goal of the review is to send all competed vacation cases to the governing body for final action and subsequent recording with the Register of Deeds. The review will reveal if all conditions attached to a vacation case have been completed. If the case's attached conditions have been completed, then it will be sent to the governing body for final action. Typical conditions attached to a vacation case (but not limited to these examples) would be dedications that have been or are ready to be recorded, utilities that have been relocated and accepted by the City or petitions for improvements that have been accepted by the City. Planning has found that in some instances a breakdown in communication between the applicant and City staff have left cases open when they are in fact ready for final action and thus recording. One probable result of this review process will be that the governing body will have more cases similar to this one (cases filed before 1998) where the governing body will be the public hearing forum for the final action. These cases will always be a non-consent Planning item on the WCC agenda. Financial Considerations: None. Legal Considerations: A certified copy of the Vacation Order will be recorded with the Register of Deeds. Recommendation/Actions: Follow the recommendation of the Metropolitan Area Planning Commission to approve the Vacation Order and authorize the necessary signatures. Agenda Item No. 35. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0253 TO: Mayor and City Council SUBJECT:ZON2005-00052 - Zone change from "LC" Limited Commercial to "GC" General Commercial with a Protective Overlay and Protective Overlay on property zoned "GC" General Commercial. Generally located north of Kellogg between Byron Road and Seville Avenue. (District V) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) MAPC Recommendation: Approve, subject to replatting the entire property and subject to the Protective Overlay #167, vote 12-0. MAPD Staff Recommendation: Approve, subject to replatting within one year and Protective Overlay #167. DAB Recommendation: The District V Advisory Board recommended by a vote of 7-0 to approve the change to General Commercial and with a Protective Overlay according to staff recommendations. Background: The applicant requests a zone change from "LC" Limited Commercial to "GC" General Commercial with a protective overlay on 3.19 acres, plus a protective overlay on 2.03 additional acres of existing "GC" General Commercial zoning. Total site size is 5.22 acres. The property is a narrow strip of land approximately one-third mile long but only 120 feet deep. It flanks the north side of Kellogg Drive and is bounded on the north by Dubon Avenue, an unpaved road. Its eastern edge is located at Byron Road (approximately one-sixth mile west of Tyler Road), and the property extends westward to Seville Avenue. It currently includes two platted rights-of-way, Westfield Avenue and Keith Avenue. The current zoning pattern is comprised of a row of 80-foot lots. Eleven lots (including two that are wider than 80 feet) are zoned "LC" and five lots are zoned "GC", but the "GC" lots are interspersed between the "LC" lots. The extremely shallow depth of the lots and the interspersed zoning pattern challenge the effective use of the property. The applicant has sought to unify the property by eliminating the intervening streets (Westfield Avenue and Keith Avenue), obtaining "GC" zoning for the entire property, reducing the rear building setback to 0 feet and making the entire property subject to the protective overlay provisions. The property could be developed without this approval and with the standard 10-foot building setback on the "LC" zoning and 0 feet on the "GC" portions. The protective overlay would require architectural compatibility among the buildings, with no predominately metal façades. The rear of the buildings and a matching solid masonry wall eight feet in height with a setback of 20 feet would be constructed along Dubon Avenue and would not have visible doors, windows or utility meters in order to mitigate the impact on the residential neighborhood to the north. Trees would be placed on the property or within the right-of-way of Dubon as an additional type of buffer, and signs would be prohibited on the residential side of the buildings. Lighting would be standardized, and it is recommended that only wall units be permitted on the back side of the building and that these be lowered and shielded to mitigate the impact. Prohibited uses would be group residence, correctional placement residence (limited and general), group home (limited, general and commercial), communication tower (commercial), kennel (boarding/breeding/training and hobby), night club, riding academy or stable, tattooing and body piercing facility, tavern and drinking establishment, outdoor vehicle repair, asphalt and concrete plant, gas and fuel storage, rock crushing and solid waste incinerator. The property would retain auto and highway oriented uses typical of the Kellogg