REVISION: -ITEM 13 PULLED PER FINANCE DEPT. -ITEM 28, RECOMMENDED ACTION REVISED NOVEMBER 07, 2006 AGENDA REPORTS Agenda Item No. 5a. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1078 TO: Mayor and City Council Members SUBJECT: Petitions to construct Paving, Sanitary Sewer and Water Improvements in Brentwood South Addition (north of Pawnee, east of Webb) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Petitions. Background: The Petitions have been signed by one owner representing 100% of the improvement districts. Analysis: The projects will provide paving, sanitary sewer and water improvements within a residential development located north of Pawnee, east of Webb. Financial Considerations: The Petitions total $720,000. The funding source is special assessments, except for a sewer main, which includes Sanitary Sewer Utility funding in the amount of $129,500. Goal Impact: These projects address the Efficient Infrastructure goal by providing for the construction of paving, sanitary sewer and water improvements in a new subdivision. Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or by owners of the majority of property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the Petitions, adopt the Resolutions and authorize the necessary signatures. Attachments: Map, CIP Sheet, Resolutions and Petitions. Agenda Item No. 5b. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1079 TO: Mayor and City Council Members SUBJECT: Petitions to construct Paving and Water Improvements in Fox Ridge Addition (north of 29th St. North, east of Maize) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Petitions. Background: The Petitions have been signed by one owner representing 100% of the improvement districts. Analysis: The projects will provide paving and water improvements within a residential development located north of 29th St. North, east of Maize. Financial Considerations: The Petitions total $322,000. The funding source is special assessments. Goal Impact: These projects address the Efficient Infrastructure goal by providing for the construction of paving and water improvements in a new subdivision. Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or by owners of the majority of property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the Petitions, adopt the Resolutions and authorize the necessary signatures. Attachments: Map, CIP Sheet, Resolutions and Petitions. Agenda Item No. 5c. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1080 TO: Mayor and City Council Members SUBJECT: Petition to pave south 100' of the north-south alley between Ida and Laura, north of Pawnee (District III) INITIATED BY: Department of Public Works AGENDA: Consent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Recommendation: Approve the Petition. Background: The Petition has been signed by one owner representing 100% of the improvement district. Analysis: The project will provide paved access to a church parking lot. Financial Considerations: The Petition totals $20,000. The funding source is special assessments. Goal Impact: The project addressed the Efficient Infrastructure goal by providing paved access to a private parking lot. 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. Recommendations/Actions: It is recommended that the City Council approve the Petition, adopted the Resolution and authorize the necessary signatures. Attachments: Map, CIP Sheet, Petition and Resolution. Agenda Item No. 5d. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1081 TO: Mayor and City Council Members SUBJECT: Petition to construct a Sanitary Sewer in Woodland Heights 2nd Addition (north of 2nd, east of Ridge) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the new Petition. Background: On March 22, 2005, the City Council approved a Petition to construct a sanitary sewer in Woodland Heights 2nd Addition. The developer has submitted a new Petition that expands the improvement district to include additional property that can be served by the sewer. The signatures on the new Petition represent 100% of the improvement district. Analysis: The project will serve a new commercial development located north of 2nd, east of Ridge. Financial Considerations: The project budget is increased from $35,616 to $45,548. The funding source is special assessments. Goal Impact: This project addresses the Efficient Infrastructure goal by providing sanitary sewer service required for new development. Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or owners of the majority of property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the new Petition, adopt the Resolution and authorize the necessary signatures. Attachments: Map, CIP Sheet, Petition and Resolution. Agenda Item No. 5e. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1082 TO: Mayor and City Council Members SUBJECT: Petition to construct a Sanitary Sewer Lift Station for Clifton Cove Addition (south of 63rd St. South, west of Clifton) (District III) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the new Petition. Background: On November 15, 2005, the City Council approved a Petition to construct a Sanitary Sewer lift station for Clifton Cove Addition. An attempt to award a construction contract within the budget set by the Petition was not successful. The developer has submitted a new Petition with an increased budget. The signature on the new Petition represents 100% of the improvement district. Analysis: The project will serve a new residential development located south of 63rd St. South, west of Clifton. Financial Considerations: The existing Petition totals $353,000 with the $88,250 assessed to the improvement district and $264,750 paid by the Sewer Utility. The new Petition totals $575,000 with $143,750 assessed to the improvement district and $431,250 paid by the Sewer Utility. The Utility share is for the cost of over sizing the lift station to serve future development outside the improvement district. Goal Impact: This project will address the Efficient Infrastructure goal by providing sanitary sewer service to a new residential development. 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. Recommendations/Actions: It is recommended that the City Council approve the new Petition, adopt the Resolution and authorize the necessary signatures. Attachments: Map, CIP Sheet, Petition and Resolution Agenda Item No. 7a. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1083 TO: Mayor and City Council SUBJECT: Community Events INITIATED BY: Division of Arts & Cultural Services AGENDA: Consent ______________________________________________________________________________ Recommendation: Approve the request for street closures. Background: In accordance with the Community Events Procedure, the event promoter Clark Ensz of Run Wichita is coordinating with City of Wichita Staff, subject to final approval by the City Council. Analysis: The following street closure request has been submitted: 19th Annual Arthritis Foundation Jingle Bell Run/Walk December 2, 2006 6:00 am - 1:00 pm § McLean Blvd., Maple Avenue to Douglas Avenue § McLean Blvd., Douglas to Seneca § Seneca Street, McLean to Central - north bound, curb side lane. Please see attached map. Client will arrange to remove blockades as necessary to allow emergency vehicle access during entire designated time period. Blockades will be removed immediately upon completion of the event. Financial Consideration: Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Goal Impact: Enhance the Quality of Life Legal Consideration: None Recommendation/Actions: It is recommended that the City Council approve the request subject to: (1) Hiring off-duty certified law enforcement officers as required; (2) Obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Department. (3) Certificate of Liability Insurance on file with the Community Events Coordinator. Agenda Item No. 7b. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1084 TO: Mayor and City Council SUBJECT: Community Events INITIATED BY: Division of Arts & Cultural Services AGENDA: Consent ______________________________________________________________________________ Recommendation: Approve the request for street closures. Background: In accordance with the Community Events Procedure, the event promoter Jim Schefdore, Executive Director of the Robert D. Love Central Branch YMCA is coordinating with City of Wichita Staff, subject to final approval by the City Council. Analysis: The following street closure request has been submitted: YMCA's Third Annual Frosty 5K Fun Run Monday, January 1, 2007 10:00 am - 3:00 pm § 3rd Street, Market to Waco § 2nd Street at Waco § 1st Street at Waco Please see attached map. Client will arrange to remove blockades as necessary to allow emergency vehicle access during entire designated time period. Blockades will be removed immediately upon completion of the event. Financial Consideration: Inasmuch as possible, event sponsors are responsible for all costs associated with special events. Goal Impact: Enhance the Quality of Life Legal Consideration: None Recommendation/Actions: It is recommended that the City Council approve the request subject to: (1) Hiring off-duty certified law enforcement officers as required; (2) Obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Department. (3) Certificate of Liability Insurance on file with the Community Events Coordinator. Agenda Item No. 9a. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1085 TO: Mayor and City Council SUBJECT: City of Wichita Employees' Deferred Compensation Plan Consulting Services Agreement INITIATED BY: Department of Finance AGENDA: Consent Recommendation: Approve the Agreement. Background: The City of Wichita's contract with Great-West to administer the City of Wichita Employees' Deferred Compensation Plan expired on September 30, 2006. The Plan currently has 1,533 Plan Participants with total Plan assets of $43.3 million. The City Council, at its October 3, 2006 meeting, approved a one-year contract extension with Great-West to provide sufficient time to complete a Request for Proposal process, select a provider and negotiate a new contract. On April 25, 2006, Sedgwick County released a Request for Proposal for 457 Deferred Compensation Plan consulting services. City staff met with Sedgwick County on August 1, 2006 to review their evaluation process, scope of services contained in their RFP, and the final proposal that was selected. Sedgwick County, based on the firm's proposal and the evaluation criteria contain in the RFP, unanimously selected Arnerich Massena & Associates, Inc. as their consultant and signed a contract with the firm, effective August 22, 2006. Analysis: The Deferred Compensation Board requests that the City of Wichita join with Sedgwick County, Kansas under an Intergovernmental Cooperative Agreement, as allowed under City Ordinance No. 38-122, Section 2-64-020 (j), to hire Arnerich Massena & Associates, Inc. for consulting services. Services related to this project are: 1) review of the current plan structure, services and investments; 2) preparation of a Request for Proposal; 3) assistance with the evaluation of all responses; and 4) assistance in the transition to a new provider, if necessary. The expected timeframe for completion of this project is nine months. The Deferred Compensation Board, at its August 10, 2006 meeting, unanimously approved hiring Arnerich Massena & Associates Inc. for consultant services related to the Request for Proposal process. Financial Considerations: The cost for these consulting services is $50,000. All costs associated with the administration of the program are borne by the participants of the program. Goal Impact: The City of Wichita, by offering this supplemental retirement savings program, impacts the Internal Perspective goal by increasing employee motivation and satisfaction. Also, the City's practice of going through a periodic Request for Proposal process is done to reduce/avoid costs which is another indicator of the Internal Perspective goal. Legal Considerations: The Law Department has approved the Agreement as to form. Recommendations/Actions: It is recommended that the City Council approve the Agreement and authorize the Mayor to sign. Attachments: 1) Services Agreement with Arnerich Massena & Associates, Inc. for plan consulting services. 2) Services Agreement between Sedgwick County, Kansas and Arnerich Massena & Associates, Inc. Agenda Item No. 9b. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1086 TO: Mayor and City Council Members SUBJECT: 2006 Waterline Replacement Design Contracts (Districts I, II, III & IV) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the design contracts. Background: The 2006 Capital Improvement Program includes funding for waterline design projects. The Staff Screening and Selection Committee have selected design engineers for each project. Analysis: The projects to be designed, the design engineer, and the design fees are: Andersons First area Waterline Replacement (south of McLean Blvd., west of Dodge Street) K.E. Miller Engineering, P.A. $39,800 Eastborough South area Waterline Replacement (east of Woodlawn, north of Kellogg) MKEC Engineering Consultants, Inc. $58,865 Logan area Waterline Replacement (west of Hillside, south of 17th Street) Ruggles & Bohm, P.A. $70,380 McCormicks area Waterline Replacement (north of K-42, west of McLean Blvd.) Young & Associates, P.A. $40,800 Schrader area Waterline Replacement (north of Pawnee, west of George Washington Blvd.) Ruggles & Bohm, P.A. $40,500 3rd Street, Central Rail Corridor to I-135 - Waterline Replacement MKEC Engineering Consultants, Inc. $31,455 Financial Considerations: Water Utility funds the waterline projects. Goal Impact: These projects address the Efficient Infrastructure goal by replacing water mains where age and condition warrant. Legal Considerations: The Agreements have been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreements and authorize the necessary signatures. Attachments: Six design contracts. AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS and MKEC ENGINEERING CONSULTANTS, INC for 3RD STREET, CENTRAL RAIL CORRIDOR TO I-135 THIS AGREEMENT, made this ________________ day of _____________________________________, 2006, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and MKEC ENGINEERING CONSULTANTS, INC., party of the second part, hereinafter called the "ENGINEER". WITNESSETH: That WHEREAS, the CITY intends to construct; 3RD STREET FROM THE CENTRAL RAIL CORRIDOR TO I-135 - WATER MAIN REPLACEMENT (Project No. 448 90217) NOW, THEREFORE, the parties hereto do mutually agree as follows: SCOPE OF SERVICES The ENGINEER shall furnish professional services as required for designing a water main replacement in 3rd Street and to perform the PROJECT tasks outlined in Exhibit A. II. IN ADDITION, THE ENGINEER AGREES A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A). B. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES. C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement. D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY. F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work. H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER. I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. III. THE CITY AGREES: A. To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER. B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion. IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum payment plus partials made on the basis of the lump sum fee amount of $31,455.00 During the progress of work covered by this agreement, partial payments may be made to the ENGINEER at intervals of one calendar month. The progress billings shall be supported by documentation acceptable to the City Engineer which shall include a project bar chart or other suitable progress chart indicating progress on the PROJECT and a record of the time period to complete the work, the time period elapsed, and the time period that remains to complete the work. Billings submitted during the progress of the work will be paid on the basis of satisfactory completion of major project tasks. The major tasks and accumulated partial payment amounts are listed below: Accumulated partial payments shall not exceed $15,727.50 (fifty percent of the maximum fee payment amount) until field check plans have been received and approved by the City Engineer for distribution to utility companies. Accumulated partial payments shall not exceed $22,018.50 (seventy percent of the maximum fee payment amount) until office check plans have been received and approved by the City Engineer for distribution to utility companies. Accumulated partial payments shall not exceed $25,164.00 (eighty percent of the maximum fee payment amount) until final utility plans allowing for utility relocations or adjustments for the PROJECT have been received and approved by the City Engineer for distribution to the utilities. Accumulated partial payments for the PROJECT shall be based on milestones in Exhibit A and shall not exceed eighty-five percent (85%) of the total fees for services prior to satisfactory completion of all work required by this agreement B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefor. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. CITY OF WICHITA ___________________________________________ Carlos Mayans, Mayor SEAL: ATTEST: ____________________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ____________________________________________ Gary Rebenstorf, Director of Law MKEC ENGINEERING CONSULTANTS, INC. ___________________________________________ (Name & Title) ATTEST: _________________________________ EXHIBIT "A" SCOPE OF SERVICES 3RD STREET FROM THE CENTRAL RAIL CORRIDOR TO I-135 - WATER MAIN REPLACMENT (Project No. 448-90217) The ENGINEER shall design a water main replacement for the following street: a 24-inch water main in 3rd Street from the Central Rail Corridor to I-135. The existing 16" and 20" water lines along the alignment are to be abandoned per City of Wichita standard specifications. Existing water lines in the side streets shall be connected to the new 24" water line as directed by City staff. The total length of the water main replacement is approximately 4,280 feet. The design shall include the following: water main replacement items, installation of additional fire hydrants and valves to allow for adequate flushing of the new water mains, fire protection for the area, abandonment requirements for the existing water system, water service replacement items, water service tables, and any other items necessary to allow the construction, clearing, and testing, of the water main replacement project. The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" Mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Drainage Study. Conduct a detailed study to explore alternative design concepts concerning drainage for the PROJECT. Present the findings in writing identifying recommendations to the CITY, including preliminary cost estimates, prior to development of final check plans. Such written findings and recommendations must be in a format which is self explanatory and readily understood by persons with average backgrounds for the technology involved. 5. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT'S plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 6. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the setting monuments of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 7. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 8. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 9. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 10. All shop drawings submitted by the contractor for the PROJECT shall be reviewed and, when acceptable, approved for construction by the ENGINEER for the PROJECT. 11. The ENGINEER shall meet with effected property owners, along with City staff, at a pre-construction Public Information Meeting, as arranged by the City, to explain project design, including such issues as construction phasing and traffic control. 12. The Engineer shall complete permanent monumentation of all new R/W, complete and submit all necessary legal documentation for same. 13. Project Milestones. The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY within the time allotted for the PROJECT as stipulated below and generally in accordance with the project bar chart attached to Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER. (a) Completion of all work required by this agreement (including submittal of final approved plan tracings, field notes, and related PROJECT documents March 2007. (b) Agenda Item No. 9c. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1087 TO: Mayor and City Council SUBJECT: Beverage Services Contract (All Districts) INITIATED BY: Department of Park and Recreation AGENDA: Consent Recommendation: Approve the contract. Background: The City operates concession services at all five municipal golf courses. It is projected that the non-alcoholic beverage sales will exceed $110,000.00 at these facilities in 2006 and future years. To provide high quality product, consistent pricing, and excellent customer service the Department of Park and Recreation seeks to establish an agreement with a reputable vendor to provide product and delivery service of carbonated and non-carbonated soft drinks. Analysis: A request for proposal (FP600055) was issued to secure a qualified vendor to provide beverage services. Based upon experience, qualifications, response to scope of services, pricing, and sponsorship support, Pepsi Bottling Group is recommended to provide these services. Financial Considerations: The Pepsi Bottling Bottling Group will remit to the City sponsorship support in the amount of $22,500 in year one and $17,500 in successive years in exchange for exclusive beverage services rights at City golf courses. The company has also agreed to donate product valued at $2,500 over the five year term. Additionally, Pepsi Bottling Group will loan fountain units, vending machines, coolers and related equipment for utilization at the golf courses worth $25,000. Goal Impact: Enhance the Quality of Life- Municipal Golf Courses play an important role in provding recreational activities for all Districts. High quality concession services help golf courses provide excellent customer service. Legal Considerations: The Law Department has approved the contract as to form. Recommendation/Action: It is recommended that the City Council approve the agreement and authorize the necessary signatures. Attachment: Contract agreement. Agenda Item No.10a. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1088 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Bellechase Addition (east of 127th Street East, north of Harry) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the water, sanitary sewer, drainage and paving improvements in Bellechase Addition on September 26, 2006. Analysis: The proposed Agreement between the City and Ruggles & Bohm, P.A. (R&B) provides for the design of bond financed improvements consisting of water, sanitary sewer, drainage and paving in Bellechase Addition. Per Administrative Regulation 1.10, staff recommends that R&B be hired for this work, as this firm provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation. Financial Considerations: Payment to R&B will be on a lump sum basis of $63,150 and will be paid by special assessments. Goal Impact: This Agreement addresses the Efficient Infrastructure goal by providing the engineering design services needed for the construction of paving improvements in a new subdivision. It also addresses the Economic Vitality and Affordable Living goal by providing public improvements in new developments that are vital to Wichita's continued economic growth. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. Attachments: Agreement AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS and RUGGLES & BOHM, P.A. for BELLECHASE ADDITION THIS AGREEMENT, made this ________________ day of _____________________________________, 2006, by and 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: That WHEREAS, the CITY intends to construct; WATER DISTRIBUTION SYSTEM NO. 448 90205 serving Lots 1 through 16, Block 1; Lots 1 through 9, Block 2; Lots 1 through 9, Block 3; Lots 1 and 2, Block 4, Bellechase Addition (east of 127th Street East, north of Harry) (Project No. 448 90205). LATERAL 398, FOUR MILE CREEK SEWER serving Lots 1 through 16, Block 1; Lots 1 through 9, Block 2; Lots 1 through 9, Block 3; Lots 1 and 2, Block 4; and Unplatted Tract, Bellechase Addition (east of 127th Street East, north of Harry) (Project No. 468 84203). STORM WATER DRAIN NO. 297 serving Lots 1 through 16, Block 1; Lots 1 through 9, Block 2; Lots 1 through 9, Block 3; Lots 1 and 2, Block 4; and Unplatted Tract, Bellechase Addition (east of 127th Street East, north of Harry) (Project No. 468 84204). BELLECHASE from the east line of 127th Street East to the east line of Bellechase Addition; SPRING VALLEY from the east line of 127th Street East to the east line of Bellechase Addition; HORSEBACK from the north line of Bellechase to the south line of Spring Valley; HORSEBACK COURT from the west line of Horseback; HORSEBACK COURT from the east line of Horseback; HORSEBACK CIRCLE from the north line of Spring Valley; BELLECHASE COURT from the north line of Bellechase (east of 127th Street East, north of Harry) (Project No. 472 84426) NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES The ENGINEER shall furnish professional services as required for designing improvements in Bellechase Addition and to perform the PROJECT tasks outlined in Exhibit A. II. IN ADDITION, THE ENGINEER AGREES A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A). B. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES. C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement. D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY. F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work. H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER. I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. III. THE CITY AGREES: A. To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER. B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion. IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below: Project No. 448 90205 $ 7,200.00 Project No. 468 84203 $ 16,800.00 Project No. 468 84204 $ 13,950.00 Project No. 472 84426 $ 25,200.00 TOTAL $63,150.00 B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefor. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL ___________________________________________ Carlos Mayans, Mayor SEAL: ATTEST: ____________________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ____________________________________________ Gary Rebenstorf, Director of Law RUGGLES & BOHM, P.A. ___________________________________________ (Name & Title) ATTEST: EXHIBIT "A" SCOPE OF SERVICES The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" Mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Drainage Study. Conduct a detailed study to explore alternative design concepts concerning drainage for the PROJECT. Present the findings in writing identifying recommendations to the CITY, including preliminary cost estimates, prior to development of final check plans. Such written findings and recommendations must be in a format which is self explanatory and readily understood by persons with average backgrounds for the technology involved. 5. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT'S plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 6. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the setting monuments of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 7. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 8. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 9. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 10. All shop drawings submitted by the contractor for the PROJECT shall be reviewed and, when acceptable, approved for construction by the ENGINEER for the PROJECT. 11. The ENGINEER shall meet with effected property owners, along with City staff, at a pre-construction Public Information Meeting, as arranged by the City, to explain project design, including such issues as construction phasing and traffic control. 12. The Engineer shall complete permanent monumentation of all new R/W, complete and submit all necessary legal documentation for same. 13. Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below. a. Plan Development for the water improvements by 12/1/06. (Project No. 448 90205). b. Plan Development for the sewer improvements by 12/1/06. (Project No. 468 84203). c. Plan Development for the drainage improvements by 12/1/06. (Project No. 468 89204). d. Plan Development for the paving improvements by 12/1/06. (Project No. 472 84426). Agenda Item No. 10b. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1089 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Rocky Creek Relief Sanitary Sewer (127th Street East, north of 13th Street) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The 2006 Capital Improvement Program includes funding for sewer mains for future development. Analysis: The proposed Agreement between the City and MKEC Engineering Consultants, Inc. (MKEC) provides for the design of a relief sanitary sewer to relieve the existing sanitary sewer along the east side of Rocky Creek Development. The proposed relief sewer will connect to an existing 24" sewer main located in 127th Street East and north of 13th St., then extend approximately 1/2 mile north along 127th to the railroad right-of-way north of 13th, then extend approximately 1/2 mile east to connect to an existing 24" sanitary sewer. The Staff Screening and Selection Committee selected MKEC for the design on September 27, 2006. Financial Considerations: Payment to MKEC will be on a lump sum basis of $32,225 and will be paid by Sewer Utility Operating Revenues. Goal Impact: This Agreement addresses the Efficient Infrastructure goal by providing the engineering design services needed for the construction sanitary sewer improvements in an existing residential area. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. Attachments: Agreement AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS and MKEC ENGINEERING CONSULTANTS, INC for ROCKY CREEK RELIEF SANITARY SEWER THIS AGREEMENT, made this ________________ day of _____________________________________, 2006, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and MKEC ENGINEERING CONSULTANTS, INC., party of the second part, hereinafter called the "ENGINEER". WITNESSETH: That WHEREAS, the CITY intends to construct; ROCKY CREEK RELIEF SANITARY SEWER (Project No. 468 84218) NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES The ENGINEER shall furnish professional services as required for designing a relief sanitary sewer and to perform the PROJECT tasks outlined in Exhibit A. II. IN ADDITION, THE ENGINEER AGREES A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A). B. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES. C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement. D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY. F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work. H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER. I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. III. THE CITY AGREES: A. To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER. B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion. IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum payment plus partials made on the basis of the lump sum fee amount of $32,225.00 During the progress of work covered by this agreement, partial payments may be made to the ENGINEER at intervals of one calendar month. The progress billings shall be supported by documentation acceptable to the City Engineer which shall include a project bar chart or other suitable progress chart indicating progress on the PROJECT and a record of the time period to complete the work, the time period elapsed, and the time period that remains to complete the work. Billings submitted during the progress of the work will be paid on the basis of satisfactory completion of major project tasks. The major tasks and accumulated partial payment amounts are listed below: Accumulated partial payments shall not exceed $16,112.50 (fifty percent of the maximum fee payment amount) until field check plans have been received and approved by the City Engineer for distribution to utility companies. Accumulated partial payments shall not exceed $22,557.50 (seventy percent of the maximum fee payment amount) until office check plans have been received and approved by the City Engineer for distribution to utility companies. Accumulated partial payments shall not exceed $25,780.00 (eighty percent of the maximum fee payment amount) until final utility plans allowing for utility relocations or adjustments for the PROJECT have been received and approved by the City Engineer for distribution to the utilities. Accumulated partial payments for the PROJECT shall be based on milestones in Exhibit A and shall not exceed eighty-five percent (85%) of the total fees for services prior to satisfactory completion of all work required by this agreement B. When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefor. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. CITY OF WICHITA ___________________________________________ Carlos Mayans, Mayor SEAL: ATTEST: ____________________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ____________________________________________ Gary Rebenstorf, Director of Law MKEC ENGINEERING CONSULTANTS, INC. ___________________________________________ (Name & Title) ATTEST: _________________________________ EXHIBIT "A" SCOPE OF SERVICES ROCKY CREEK RELIEF SANITARY SEWER (Project No. 468-84218, OCA #624078) The ENGINEER shall design a relief sanitary sewer to relieve the existing 10-inch sanitary sewer along the east side of Rocky Creek Development. The relief sewer will extend from the existing 24-inch main sanitary sewer located north of the RR R/W and east of 127th Street East; then extend west to 127th E.; then south along the east side of 127th St. East to the sewer being constructed near 13th and 127th. The OCA for design shall be the same as the Crestview Sewer and related projects. The project is needed due to the limited capacity in the 10-inch sewer through Rocky Creek. The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" Mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Drainage Study. Conduct a detailed study to explore alternative design concepts concerning drainage for the PROJECT. Present the findings in writing identifying recommendations to the CITY, including preliminary cost estimates, prior to development of final check plans. Such written findings and recommendations must be in a format which is self explanatory and readily understood by persons with average backgrounds for the technology involved. 5. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT'S plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 6. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the setting monuments of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 7. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 8. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 9. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 10. All shop drawings submitted by the contractor for the PROJECT shall be reviewed and, when acceptable, approved for construction by the ENGINEER for the PROJECT. 11. The ENGINEER shall meet with effected property owners, along with City staff, at a pre-construction Public Information Meeting, as arranged by the City, to explain project design, including such issues as construction phasing and traffic control. 12. The Engineer shall complete permanent monumentation of all new R/W, complete and submit all necessary legal documentation for same. 13. Project Milestones. The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY within the time allotted for the PROJECT as stipulated below and generally in accordance with the project bar chart attached to Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER. (a) Completion of all work required by this agreement (including submittal of final approved plan tracings, field notes, and related PROJECT documents February 2007. Agenda Item No. 10c. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1090 TO: Mayor and City Council Members SUBJECT: Agreement for Design Services for Turkey Creek 2nd Addition (north of Pawnee, west of 119th Street West) (District IV) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Agreement. Background: The City Council approved the water, sanitary sewer and paving improvements in Turkey Creek 2nd Addition on March 1, 2005. Analysis: The proposed Agreement between the City and Baughman Company, P.A. provides for the design of bond financed improvements consisting of water, sanitary sewer and paving in Turkey Creek 2nd Addition. Per Administrative Regulation 1.10, staff recommends that Baughman be hired for this work, as this firm provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation. Financial Considerations: Payment to Baughman will be on a lump sum basis of $55,500 and will be paid by special assessments. Goal Impact: This Agreement addresses the Efficient Infrastructure goal by providing the engineering design services needed for the construction of paving improvements in a new subdivision. It also addresses the Economic Vitality and Affordable Living goal by providing public improvements in new developments that are vital to Wichita's continued economic growth. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. Attachments: Agreement AGREEMENT for PROFESSIONAL SERVICES between THE CITY OF WICHITA, KANSAS and BAUGHMAN COMPANY, P.A. for TURKEY CREEK 2ND ADDITION THIS AGREEMENT, made this ________________ day of _____________________________________, 2006, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and BAUGHMAN COMPANY, P.A., party of the second part, hereinafter called the "ENGINEER". WITNESSETH: That WHEREAS, the CITY intends to construct; WATER DISTRIBUTION SYSTEM NO. 448 89963 serving Lots 17 through 28, Block A; Lots 43 through 57, Block B; Lots 1 through 26, Block C; Lots 12 through 21, Block D, Turkey Creek 2nd Addition (north of Pawnee, west of 119th Street West) (Project No. 468 89963). LATERAL 3, MAIN 6, COWSKIN INTERCEPTOR SEWER serving Lots 17 through 28, Block A; Lots 43 through 57, Block B; Lots 1 through 26, Block C, Turkey Creek 2nd Addition (north of Pawnee, west of 119th Street West) (Project No. 468 83820). UPLAND HILLS from the south line of Lot 11, Block D, south to the south line of the plat, ROGERS LANE from the west line of Lot 16, Block A, south to the west line of Upland Hills, HASKELL from the east line of Upland Hills, east to the west line of Rogers Lane (north of Pawnee, west of 119th Street West) (Project No. 472 84030). NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES The ENGINEER shall furnish professional services as required for designing improvements in Turkey Creek 2nd Addition and to perform the PROJECT tasks outlined in Exhibit A. II. IN ADDITION, THE ENGINEER AGREES A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A). B. To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES. C. To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement. D. To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract. E. To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY. F. To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein. G. To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work. H. To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER. I. Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement. ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. J. ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00. In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law. The liability limit shall be not less than: Workman's Compensation - Statutory Employer's Liability - $500,000 each occurrence. Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement. The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement. In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled. K. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement. The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager. Written notification shall be provided to the CITY for any changes exceeding one week in length of time. III. THE CITY AGREES: A. To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER. Confidential materials so furnished will be kept confidential by the ENGINEER. B. To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A. C. To pay the ENGINEER for his services in accordance with the requirements of this agreement. D. To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections. E. To designate a Project Manager for the coordination of the work that this agreement requires to be performed. The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement. The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager. Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time. F. To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion. IV. PAYMENT PROVISIONS A. Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below: Project No. 468 89963 $ 9,200.00 Project No. 468 83820 $ 15,200.00 Project No. 472 84030 $ 31,100.00 TOTAL $ 55,500.00 When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: 1. Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT. 2. Additional design services not covered by the scope of this agreement. 3. Construction staking, material testing, inspection and administration related to the PROJECT. 4. A major change in the scope of services for the PROJECT. If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions. No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties. V. THE PARTIES HERETO MUTUALLY AGREE: A. That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work. B. That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY. Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT. C. That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY. D. In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefor. E. It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns. F. Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. G. The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law. H. It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above. BY ACTION OF THE CITY COUNCIL ______________________________________ Carlos Mayans, Mayor SEAL: ATTEST: ____________________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: ___________________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. ___________________________________________ (Name & Title) ATTEST: ____________________________________________ EXHIBIT "A" SCOPE OF SERVICES The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita. Engineering plans shall be prepared in ink on standard 22" x 36" Mylar sheets. In connection with the services to be provided, the ENGINEER shall: A. PHASE I - PLAN DEVELOPMENT When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY. 1. Field Surveys. Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design. Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT. Utility information shall be clearly noted and identified on the plans. 2. Soils and Foundation Investigations. The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT. However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita. The Testing Laboratory shall be responsible for the accuracy and competence of their work. The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work. The cost of soils and boring investigations shall be passed directly to the City of Wichita. 3. Review Preliminary Design Concepts. Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer. 4. Drainage Study. Conduct a detailed study to explore alternative design concepts concerning drainage for the PROJECT. Present the findings in writing identifying recommendations to the CITY, including preliminary cost estimates, prior to development of final check plans. Such written findings and recommendations must be in a format which is self explanatory and readily understood by persons with average backgrounds for the technology involved. 5. Prepare engineering plans, plan quantities and supplemental specifications as required. Engineering plans will include incidental drainage where required and permanent traffic signing. The PROJECT'S plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction." Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer. The files are to be AutoCAD drawing files or DXF/DXB files. Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work. Text fonts other than standard AutoCAD files are to be included with drawing files. In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format. 6. Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements. This shall include the setting monuments of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations. 7. Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility. ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction. Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company. ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design. 8. Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders. 9. All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY. When applicable, this coordinate information will be used by the CITY for construction staking purposes. 10. All shop drawings submitted by the contractor for the PROJECT shall be reviewed and, when acceptable, approved for construction by the ENGINEER for the PROJECT. 11. The ENGINEER shall meet with effected property owners, along with City staff, at a pre-construction Public Information Meeting, as arranged by the City, to explain project design, including such issues as construction phasing and traffic control. 12. The Engineer shall complete permanent monumentation of all new R/W, complete and submit all necessary legal documentation for same. 13. Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below. a. Plan Development for the water improvements by January 15, 2007. (Project No. 448 89963). b. Plan Development for the sanitary improvements by January 15, 2007. (Project No. 468 83820). c. Plan Development for the paving improvements by February 12, 2007. (Project No. 472 84030). Agenda Item No. 11a. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1091 TO: Mayor and City Council Members SUBJECT: Change Order: 17Th St. Storm Water Drain between St. Francis and Santa Fe (District VI) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Change Order. Background: On March 7, 2006, the City Council approved a construction contract with Dondlinger & Sons, Inc. to install a storm water drain at 17th St. through the Central Rail Corridor. After the work began, it was determined that the BNSF Railroad Company has upgraded its design standards for reinforced concrete box structures located beneath its tracks. Analysis: A Change Order has been prepared for the increased cost of the structures and authorization of 60 additional working days. Funding is available within the project budget. Financial Considerations: The total cost of the additional work is $28,900 with the total paid by City General Obligation bonds. The original contract amount is $569,700. This Change Order represents 5.07% of the original contract amount. Goal Impact: This project addresses the Efficient Infrastructure goal by improving drainage within an existing industrial corridor. Legal Considerations: The Law Department has approved the Change Order as to legal form. The Change Order amount is within the 25% of construction contract cost limit set by City Council policy. Recommendation/Action: It is recommended that the City Council approve the Change Order and authorize the necessary signatures. Attachments: Change Order. August 23, 2005 PUBLIC WORKS-ENGINEERING CHANGE ORDER To: Dondlinger & Sons Project: Wichita River Corridor Improv. Proj. and Cable Stayed Pedestrian Bridges over Big and Little Arkansas Rivers Change Order No.: 2 Project No.: 87TE-0176-01/472-82799 Purchase Order No.: 500600 OCA No.: 706556/715691 CHARGE TO OCA No.: 706556 PPN: 405209/242107 Please perform the following extra work at a cost not to exceed $10,565.60 Measured quantities for the 90 auger cast piles at the Keeper Plaza overran by 264.14 feet to achieve adequate penetration in the underlying clay layer for bearing. Add 264.14 lf of auger cast piles at the bid measured quantity price of $40.00 per lf. Measured Quantity Bid Item: Auger Cast Piles 264.14 lf @ $40.00/lf = $10,565.60 Recommended By: Approved: ______________________ ______ ________________________ ______ Stan Breitenbach, P.E. Date Jim Armour, P.E. Date Special Projects Coordinator City Engineer Approved: Approved: ______________________ ______ _______________________ ______ Contractor Date Chris Carrier, P.E. Date Director of Public Works Approved as to Form: By Order of the City Council: _______________________ ______ Gary Rebenstorf Date Carlos Mayans Date Director of Law Mayor Attest:____________________________ Agenda Item No. 11b. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1092 TO: Mayor and City Council Members SUBJECT: Change Order: Jardine (now Opportunity) Drive, north of 21st Street (District I) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Change Order. Background: On January 10, 2006, the City Council approved a construction contract with Kansas Paving, Inc. to improve Jardine (now Opportunity) Drive to access the new Boys & Girls Club/TOP Campus. The project was let before the final design work was completed for the campus buildings. As a result, a number of adjustments to sidewalks, driveways, mass grading, and storm sewer inlets was required. Analysis: A Change Order has been prepared for the additional work. Funding is available within the project budget. Financial Considerations: The total cost of the additional work is $54,182 with the total paid by City General Obligation bonds. The original contract amount is $509,293. This Change Order represents 10.64% of the original contract amount. Goal Impact: This project addresses the Efficient Infrastructure goal by improving access to a new youth education/recreation complex. Legal Considerations: The Law Department has approved the Change Order as to legal form. The Change Order amount is within the 25% of construction contract cost limit set by City Council policy. Recommendation/Action: It is recommended that the City Council approve the Change Order and authorize the necessary signatures. Attachments: Change Order. August 23, 2005 PUBLIC WORKS-ENGINEERING CHANGE ORDER To: Dondlinger & Sons Project: Wichita River Corridor Improv. Proj. and Cable Stayed Pedestrian Bridges over Big and Little Arkansas Rivers Change Order No.: 2 Project No.: 87TE-0176-01/472-82799 Purchase Order No.: 500600 OCA No.: 706556/715691 CHARGE TO OCA No.: 706556 PPN: 405209/242107 Please perform the following extra work at a cost not to exceed $10,565.60 Measured quantities for the 90 auger cast piles at the Keeper Plaza overran by 264.14 feet to achieve adequate penetration in the underlying clay layer for bearing. Add 264.14 lf of auger cast piles at the bid measured quantity price of $40.00 per lf. Measured Quantity Bid Item: Auger Cast Piles 264.14 lf @ $40.00/lf = $10,565.60 Recommended By: Approved: ______________________ ______ ________________________ ______ Stan Breitenbach, P.E. Date Jim Armour, P.E. Date Special Projects Coordinator City Engineer Approved: Approved: ______________________ ______ _______________________ ______ Contractor Date Chris Carrier, P.E. Date Director of Public Works Approved as to Form: By Order of the City Council: _______________________ ______ Gary Rebenstorf Date Carlos Mayans Date Director of Law Mayor Attest:____________________________ Agenda Item No. 11c. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1093 TO: Mayor and City Council Members SUBJECT: Change Order: Central Improvement, between Woodlawn and Rock (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Change Order. Background: On August 15, 2006, the City Council approved a construction contract with LaFarge North America to improve Central, between Woodlawn and Rock. During construction of the project, it was determined that two 20" water valves located on Central at Rock and Armour were unable to operate properly and required replacement. Analysis: A Change Order has been prepared for the additional work. Funding is available within the project budget. Financial Considerations: The total cost of the additional work is $63,146 with the total paid by the Water Utility. The original contract amount is $8,758,525. This Change Order represents 00.72% of the original contract amount. Goal Impact: This project addresses the Efficient Infrastructure goal by improving the traffic capacity and safety along a major transportation corridor. Legal Considerations: The Law Department has approved the Change Order as to legal form. The Change Order amount is within the 25% of construction contract cost limit set by City Council policy. Recommendation/Action: It is recommended that the City Council approve the Change Order and authorize the necessary signatures. Attachments: Change Order. August 23, 2005 PUBLIC WORKS-ENGINEERING CHANGE ORDER To: Dondlinger & Sons Project: Wichita River Corridor Improv. Proj. and Cable Stayed Pedestrian Bridges over Big and Little Arkansas Rivers Change Order No.: 2 Project No.: 87TE-0176-01/472-82799 Purchase Order No.: 500600 OCA No.: 706556/715691 CHARGE TO OCA No.: 706556 PPN: 405209/242107 Please perform the following extra work at a cost not to exceed $10,565.60 Measured quantities for the 90 auger cast piles at the Keeper Plaza overran by 264.14 feet to achieve adequate penetration in the underlying clay layer for bearing. Add 264.14 lf of auger cast piles at the bid measured quantity price of $40.00 per lf. Measured Quantity Bid Item: Auger Cast Piles 264.14 lf @ $40.00/lf = $10,565.60 Recommended By: Approved: ______________________ ______ ________________________ ______ Stan Breitenbach, P.E. Date Jim Armour, P.E. Date Special Projects Coordinator City Engineer Approved: Approved: ______________________ ______ _______________________ ______ Contractor Date Chris Carrier, P.E. Date Director of Public Works Approved as to Form: By Order of the City Council: _______________________ ______ Gary Rebenstorf Date Carlos Mayans Date Director of Law Mayor Attest:____________________________ Agenda Item No. 12. City of Wichita City Council Meeting November 7th, 2006 Agenda Report No. 06-1094 TO: Mayor and City Council SUBJECT: Arkansas River Corridor Access Plan (Districts I, III, IV, V & VI) INITIATED BY: Department of Park and Recreation AGENDA: Consent Recommendation: Approve the vendor contract and KDWP Amendment #2. Background: On April 11, 2006, City Council approved soliciting a RFQ to seek a consultant to develop the Arkansas River Corridor Access Plan. On July 7, 2006 the City received 5 design and planning proposals. The Staff Screening and Selection Committee (SSSC) met on August 4, 2006 and prepared a short list of the firms, which included Landworks Studio and Applied Ecological Services to interview for this project. On August 25th, 2006, the City's SSSC conducted interviews with the firms listed above and selected Applied Ecological Services in association with Patti Banks Associates to provide services required developing the Arkansas River Corridor Access Plan. Partners financially supporting this study were represented in the SSSC. Analysis: The selection of the consultant is an important step for the Arkansas River Corridor Access Plan. Once the selected consultant is under contract, important planning and design functions can begin. The final master plan and report may take six to eight months to complete. Financial Considerations: The total amount of funding for this plan is currently at $80,500. On August 09, 2005, City Council approved $30,000 from the 2006 Park CIP fund. The partners provided the remaining amounts of funding. On September 12, 2006, a City of Wichita MOU w/Kansas Department of Wildlife and Parks Amendment #2 was received to provide an additional amount of $10,000 from KDWP. Once Amendment #2 to the MOU is signed and approved by the City, the total amount set aside for this study will be $90,500. The proposed contract amount with Applied Ecological Services is $89,500. Legal Considerations: The Law Department has approved the contract as to form. Goal Impact: The initiation of this project will greatly enhance the Quality of Life for citizens of Wichita and surrounding communities along the Arkansas River by increasing the recreational opportunities and activities for them to participate in. Recommendation/Action: It is recommended that the City Council 1) approve the contract 2) approve Amendment #2 to MOU with KDWP for additional funding and 3) authorize all necessary signatures. Attachments: · Applied Ecological Services, Inc. Contract. · City of Wichita MOU w/Kansas Department of Wildlife and Parks (KDWP) Addendum #2. Agenda Item No. 13. This Item was pulled from the Agenda Agenda Item No. 14. CITY OF WICHITA City Council Meeting November 7, 2006 Agenda Report No. 06-1096 TO: Mayor and City Council Members SUBJECT: Payment for Settlement of Lawsuit INITIATED BY: Law Department AGENDA: Consent ______________________________________________________________________________ Recommendation: Authorize payment of $40,000.00 as a full settlement of this lawsuit, plus $357.50 as the shared expense of a mediator. Background: In March of 2001, testers from outside the community challenged several aspects of the services provided by Wichita Transit, alleging that they violated provisions of the ADA. Many of the features challenged had been implimented based on the imput from the local users. The facts of the occurrance and the ultimate significance of the injuries were contested. Essentially all of the issues raised have now been addressed by programmed changes in WT operations, including the new ADA accessible bus fleet. Analysis: This matter was litigated on limited procedural issues through the federal court of appeals. Before being tried on the merits, the court ordered the parties to engage in mediation. After analysis and negotiation, through the use of and with the benefit of the independent evaluation of a mediator, the City mediation team reached an agreement with the opposing party as to the contingent value of the case, and recommends acceptance of the terms agreed upon which the parties. Financial Considerations: Funding for this settlement is from the transit operating fund. Legal Considerations: The Law Department recommends acceptance of the mediated resolution. This will resolve all claims for damages for all plaintiffs and attorney fees. Recommendations/Actions: Ratify the mediation agreement, and authorize payment of $40,000.00 as a full settlement of the lawsuit to Kansas Disability Services, with an additional $357.50 as one half of the mediation expenses. Agenda Item No. 15. CITY OF WICHITA City Council Meeting November 7, 2006 Agenda Report No. 06-1097 TO: Mayor and City Council Members SUBJECT: Acquisition of 1410 North Broadway for the North Broadway and 13th Street Intersection Improvement Project (District VI) INITIATED BY: Office of Property Management AGENDA: Consent --------------------------------------------------------------------------------------------------------------------- Recommendation: Approve the acquisition. Background: On July 19, 2005, City Council approved a project to improve the intersection of Broadway and 13th Street North. The project will provide left turn lanes at all approaches to the intersection. Analysis: To accommodate the project, right-of-way must be acquired from eleven tracts of land. This particular acquisition is the third of the eleven, irregular in size and consisting of 903 square feet. The project requires the removal of the improvements at 1410 N. Broadway, leaving a remnant parcel containing 13,097 square feet. A temporary construction easement of 500 square feet is also required. The owner has agreed to a sale at the appraised value of $170,000, or $5 per square foot. The tenant will be compensated for moving and reestablishments claims to which they are entitled. Financial Considerations: A budget of $200,000 is requested. This includes $170,000 for the acquisition, $2,000 for closing costs and title insurance, $21,000 towards relocation and restablishment of the tenant and $7,000 for demolition. The funding source is General Obligation Bonds and Federal Grants administrated by the Kansas Department of Transportation. Goal Impact: The acquisition of this parcel is necessary to ensure efficient infrastructure as this area is rapidly growing. 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: Real estate purchase agreement, tract map and aerial. Agenda Item No. 16. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1098 TO: Mayor and City Council Members SUBJECT: Sale of Parcel at 802 North Belmont (District I) INITIATED BY: Office of Property Management AGENDA: Consent _____________________________________________________________________________ Recommendation: Approve the sale. Background: On April 3, 2001, the City Council approved the marketing of the City-owned parcel at the northeast corner of Belmont and Murdock as surplus property. This parcel contains 28,000 square feet and is currently vacant. It was formerly the site of a water storage tank for the Water Department. The site is zoned multi-family. Analysis: The property was marketed on the Internet and through information sent to the real estate community. The potential purchaser, Meridian Construction, has acquired four residential duplexes from a site being redeveloped in the Mid-Town area and intends to move the structures to this site. They will then renovate the properties and market them for rental. The Historic Preservation Office has reviewed the houses and the neighborhood and feel that they are compatible. Meridian has offered $5,000 for the parcel. 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. Goal Impact: The proposed sale promotes the core area and neighborhoods. The sale facilitates the revitalization of an area in Mid-Town and redevelops a vacant parcel into part of a vibrant neighborhood. As this parcel is surplus to the City' s needs, the sale will also provide a return of a portion of the City's investment. Legal Considerations: The Law Department approved the contract as to form. Recommendations/Actions: It is recommended that the City Council; 1) Approve the Real Estate Purchase Contracts; and authorize all necessary signatures. Attachments: Real Estate Purchase Contract Agenda Item No. 17. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1099 TO: Mayor and City Council SUBJECT: 36-inch Water Main in 1st Street and McComas to Douglas and Hoover (Districts IV, V and VI) INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendation: Approve the project expenditure. Background: The 1999 Water Master Plan identified potential water pressure problems in portions of the west Wichita water distribution system and in growth areas in west Sedgwick County, as identified by the Metropolitan Area Planning Department. Analysis: The City Council approved a Water Master Plan Update on April 8, 2003. In the process of updating the water distribution water model and analyzing the water distribution system, including the growth predictions by MAPD, the Water Master Plan recommended locating a 36-inch water main in First Street and McComas to Douglas and Hoover. Financial Considerations: CIP W-1191, 36-inch Water Main in 1st Street and McComas to Douglas and Hoover, is included for expenditures in 2006. The budget for the project is $1,500,000. The project will be funded from Water Utility revenues and reserves, and/or a future revenue bond issue. Goal Impact: This project addresses Ensure Efficient Infrastructure goal by supplying an adequate water main in west Wichita for additional growth and development. Legal Considerations: The Law Department has approved the Resolution as to form. Recommendations/Actions: It is recommended that the City Council: 1) approve the expenditure; 2) adopt the Resolution; and 3) authorize the necessary signatures. Attachment: Resolution RESOLUTION NO. 06- A RESOLUTION OF THE CITY OF WICHITA, KANSAS, DECLARING IT NECESSARY TO CONSTRUCT, RECONSTRUCT, ALTER, REPAIR, IMPROVE, EXTEND AND ENLARGE THE WATER AND SEWER UTILITY OWNED AND OPERATED BY THE CITY, AND TO ISSUE REVENUE BONDS IN A TOTAL PRINCIPAL AMOUNT WHICH SHALL NOT EXCEED $1,500,000 EXCLUSIVE OF THE COST OF INTEREST ON BORROWED MONEY, FOR THE PURPOSE OF PAYING CERTAIN COSTS THEREOF, AND PROVIDING FOR THE GIVING OF NOTICE OF SUCH INTENTION IN THE MANNER REQUIRED BY LAW. WHEREAS, the Governing Body of the City of Wichita, Kansas (the "City"), has heretofore by Ordinance No. 39-888, adopted May 26, 1987 and published in the official newspaper of the City on May 29, 1987, as required by law, authorized the combining of the City-owned and operated municipal water utility and municipal sewer utility thereby creating the "City of Wichita, Kansas Water and Sewer Utility" (herein sometimes referred to as the "Utility"); and WHEREAS, the City is authorized under the Constitution and laws of the State of Kansas, including K.S.A. 10-1201 et seq., ( the "Act"), to issue revenue bonds to construct, reconstruct, alter, repair, improve, extend and enlarge the Utility; THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. It is hereby found and determined to be necessary and advisable to construct, reconstruct, alter, repair, improve, extend and enlarge the City of Wichita, Kansas Water and Sewer Utility, such construction, reconstruction, alterations, repairs, improvements, extensions and enlargements to include, but not be limited specifically to, 1st St N/McComas to Douglas/Hoover, 36" Line (W-1191) (the "Project"). The total costs of the Project are estimated to be one million five hundred thousand dollars ($1,500,000) in 2006 exclusive of the cost of interest on borrowed money. Available and unencumbered funds of the Utility will be used to pay a portion of the costs of the Project. SECTION 2. It is hereby found and determined that the construction of the Project will not cause duplication of any existing water or sewer utility service furnished by a private utility in the City. SECTION 3. It is hereby found and determined to be necessary and advisable to issue revenue bonds of the City, in a total principal amount which shall not exceed one million five hundred thousand dollars ($1,500,000) in 2006 exclusive of the cost of interest on borrowed money, under the authority of the Act, to pay certain costs of the Project, and the expenses of issuing such revenue bonds. Such revenue bonds shall not be general obligations of the City payable from taxation, but shall be payable from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of such revenue bonds shall be paid from unencumbered moneys of the Utility which will be available for that purpose. SECTION 4. It is hereby found and determined to be necessary, before such revenue bonds can be issued, to publish one time in the City's official newspaper a Notice of the Governing Body's intention to initiate and complete the Project and to issue such revenue bonds, such Notice to be in the form which is attached hereto and made a part hereof by reference as though fully set forth herein. If, within Fifteen (15) days from and after the date of the publication of the Notice, there shall be filed in the Office of the City Clerk a written protest against the Project and the issuance of the revenue bonds, which protest is signed by not less than Twenty Percent (20%) of the qualified electors of the City, then the question of the Project and the issuance of the revenue bonds shall be submitted to the electors of the City at a special election which shall be called for that purpose as provided by law. If a sufficient protest to the Project and the issuance of the revenue bonds is not filed within said Fifteen (15) day period, then the Governing Body shall have the authority to authorize and proceed with the Project and the sale and issuance of the revenue bonds. SECTION 5. This Resolution shall be in force and take effect from and after its adoption and approval. ADOPTED AND APPROVED by the Governing Body of the City of Wichita, Kansas, not less than two-thirds of the members voting in favor thereof, on _______________, 2006. (Seal) __________________________________ CARLOS MAYANS, Mayor ATTEST: _______________________________________ KAREN SUBLETT, City Clerk APPROVED AS TO FORM: By_____________________________________ GARY E. REBENSTORF, Director of Law OCA: (Published in the Wichita Eagle, on ________________, 2006) NOTICE OF INTENTION TO CONSTRUCT, RECONSTRUCT, ALTER, REPAIR, IMPROVE, EXTEND AND ENLARGE THE WATER AND SEWER UTILITY OWNED AND OPERATED BY THE CITY OF WICHITA, KANSAS, AND TO ISSUE REVENUE BONDS, IN A TOTAL PRINCIPAL AMOUNT WHICH SHALL NOT EXCEED $1,500,000, FOR THE PURPOSE OF PAYING CERTAIN COSTS THEREOF. TO: THE RESIDENTS OF THE CITY OF WICHITA, KANSAS You and each of you are hereby notified that the Governing Body of the City of Wichita, Kansas, by Resolution No. 06-_______, duly adopted ________, 2006, has found and determined it to be necessary and declared its intention to construct, reconstruct, alter, repair, improve, extend and enlarge the City of Wichita, Kansas Water & Sewer Utility which is owned and operated by the City, such construction, reconstruction, alterations, repairs, improvements, extensions and enlargements to include, but not be limited specifically to, 1st St. N/McComas to Douglas/Hoover, 36" Line W-1191 (called the "Project"). The total costs of the Project are estimated to be one million five hundred thousand dollars ($1,500,000). The making of the Project will not cause duplication of any existing water or sewer utility service furnished by a private utility in the City. You are hereby further notified that in order to provide financing for certain costs of the Project, the Governing Body has further found and determined it to be necessary and declared its intention to issue revenue bonds in a total principal amount which shall not exceed $1,500,000, under the authority of K.S.A. 10-1201 et seq., as amended and supplemented. Such revenue bonds shall not be general obligation bonds of the City payable from taxation, but shall be payable only from the revenues derived from the operations of the Water and Sewer Utility. Costs of the Project in excess of the proceeds of such revenue bonds shall be paid from unencumbered moneys of the City which will be available for that purpose. This Notice of Intent shall be published one time in the official newspaper of the City; and if, within Fifteen (15) days from and after the publication date hereof, there shall be filed in the Office of the City Clerk a written protest against the Project and the issuance of the revenue bonds, which protest is signed by not less that Twenty Percent (20%) of the qualified electors of the City, then the question of the Project and the issuance of the revenue bonds shall be submitted to the electors of the City at a special election which shall be called for that purpose as provided by law. If no sufficient protest to the Project and the issuance of the revenue bonds is filed within said Fifteen (15) day period, then the Governing Body shall have the authority to authorize and proceed with the Project and the issuance of the revenue bonds. BY ORDER of the Governing Body of the City of Wichita, Kansas, on _______________, 2006. /s/ CARLOS MAYANS, Mayor ATTEST: /s/ Karen Sublett, City Clerk Agenda Item No.18. City of Wichita City Council Meeting November 7, 2006 Agenda Report No.06-1100 TO: Mayor and City Council SUBJECT: Wellfield Meter Replacements INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendation: Approve the expenditure for wellfield meter replacements. Background: The ten-year Capital Improvement Program included a project in 2005 for replacement of the water meters on each of the 55 wells in the Equus Beds wellfield. The existing meters are in need of replacement, but the current style is no longer on the list of approved meters by the Kansas Department of Agriculture, Division of Water Resources. No other meter on the approval list could be installed without extensive modification to the piping at all 55 wells. Staff began working with the Division of Water Resources (DWR) to receive approval for a new style meter that would work without modifiying existing wellhouse piping. Funding for 2005 was relinquished, though the project is still necessary. Approval for a new meter style was received from DWR in August 2006. Analysis: Treatment Residual Relocation, a CIP project, was originally envisioned as part of a strategy to combat water taste and odor. Since completion of the ozone project, taste and odor events and complaints have been virtually eliminated, so this project is scheduled to be deleted from the CIP. Financial Considerations: Meter replacement will cost approximately $300,000. Funds of $1 million, originally allocated for the Treatment Residual Relocation (CIP W-892) project, can be reprogrammed to fund Wellfield Meter Replacement (CIP W-839) without impacting the CIP. Expenditures will be funded from future revenue bonds and/or Water Utility cash reserves. Goal Impact: The project addresses the Efficient Infrastructure goal by replacing faulty meters with new dependable meters used to monitor water usage. Legal Considerations: The Resolution has been approved as to form by the Law Department. Recommendations/Actions: It is recommended that the City Council: 1) approve the reallocation of funding; 2) approve the expenditure; 3) adopt the Resolution; and 4) authorize the necessary signatures. Attachment: Resolution RESOLUTION NO. 06- A RESOLUTION OF THE CITY OF WICHITA, KANSAS, DECLARING IT NECESSARY TO CONSTRUCT, RECONSTRUCT, ALTER, REPAIR, IMPROVE, EXTEND AND ENLARGE THE WATER AND SEWER UTILITY OWNED AND OPERATED BY THE CITY, AND TO ISSUE REVENUE BONDS IN A TOTAL PRINCIPAL AMOUNT WHICH SHALL NOT EXCEED $300,000 EXCLUSIVE OF THE COST OF INTEREST ON BORROWED MONEY, FOR THE PURPOSE OF PAYING CERTAIN COSTS THEREOF, AND PROVIDING FOR THE GIVING OF NOTICE OF SUCH INTENTION IN THE MANNER REQUIRED BY LAW. WHEREAS, the Governing Body of the City of Wichita, Kansas (the "City"), has heretofore by Ordinance No. 39-888, adopted May 26, 1987 and published in the official newspaper of the City on May 29, 1987, as required by law, authorized the combining of the City-owned and operated municipal water utility and municipal sewer utility thereby creating the "City of Wichita, Kansas Water and Sewer Utility" (herein sometimes referred to as the "Utility"); and WHEREAS, the City is authorized under the Constitution and laws of the State of Kansas, including K.S.A. 10-1201 et seq., ( the "Act"), to issue revenue bonds to construct, reconstruct, alter, repair, improve, extend and enlarge the Utility; THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. It is hereby found and determined to be necessary and advisable to construct, reconstruct, alter, repair, improve, extend and enlarge the City of Wichita, Kansas Water and Sewer Utility, such construction, reconstruction, alterations, repairs, improvements, extensions and enlargements to include, but not be limited specifically to, Well Field Meter Replacements (W-839) (the "Project"). The total costs of the Project are estimated to be three hundred thousand dollars ($300,000) in 2006 exclusive of the cost of interest on borrowed money. Available and unencumbered funds of the Utility will be used to pay a portion of the costs of the Project. SECTION 2. It is hereby found and determined that the construction of the Project will not cause duplication of any existing water or sewer utility service furnished by a private utility in the City. SECTION 3. It is hereby found and determined to be necessary and advisable to issue revenue bonds of the City, in a total principal amount which shall not exceed three hundred thousand dollars ($300,000) in 2006 exclusive of the cost of interest on borrowed money, under the authority of the Act, to pay certain costs of the Project, and the expenses of issuing such revenue bonds. Such revenue bonds shall not be general obligations of the City payable from taxation, but