corridor. The surrounding property is developed in a starkly contrasting manner. The property to the north and northwest is a suburban residential area with large lots on property zoned "SF-5" Single-family Residential. The property to the south and southeast of Kellogg is high intensity auto-related commercial uses and includes an agricultural sales and service, RV and truck vehicle sales, equipment rental and a flea market on property zoned "GC". The property to the east is vacant except for a restaurant on the southwest corner of the Kellogg interchange at Tyler Road. It is zoned "SF-5", "LC" and "GC"; the property was approved for commercial development as DP-268 Holland Commercial, but is still awaiting platting (and a second platting extension was made to February 6, 2006). Analysis: At the District V Advisory Board meeting held January 9, 2006, the Board voted (7-0) to approve the requested zone change for the property (approximately 3.19 acres) zoned "LC" Limited Commercial to "GC" General Commercial and subject to a protective overlay for the entire area (approximately 5.22 acres) including the land already zoned "GC". DAB members noted this property was a challenging site to develop. Area residents asked about paving Dubon Avenue, with staff noting the advantages of less dust and maintenance and disadvantages of encouraging additional traffic on the street and the cost to residents. At the MAPC meeting held January 19, 2006, MAPC voted (12-0) to approve the requested zone change for the "LC" portion of the property subject to replatting the entire property and subject to the protective overlay provisions for the entire property. The Commission discussed screening of the property along Dubon Avenue with the screening wall in combination with the backs of the buildings (with no service areas and access on the rear of the buildings) and landscaping, and paving on Dubon. A Commission member asked about possible pedestrian access through the screening wall to connect to the neighborhood. Two citizens spoke about the issues of paving Dubon Avenue, with one noting it would be difficult to get a 51% paving petition due to many retired people living along it, and the other indicating they wished the applicant/agent to consider paving the road. Another citizen spoke about not wanting traffic along Dubon or employees parking there. A citizen who could not attend the meeting forwarded comments in opposition, which are attached. No formal protest petitions were filed. Financial Considerations: None. Legal Considerations: The ordinance has been reviewed and approved as to form by the Law Department. Recommendation/Actions: 3. Adopt the findings of the MAPC and approve the zone change subject to replatting within one year and subject to the additional conditions of Protective Overlay #167; instruct the Planning Department to forward the ordinance for first reading when the plat is forwarded to City Council; or 4. Return the application to the MAPC for reconsideration. (An override of the Planning Commission's recommendation requires a two-thirds majority vote of the City Council on the first hearing.) OCA150004 BID 37529-009 CID#76383 Published in The Wichita Eagle on _________________________ORDINANCE NO. ___________ AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OR DISTRICTS OF CERTAIN LANDS LOCATED IN THE CITY OF WICHITA, KANSAS, UNDER THE AUTHORITY GRANTED BY THE WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE, SECTION V-C, AS ADOPTED BY SECTION 28.04.010, AS AMENDED. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS. SECTION 1. That having received a recommendation from the Planning Commission, and proper notice having been given and hearing held as provided by law and under authority and subject to the provisions of The Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by Section 28.04.010, as amended, the zoning classification or districts of the lands legally described hereby are changed as follows: Case No. ZON2005-00052 Zone change from "LC" Limited Commercial to "GC" General Commercial with a Protective Overlay #167, and subject to replatting the entire property described as: Parcel 1:Part of Lots 1, 2 and 3, Block H, Westport Addition to Wichita, Sedgwick County, Kansas described as: Beginning at the northeast corner of Lot 1, Block H, Westport Addition; thence bearing S 00 degrees 00'00" E along the east line of said lot, a distance of 125.92 feet; thence bearing S 65 degrees 57'30" W parallel with and 115 feet south of the north line of said Block H, a distance of 396.48 feet to the east line of Lot 1, Block 2 Davis Moore 12th Addition to Wichita; thence bearing N 00 degrees 00'00" E a distance of 125.92 feet to the north line of Block H, Westport Addition; thence bearing N 65 degrees 57'30" E, along the north line of said Block H, a distance of 396.48 feet to the point of beginning. Parcel 2: Part of Lots 1,2,3,4, 5 and 6, Block J, Westport Addition to Wichita, Sedgwick County, Kansas described as: Beginning at the northwest corner of Lot 6, Block J, Westport Addition; thence bearing N 65 degrees 57'30" E along the north line of said Block J, a distance of 600.00 feet to the northeast corner of Lot 1, Block J; thence bearing S 00 degrees 00'00" E along the east line of said Lot 6, a distance of 133.59 feet; thence bearing S 65 degrees 57'30" W, parallel with and 122 feet south of the north line of said Block J, a distance of 600.00 feet to the west line of Lot 6, Block J; thence bearing N 00 degrees 00'00" E along the west line of said Lot 6, a distance of 133.59 feet to the point of beginning. Parcel 3: Part of Lots 1,2,3,4, 5 and 6, Block K, Westport Addition to Wichita, Sedgwick County, Kansas described as: Beginning at the northwest corner of Lot 6, Block K, Westport Addition; thence bearing N 65 degrees 57'30" E along the north line of said Block K, a distance of 600.00 feet to the northeast corner of said Lot 1; thence bearing S 00 degrees 00'00" E along the east side of said Lot 6, a distance of 136.87 feet; thence bearing S 65 degrees 57'30" W, parallel with and 125 feet south of the north line of said Block K, a distance of 600.00 feet to the west line of said Lot 6, Block K thence N 00 degrees 00'00'' E along the west line of Lot 6, a distance of 136.87 feet to the point of beginning. Parcel 4: Part of Lot 1, Block 2, Davis Moore 12th Addition to Wichita, Sedgwick County, Kansas described as: Beginning at the northeast corner of said Lot 1; thence bearing S 00 degrees 00'00" E along the east line, a distance of 125.92 feet; thence bearing S 65 degrees 57'30" W parallel with and 115 feet south of the north line of Lot 1, a distance of 75.55 feet; thence bearing S 82 degrees 39'27" W, a distance of 52.20 feet; thence bearing N 42 degrees 19'29" W a distance of 53.19 feet to a point on a non-tangent curve to the left having a radius of 377.00 feet and a chord bearing of N 01 degrees 49'19" E; thence along said curve, on the west line of said Lot 1; through a central angle of 03 degrees 32'33", an arc distance of 23.31 feet; thence bearing N 00 degrees 00'00'' E along the west line of said Lot 1, a distance of 31.22 feet to the northwest corner of said Lot 1; thence bearing N 65 degrees 57'30" E along the north line of said Lot 1, a distance of 170.67 feet to the point of beginning. Generally located north of Kellogg between Byron Road and Seville Avenue. SUBJECT TO THE FOLLOWING PROVISIONS OF PROTECTIVE OVERLAY DISTRICT #167: (1) The development parcel contains 5.22 net acres, more or less. (2) Restricted uses: group residence, correctional placement residence (limited and general), group home (limited, general, and commercial), communication tower (commercial), kennel (boarding/breeding/training, and hobby), night club, riding academy or stable, tattooing and body piercing facility, tavern and drinking establishment, outdoor vehicle repair, asphalt and concrete plant, gas and fuel storage, rock crushing, and solid waste incinerator. (3) The transfer of title on all or any portion of the land included in the development does not constitute a termination of the overlay or any portion thereof; but said overlay shall run with the land for development and be binding upon the present land owners, their successor and assigns and their lessees unless amended. However, the Planning Direct, with concurrence of the Superintendent of Central Inspection, may approve minor adjustments to the conditions of the overlay, consistent with the approved development plan, without filing a formal ordinance amendment. (4) Landscape and Parking Lot Screening - Shall be in accordance with the City of Wichita Landscape Ordinance, including but not limited to a landscaped street yard and parking lot landscaping and screening along Kellogg Drive, Seville Avenue and Dubon Avenue. Additionally, the rate of plant materials on Dubon Avenue shall be calculated at a rate of one shade tree required per 40 feet of lineal frontage along Dubon, with this requirement being met by a minimum of at least one-third evergreen plant material; two ornamental trees or ten shrubs shall be equivalent to one shade tree and may be substituted for shade trees except that no more than one-third of the total requirement may be met by shrubbery plant material. A landscape plan, prepared by a Landscape Architect licensed in the State of Kansas, indicating the location, type, and specification of plant material shall be submitted to the planning department for its review and approval prior to the issuance of any building permit(s). The site shall be screened along Dubon Avenue by way of building walls and solid screening walls. Building walls seen from ground level along Dubon Avenue shall not have visible windows, doors, or utility meters or boxes, but shall give the appearance of solid masonry screening wall of the same material, texture and color as the buildings walls and be connected to the buildings walls. The screening walls shall be a minimum of 8' in height and set back at least 20' from the right-of-way. Landscaping will be required along Dubon Avenue and shall be in