shall be payable from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of such revenue bonds shall be paid from unencumbered moneys of the Utility which will be available for that purpose. SECTION 4. It is hereby found and determined to be necessary, before such revenue bonds can be issued, to publish one time in the City's official newspaper a Notice of the Governing Body's intention to initiate and complete the Project and to issue such revenue bonds, such Notice to be in the form which is attached hereto and made a part hereof by reference as though fully set forth herein. If, within Fifteen (15) days from and after the date of the publication of the Notice, there shall be filed in the Office of the City Clerk a written protest against the Project and the issuance of the revenue bonds, which protest is signed by not less than Twenty Percent (20%) of the qualified electors of the City, then the question of the Project and the issuance of the revenue bonds shall be submitted to the electors of the City at a special election which shall be called for that purpose as provided by law. If a sufficient protest to the Project and the issuance of the revenue bonds is not filed within said Fifteen (15) day period, then the Governing Body shall have the authority to authorize and proceed with the Project and the sale and issuance of the revenue bonds. SECTION 5. This Resolution shall be in force and take effect from and after its adoption and approval. ADOPTED AND APPROVED by the Governing Body of the City of Wichita, Kansas, not less than two-thirds of the members voting in favor thereof, on _______________, 2006. (Seal) __________________________________ CARLOS MAYANS, Mayor ATTEST: _______________________________________ KAREN SUBLETT, City Clerk APPROVED AS TO FORM: By_____________________________________ GARY E. REBENSTORF, Director of Law OCA: 633786 (Published in the Wichita Eagle, on ________________, 2006) NOTICE OF INTENTION TO CONSTRUCT, RECONSTRUCT, ALTER, REPAIR, IMPROVE, EXTEND AND ENLARGE THE WATER AND SEWER UTILITY OWNED AND OPERATED BY THE CITY OF WICHITA, KANSAS, AND TO ISSUE REVENUE BONDS, IN A TOTAL PRINCIPAL AMOUNT WHICH SHALL NOT EXCEED $300,000, FOR THE PURPOSE OF PAYING CERTAIN COSTS THEREOF. TO: THE RESIDENTS OF THE CITY OF WICHITA, KANSAS You and each of you are hereby notified that the Governing Body of the City of Wichita, Kansas, by Resolution No. 06-_______, duly adopted ________, 2006, has found and determined it to be necessary and declared its intention to construct, reconstruct, alter, repair, improve, extend and enlarge the City of Wichita, Kansas Water & Sewer Utility which is owned and operated by the City, such construction, reconstruction, alterations, repairs, improvements, extensions and enlargements to include, but not be limited specifically to, Well Field Meter Replacements W-839 (called the "Project"). The total costs of the Project are estimated to be three hundred thousand dollars ($300,000). The making of the Project will not cause duplication of any existing water or sewer utility service furnished by a private utility in the City. You are hereby further notified that in order to provide financing for certain costs of the Project, the Governing Body has further found and determined it to be necessary and declared its intention to issue revenue bonds in a total principal amount which shall not exceed $300,000, under the authority of K.S.A. 10-1201 et seq., as amended and supplemented. Such revenue bonds shall not be general obligation bonds of the City payable from taxation, but shall be payable only from the revenues derived from the operations of the Water and Sewer Utility. Costs of the Project in excess of the proceeds of such revenue bonds shall be paid from unencumbered moneys of the City which will be available for that purpose. This Notice of Intent shall be published one time in the official newspaper of the City; and if, within Fifteen (15) days from and after the publication date hereof, there shall be filed in the Office of the City Clerk a written protest against the Project and the issuance of the revenue bonds, which protest is signed by not less that Twenty Percent (20%) of the qualified electors of the City, then the question of the Project and the issuance of the revenue bonds shall be submitted to the electors of the City at a special election which shall be called for that purpose as provided by law. If no sufficient protest to the Project and the issuance of the revenue bonds is filed within said Fifteen (15) day period, then the Governing Body shall have the authority to authorize and proceed with the Project and the issuance of the revenue bonds. BY ORDER of the Governing Body of the City of Wichita, Kansas, on _______________, 2006. /s/ CARLOS MAYANS, Mayor ATTEST: /s/ Karen Sublett, City Clerk Agenda Item No. 19. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1101 TO: Mayor and City Council SUBJECT: Transfer of Funds - Water & Sewer Utilities INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendation: Approve the transfer of funds. Background: Several items in the Utility budgets vary year-to-year. Assuming continued growth at the same, or an accelerated rate, can inflate the budget and the estimates of revenue requirements; therefore, the Utility budgets conservatively and uses contingency funds as needed. In addition, some expenses increase to better serve customer expectations, or make better use of resources over an extended period of time. Analysis: Water Distribution: Through September, 1504 new water services were installed, compared to 1434 for the same period in 2005, for an extra $35,000. The amount budgeted for 2006 was $505,670, and the actual cost has been $692,640. With three months remaining, it is estimated that the Utility will need an additional $350,000 to continue installing new services. Main leaks this summer have been larger and more than anticipated. The budget includes $1.05 million for pavement and dirt cut permits, but the Utility may need an additional $50,000 for permits for the remainder of the year. Repairing irrigation systems in rights-of-way and higher expectations related to lawn restoration are increasing expenses. To satisfy customer expectations of quality and timeliness, the utility contracts this out. Anticipated expenses are about $40,000 this year for these types of repairs and restorations. Related to the electronic gates and security system, the Utility had unanticipated repairs of approximately $10,000. The Security Advisory Committee is reviewing a proposed maintenance contract for these repairs, but it is not yet in place. All water meters are being replaced by the Automated Meter Reading System. This will reduce future costs, but it impacts the budget in the short-run. An adjustment for the increased cost of meters was made to the inventory budget, but not the operating budget. There was some allowance in the commodities budget, due to underexpenditures in other areas, but an increase of $100,000 is requested. Water Production & Pumping: A warm and dry beginning to 2006 have contributed to an increased volume of water produced for 2006. Temperatures for January through April averaged six degrees above normal while precipitation during the same period was nearly 3 inches below normal, totaling just over four inches. Water produced during that period was 21% higher than the same period over the past five years. Through September of this year, year-to-date water production has remained at 16-18% higher than expected. Sewage Treatment: A major upgrade at Treatment Plant #1 resulted in unforeseeable system startup problems at Treatment Plant #2. These problems increased costs in personal services, commodities and contractuals in terms of increased staff monitoring and control of sludge flow, increases in power consumption required for the disinfection system, additional contract pumping services and an increase in usage of chemicals. Another contributing factor which has led to higher expenditures is the correction of inventory deficiencies. In order to effectively maintain equipment and thus maintain permit compliance the division required a larger volume of replacement parts than was originally expected for the year. Financial Considerations: Water Distribution: Additional budget requested is $450,000 in contractuals and $100,000 in commodities. The Personal Services budget has an excess of $200,000 that could be transferred, in part due to the contracting of many service installations. The remaining $350,000 could be transferred from the Water Utility contingency fund that has $1 million. Water Production & Pumping: Additional budget requested is $250,000 in commodities. The funds could be transferred from the Water Utility contingency fund, which after transferring $350,000 to cover expenses in Water Distribution, still has $650,000 that could be transferred. Sewage Treatment: Additional budget requested is $300,000 in commodities. The Capital Outlay budget has an excess of $250,000 that could be transferred. The remaining $50,000 could be transferred from the Sewer Utility contingency fund that has $100,000. The Finance Department concurs with the Water & Sewer Department assessment. Goal Impact: Adjusting the various Water and Sewer division budgets will help ensure Efficient Infrastructure and is specifically related to providing reliable, compliant and secure utilities. It will also affect the Quality of Life and Economic Vitality, because much of the increase is due to increased growth and customer expectations. Legal Considerations: City Council approval is required for budget transfers of $25,000 or more. Recommendations/Actions: It is recommended that the City Council approve the transfer of funds and authorize the necessary signatures. Attachment: There are no attachments. Agenda Item No. 20. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1102 TO: Mayor and City Council SUBJECT: Helicopter Engine Overhaul- All Districts INITIATED BY: Police Department AGENDA: Consent Recommendation: Approve the helicopter repair project, Standard Aero as the vendor, and any necessary budget adjustments. Background: The Wichita Police Air Section operates an MD 500E helicopter for aerial support of Police operations. The helicopter is operated under the rules and guidelines of the Federal Aviation Administration (FAA) and directives from the manufacturer regarding mandated service intervals. Certain pieces of equipment on the helicopter must be replaced at mandated flight hour intervals or the aircraft will be grounded. Analysis: The Police Department helicopter is required by FAA mandates to undergo a complete overhaul of the engine when it reaches 3,216 flight hours. Standard Aero has given a quote of $175,000 for the engine overhaul. This vendor has exclusively performed the engine maintenance on the Police Helicopter in the past, and is authorized by the Original Equipment Manufacturer to perform such repairs. If the repairs are not completed, the helicopter will be grounded when it reaches 3,216 flight hours. Based on current flight schedules, this is anticipated to occur by year end. Financial Considerations: Funding is available within the Police Department for these helicopter repairs. Goal Impact: The helicopter is a key component of the Safe and Secure Goal. Providing aerial patrol enhances efforts to reduce response times and the crime rate. Legal Considerations: None. Recommendations/Actions: It is recommended that the City Council approve Standard Aero as the vendor for the overhaul of the police helicopter engine, the creation of a helicopter repair project and any necessary budget adjustments. Agenda Item No.21. City of Wichita City Council Meeting November 7th, 2006 Agenda Report No. 06-1103 TO: Mayor and City Council Members SUBJECT: Purchase of a Burn Tower for Fire Training Facility (All Districts) INITIATED BY: Department of Public Works Fire Department AGENDA: Consent Recommendation: Approve the Purchase. Background: The Fire Training Facility, located at 4780 E 31st S., provides a safe environment for fire training for local fire fighters and EMS. The City Council, at their July 25, 2006 meeting, approved a contract with Gossen Livingston Architects to provide design services for improvements, repairs, and modifications to the facility. One of the most vital items of the renovation is the construction of a new burn tower unit. Analysis: Steel fire training towers are prefferred over concrete or block towers, because they provide more flexibilityin use, and reduced construction costs. There are basically two manufactures of metal fire training structured in the United States: Fire Facilities, Inc. of Sun Prairie Wisconsin and WHP Training Towers, Inc. of Overland Park, KS. The Wichita Fire Department has specified that the tower purchased be from WHP Training Towers for several reasons as outlined in the Justification Attachment. The cost for this tower will be $600,000. Financial Considerations: Funding for the project is budgeted in the 2006 Capital Improvement Program. The Capital Improvement Program includes $750,000 for concrete repair, and $950,000 for replacing the burn tower for a combined total of $1.7 million. This funding will cover design, construction, and construction administration of the project. Funding is provided by General Obligation Bonds (Project No. 465419; OCA No. 792487) Goal Impact: Provide a Safe and Secure Community through more adequate fire training facilities. Legal Considerations: The Law Department will review purchasing contract prior to execution. Recommendation/Action: It is recommended that the City Council approve the Purchase and authorize the Purchasing Manager to negotiate a contract and issue the Purchase Order. Attachment: Justification for WHP Towers. Justification for WHP Towers 10/3/06 Prepared by: Charles Keeton, WFD. 1. The design of the Fire Facilities Tower relies on a structural steel skeleton with 18 gauge metal curtain walls. These red iron structural steel members intrude into the interior of the tower taking up valuable training and storage space and the steel stud curtain walls leave exposed steel studs on the interior of the structure that can get damaged or that equipment can get hung up on. The WHP Tower relies on a Corr-Span concept where the exterior panels provide a load bearing (1500 lb point load) shell that equally supports the entire length of the structure. The strength achieved is equal to that of structural steel without having large steel beams intruding into the interior of the structure, providing for maximum use of interior space. This also results in a more esthetic and smoother interior surface that equipment will not get hung up on. Additionally, since large steel members support the Fire Facilities Structure, larger and deeper footings are required than those in the WHP design, potentially resulting in a reduced cost to put in the footings and foundation for a WHP tower. 2. WHP Training Towers lines their burn rooms with a material called Super Padgenite. This material carries a five-year warranty and can withstand consistent burn temperatures up to 2000o Fahrenheit. Fire Facilities lines the inside of their burn rooms with Stainless Steel and relies on a 2" insulating blanket behind the steel to stop the heat from transmitting to the outside steel structure and curtain wall. While the insulating blanket is warranted for fifteen-years, the stainless steel liner is only warranted as long as the outside skin (one-year) of the structure. Therefore, if the stainless liner of the room were to warp after the one-year initial warranty, it would be up to the City to replace the aforementioned panels. The stainless steel liner is designed to expand and contract as they are heated up and cooled down. This expansion theory is only valid if the entire panel is heated and cooled at the same rate. However, when one corner of the panel is heated to 2000o and the other corner, which is a greater distance from the fire, is only heated to 500 o the panel will naturally expand at different rates. This difference in expansion rates subjects the panel to warping. 3. The interior stairs treads of the Fire Facilities Tower are welded in place where the WHP Tower stair treads are bolted in place. This allows any damaged stair treads on the WHP Tower to be replaced without any special skills or knowledge. 4. The roof of the Fire Facilities Tower is covered with 18 gauge metal. The WHP tower has no less than 13 gauge metal, which is considerably thicker and stronger. 5. Roof chop outs in WHP tower are flush with roof, allowing for a safer and more realistic training environment. Fire facilities chop outs stand up above other roof surface making them a trip hazard as well as create an unrealistic training situation. 6. The WHP tower has pre drilled exterior panels that are bolted together with 3/8" bolts every 6 inches. This allows all surfaces of the panels (including bolt holes) to be coated and protected from rust and degradation. Fire Facilities uses self-tapping screws to attach their exterior panels to the interior curtain studs. The self-tapping screws cut a hole into the exterior panel exposing raw metal to the environment allowing the panel to rust. 7. The WHP Tower smoke machine produces 12,000 cubic feet per minute vs. the Fire Facilities 10,000 cfm smoke machine. 8. The structural panel walls and structural roof panel system of the WPH Tower are guaranteed to be water tight upon completion. Fire Facilities states in their accompanying documentation that "because of intended use water tightness of simulators is not required or assured." Additionally WHP towers guarantees their sealers not to run, separate or deteriorate with age. 9. All materials of the WHP tower are "Hot Dipped Galvanized." Fire Facilities states in their accompanying specifications that "All structural material used, 12 gauge or less in thickness, whether exposed or not to the elements shall be hot dipped. Any exposed material which is not galvanized shall be given one coat of shop paint." This one coat process provides minimal rust protection to the above-mentioned elements and causes concern about how well these components will perform without ongoing maintenance. 10. Stairway handrails on the WHP Tower are constructed with 1 1/2" square tubing vs. 1 1/4" round tubing on the Fire Facilities tower, resulting in a stronger handrail. 11. Window and Door locations indicated on the Fire Facilities drawings are "suggested only. All such openings are to be field cut..." This process results in raw metal edges around these openings that are susceptible to rust and corrosion. The WHP Tower uses pre-fabricated openings that are protected by hot dipped galvanization. 12. Window shutters on the WHP Tower are designed to provide an overlap to the interior or exterior to minimize outside elements and light from entering the structure. This assists in keeping the structure clean and assist in creating a dark environment for performing search training. The window shutters on the Fire Facilities structure dos not overlap. The WHP window shutters are mounted utilizing stainless steel hinges. The Fire Facilities Tower only utilizes stainless steel on the windows and doors in the burn room. 13. Doors on the Fire Facilities Tower utilize "straight pin hinges." The doors on the WHP Tower are all outfitted with three heavy-duty ball bearing hinges. This will provide for improved operation and overall increased life expectancy. 14. The hinges on the WHP doors are reinforced with seven-gauge metal. The Fire facilities doors are only reinforced with fourteen-gauge metal, resulting in a weaker hinge attachment than used by WHP. 15. The WHP Tower comes with a one-year (from date of completion) warranty on all components to be free from defects in materials and workmanship under normal use and service, a five-year extended materials and workmanship warranty from date of delivery on all components including the Steel Building System and a twenty-year extended life warranty from date of delivery on all wall and roof panel paint finishes. Fire Facilities only offers a one-year warranty from date of shipment on the structure and components to be free from fabricating defects and a fifteen-year limited warranty on the insulation system in the walls and ceiling of the burn room. 16. Fire Facilities states in their warranty "Any pre engineered structure will require the erector to furnish a amount of field fabrication and / or modification as stated in the manufacturers handbook. Sections of work requiring field cutting or drilling are indicated on the drawings or in the assembly manual. Other field modifications may be necessitated by site conditions beyond the manufactures control. The foregoing are not subject to warranty." WHP makes no such statement. 17. The sloped roofs on the WHP tower are covered with conventional residential roofing materials making them safer to walk on and work on than the metal sloped roofs on the Fire Facilities tower. Fire Facilities advises in their literature that a hook-retaining bracket be required to prevent slippage of the roof ladder. 18. The WHP Tower provides ladder panels above and below their windows. These panels prevent ladders from damaging the main structure. If a panel is scraped or damaged it can be removed and repainted or replaced. Fire Facilities does not offer this feature. Agenda Item No. 22. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1104 TO: Mayor and City Council Members SUBJECT: Personal Services adjustment for the 2006 Contracted Street Maintenance Program (All Districts) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the budget adjustment. Background: Each year funding is allocated in the City's budget for contracted repairs and resurfacing of City streets. The Contracted Street Maintenance programs provide maintenance work including concrete repairs, curb and gutter repairs, bridge repairs, crack repairs, and asphalt surface treatments of city streets. The Street Maintenance budget is the primary funding source for this program. In 2006 a total of $5,931,310 was allocated from the Street Maintenance budget and Capital Investment Maintenance Program. Approximately 6% ($355,600) of this total was set aside for inspector's salaries, benefits, and engineering overhead. Analysis: The current status of the Contracted Maintenance budgets shows a deficit in personal services funds. A budget adjustment is required to move funds from the Street Maintenance budget to the Contract Maintenance budget. Financial Considerations: Projections show that approximately $100,000 will be needed to supplement personal services in the Contract Maintenance budget. Funds are available in the Street Maintenance budget from personal services savings. Goal Impact: This project will support the Ensure Efficient Infrastructure Goal by providing continued inspection and oversight of the 2006 Contracted Maintenance Program. Legal Considerations: Budget adjustments over $25,000 require City Council approval. Recommendations/Actions: It is recommended that the City Council approve the budget adjustment and authorize staff to make the necessary transfers. Attachment: None. Agenda Item No. 23. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1105 TO: Mayor and City Council Members SUBJECT: Janitorial Services for the Various Locations INITIATED BY: Department of Finance AGENDA: Consent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Recommendation: Approve the contract amendment. Background: The City presently has a contract with Wilson Building Maintenance, Inc. to provide janitorial services at various locations including the State Office Building, Central Public Library, Health Department Offices, Career Development Office, Old Town Parking Garage, and Outside Park Restrooms approved by City Council on November 22, 2006. The current contract is from November 1, 2005 through October 31, 2006 with options to renew the contract for up to two (2) successive one (1) year terms by mutual agreement of the parties. Per the current contract after the initial first year of contractual services is completed, vendor may request an increase in the total annual cost of the contract, based on the previous year posted increase in the Consumer Price Index. Analysis: The Purchasing Manager has negotiated an increase in the total annual cost of the contract, based on the previous year posted increase in the Consumer Price Index (CPI) for a 3% increase for the second year of this contract term. This increase per the contract is subject to the approval of the Governing body. The Public Works department staff has also indicated they are well satisfied with existing contract performance from Wilson Building Maintenance, Inc. and requested the option to renew the contract Financial Considerations: Sufficient funds are budgeted for 2007 in the departmental budget. Goal Impact: Ensure Efficient Infrastructure Goal in order to maintain and optimized public facilities and assets. Legal Considerations: The Law Department will review and approve the contract amendment as to form. The contract amendment will be for one year. Recommendations/Actions: It is recommended that the City Council approve the contract amendment to Wilson Building Maintenance, Inc. for janitorial services and authorize the Purchasing Manage to sign the contract amendment. Agenda Item No. 25. City of Wichita City Council Meeting November 7, 2006 Agenda Report No.06-1001a. TO: Mayor and City Council SUBJECT: Repair or Removal of Dangerous & Unsafe Structures 2302 North Piatt - District I INITIATED BY: Office of Central Inspection AGENDA: Unfinished Business --------------------------------------------------------------------------------------------------------------------- Recommendations: Take appropriate action. Background: This property was before the Board of Code Standards and Appeals (BCSA) on August 2, 2006. No-one appeared to represent the property, no repairs had been made to the property, and the BCSA recommended 10 days to start demolition and an additional 10 days to complete. This case was before Council on October 3, 2006. Loretta Jackson, niece of the owner, who formerly occupied the property, appeared and presented a plan of action to save the property. Council agreed to defer action on this property for 30 days. Analysis: On October 12, 2006 and October 23, 2006, staff called and left messages for Ms. Jackson to report the status on the property. Ms. Jackson did not return the calls. On October 20, 2006 and October 23, 2006, staff made inspections of the property. No repairs have been made. The structure is secure. There is still trash and brush on the premises. Taxes: As of October 24, 2006, the 2004 and 2005 taxes were still delinquent in the amount of $625.48. Legal Considerations: Ms. Jackson has been informed of the date and time of the hearing. Goal Impact: On January 24, 2006 the City Council adopted five (5) goals for the City of Wichita. These include: Provide a Safe and Secure Community, Promote Economic Vitality and Affordable, Ensure Efficient Infrastructure, Enhance Quality of Life, and Support a Dynamic Core Area and Vibrant Neighborhoods. This agenda item impacts the goal indicator to Support a Dynamic Core Area and Vibrant Neighborhoods: Continued revitilization of the Core Area. Dangerous building condemnation actions, including demolitions, remove blighting and unsafe buildings that are detrimental to Wichita neighborhoods. Recommendations/Actions: It is recommended that the City Council take appropriate action based on the testimony received at the hearing. Any extension of time granted to repair the structure should be conditioned on the following: (1) the 2004 and 2005 taxes are paid within seven (7) days; (2)the structure is maintained secure as of November 7, 2006 and is kept secured during renovation; and (3) the premise kept clean and free of debris as of November 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 owners of these findings. Agenda Item No. 26. City of Wichita City Council Meeting November 7, 2006 Agenda Report No.06-1106 TO: Mayor and City Council SUBJECT: Repair or Removal of Dangerous & Unsafe Structures Districts I, III, and VI INITIATED BY: Office of Central Inspection AGENDA: New Business --------------------------------------------------------------------------------------------------------------------- Recommendations: Adopt the resolutions. Background: On September 26, 2006 a report was submitted with respect to the dangerous and unsafe conditions on the properties below. The Council adopted resolutions providing for a public hearing to be held on these condemnation actions at 9:30 a.m. or as soon thereafter, on November 7, 2006. Analysis: On September 11, 2006 the Board of Code Standards and Appeals (BCSA) held a hearing on five (5) properties. These properties are listed below: Property Address Council District a. 1129 North Spruce I b. 1741 North Lorraine I c. 2402 West 29th Street North #1 VI d. 1923 South Greenwood III e. 2323 South Washington III Detailed information/analysis concerning these properties are included in the attachments. Goal Impact: On January 24, 2006 the City Council adopted five (5) goals for the City of Wichita. These include: Provide a Safe and Secure Community, Promote Economic Vitality and Affordable Living, Ensure Efficient Infrastructure, Enhance Quality of Life, and Support a Dynamic Core Area & Vibrant Neighborhoods. This agenda item impacts the goal indicator to Support a Dynamic Core Area and Vibrant Neighborhoods: Continued revitalization of the Core Area. Dangerous building condemnation actions, including demolitions, remove blighting and unsafe buildings that are detrimental to Wichita neighborhoods. Legal Considerations: Pursuant to State Statute, the Resolutions were duly published twice on September 28, 2006, and October 5, 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 November 7, 2006; (2) the structures have been secured as of November 7, 2006 and will continue to be kept secured; and (3) the premises are mowed and free of debris as of November 7, 2006 and will be so maintained during renovation. Attachments: Case Summary, Summary, and Follow-Up History. 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 resolutions published once in the official city paper and advise the owner of these findings. Agenda Item No. 27. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1107 TO: Mayor and City Council SUBJECT: Public Hearing and Issuance of Taxable Industrial Revenue Bonds (The Boeing Company) (District III) INITIATED BY: Law Department AGENDA: New Business ______________________________________________________________________________ Recommendation: Place on first reading the Bond Ordinance, approving the Bond Documents and issuance of Bonds for the benefit of The Boeing Company. Background: Since 1979, the City of Wichita has approved over $3.5 billion in Industrial Revenue bond financing, in conjunction with ad valorem tax exemptions, for aerospace manufacturing, modification and engineering facilities operated by The Boeing Company. Following the sale of a substantial portion of manufacturing assets in 2005, Boeing has nevertheless retained and continues to operate significant Wichita area modification and engineering facilities, and continues to hold a letter of intent approved November 9, 1999 and as extended for five years on July 13, 2004. Boeing is now requesting the issuance of City of Wichita Taxable Industrial Revenue Bonds in an amount not-to-exceed $20 million, under the authority of that Letter of Intent. Analysis: Boeing Wichita, located in Sedgwick County, Kansas, with approximately 3,100 employees and an annual payroll of $275 million for year end 2005, is engaged in engineering and modification support of military aircraft. All Boeing Wichita sales are exported out of the state of Kansas. Bond proceeds will be used for acquisition of new, advanced manufacturing equipment and enhancement of existing facilities. Some of the planned facilities upgrades and equipment purchases include an enhanced security gate, chillers, trunk radio systems and ditmco testers. Boeing advises the new equipment will have no adverse effect on Wichita's ambient air quality. Acquisition of advanced technologies and the improvement of facilities are required for Boeing Wichita to compete for military engineering and modification work, in addition to sustaining on-going programs. In these markedly different and difficult times, the bond proceeds will have an impact with helping Boeing Wichita retain many critical professional, technical, and highly skilled employees. The economic impact of planned upgrades and expansion has a direct cascade effect on engineering and architect firms, machine shops, and material providers in Wichita. The firm of Kutak Rock LLP will serve as bond counsel in the transaction. The Boeing Company will purchase the Bonds, as a result of which, there is no need for an underwriter. Boeing Wichita has agreed to comply with the Standard Conditions contained in the City's IRB Policy. Financial Considerations: The Boeing Company agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. The Boeing Company qualifies for a ten-year 100% property tax exemption on the bond financed property on the basis of membership in the local aircraft manufacturing community, level of capital investment, and 100% out-of-state sales exportation. Consistent with the intent of the City Council in its action approving the November 9, 1999 letter of intent and as extended for five years on July 13, 2004, the ten-year period of exemption is to apply without a review by the Council at the five-year point. The IRB Lease document to be approved by the Bond Ordinance has been drafted accordingly. This is consistent with all discussion had at the public hearing on the item, although references to a five-year review were inadvertently included in the November 9, 1999 minutes from a superseded agenda report. Acquisition of the financed assets with bond proceeds will also provide a basis for sales and use tax exemption on the financed purchases. Goal Impact: The economic vitality of the community will be enhanced by the retention of jobs at Boeing and the cascade effect on other area businesses. Legal Considerations: The City Attorney's Office has reviewed and approved the Bond Ordinance and principal financing documents. Recommendations/Actions: It is recommended that City Council close the public hearing and approve first reading of the Bond Ordinance authorizing the execution and delivery of documents for the issuance of Taxable Industrial Revenue Bonds in an amount not-to-exceed $20 million. Attachments: Bond Ordinance Agenda Item No. 28. (Revised 11-06-2006 to amend Recommended Action) City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1108 TO: Mayor and City Council SUBJECT: Public Hearing and Tax Exemption Request (Rapid Processing Solutions, Inc.)(District IV) INITIATED BY: City Manager's Office AGENDA: New Business ______________________________________________________________________________ Recommendation: Close the public hearing and approve the tax exemption request and first reading of the Ordinance. Background: Rapid Processing Solutions, Inc., located at 1367 S. Anna in southwest Wichita, was locally formed in 1998. Rapid Processing Solutions, Inc. (Rapid PSI) makes composite prototype parts for Wichita's aircraft industry and is experiencing growth in sales and production. In response to an increase in production requirements, Rapid PSI recently expanded its manufacturing capacity through renovation of an existing building at a cost of $323,733, and purchase of new equipment in the amount of $46,438. Rapid PSI is now requesting approval of a five-plus-five year 40% Economic Development Tax Exemption on the building renovation and the purchase of new equipment in conjunction with the expansion project. Analysis: Rapid PSI employs a composite manufacturing process known as rapid prototyping, which uses CAD data to add and bond materials in layers to form objects. Rapid PSI provides experienced, effective rapid prototype design/development and efficient short run production of soft tools made of plastics, urethanes, silicones, and metals. Rapid PSI also has the ability to provide decorative plating to meet aviation standards. Rapid PSI also uses RTV silicone molding as a tooling method that allows them to make duplicate parts of a master. In addition to using RTV modeling to produce prototypes the company uses the process of stereolithography. Stereolithography uses a 3-dimensional CAD file as a blueprint to convert a digital image into a physical part. Stereolithography can assist in the development phase by finding initial problems early on in the design stage to ensure proper fit, form, and function before any items go into production. Rapid Processing currently employs 8 employees and projects to add 10 new jobs over a five-year period, at an average wage of $33,651 per year. Rapid Processing's expansion includes renovation of a 13,400 s.f. building and acquisition of new manufacturing equipment. Rapid Processing exports 95% of all production out of Kansas via Cessna and Raytheon. Rapid PSIs'expansion project is itemized in Exhibit I attached hereto. Under the Economic Development Incentive Policy, Rapid PSI is eligible for the following property tax abatement: TAX EXEMPTION ELIGIBILITY ELIGIBLE % INCENTIVE EXPLANATION 29.00% New Job Creation: Rapid PSI will create at least 10 new jobs. 11.00% Capital Improvements: Rapid PSI will invest at least $370,171. 40.00% Sub Total Business - Incentive Eligibility (Maximum allowed is 100%) 00.00% Location Premium: Rapid PSI is not located in the central redevelopment area. 40.00% TOTAL EXEMPTION ALLOWED UNDER ECONOMIC DEVELOPMENT INCENTIVE POLICY Under the City's Economic Development Incentive Policy, Rapid PSI is eligible for a 40% tax exemption for the initial five-year term on new real and personal property and a 40% exemption for the second five-year term on real property only, subject to Council review. Each year of the abatement period, Rapid PSI will pay the City a "payment-in-lieu-of-taxes" equal to the prorated amount of taxes that would have been due on the building, based on current appraised value and current tax rates. A notice of public hearing has been published. Rapid PSI has agreed to comply with the conditions set forth in the Economic Development Incentive Policy. Financial Considerations: The estimated first year taxes on the proposed $370,171 expansion would be $10,311 on personal property, based on the 2005 mill levy. Using the allowable tax exemption of 40 percent, the City would be exempting (for the first year) $4,124 of new taxes from the personal property tax rolls. The tax exemption would be shared among the taxing entities as follows: City - $1,159; County/State - $1,099; and USD 259 - $1,864. Annual payments-in-lieu-of-taxes in the amount of $3,515 will be paid to cover existing taxes and the unabated portion of new taxes. Wichita State University Center for Economic Development and Business Research calculated a cost-benefit analysis indicating benefit-to-cost ratios, which are as follow: City of Wichita 3.19 to one Sedgwick County 2.78 to one USD 259 1.29 to one State of Kansas 4.84 to one Goal Impact: Economic Vitality and Affordable Living. Granting an ad valorem property tax exemption will encourage the business to create new job opportunities and stimulate economic growth for the City of Wichita and Sedgwick County. Legal Considerations: The City Attorney's Office has approved the Ordinance as to form. Recommendations/Actions: It is recommended that City Council close the public hearing, and approve first reading of the Ordinance granting Rapid Processing Solutions, Inc. a 40% tax exemption on the identified real and personal property for a five year term with payments in lieu of taxes, , plus a second five-year term on real property only, subject to City Council approval. Attachments: Ordinance. Rapid Processing Solutions, Inc. Exhibit I Building Renovation $323,733 Equipment Purchases: 60 Gallon Tank $4,500 120 Gallon Air Compressor 4,100 120 Gallon Air Compressor 2,068 Citronix C1500SCp printer and accessories 7,899 used in manufacturing process Frame for pressure tank 1,975 Oven 11,149 Work Bench 2,629 28 Gallon 1,268 Work Benches 3,364 Drum vert/mnl & storage Cabinet 733 2 40 Gallon pressure tanks 2,800 Open Front Bench Booth 3,154 Workbench 799 Total Equipment $46,438 Total Expansion Project $370,171 Agenda Item 29 City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1109 TO: Mayor and City Council SUBJECT: Public Hearing and Tax Exemption Request (Precision Metalcraft, Inc.)(District III) INITIATED BY: City Manager's Office AGENDA: New Business ______________________________________________________________________________ RECOMMENDATION: Close the public hearing and approve first reading of the Ordinance and tax exemption request. BACKGROUND: Precision Metalcraft, Inc., (Precision Metalcraft) located at 2853 S. Hillside in southeast Wichita, was locally formed in 1951. Precision Metalcraft, Inc. is a manufacturer of aircraft parts for the aerospace industry. Precision Metalcraft, Inc. has experienced rapid growth in sales and production since its inception. As a result of continuous growth in sales, Precision Metalcraft has expanded its manufacturing capacity to include acquisition of new manufacturing equipment in the amount of $517,160. Precision Metalcraft previously submitted a letter of intent to seek an Economic Development Tax Exemption (EDX) on new manufacturing equipment in conjunction with the expansion project, and is now requesting approval of the exemption. ANALYSIS: Precision Metalcraft is a milling shop that produces aircraft parts in support of Wichita's aircraft manufacturers. Precision Metalcraft has the capacity to produce at any rate up to 360" long parts. Precision Metalcraft specializes in high precision heavy hog-outs such a various parts related to the nose section and various parts surrounding the wheel well of the 737 Boeing aircraft made from stainless steel, titanium and aluminum. Precision Metalcraft has the equipment in-house to accomplish milling, turning, boring, drilling, blanking and forming, joggling, shearing and punching, back spot-facing and back counter-sinking and tool and die making. Precision Metalcraft support the customers need with over thirty 3, 4 and 5 axis vertical and horizontal high speed spindle and heavy hogging spindle machining centers with travels up to 360 inches in length, high speed machining centers and modern inspection facilities. The Company's engineering and programming department uses Master Cam full 5-axis version and also Smart Cam, AutoCAD, N.C. Vericut and Cadkey for design and manufacturer of products and tooling. Precision Metalcraft currently employs 58 employees. The expansion project includes acquisition of new equipment with a cost of $517,160. As a result of the expansion project, Precision Metalcraft will create 20 new jobs over the next five years. Precision Metalcraft exports 96% of all production of out Kansas via Spirit Aerosystems, Boeing and Goodrich. Precision Metalcraft's expansion project is itemized in Exhibit I attached hereto. Under the Economic Development Incentives Policy, Precision Metalcraft is eligible for the following: TAX EXEMPTION ELIGIBILITY ELIGIBLE % INCENTIVE EXPLANATION 42.00% New Job Creation: Precision Metalcraft will create at least 20 new jobs. 10.00% Capital Improvements: Precision Metalcraft will invest at least $517,160. 52.00% Sub Total Business - Incentive Eligibility (Maximum allowed is 100%) 00.00% Location Premium: Precision Metalcraft is not located in the central redevelopment area. 52.00% TOTAL EXEMPTION ALLOWED UNDER ECONOMIC DEVELOPMENT INCENTIVE POLICY Under the Economic Development Incentive Policy, Precision Metalcraft is eligible for 52% tax exemption on new personal property for a five-year term. A notice of public hearing has been published. Precision Metalcraft has agreed to comply with the conditions set forth in the Economic Development Incentive Policy. Financial Considerations: The estimated first year taxes on the proposed $517,160 expansion would be $12,571 on personal property, based on the 2005 mill levy. Using the allowable tax exemption of 52 percent, the City would be exempting (for the first year) $6,536 of new taxes from the personal property tax rolls. The tax exemption will be shared among the taxing entities as follows: City - $1,838; County/State - $1,743; and USD 259 - $2,955. Wichita State University Center for Economic Development and Business Research calculated a cost-benefit analysis indicating benefit-to-cost ratios, which are as follow: City of Wichita 3.22 to one Sedgwick County 2.74 to one USD 259 1.27 to one State of Kansas 5.67 to one Goal Impact: Economic Vitality and Affordable Living. Granting an ad valorem property tax exemption will encourage the business to create new job opportunities and stimulate economic growth for the City of Wichita and Sedgwick County. Legal Considerations: The City Attorney's Office has approved the Ordinance as to form. Recommendations/Actions: It is recommended that City Council close the public hearing and approve first reading of the Ordinance granting a 98% tax exemption on the identified real and personal property improvements for a five year term, and a 49% exemption on real property only, for a further five-year period, subject to City Council review. Attachments: Ordinance. Precision Metalcraft, Inc. Exhibit I Equipment Purchases: Sigma SDV-3219 Double Column Machining Center $427,900 Hurco VM1 CNC Vertical Machining Center 44,630 Hurco VM1 CNC Vertical Machining Center 44,630 Total Equipment $ 517,160 Total Expansion Project $ 517,160 Agenda Item No. 30. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1110 TO: Mayor and City Council SUBJECT: Management Services for Transit Department INITIATED BY: City Manager's Office AGENDA: New Business Recommendation: Authorize staff to negotiate a contract with McDonald Transit Associates, Inc. Background: The City has utilized contracted management services for the Transit system since 1981. The current general management services contract for the Transit Department is with First Transit at a fee of $8,417.83 per month. There are no annual renewal options left on the current contract, which required City Staff to initiate a Request for Proposal process for general management services for the Transit Department. The Wichita Transit Department provides over 2 million fixed route rides annually. A total of 131 city positions are budgeted in the 2007 Budget. The Transit budget is $5.4 million in city funds, supplemented with federal operating and capital grants. Analysis: In June 2006, the City of Wichita initiated proposals for the management of Transit Department. The City received three proposals and the Staff Screening Selection Committee selected all three proposers to be interviewed, which included: q McDonald Transit Associates, Inc., q First Transit, and q The Professional Transit Management. The Staff Screening and Selection Committee recommends that the City Council authorize City staff to negotiate a contract with McDonald Transit Associates, Inc. and to bring back that contract to the Council for consideration and approval. McDonald Transit Associates, Inc. has proposed to enhance the effectiveness of the Transit system by seeking community involvement. In addition, the company aggressively seeks to increase bus ridership, by enhancing community knowledge of transit in general and by improving the quality of service. They have visited the City to learn more about the local interest in the bus system and to seek ideas on how to increase participation and to explore options for increased utilization of the bus system. The company brings experience in employee development, financial reporting, sales and marketing, risk management, equipment maintenance and facility development. Financial Considerations: McDonald Transit Associates, Inc. has proposed a management fee of $10,960 per month with additional annual cost of living increases on the annual renewal options. The management fee is for services provided by the company to manage the Transit Department by providing an on-site General Manager and other expertise and services as required. The 2007 Transit Budget includes funding for the approval of this management services contract. Goal Impact: Transit operations are included in the Efficient Infrastructure goal area. In order to continue providing transit services, effective management of the system is essential, and contracting for management services will provide this level of expertise. Legal Considerations: The City will negotiate a contract with McDonald Transit Associates, Inc., which will require City Council approval. Recommendations/Actions: Select McDonald Transit Associates, Inc. as the preferred management company and authorize staff to negotiate a contract with this firm and return the contract to the City Council for its consideration. Agenda Item No. 31. City of Wichita City Council Meeting November 7, 2006 Agenda Report No.06-1111 TO: Mayor and City Council Members SUBJECT: Tyler Road Improvement, between K-42 Highway and Harry (District IV) INITIATED BY: Department of Public Works AGENDA: New Business Recommendation: Approve the project. Background: The 2005-2014 Capital Improvement Program includes funding to rehabilitate Tyler Road between K-42 Highway and Harry. Analysis: The project will reconstruct Tyler to provide a new, stable driving surface. The existing pavement is a two-lane asphalt mat road that is failing. Financial Considerations: The project budget is $700,000. The funding source is General Obligation Bonds. Goal Impact: This project addresses the Efficient Infrastructure goal by providing needed maintenance of an arterial street. Legal Considerations: The Law Department has approved the authorizing Ordinance as to legal form. Recommendation/Action: It is recommended that the City Council approve the project and place the Ordinance on First Reading. Attachments: Map, CIP Sheet and Ordinance Agenda Item No. 32. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1112 TO: Mayor and City Council Members SUBJECT: DER2006-14 Proposed Amendment to the Wichita-Sedgwick County Unified Zoning Code Regarding Rodeo Regulations INITIATED BY: Metropolitan Area Planning Department AGENDA: New Business MAPC Recommendation: Approve, unanimously (12-0). MAPD Staff Recommendation: Approve. DAB Recommendation: Provided comments. Background: On May 2, 2006, the City Council passed a moratorium on the processing and approval of new licenses for rodeos under section 3.08.040 of the Code of the City of Wichita. The Moratorium is effective from May 2, 2006 until not later than December 31, 2006. The Moratorium Resolution directed the City Manager and a staff task team appointed by the City Manager to actively pursue development of comprehensive ordinances for licensure and regulation of rodeos events, to coincide with any revised land use and development regulations. In May, a Rodeo Moratorium Task Team was assembled at the City Manager's direction. The Task Team reviewed relevant existing licensing, land use, zoning ordinances and other regulations for Wichita and other jurisdictions, and reviewed national rodeo/animal treatment organization guidelines. The Task Team also provided input relating to rodeos for recently adopted amendments to Chapter 6.04.035 of the City Code relating to cruelty to animals (adopted in late June, 2006). Legal issues and relevant case law regarding rodeo bans, licensing and related zoning and/or land-use restriction were also reviewed. Analysis: "Rodeos" are not specifically defined in the either the Wichita-Sedgwick County Unified Zoning Code (UZC) or the City license regulation for rodeos. Per UZC classifications, outdoor rodeos would qualify as "Recreation and Entertainment, Outdoor" or as "Riding Academy and Stables". Outdoor recreation and entertainment is permitted "by right" in General Commercial, Central Business District, Limited Industrial and General Industrial zoning districts; "by right" for up to two days per month as a licensed special business promotion in the Limited Commercial zoning district; or on a permanent basis by UZC "Conditional Use" in the Limited Commercial zoning district. Riding academies and stables are permitted "by right" in the General Commercial or General Industrial zoning districts. The current City license regulation for rodeos was last amended over 20 years ago, and appears to have been intended for temporary events, not permanent facilities. The entire license regulation is set forth below: "The license fee for persons engaged in the business or operation of circuses, rodeos, wild animal shows or exhibitions, carnivals or street fairs, on any premises or in any building or structure within the city, shall be one hundred dollars per day; and provided, however, that no such license shall be issued until the application is approved by central inspection, fire department, police department, health department and the City Manager. The City Council may waive the license fee as to any of the aforesaid events which may be presented on property owned by the City. (Ord. No. 40-053 § 1)." At the City Council Workshop on July 25, 2006, the Task Team presented three alternative courses of action, including: (1) a total ban on all rodeos, outdoor and indoor; (2) new licensing and UZC regulation to allow indoor rodeos or rodeo events only; or (3) new licensing and UZC regulation to allow both indoor and outdoor rodeos or rodeo events. It was noted in the presentation that all alternatives could legally include specific exemptions to allow rodeos or rodeo events at specific venues or properties (i.e., the downtown arena, Old Cowtown, or City or County-owned lands). The direction provided by the Council during the workshop was to proceed with the first alternative, a total ban on rodeos or rodeo events (but with exceptions to allow them on City or County-owned land). However, Council Members Fearey and Brewer directed staff to present this issue to their District Advisory Boards. Rodeo regulation presentations were made to DABs I and VI on August 7, 2006. Each of those DABs recommended that the City draft regulations to allow indoor rodeos only, with the suggested new UZC and licensing regulation. At the City Council meeting on August 15, 2006, the feedback provided by DABs I and VI was presented, and City Council directed staff to develop regulations to allow for indoor rodeos only, and to present a summary of proposed indoor rodeo regulations to DABs. In September, staff presented the proposed amendments at all the DAB meetings. Their comments are summarized in an attachment. The proposed amendments include: definitions of "Rodeo in the City," "Rodeo, indoor," "Rodeo, outdoor," and clarification that "Rodeo, in the City" is not a use permitted as "Recreation and Entertainment, Indoor," "Recreation and Entertainment, Outdoor," or "Riding Academy and Stables." "Rodeo, Indoor" is a permitted use within the City of Wichita in the General Commercial, Limited Industrial and the General Industrial districts, subject to proposed supplemental regulation kk. Supplemental regulation kk establishes: fencing requirements, animal treatment standards, waste collection/ disposal standards, lighting standards, noise control standards, surfaced parking standards and hours of operation. The regulations also clarify that although "Rodeo, Indoor" is listed as a permitted use in the GC, LI and GI districts, if the proposed indoor rodeo site will have outdoor storage or penning of animals, and will operate more than two days per calendar year, the use will require Conditional Use approval. The regulations further clarify that outdoor rodeos are not allowed in the City of Wichita, except on property owned by the City of Wichita or Sedgwick County and when approved per the requirements of the Community Events Ordinance in Chapter 3.11 of the Code of the City of Wichita. The Metropolitan Area Planning Commission (MAPC) reviewed the proposed amendments at their October 5, 2006, meeting. One person was present to speak on the issue. He asked for an hour additional time for rodeo operations on Friday and Saturday nights (until 1:00 a.m. instead of midnight) and that a clarification be added distinguishing temporary outdoor penning of animals that would not require Conditional Use approval from permanent outdoor penning that would require Conditional Use approval. A request was also made to clarify that the definition of "Rodeo in the City" be modified to ensure that these regulations only apply to property located within the City of Wichita. Staff was supportive of the clarifications. The MAPC unanimously voted to recommend the amendments as modified during the meeting. The proposed amendments as recommended by the MAPC are attached. Financial Considerations: The UZC amendments will not affect City finances. Rodeo licensing fees will be amended. Legal Considerations: The Law Department has been a participant on the Rodeo Task Team, and has reviewed legal issues related to the proposed regulations. The item has been reviewed and approved as to form. Recommendation/Actions: 1. Concur with the findings of the MAPC and adopt the text amendments and approve the first reading of the ordinance establishing the text amendments, or; 2. Return the application to the MAPC for reconsideration. (An override of the Planning Commission's recommendation requires a 2/3rds majority vote of the membership of the governing body on the first hearing.) Attachments: Ordinance, Delineated UZC Changes, MAPC minutes, DAB Summary and Staff Report. Published in the Wichita Eagle on ____________________ ORDINANCE NO.________________ AN ORDINANCE PROVIDING AMENDMENTS TO SECTION II-B.11.a, SECTION II-B.11.b, SECTION II-B.11.n, SECTION II-B.11, SECTION III-B.16, SECTION III-B.19, SECTION III-B.20, SECTION III-D USE REGULATIONS SCHEDULE; AND ADDING SECTION III-D.6.kk OF THE WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE (April 19, 2001 EDITION), AS ADOPTED BY REFERENCE IN CITY OF WICHITA CODE SEC. 28.04.010 BY ORDINANCE NO. 44-975, DEALING WITH RODEO IN THE CITY. WHEREAS, under the authority of K.S.A. 12-741, et. Seq., the City of Wichita desires to adopt amendments to the Wichita-Sedgwick County Unified Zoning Code pertaining to rodeo in the city; and WHEREAS, by K.S.A. 12-770, the City of Wichita may adopt reasonable regulations for the development and operation of rodeos in the City; and WHEREAS, the governing body of the City of Wichita finds and determines that the regulations set forth in this ordinance are reasonable regulations for the development and operation of rodeos in the City; NOW THEREFORE, BE IT ORDAINED BY THE GOVERNMENT BODY OF THE CITY OF WICHITA; SECTION 1. Section II-B.11.a of the Wichita-Sedgwick County Unified Zoning Code (April 19, 2001 Edition) as adopted by reference in Code Sec 28.04.010 by Ordinance No. 44-975, is hereby amended to add the following: a. Recreation and Entertainment, Indoor means a privately-owned establishment offering recreation, entertainment or games of skill to the general public or members that is wholly enclosed in a building. Typical uses include bowling alleys, indoor theaters, bingo parlors, pool halls, billiard parlors, video game arcades, racquetball and handball courts, and amusement rides. It does not include buildings typically accessory to a subdivision that are for use by the subdivision's residents and their guests or "rodeo in the city." SECTION 2. Section II-B.11.b of the Wichita-Sedgwick County Unified Zoning Code (April 19, 2001 Edition) as adopted by reference in Code Sec 28.04.010 by Ordinance No. 44-975, is hereby amended to add the following: b. Recreation and Entertainment, Outdoor means a privately-owned establishment offering recreation, entertainment or games of skill to the general public or members wherein any portion of the activity takes place in the open. Typical uses include archery ranges, batting cages, golf driving ranges, drive-in theaters, miniature golf courses, "pitch and putt" facilities, tennis courts, and amusement rides. It does not include golf courses, parks, open space and recreational facilities typically accessory to a subdivision that are for use by the subdivision's residents and their guests. or "rodeo in the city." SECTION 3. Section II-B.11.n of the Wichita-Sedgwick County Unified Zoning Code (April 19, 2001 Edition) as adopted by reference in Code Sec 28.04.010 by Ordinance No. 44-975, is hereby amended to add the following: n. Riding Academy or Stable means a commercial establishment for boarding, breeding, training or raising of horses not owned by the owners or operators of the establishment, rental of horses for riding, or other equestrian activities. "Riding academy or stable" shall not include "Rodeo in the City." SECTION 4. Section II-B.11 of the Wichita-Sedgwick County Unified Zoning Code (April 19, 2001 Edition) as adopted by reference in Code Sec 28.04.010 by Ordinance No. 44-975, is hereby amended to add the following: p. Rodeo in the City means a competition, exhibition or demonstration involving persons, equines and/or bovines in which participants display various skills in one or more events such as, but not limited to, bareback riding, saddle bronco riding, steer wrestling, roping, team roping, tie-down roping, barrel racing, bull riding or similar events occurring in the City of Wichita. (1) Rodeo, Indoor means a rodeo in which all practices, competitions, exhibitions and/or demonstrations are conducted inside buildings or structures that are covered by roofs, and which are fully enclosed by solid walls and closeable openings, such as windows and doors. Outdoor loading, unloading and temporary penning of livestock into and from the indoor facility or facilities is allowed. An indoor rodeo may include outdoor storage of livestock, but shall not include any outdoor practices, competitions, exhibitions and or demonstrations. (2) Rodeo, Outdoor means a rodeo in which any or all competitions, exhibitions and/or demonstrations, and any related livestock storage, are conducted outside of buildings or structures as defined for "Rodeo, Indoor." SECTION 5. Section III-B.16.b.(3) of the Wichita-Sedgwick County Unified Zoning Code (April 19, 2001 Edition) as adopted by reference in Code Sec 28.04.010 by Ordinance No. 44-975, is hereby amended to add the following: Rodeo in the City, subject to Sec. III-D.6.kk SECTION 6. Section III-B.19.b.(3) of the Wichita-Sedgwick County Unified Zoning Code (April 19, 2001 Edition) as adopted by reference in Code Sec 28.04.010 by Ordinance No. 44-975, is hereby amended to add the following: Rodeo in the City, subject to Sec. III-D.6.kk SECTION 7. Section III-B.20.b.(3) of the Wichita-Sedgwick County Unified Zoning Code (April 19, 2001 Edition) as adopted by reference in Code Sec 28.04.010 by Ordinance No. 44-975, is hereby amended to add the following: Rodeo in the City, subject to Sec. III-D.6.kk SECTION 8. Section III-D Use Regulations Schedule of the Wichita-Sedgwick County Unified Zoning Code (April 19, 2001 Edition) as adopted by reference in Code Sec 28.04.010 by Ordinance No. 44-975, is hereby amended to add the following: P=Permitted Use C=Conditional Use U S E T Y P E Z O N I N G D I S T R I C T S RR SF20 SF10 SF5 TF3 MF18 MF29 B MH NO GO NR LC OW GC IP CBD LI GI conditions C O M M E R C I A L Rodeo in the City P P P D.6.kk SECTION 9. Section III-D.6 Supplementary Use Regulations of the Wichita-Sedgwick County Unified Zoning Code (April 19, 2001 Edition) as adopted by reference in Code Sec 28.04.010 by Ordinance No. 44-975, is hereby amended to add the following: kk. Rodeo, in the City. Rodeos, in the City, shall be subject to the following standards: (1) Animals that are to be ridden, roped, raced or otherwise participate in rodeo events shall be penned in by fencing materials that meet normally accepted industry standards and are normally used to confine livestock. (2) Animals that are to be ridden, roped, raced or otherwise participate in rodeo events shall be maintained in normally accepted industry standards with respect to handling; penning; veterinarian or ferrier care; feed; and water; waste collection, storage and disposal. Waste shall be collected often enough to minimize odor and fly infestation. Grain shall be stored in enclosed containers to minimize fly and rodent infestation. (3) Animals shall be maintained and treated in accordance with Chapter 6.04 of the Code of the City of Wichita. (4) The compatibility noise standards of Sec. IV-C.6 shall be complied with. Outdoor speakers and sound amplification systems shall not be permitted, except as approved under the Community Events Ordinance as set forth in Sec. III.D.6.kk(11). (5) The lighting standards of Sec. IV-B.4 shall be complied with. No string type or search lighting shall be permitted. (6) All parking areas and vehicle circulation drives shall be paved with concrete, asphalt or asphaltic concrete, except as approved under the Community Events Ordinance as set forth in Sec. III.D.6.kk(11). (7) Hours of rodeo operation shall be limited to 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 1:00 a.m. on Friday and Saturday. (8) For rodeos not utilizing outside storage of livestock: a minimum lot size of three acres is required; there must be at least 500 feet separation between the property line on which the rodeo will be held and the lot line of any residentially zoned lot, or existing single-family or two-family uses, unless separated by a "major barrier." (9) Even though listed as a permitted use in certain districts, rodeos with outdoor storage or penning shall require Conditional Use review and approval per Section V-D of this Code if any rodeo on the site is to occur more than two days per calendar year, except temporary outdoor penning of livestock for no longer than 12 continuous hours is permitted without Conditional Use approval. Outdoor storage or penning shall mean the storage or penning outside of an enclosed building or structure; livestock includes but is not limited to bovines or equines. (10)For rodeos with outdoor storage or penning of livestock: a minimum lot size of five acres is required; there must be at least 1,200 feet separation between the property line on which the rodeo will be held and the lot line of any residentially zoned lot, or any existing single-family or two-family uses, unless separated by a "major barrier." (11)Outdoor rodeos are not allowed in the City of Wichita except on property owned by the City of Wichita or Sedgwick County. Rodeos held on property owned by the City of Wichita or Sedgwick County are exempt from the requirements of this code, provided that approval is obtained per the requirements of the Community Events Ordinance in Chapter 3.11 of the Code of the City of Wichita. SECTION 10. This ordinance shall be included in the Code of the City of Wichita and shall be effective upon its adoption and publication once in the official City newspaper. PASSED AND ADOPTED by the governing body at Wichita, Kansas, this_____day of _________________, 2006. ______________________________ Carlos Mayans, Mayor ATTEST: ______________________________ ______________________________ Karen Sublett, City Clerk Gary E. Rebenstorf, City Attorney (SEAL) Agenda Item No. 33. City of Wichita City Council Meeting November 7, 2006 Agenda Report No.06-1113 TO: Mayor and City Council Members SUBJECT: REPEAL OF SECTION 3.08.040 RELATING TO CIRCUSES, RODEOS AND ANIMAL SHOWS AND ADOPTION OF CHAPTER 3.09 RELATING TO RODEOS, ANIMAL EXHIBITIONS AND PETTING ZOOS INITIATED BY: Rodeo Task Force/Office of Central Inspection AGENDA: New Business Recommendation: It is recommended that the City Council approve first reading of the ordinances. Background: On May 2, 2006, the City Council passed a moratorium on the processing and approval of new licenses for rodeos under section 3.08.040 of the Code of the City of Wichita. A task team was developed to research and provide input on the appropriate land use restrictions to be imposed on rodeos and to develop licensing standards for such events and other animal exhibitions. Staff researched health and safety issues related to other events such as petting zoos, wild and dangerous animal shows to develop a licensing scheme for all such events. The ordinances proposed establish minimum health and safety standards for such events. Analysis: The current City regulations for rodeos were last amended over 20 years ago. The code appears to have been intended for temporary events, not permanent facilities. The ordinance has no provisions regarding the conditions in which a license may be granted or revoked. Additionally, the ordinances fail to specify any minimum standards of care for animals exhibited. The proposed ordinances require licensees to provide information regarding the care and treatment of animals exhibited. A licensing fee is charged for events based on the length of the event. Liability insurance coverage is required of any exhibitor licensed under the ordinances. Rodeos and wild animal exhibits are required to maintain $250,000 in liability coverage. Petting zoos are required to maintain $100,000 in liability coverage. Educational information about the potential of contacting diseases and hand washing stations are required for petting zoos. Physical contact between spectators and wild animals is prohibited. Zoos accredited by the American Zoo and Aquarium Association or the Zoological Association of America, the Kansas Department of Wildlife and Parks, licensed or accredited research or medical institutions and USDA licensed exhibitors of dangerous animals are exempt from the licensing provisions. Financial Considerations: None. Legal Considerations: The Law Department has prepared the proposed amendments and they are approved as to form. Goal Impact: Safe and Secure The proposed licensing ordinances will allow Environmental Services Staff to enforce the ordinances to provide for the safety of animals and patrons at animal exhibitions and rodeos. Recommendation/Actions: It is recommended that the City Council approve first reading of the ordinances amending Chapter 3.08.040 of the Code of the City of Wichita relating to circuses, rodeos and animal shows, and Chapter 3.09 of the Code of the City of Wichita relating to rodeos, animal exhibitions and petting zoos. Attachments: Delineated Ordinances. First Published in The Wichita Eagle on ______________ DELINEATED 10/20/2006 ORDINANCE NO._________ AN ORDINANCE CREATING CHAPTER 3.09 OF THE CODE OF THE CITY OF WICHITA, KANSAS, PERTAINING TO ANIMAL EXHIBITIONS, RODEOS, AND ANIMAL SHOWS AND REPEALING SECTION 3.08.040 OF THE CODE OF THE CITY OF WICHITA, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. Section 3.09.010 of the Code of the City of Wichita, Kansas, shall read as follows: "Definitions. (1) 'Animal Exhibition' means a show or exhibition with domestic animals, wild animals, or dangerous wild animals where no contact is permitted by law between spectators and the animals. (2) 'Animals' means domestic animals, wild animals and dangerous wild animals as defined in this section. (3) 'Dangerous wild animals' means, including, but limited to coyotes, bobcats, foxes, wolves, lions, tigers, leopards, jaguars, cheetahs, mountain lions, or any hybrid thereof; bears or any hybrid thereof; other carnivorous animals of a similar nature and species and venomous reptiles. (4) 'Director of Central Inspection' means the Superintendent of the Office Of Central Inspection of the City of Wichita, or his/her designee. (5) 'Director of Environmental Services' means the director of the Department Of Environmental Services of the City of Wichita or his/her designee. (6) 'Domestic Animal' means cattle, swine, sheep, goats, horses, mules, domesticated deer, all creatures of the Pratite family that are not indigenous to this state, including, but not limited to, ostriches, emus, and rheas. (7) 'Domesticated deer' means any member of the family Cervidae which was legally obtained and is being sold or raised in a confined area for breeding stock, for any carcass, skin or part of such animal; for exhibitions or for companionship. (8) 'Indoor Rodeo' means a rodeo in which all parties, competitions, exhibitions and/or demonstrations are conducted inside buildings or structures that are covered by roofs, and which are fully enclosed by solid walls and closeable openings, such as windows and doors. Outdoor loading, unloading and temporary penning of livestock into and from the indoor facility or facilities is allowed. An indoor rodeo may include outdoor storage of livestock, but shall not include any outdoor practices, competitions, exhibitions and/or demonstrations. (9) 'Outdoor Rodeo' means a rodeo in which any or all practices, competitions, exhibitions and/or demonstrations, and any related livestock storage, are conducted outside of buildings or structures as defined by 'indoor rodeo'. (10) 'Petting Zoo' means a show or exhibit of domestic animals on exhibition for physical contact with humans. (11) 'Rodeo' means a competition, exhibition or demonstration involving persons, equines and/or bovines in which participants display various skills in one or more events such as, but not limited to, bareback riding, saddle bronco riding, steer wrestling, roping, team roping, tie-down roping, team penning, barrel racing, bull riding or similar events. (12) 'Wild Animals' means non-domesticated animals, birds and reptiles which are native to North America. Such term does not include dangerous wild animals as defined in this section." SECTION 2. Section 3.09.020 of the Code of the City of Wichita, Kansas, shall read as follows: "License Required. 1. It shall be unlawful for any rodeo, animal exhibition or petting zoo to exhibit, conduct or carry on any exhibition, show or event without obtaining a license for such exhibition, show or event. 2. No license shall be issued for an outdoor rodeo, except for rodeos conducted on property owned by the City of Wichita or Sedgwick County. Outdoor rodeos held on property owned by the City of Wichita or Sedgwick County shall comply with the requirements of Chapter 3.11 of the Code of the City of Wichita relating to Community Events. 