accordance with the City of Wichita Landscape Ordinance, except that Dubon Avenue right-of-way may be used for meeting the landscaping requirements; any improvements in the right-of-way shall require review by Public Works, and may require a minor street privilege. (5) Minimum Setback Requirements: front setback - 20 feet; side setback - 0 feet; rear setback - 0 feet for building; 20 feet for screening wall. (6) All signs shall be per Wichita Sign Code for property zoned "LC". No portable or off-site signs allowed. No signs shall be allowed on the north side of the buildings, facing Dubon Avenue, nor on the west façade facing Seville Avenue except within the southernmost 20 feet of the façade. (7) Parking - Shall be in accordance wit the Wichita-Sedgwick County Unified Zoning Code ("UZC"). (8) Architectural Control - All buildings shall have the same predominate exterior building materials with consistent architectural character, color and texture, and consistent lighting design (fixtures, poles, lamps, etc.) as approved by the Planning Director. There shall be no predominately metal façades on any buildings. Light standards shall be a maximum height of 25 feet and consistent in pole and fixture throughout the development. No freestanding light standards shall be allowed on Dubon Avenue; building wall lighting shall be limited to 15 feet in height and shall have directional shielding to prevent light spillage onto residential zoning districts. (9) An owners association agreement providing for the maintenance of reserves, open spaces, internal devices, parking areas, drainage areas, etc. shall be filed by the time the plat is filed of record. (10) All drainage ways and easements shall be determined at the time of platting. (11) Loading areas, trash receptacles, outdoor storage, and docks shall be screened from ground level view. Mechanical equipment on top of buildings shall be screened to the height of the unit. Screening of all trash dumpsters and mechanical equipment will be constructed to match the buildings they support and no trash dumpsters shall be allowed along Dubon. Outdoor storage shall be screened such that no stored material protrudes above the top of the screening. In those cases where these requirements are more stringent than the UZC, it shall be deemed that these requirements shall govern. (12) The development of this property shall proceed in accordance with the development plan as recommended for approval by the Metropolitan Area Planning Commission and approved by the Governing Body, and any substantial deviation of the plan, as determined by the Zoning Administrator and the Planning Director, shall constitute a violation of the building permit authorizing construction of the proposed development. (13) Outdoor speakers and sound amplification systems shall not be permitted on the site. (14) Maximum height - 35 feet; maximum building coverage - 30 percent; maximum gross floor area - 35 percent. SECTION 2. That upon the taking effect of this ordinance, the above zoning changes shall be entered and shown on the "Official Zoning Map" previously adopted by reference, and said official zoning map is hereby reincorporated as a part of the Wichita -Sedgwick County Unified Zoning Code as amended. SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper. ADOPTED AT WICHITA, KANSAS, ___________________________ ______________________________ Carlos Mayans - Mayor ATTEST: ______________________________ Karen Sublett, City Clerk (SEAL) Approved as to form: ______________________________ Gary E. Rebenstorf, City Attorney Agenda Item No. 36. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0254 TO: Mayor and City Council SUBJECT: ZON2005-00056 - Zone change from "SF-5" Single-family Residential to "LI" Limited Industrial. Generally north of MacArthur Road and east of Gold Street. (District IV) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) MAPC Recommendations: Approve, subject to platting within one year (12-0). MAPD Staff Recommendations: Approve, subject to platting within one year. DAB Recommendations: Not applicable. Background: The applicant requests a zone change from "SF-5" Single-Family Residential to "LI" Limited Industrial on a 6.4-acre unplatted tract located north of MacArthur Road and on the east side of Gold Street. The subject property is currently undeveloped. The applicant proposes to develop the property with an expansion of their adjacent trucking company, located to the north of the subject property. The surrounding area is characterized by a mix of residential, commercial and industrial uses. The applicant's existing trucking business is immediately north of the subject property and is zoned "LI" Limited Industrial. Across Gold, several single-family residences zoned "SF-5" front on MacArthur. Immediately north of those residences is a large manufactured home park zoned "MH" Manufactured Housing. Further north on Gold, immediately north of the existing trucking business, is another single-family residence zoned "SF-5". The properties to the