3. No license shall be issued for any animal exhibition of any dangerous wild animal, as defined by this section, except as allowed by Section 6.08.020 of the Code of the City of Wichita. EXCEPTIONS: The provisions of this chapter shall not apply to: a. Institutions accredited by the American Zoo and Aquarium Association or the Zoological Association of America; b. The Kansas Department of Wildlife and Parks; c. A licensed or accredited research, veterinary or medical institution; d. A United States Department of Agriculture licensed exhibition of dangerous wild animals while transporting such animals as part of a circus, carnival, rodeo or fair." SECTION 3. Section 3.09.030 of the Code of the City of Wichita, Kansas, shall read as follows: "License Fees. (a) An application for a rodeo, animal exhibition or petting zoo shall be accompanied by a license application fee. A license may be issued by the day, weekly or annually. The fees for such licenses shall be as follows: Daily $100.00 Weekly $300.00 Yearly $500.00 (b) A license shall be valid and effective only for the dates and times of operation set forth in the license. No exhibition or event may be conducted during any hours or other dates." SECTION 4. Section 3.09.040 of the Code of the City of Wichita, Kansas, shall read as follows: "License Nontransferable. A license is not transferable to any other person, nonprofit or business entity, and cannot be used at a location other than those listed on the application and approved for licensing." SECTION 5. Section 3.09.050 of the Code of the City of Wichita, Kansas shall read as follows: "License Application. An application for a rodeo, animal exhibition or petting zoo license shall be obtained from the City Treasurer's Office. The application shall contain the following information: a. The name, date of birth and address of the applicant, or if the applicant is a nonprofit or business entity, the names, residential addresses and personal information of those persons authorized to execute contracts on behalf of the entity; b. If the applicant is a corporation, or other entitity obligated to register the the state or local government in its home state, the name and permanent address of that entity's registered agent or office; c. The name and address under which the applicant intends to conduct his, her, or its business; d. The specific dates and times for which events or exhibitions will be conducted; e. A signed statement on behalf of the applicant that the information is true and correct; f. A signed statement on behalf of the applicant to establish that such events or exhibitions will be in compliance with animal control and sanitary waste requirements of the City of Wichita; g. Documentation that the location where the exhibitions, show or events will be held is in compliance with zoning requirements of the Unified Zoning Code of Wichita and Sedgwick County; h. Proof of liability insurance as required by Section 3.09.110; i. Name and address of the licensed veterinarians who are responsible for care and treatment of all animals or livestock to be used in the event or exhibition." SECTION 6. Section 3.09.060 of the Code of the City of Wichita, Kansas, shall read as follows: "Issuance of License. (a) A license for a rodeo, animal exhibition or petting zoo, may be issued only upon completion of the application; payment of the required licensing fees and a showing that the proposed event or exhibition will not be in violation of any state, federal or local law. (b) Applications for a rodeo, animal exhibition or petting zoo shall not be made less than twenty business days before the event, or exhibition. Upon receipt of a properly completed application, the City Treasurer's Office shall forward the application to the appropriate City departments for investigation and recommendation regarding issuance of the license. (c) If a license is not issued, written notice shall be mailed or hand delivered to the applicant indicating the reason for the denial. Such notice shall also set forth information regarding the applicant's right to appeal the denial." SECTION 7. Section 3.09.070 of the Code of the City of Wichita, Kansas, shall read as follows: "Display of License. The licensee shall display the license issued while any activities are being conducted pursuant to the license. The license shall be posted in plain view at the location and made available to law enforcement officers and other enforcement officers for the City of Wichita." SECTION 8. Section 3.09.080 of the Code of the City of Wichita, Kansas, shall read as follows: "Suspension or Revocation of License. (a)The Director of Environmental Services may suspend for a period not to exceed 30 days or may revoke any license issued under this chapter, for any of the following reasons: (1) Fraud, misrepresentation or false statement contained in the application; (2) Failure to pay the appropriate licensing fee; (3) Violation of any of the provisions of this chapter; (4) Violation of any of the provisions of Title 6 of the Code of the City of Wichita or any other state or federal law related to the care and treatment of livestock, domestic or wild animals. (b) The Director of Environmental Services shall notify the licensee of the suspension or revocation of his or her license, setting forth the grounds for such revocations; which shall be mailed by certified mail to the licensee's permanent address appearing on the application or hand delivered to the licensee. (c) Any person aggrieved by the suspension or revocation of a license as provided in this chapter shall have the right of appeal to the Wichita City Council as set forth in Section 3.94.120(b)." SECTION 9. Section 3.09.090 of the Code of the City of Wichita, Kansas, shall read as follows: "Enforcement and Inspection. The Director of Environmental Services or his or her designee and the Superintendent of Central Inspection or his or her designee, are authorized to inspect and approve the licensee's premises to insure compliance with all state and federal laws and the ordinances of the City of Wichita governing public health, safety and welfare." SECTION 10. Section 3.09.100 of the Code of the City of Wichita, Kansas, shall read as follows: "Compliance with Ordinances. All licensees shall comply with all ordinances and regulations of the City of Wichita. A violation of the provisions of this chapter or any ordinance of the City of Wichita shall constitute grounds for revocation or suspension." SECTION 11. Section 3.09.110 of the Code of the City of Wichita, Kansas, shall read as follows: "Insurance Requirement. All licensees, except petting zoos, shall provide proof of and maintain liability insurance coverage or secure a bond in an amount of not less than $250,000 for each occurrence covering destruction of or damage to property and death or bodily injury to a person caused by an animal utilized in or present at any exhibition, show or event. Petting zoos shall provide and maintain liability insurance coverage or secure a bond in an amount of not less than $100,000 for each occurrence covering destruction of or damage to property and death or bodily injury to a person caused by an animal utilized in or present at exhibition, show or event. Such policy must name the city and the Department of Environmental Services as additional insureds prior to the exhibition, show or event. Any insurer shall notify the Department of Environmental Services, in writing, of any expiration, reduction or cancellation of liability insurance required by this subsection not later than ten days before the expiration, reduction or cancellation takes effect. Any surety company who secured the performance of a bond shall notify Department of Environmental Services, in writing, of any expiration, reduction or cancellation of the bond as required by this subsection, not later than ten days before the expiration, reduction or cancellation takes effect." SECTION 12. Section 3.09.120 of the Code of the City of Wichita, Kansas, shall read as follows: "Operation Regulations. All rodeos, animal exhibitions or petting zoos shall conform to the following regulations and requirements: 1. Animals shall be maintained and treated in accordance with Chapter 6.04 of the Code of the City of Wichita. 2. Rodeo animals that are to be ridden, roped, raced, displayed or otherwise participate in rodeo events or shows must be penned in by fencing materials that meet generally accepted industry standards and are normally used to confine livestock. 3. All animals must be fenced, caged, or penned in an enclosure of sufficient strength and design for the purpose of maintaining or transporting the animal. 4. Animals must not be used in any form of live entertainment where the animal is likely to be caused undue distress or result in injury or death. 5. All animals transported into the City of Wichita, must comply with the provisions of K.S.A. 47-607, et seq. 6. All cages, pens, stalls or other areas where animals are maintained or exhibited shall be cleaned daily. Manure and other refuse shall be disposed of as provided in Chapter 6.12 of the Code of the City of Wichita. 7. The licensee and/or the operator of any exhibition, rodeo event, or show shall make available upon demand of any employee of the Department of Environmental Services all documentation regarding vaccinations, health, ownership and veterinary care for each animal exhibited. 8. All animals or livestock used, ridden, shown or exhibited by a licensee shall be treated humanely. All operations, events, shows and exhibitions must comply with K.S.A. 21-4310 and Section 6.04.035 of the Code of the City of Wichita. 9. Law enforcement shall be immediately notified of the escape of any animal. The licensee shall be liable for any costs incurred by the City of Wichita or other governmental agency resulting from the escape of an animal unless the escape is due to a criminal act by another person or a natural event. 10. Any animal injured in any rodeo, show or exhibition shall be given immediate care by a qualified, licensed veterinarian. Licensees and exhibitors shall have a written protocol for first aid and medical attention in the event of an injury. Exhibitors and operators shall maintain appropriate first aid equipment and supplies at an exhibition, event, or show. 11. The licensee shall file a report with the Department of Environmental Services of any bite on a human by any animal exhibited. Such report shall contain the necessary information as required by Chapter 6.04. 12. Any petting zoo which allows physical contact between patrons and spectators and the animals, must comply with the following requirements: a. Signs must be placed at the entrance and exit of the exhibit to educate the public regarding the risk of transmission of diseases from farm animals to humans. b. Animal contact is not allowed where food or beverages are being prepared, sold or served. c. Hand-washing stations must be provided. d. Eating, drinking and smoking shall not be permitted in areas where interaction with animals is permitted. e. Only food provided by the animal exhibitor may be fed to the animals. Animal food shall not be provided in containers that are human food items. 13. No physical contact is allowed between patrons and dangerous wild animals. 14. No physical contact is allowed between patrons and wild animals. 15. Licensees shall have a veterinarian on site or immediately available (on call) during any performance or exhibition. 16. No dangerous wild animal shall be allowed to be tethered, leashed or chained outdoors or allowed to run at large. 17. A dangerous wild animal shall not be brought to any public property or commercial or retail establishment, except to bring the animal to a licensed veterinarian or veterinarian clinic." SECTION 13. Section 3.09.130 of the Code of the City of Wichita, Kansas, shall read as follows: "Violations, penalty. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500). Each day that any violation of this chapter continues shall constitute a separate offense and shall be punishable hereunder as a separate violation." SECTION 14. Section 3.09.140 of the Code of the City of Wichita, Kansas, shall read as follows: "Compliance with state statute. Nothing in this Chapter shall be interpreted to authorize any person licensed hereunder to maintain, transport or exhibit animals in violation of any state statute, nor shall compliance with the provisions of this Chapter relieve any person from compliance with the state statutes regarding the care, maintenance and transportation of livestock or animals." SECTION 15. Section 3.08.040 of the Code of the City of Wichita, Kansas, is hereby repealed. "Circuses, rodeos, wild animal shows and carnivals. The license fee for persons engaged in the business or operation of circuses, rodeos, wild animal shows or exhibitions, carnivals or street fairs, on any premises or in any building or structure within the city, shall be one hundred dollars per day; and provided, however, that no such license shall be issued until the application is approved by central inspection, fire department, police department, health department and the city manager. The city council may waive the license fee as to any of the aforesaid events which may be presented on property owned by the city." SECTION 16. This ordinance shall be included in the Code of the City of Wichita, Kansas, and shall be effective upon its passage and publication once in the official city paper. PASSED by the governing body of the City of Wichita, Kansas, this ________ day of _________________, 2006. __________________________________________ Carlos Mayans, Mayor ATTEST: ______________________________ Karen Sublett, City Clerk Approved as to Form: ______________________________ Gary E. Rebenstorf Director of Law First Published in The Wichita Eagle on ______________ DELINEATED 10/20/2006 ORDINANCE NO._________ AN ORDINANCE CREATING CHAPTER 3.09 OF THE CODE OF THE CITY OF WICHITA, KANSAS, PERTAINING TO ANIMAL EXHIBITIONS, RODEOS, AND ANIMAL SHOWS AND REPEALING SECTION 3.08.040 OF THE CODE OF THE CITY OF WICHITA, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. Section 3.09.010 of the Code of the City of Wichita, Kansas, shall read as follows: "Definitions. (1) 'Animal Exhibition' means a show or exhibition with domestic animals, wild animals, or dangerous wild animals where no contact is permitted by law between spectators and the animals. (2) 'Animals' means domestic animals, wild animals and dangerous wild animals as defined in this section. (3) 'Dangerous wild animals' means, including, but limited to coyotes, bobcats, foxes, wolves, lions, tigers, leopards, jaguars, cheetahs, mountain lions, or any hybrid thereof; bears or any hybrid thereof; other carnivorous animals of a similar nature and species and venomous reptiles. (4) 'Director of Central Inspection' means the Superintendent of the Office Of Central Inspection of the City of Wichita, or his/her designee. (5) 'Director of Environmental Services' means the director of the Department Of Environmental Services of the City of Wichita or his/her designee. (6) 'Domestic Animal' means cattle, swine, sheep, goats, horses, mules, domesticated deer, all creatures of the Pratite family that are not indigenous to this state, including, but not limited to, ostriches, emus, and rheas. (7) 'Domesticated deer' means any member of the family Cervidae which was legally obtained and is being sold or raised in a confined area for breeding stock, for any carcass, skin or part of such animal; for exhibitions or for companionship. (8) 'Indoor Rodeo' means a rodeo in which all parties, competitions, exhibitions and/or demonstrations are conducted inside buildings or structures that are covered by roofs, and which are fully enclosed by solid walls and closeable openings, such as windows and doors. Outdoor loading, unloading and temporary penning of livestock into and from the indoor facility or facilities is allowed. An indoor rodeo may include outdoor storage of livestock, but shall not include any outdoor practices, competitions, exhibitions and/or demonstrations. (9) 'Outdoor Rodeo' means a rodeo in which any or all practices, competitions, exhibitions and/or demonstrations, and any related livestock storage, are conducted outside of buildings or structures as defined by 'indoor rodeo'. (10) 'Petting Zoo' means a show or exhibit of domestic animals on exhibition for physical contact with humans. (11) 'Rodeo' means a competition, exhibition or demonstration involving persons, equines and/or bovines in which participants display various skills in one or more events such as, but not limited to, bareback riding, saddle bronco riding, steer wrestling, roping, team roping, tie-down roping, team penning, barrel racing, bull riding or similar events. (12) 'Wild Animals' means non-domesticated animals, birds and reptiles which are native to North America. Such term does not include dangerous wild animals as defined in this section." SECTION 2. Section 3.09.020 of the Code of the City of Wichita, Kansas, shall read as follows: "License Required. 1. It shall be unlawful for any rodeo, animal exhibition or petting zoo to exhibit, conduct or carry on any exhibition, show or event without obtaining a license for such exhibition, show or event. 2. No license shall be issued for an outdoor rodeo, except for rodeos conducted on property owned by the City of Wichita or Sedgwick County. Outdoor rodeos held on property owned by the City of Wichita or Sedgwick County shall comply with the requirements of Chapter 3.11 of the Code of the City of Wichita relating to Community Events. 4. No license shall be issued for any animal exhibition of any dangerous wild animal, as defined by this section, except as allowed by Section 6.08.020 of the Code of the City of Wichita. EXCEPTIONS: The provisions of this chapter shall not apply to: a. Institutions accredited by the American Zoo and Aquarium Association or the Zoological Association of America; b. The Kansas Department of Wildlife and Parks; c. A licensed or accredited research, veterinary or medical institution; d. A United States Department of Agriculture licensed exhibition of dangerous wild animals while transporting such animals as part of a circus, carnival, rodeo or fair." SECTION 3. Section 3.09.030 of the Code of the City of Wichita, Kansas, shall read as follows: "License Fees. (a) An application for a rodeo, animal exhibition or petting zoo shall be accompanied by a license application fee. A license may be issued by the day, weekly or annually. The fees for such licenses shall be as follows: Daily $100.00 Weekly $300.00 Yearly $500.00 (b) A license shall be valid and effective only for the dates and times of operation set forth in the license. No exhibition or event may be conducted during any hours or other dates." SECTION 4. Section 3.09.040 of the Code of the City of Wichita, Kansas, shall read as follows: "License Nontransferable. A license is not transferable to any other person, nonprofit or business entity, and cannot be used at a location other than those listed on the application and approved for licensing." SECTION 5. Section 3.09.050 of the Code of the City of Wichita, Kansas shall read as follows: "License Application. An application for a rodeo, animal exhibition or petting zoo license shall be obtained from the City Treasurer's Office. The application shall contain the following information: a. The name, date of birth and address of the applicant, or if the applicant is a nonprofit or business entity, the names, residential addresses and personal information of those persons authorized to execute contracts on behalf of the entity; b. If the applicant is a corporation, or other entitity obligated to register the the state or local government in its home state, the name and permanent address of that entity's registered agent or office; c. The name and address under which the applicant intends to conduct his, her, or its business; d. The specific dates and times for which events or exhibitions will be conducted; e. A signed statement on behalf of the applicant that the information is true and correct; f. A signed statement on behalf of the applicant to establish that such events or exhibitions will be in compliance with animal control and sanitary waste requirements of the City of Wichita; g. Documentation that the location where the exhibitions, show or events will be held is in compliance with zoning requirements of the Unified Zoning Code of Wichita and Sedgwick County; h. Proof of liability insurance as required by Section 3.09.110; i. Name and address of the licensed veterinarians who are responsible for care and treatment of all animals or livestock to be used in the event or exhibition." SECTION 6. Section 3.09.060 of the Code of the City of Wichita, Kansas, shall read as follows: "Issuance of License. (a) A license for a rodeo, animal exhibition or petting zoo, may be issued only upon completion of the application; payment of the required licensing fees and a showing that the proposed event or exhibition will not be in violation of any state, federal or local law. (b) Applications for a rodeo, animal exhibition or petting zoo shall not be made less than twenty business days before the event, or exhibition. Upon receipt of a properly completed application, the City Treasurer's Office shall forward the application to the appropriate City departments for investigation and recommendation regarding issuance of the license. (c) If a license is not issued, written notice shall be mailed or hand delivered to the applicant indicating the reason for the denial. Such notice shall also set forth information regarding the applicant's right to appeal the denial." SECTION 7. Section 3.09.070 of the Code of the City of Wichita, Kansas, shall read as follows: "Display of License. The licensee shall display the license issued while any activities are being conducted pursuant to the license. The license shall be posted in plain view at the location and made available to law enforcement officers and other enforcement officers for the City of Wichita." SECTION 8. Section 3.09.080 of the Code of the City of Wichita, Kansas, shall read as follows: "Suspension or Revocation of License. (a)The Director of Environmental Services may suspend for a period not to exceed 30 days or may revoke any license issued under this chapter, for any of the following reasons: (1) Fraud, misrepresentation or false statement contained in the application; (2) Failure to pay the appropriate licensing fee; (3) Violation of any of the provisions of this chapter; (4) Violation of any of the provisions of Title 6 of the Code of the City of Wichita or any other state or federal law related to the care and treatment of livestock, domestic or wild animals. (b) The Director of Environmental Services shall notify the licensee of the suspension or revocation of his or her license, setting forth the grounds for such revocations; which shall be mailed by certified mail to the licensee's permanent address appearing on the application or hand delivered to the licensee. (c) Any person aggrieved by the suspension or revocation of a license as provided in this chapter shall have the right of appeal to the Wichita City Council as set forth in Section 3.94.120(b)." SECTION 9. Section 3.09.090 of the Code of the City of Wichita, Kansas, shall read as follows: "Enforcement and Inspection. The Director of Environmental Services or his or her designee and the Superintendent of Central Inspection or his or her designee, are authorized to inspect and approve the licensee's premises to insure compliance with all state and federal laws and the ordinances of the City of Wichita governing public health, safety and welfare." SECTION 10. Section 3.09.100 of the Code of the City of Wichita, Kansas, shall read as follows: "Compliance with Ordinances. All licensees shall comply with all ordinances and regulations of the City of Wichita. A violation of the provisions of this chapter or any ordinance of the City of Wichita shall constitute grounds for revocation or suspension." SECTION 11. Section 3.09.110 of the Code of the City of Wichita, Kansas, shall read as follows: "Insurance Requirement. All licensees, except petting zoos, shall provide proof of and maintain liability insurance coverage or secure a bond in an amount of not less than $250,000 for each occurrence covering destruction of or damage to property and death or bodily injury to a person caused by an animal utilized in or present at any exhibition, show or event. Petting zoos shall provide and maintain liability insurance coverage or secure a bond in an amount of not less than $100,000 for each occurrence covering destruction of or damage to property and death or bodily injury to a person caused by an animal utilized in or present at exhibition, show or event. Such policy must name the city and the Department of Environmental Services as additional insureds prior to the exhibition, show or event. Any insurer shall notify the Department of Environmental Services, in writing, of any expiration, reduction or cancellation of liability insurance required by this subsection not later than ten days before the expiration, reduction or cancellation takes effect. Any surety company who secured the performance of a bond shall notify Department of Environmental Services, in writing, of any expiration, reduction or cancellation of the bond as required by this subsection, not later than ten days before the expiration, reduction or cancellation takes effect." SECTION 12. Section 3.09.120 of the Code of the City of Wichita, Kansas, shall read as follows: "Operation Regulations. All rodeos, animal exhibitions or petting zoos shall conform to the following regulations and requirements: 1. Animals shall be maintained and treated in accordance with Chapter 6.04 of the Code of the City of Wichita. 2. Rodeo animals that are to be ridden, roped, raced, displayed or otherwise participate in rodeo events or shows must be penned in by fencing materials that meet generally accepted industry standards and are normally used to confine livestock. 3. All animals must be fenced, caged, or penned in an enclosure of sufficient strength and design for the purpose of maintaining or transporting the animal. 4. Animals must not be used in any form of live entertainment where the animal is likely to be caused undue distress or result in injury or death. 5. All animals transported into the City of Wichita, must comply with the provisions of K.S.A. 47-607, et seq. 6. All cages, pens, stalls or other areas where animals are maintained or exhibited shall be cleaned daily. Manure and other refuse shall be disposed of as provided in Chapter 6.12 of the Code of the City of Wichita. 7. The licensee and/or the operator of any exhibition, rodeo event, or show shall make available upon demand of any employee of the Department of Environmental Services all documentation regarding vaccinations, health, ownership and veterinary care for each animal exhibited. 8. All animals or livestock used, ridden, shown or exhibited by a licensee shall be treated humanely. All operations, events, shows and exhibitions must comply with K.S.A. 21-4310 and Section 6.04.035 of the Code of the City of Wichita. 9. Law enforcement shall be immediately notified of the escape of any animal. The licensee shall be liable for any costs incurred by the City of Wichita or other governmental agency resulting from the escape of an animal unless the escape is due to a criminal act by another person or a natural event. 