south, across MacArthur, are zoned "GC" General Commercial and developed with warehouse, self-service, a car wash and a few single-family residences. Immediately east of the subject property is I-235. A large cement operation is located east of I-235. Analysis: At the MAPC meeting held January 19, 2006, MAPC voted (12-0) to approve the zone change as requested. No citizens were present to speak on this item, and no protests have been received. Financial Considerations: None. Legal Considerations: The ordinance has been reviewed and approved as to form by the Law Department. Recommendation/Actions: 1. Adopt the findings of the MAPC and approve the zone change subject to platting within one year; instruct the Planning Department to forward the ordinance for first reading when the plat is forwarded to City Council; or 2. Return the application to the MAPC for reconsideration. (An override of the Planning Commission's recommendation requires a two-thirds majority vote of the City Council on the first hearing.) OCA15004 BID 37529-009 CID #76383 Published in The Wichita Eagle on ______________ORDINANCE NO. ___________ AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OR DISTRICTS OF CERTAIN LANDS LOCATED IN THE CITY OF WICHITA, KANSAS, UNDER THE AUTHORITY GRANTED BY THE WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE, SECTION V-C, AS ADOPTED BY SECTION 28.04.010, AS AMENDED. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS. SECTION 1. That having received a recommendation from the Planning Commission, and proper notice having been given and hearing held as provided by law and under authority and subject to the provisions of The Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by Section 28.04.010, as amended, the zoning classification or districts of the lands legally described hereby are changed as follows: Case No. ZON2005-00056 Request for Zone change from "SF-5" Single-family Residential to "LI" Limited Industrial, on property described as: The South 540 feet of the West 750 feet of the Southwest Quarter of the Southeast Quarter except CC A-76777 and Except the South 65 feet for road and except the West 100 feet for street, Section 8, Township 28, Range, 1 East. Generally located north of MacArthur Road and east of Gold Street. SECTION 2. That upon the taking effect of this ordinance, the above zoning changes shall be entered and shown on the "Official Zoning Map" previously adopted by reference, and said official zoning map is hereby reincorporated as a part of the Wichita -Sedgwick County Unified Zoning Code as amended. SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper. ADOPTED AT WICHITA, KANSAS, ______________________________ Carlos Mayans - Mayor ATTEST: ______________________________ Karen Sublett, City Clerk (SEAL) Approved as to form: ______________________________ Gary E. Rebenstorf, City Attorney Agenda Item 37. City of Wichita City Council Meeting March 7, 2006 Agenda Report 06-0255 TO: Mayor and City Council Members SUBJECT: SUB 2006-03 -- Plat of Willowbend 9th Addition, Located East of Rock Road and North of 37th Street North. (District II) INITIATED BY: Metropolitan Area Planning Department AGENDA ACTION: Planning (Consent) ______________________________________________________________________________ Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (11-0) Background: This site, consisting of two lots on .52 acres, is a replat of a portion of Reserve A in the Willowbend First Addition. This site is zoned LC, Limited Commercial District. Analysis: Water services are available to serve the site. A Restrictive Covenant was submitted to provide for the ownership and maintenance of the storm drain and also addressing the obstruction of surface drainage. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Financial Considerations: None. Legal Considerations: The Restrictive Covenant will be recorded with the Register of Deeds. Recommendations/Actions: It is recommended that the City Council approve the documents and plat and authorize the necessary signatures. Agenda Item No. 38. City of Wichita City Council Meeting March 7, 2006 Agenda Report No. 06-0256 TO: Mayor and City Council Members SUBJECT: SUB 2004--127 -- Plat of Mayfield First Addition, Located West of West Street and South of Harry. (District IV) INITIATED BY: Metropolitan Area Planning Department AGENDA ACTION: Planning (Consent) ______________________________________________________________________________ Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (13-0) Background: This site, consisting of one lot on 20.3 acres, is located within Wichita's city limits. Analysis: Petitions, 100 percent, a Certificate of Petition have been submitted for paving improvements. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within 30 days. Legal Considerations: The Certificate of Petitions will be recorded with the Register of Deeds. Recommendations/Actions: It is recommended that the City Council approve the document and plat, authorize the necessary signatures and adopt the Resolutions. 1