10. Any animal injured in any rodeo, show or exhibition shall be given immediate care by a qualified, licensed veterinarian. Licensees and exhibitors shall have a written protocol for first aid and medical attention in the event of an injury. Exhibitors and operators shall maintain appropriate first aid equipment and supplies at an exhibition, event, or show. 11. The licensee shall file a report with the Department of Environmental Services of any bite on a human by any animal exhibited. Such report shall contain the necessary information as required by Chapter 6.04. 12. Any petting zoo which allows physical contact between patrons and spectators and the animals, must comply with the following requirements: a. Signs must be placed at the entrance and exit of the exhibit to educate the public regarding the risk of transmission of diseases from farm animals to humans. b. Animal contact is not allowed where food or beverages are being prepared, sold or served. c. Hand-washing stations must be provided. d. Eating, drinking and smoking shall not be permitted in areas where interaction with animals is permitted. e. Only food provided by the animal exhibitor may be fed to the animals. Animal food shall not be provided in containers that are human food items. 13. No physical contact is allowed between patrons and dangerous wild animals. 14. No physical contact is allowed between patrons and wild animals. 15. Licensees shall have a veterinarian on site or immediately available (on call) during any performance or exhibition. 16. No dangerous wild animal shall be allowed to be tethered, leashed or chained outdoors or allowed to run at large. 17. A dangerous wild animal shall not be brought to any public property or commercial or retail establishment, except to bring the animal to a licensed veterinarian or veterinarian clinic." SECTION 13. Section 3.09.130 of the Code of the City of Wichita, Kansas, shall read as follows: "Violations, penalty. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500). Each day that any violation of this chapter continues shall constitute a separate offense and shall be punishable hereunder as a separate violation." SECTION 14. Section 3.09.140 of the Code of the City of Wichita, Kansas, shall read as follows: "Compliance with state statute. Nothing in this Chapter shall be interpreted to authorize any person licensed hereunder to maintain, transport or exhibit animals in violation of any state statute, nor shall compliance with the provisions of this Chapter relieve any person from compliance with the state statutes regarding the care, maintenance and transportation of livestock or animals." SECTION 15. Section 3.08.040 of the Code of the City of Wichita, Kansas, is hereby repealed. SECTION 16. This ordinance shall be included in the Code of the City of Wichita, Kansas, and shall be effective upon its passage and publication once in the official city paper. PASSED by the governing body of the City of Wichita, Kansas, this ________ day of _________________, 2006. __________________________________________ Carlos Mayans, Mayor ATTEST: ______________________________ Karen Sublett, City Clerk Approved as to Form: _____________________________ Gary E. Rebenstorf Director of Law Agenda Item No.34. City of Wichita City Council Meeting November 7, 2006 Agenda Report No.06-1114 TO: Mayor and City Council Members SUBJECT: AMENDMENTS TO SECTION 6.08.010, 6.08.020, 6.08.030, 6.08.040, 6.08.060 and 6.08.070 OF THE CODE OF THE CITY OF WICHITA, KANSAS, PERTAINING TO DANGEROUS WILD ANIMALS INITIATED BY: Rodeo Task Force/Office of Central Inspection AGENDA: New Business ______________________________________________________________________________ Recommendation: Approve the ordinances. Background: In 2006, the Kansas Legislature passed Senate Bill 578 regarding the care, treatment and exhibition of dangerous regulated animals. Analysis: The city's ordinances currently prohibit possession of certain dangerous wild animals within the city limits. Exhibition of these animals is allowed only by USDA licensed exhibitors. The new state statute prohibits any physical contact between spectators and dangerous wild animals. Currently, the city code allows contact with wild animals based on the size and age of the animal. The amendments must be passed, in order to bring the city's ordinances into compliance with state law. Municipal ordinances cannot be less restrictive than state statutes. Additionally, the state statute increased the amount of liability insurance requried for dangerous animal exhibits to $250,000. The city's ordinances currently only require $100,000. in coverage. Amendments are also made to the code to have it conform with new licensing ordinances being proposed for rodeos, animal exhibitions and petting zoos. Financial Considerations: None. Goal Impact: Provide a Safe and Secure Community. This amendment will allow environmental services to monitor exhibitions of dangerous wild animals. Legal Considerations: The City of Wichita Law Department has drafted the amended ordinance and approved it as to form. Recommendation/ Actions: It is recommended that the City Council approve first reading of the ordinance. Attachment: Delineated copy of the ordinance. First Published in The Wichita Eagle on ______________ DELINEATED 10/19/2006 ORDINANCE NO._________ AN ORDINANCE AMENDING SECTIONS 6.08.010, 6.08.020, 6.08.030, 6.08.040, 6.08.060 AND 6.08.070 OF THE CODE OF THE CITY OF WICHITA, KANSAS, AND REPEALING THE ORIGINALS OF SECTIONS 6.08.010, 6.08.020, 6.08.030, 6.08.040, 6.08.050, 6.08.060 and 6.08.070 OF THE CODE OF THE CITY OF WICHITA, KANSAS PERTAINING TO DANGEROUS WILD ANIMALS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: Section 1. Section 6.08.010 of the Code of the City of Wichita, Kansas, is hereby amended to read as follows: "Definitions. As used in this chapter: 'Dangerous exotic wild animals' means, including, but limited to, large carnivorous exotic animals such as those in the families Canidae (e.g., coyotes, foxes, wolves), Felidae (e.g., lions, tigers, bobcats), and Ursidae (bears), and also shall include any poisonous animal. coyotes, bobcats, foxes, wolves, lions, tigers, leopards, jaguars, cheetahs, mountain lions, or any hybrid thereof; bears or any hybrid thereof; other carnivorous animals of a similar nature and species and venomous reptiles. 'Educational exhibit' means an exhibition for education purposes to a school or similar group not open to the general public and involving lions, tigers and bears under the age of six months, which weigh no more than fifty pounds. "Exhibit" means the exhibition of dangerous exotic animals to the public and includes carnivals, circuses, animal acts, zoos and education exhibits, whether or not for compensation. 'Exhibitor' means a person whose business involves the showing or displaying of animals to the public and who is a Class C USDA licensee as defined by 9 C.F.R. § 1.1, as amended. 'Exotic animal' means those animals not indigenous to North America and animals of any species the majority of whose populations are feral. 'Health officer' means the director of the Wichita-Sedgwick County department of community health Environmental Services or his or her authorized representative, including any employee of the Wichita-Sedgwick County department of community health. 'Secondary perimeter' means a fence, rope, elevation separation such as a stage, or some other physical arrangement as may be approved by the health officer by which the public is kept at such a distance from an animal as to avoid accidental or intentional contact with animals. 'USDA license' means a person licensed as a breeder (Class A), dealer (Class B) or exhibitor (Class C) in accordance with 9 C.F.R. § 1.1, et seq., as amended. 'USDA licensed facility' means a facility for the housing of dangerous exotic wild animals operated by a person with an USDA license. 'Veterinary clinic' means a facility for the care and treatment of animals operated by a doctor of veterinary medicine licensed by the state of Kansas. SECTION 2. Section 6.08.020 of the Code of the City of Wichita, Kansas, is amended to read as follows: "Presence in the city prohibited--Exceptions. (a) It is unlawful to exhibit, keep, maintain, control, harbor or possess dangerous exotic wild animals within the corporate limits of the city except in accordance with the provisions of this section. (b) Dangerous exotic wild animals are allowed within the city only under the following circumstances: 1. During exhibitions when under the direct supervision and presence of a person with the appropriate USDA license and in accordance with the requirements of Section 6.08.030; 2. While being transported directly to or from a USDA licensed facility when under the direct supervision and presence of a person with the appropriate USDA license and in accordance with the requirements of Section 6.08.040; 3. While being transported directly to or from a veterinary clinic when under the direct supervision and presence of a person with the appropriate USDA license and in accordance with the requirements of Section 6.08.040; or 4. While being held at a veterinary clinic." SECTION 3. Section 6.08.030 of the Code of the City of Wichita, Kansas, is hereby amended to read as follows: "Exhibition requirements. (a) Only Class C licensees who have registered as exhibitors as required by this chapter shall be allowed to exhibit dangerous exotic wild animals within the city. (b) At least one Class C licensee must be present at all times at each exhibition and in direct physical control of the dangerous exotic wild animals being exhibited. (c) Except for educational exhibits, pPublic contact with dangerous exotic wild animals shall be prevented by a secure enclosure with a secondary perimeter to avoid public contact with the animals. (d) During educational exhibits where a secure enclosure is not used, public contact with dangerous exotic animals shall be prevented by double leashes and a secondary perimeter. The animals shall be under the control of two handlers at least one being a Class C licensee. (e) (d) Exhibitors must notify the health department Environmental Services five working twenty business days prior to any exhibition within the city. The notice shall be in such manner as determined by the health officer and shall include the date, time and location of each exhibition. (f) (e) Prior to the conduct of any exhibition in the city, exhibitors shall file with the health department Environmental Services copies of USDA permits applicable to these regulations. Upon the request of the health officer, prior to, during or following an exhibition, exhibitors shall have available and present to the health department Environmental Services or state health officials copies of health records, vaccination records and ownership records for the dangerous exotic wild animals exhibited. (g) (f) Exhibitors shall have a written protocol for first aid and medical attention in the event of an injury caused during exhibitions. Exhibitors shall maintain appropriate first aid equipment and supplies at an exhibition. (h) (g) Exhibitors shall maintain liability insurance covering any exhibition in the city in the amount of at least one two hundred fifty thousand dollars ($250,000) and naming the city and the health department Environmental Services as additional insureds. A copy of the insurance shall be provided to the health department Environmental Services prior to the exhibition. Any insurer shall notify Environmental Services, in writing, of any expiration, reduction or cancellation of liability insurance required by this subsection not later than ten days before the expiration, reduction or cancellation takes effect. Any surety company who secures the performance of a bond shall notify Environmental Services, in writing, of any expiration, reduction or cancellation of the bond as required by this subsection, not later than ten days before the expiration, reduction or cancellation takes effect. (h) All exhibitors shall comply with the requirements of Section 3.09.120 regarding care and maintenance of any dangerous wild animal. (i) All exhibitors shall be required to obtain an animal exhibition license pursuant to Section 3.09.020 of the Code of the City of Wichita." SECTION 4. Section 6.08.040 of the Code of the City of Wichita, Kansas, is hereby amended to read as follows: "Transportation. (a) Exhibitions. Dangerous exotic wild animals transported to or from an exhibition in the city shall be under the direct physical control of a Class C licensee and contained in a secure cage inside an enclosed vehicle so as to prevent accidental or intentional contact with the public. (b) Veterinary Clinic. Dangerous exotic wild animals transported to or from a veterinary clinic in the city shall be under the direct physical control of a person with an USDA license and contained in a secure cage inside an enclosed vehicle so as to prevent accidental or intentional contact with the public." SECTION 5. Section 6.08.050 of the Code of the City of Wichita, Kansas, is hereby repealed:. "Registration. (a) Any exhibitor proposing to conduct an exhibition in the city shall register with the health department with such information as reasonably determined by the health officer. (b) An annual registration fee of one hundred dollars shall accompany registration. (c) Registration under this chapter shall be deemed sufficient for the requirements of those exhibits subject to the wild animal exhibition portion of Section 3.08.040." SECTION 6. Section 6.08.060 of the Code of the City of Wichita, Kansas, is hereby amended to read as follows: "Authorization. (a) The health department Environmental Services shall make such rules and regulations as shall be reasonable and necessary to carry out the provisions of this chapter. This shall include the necessary forms, first aid and medical protocols, and informational material necessary for the registration of exhibitors, conduct of exhibitions and enforcement. (b) The health department Environmental Services shall require the filing of bite reports pertaining to dangerous exotic wild animals consistent with those of Chapter 6.04. (c) The health officer shall be responsible for the enforcement of this chapter and is authorized to make such investigation, to issue notices, orders and directions as are necessary for such enforcement, and shall register exhibitors as herein required." SECTION 7. Section 6.08.070 of the Code of the City of Wichita, Kansas, is hereby amended to read as follows: "Hearings. Any person affected by any interpretation or requirement of the health department Environmental Services or any administrative penalty ordered under this chapter may, within ten days of such, request in writing a hearing before the health officer to show cause why such should be modified or made to not apply to such person. The health officer or his or her designee shall hold the requested hearing as soon as practice practicable after receiving the request, at which time the person affected shall have an opportunity to be heard. At the conclusion of the hearing, the health officer shall issue a written response to the person. SECTION 8. The originals of Sections 6.08.010, 6.08.020, 6.08.030, 6.08.040, 6.08.050, 6.08.060 and 6.08.070 of the Code of the City of Wichita, Kansas, are hereby repealed. SECTION 9. This ordinance shall be included in the Code of the City of Wichita, Kansas, and shall be effective upon its passage and publication once in the official city paper. PASSED by the governing body of the City of Wichita, Kansas, this ________ day of _________________, 2006. __________________________________________ Carlos Mayans, Mayor ATTEST: ______________________________ Karen Sublett, City Clerk Approved as to Form: ______________________________ Gary E. Rebenstorf Director of Law First Published in The Wichita Eagle on ______________ DELINEATED 10/19/2006 ORDINANCE NO._________ AN ORDINANCE AMENDING SECTIONS 6.08.010, 6.08.020, 6.08.030, 6.08.040, 6.08.060 AND 6.08.070 OF THE CODE OF THE CITY OF WICHITA, KANSAS, AND REPEALING THE ORIGINALS OF SECTIONS 6.08.010, 6.08.020, 6.08.030, 6.08.040, 6.08.050, 6.08.060 and 6.08.070 OF THE CODE OF THE CITY OF WICHITA, KANSAS PERTAINING TO DANGEROUS WILD ANIMALS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: Section 1. Section 6.08.010 of the Code of the City of Wichita, Kansas, is hereby amended to read as follows: "Definitions. As used in this chapter: 'Dangerous wild animals' means, including, but limited to, coyotes, bobcats, foxes, wolves, lions, tigers, leopards, jaguars, cheetahs, mountain lions, or any hybrid thereof; bears or any hybrid thereof; other carnivorous animals of a similar nature and species and venomous reptiles. 'Exhibitor' means a person whose business involves the showing or displaying of animals to the public and who is a Class C USDA licensee as defined by 9 C.F.R. § 1.1, as amended. 'Health officer' means the director of Environmental Services or his or her authorized representative. 'Secondary perimeter' means a fence, rope, elevation separation such as a stage, or some other physical arrangement as may be approved by the health officer by which the public is kept at such a distance from an animal as to avoid accidental or intentional contact with animals. 'USDA license' means a person licensed as a breeder (Class A), dealer (Class B) or exhibitor (Class C) in accordance with 9 C.F.R. § 1.1, et seq., as amended. 'USDA licensed facility' means a facility for the housing of dangerous wild animals operated by a person with an USDA license. 'Veterinary clinic' means a facility for the care and treatment of animals operated by a doctor of veterinary medicine licensed by the state of Kansas. SECTION 2. Section 6.08.020 of the Code of the City of Wichita, Kansas, is amended to read as follows: "Presence in the city prohibited--Exceptions. (a) It is unlawful to exhibit, keep, maintain, control, harbor or possess dangerous wild animals within the corporate limits of the city except in accordance with the provisions of this section. (c) Dangerous wild animals are allowed within the city only under the following circumstances: 1. During exhibitions when under the direct supervision and presence of a person with the appropriate USDA license and in accordance with the requirements of Section 6.08.030; 2. While being transported directly to or from a USDA licensed facility when under the direct supervision and presence of a person with the appropriate USDA license and in accordance with the requirements of Section 6.08.040; 3. While being transported directly to or from a veterinary clinic when under the direct supervision and presence of a person with the appropriate USDA license and in accordance with the requirements of Section 6.08.040; or 4. While being held at a veterinary clinic." SECTION 3. Section 6.08.030 of the Code of the City of Wichita, Kansas, is hereby amended to read as follows: "Exhibition requirements. (a) Only Class C licensees who have registered as exhibitors as required by this chapter shall be allowed to exhibit dangerous wild animals within the city. (d) At least one Class C licensee must be present at all times at each exhibition and in direct physical control of the dangerous wild animals being exhibited. (e) Public contact with dangerous wild animals shall be prevented by a secure enclosure with a secondary perimeter to avoid public contact with the animals. (d) Exhibitors must notify Environmental Services twenty business days prior to any exhibition within the city. The notice shall be in such manner as determined by the health officer and shall include the date, time and location of each exhibition. (e) Prior to the conduct of any exhibition in the city, exhibitors shall file with the Environmental Services copies of USDA permits applicable to these regulations. Upon the request of the health officer, prior to, during or following an exhibition, exhibitors shall have available and present to the Environmental Services or state health officials copies of health records, vaccination records and ownership records for the dangerous wild animals exhibited. (f) Exhibitors shall have a written protocol for first aid and medical attention in the event of an injury caused during exhibitions. Exhibitors shall maintain appropriate first aid equipment and supplies at an exhibition. (g) Exhibitors shall maintain liability insurance covering any exhibition in the city in the amount of at least two hundred fifty thousand dollars ($250,000) and naming the city and Environmental Services as additional insureds. A copy of the insurance shall be provided to Environmental Services prior to the exhibition. Any insurer shall notify Environmental Services, in writing, of any expiration, reduction or cancellation of liability insurance required by this subsection not later than ten days before the expiration, reduction or cancellation takes effect. Any surety company who secures the performance of a bond shall notify Environmental Services, in writing, of any expiration, reduction or cancellation of the bond as required by this subsection, not later than ten days before the expiration, reduction or cancellation takes effect. (h) All exhibitors shall comply with the requirements of Section 3.09.120 regarding care and maintenance of any dangerous wild animal. (i) All exhibitors shall be required to obtain an animal exhibition license pursuant to Section 3.09.020 of the Code of the City of Wichita." SECTION 4. Section 6.08.040 of the Code of the City of Wichita, Kansas, is hereby amended to read as follows: "Transportation. (a) Exhibitions. Dangerous wild animals transported to or from an exhibition in the city shall be under the direct physical control of a Class C licensee and contained in a secure cage inside an enclosed vehicle so as to prevent accidental or intentional contact with the public. (b) Veterinary Clinic. Dangerous wild animals transported to or from a veterinary clinic in the city shall be under the direct physical control of a person with an USDA license and contained in a secure cage inside an enclosed vehicle so as to prevent accidental or intentional contact with the public." SECTION 5. Section 6.08.050 of the Code of the City of Wichita, Kansas, is hereby repealed. SECTION 6. Section 6.08.060 of the Code of the City of Wichita, Kansas, is hereby amended to read as follows: "Authorization. (a) Environmental Services shall make such rules and regulations as shall be reasonable and necessary to carry out the provisions of this chapter. This shall include the necessary forms, first aid and medical protocols, and informational material necessary for the registration of exhibitors, conduct of exhibitions and enforcement. (d) Environmental Services shall require the filing of bite reports pertaining to dangerous wild animals consistent with those of Chapter 6.04. (e) The health officer shall be responsible for the enforcement of this chapter and is authorized to make such investigation, to issue notices, orders and directions as are necessary for such enforcement, and shall register exhibitors as herein required." SECTION 7. Section 6.08.070 of the Code of the City of Wichita, Kansas, is hereby amended to read as follows: "Hearings. Any person affected by any interpretation or requirement of Environmental Services or any administrative penalty ordered under this chapter may, within ten days of such, request in writing a hearing before the health officer to show cause why such should be modified or made to not apply to such person. The health officer or his or her designee shall hold the requested hearing as soon as practicable after receiving the request, at which time the person affected shall have an opportunity to be heard. At the conclusion of the hearing, the health officer shall issue a written response to the person. SECTION 8. The originals of Sections 6.08.010, 6.08.020, 6.08.030, 6.08.040, 6.08.050, 6.08.060 and 6.08.070 of the Code of the City of Wichita, Kansas, are hereby repealed. SECTION 9. This ordinance shall be included in the Code of the City of Wichita, Kansas, and shall be effective upon its passage and publication once in the official city paper. PASSED by the governing body of the City of Wichita, Kansas, this ________ day of _________________, 2006. __________________________________________ Carlos Mayans, Mayor ATTEST: ______________________________ Karen Sublett, City Clerk Approved as to Form: ______________________________ Gary E. Rebenstorf Director of Law Agenda Item No. 35. City of Wichita City Council Meeting November 7, 2006 Agenda Report 06-1115 TO: Mayor and City Council Members SUBJECT: AMENDMENTS TO SECTION 5.10.035 OF THE CODE OF THE CITY OF WICHITA, KANSAS, PERTAINING TO ASSAULT AND BATTERY OF A LAW ENFORCEMENT OFFICER INITIATED BY: Law Department AGENDA: New Business ______________________________________________________________________________ Recommendation: Approve first reading of the ordinance. Background: Currently, the City's code provisions relating to the crime of battery of a law enforcement officer include bodily injury to a law enforcement officer. In 2006, the Kansas legislature passed legislation, which made batteries resulting in bodily injuries to law enforcement officers a felony. The amendment to our ordinance removes the language referring to bodily injury of a law enforcement officer to bring it into compliance with the statute. Analysis: The amendment removes the language referring to bodily injury of a law enforcment officer. The amendment is necessary to bring the city's ordinance into compliance with state law. Financial Considerations: None. Goal Impact: Provide a Safe and Secure Community. This amendment will allow the Police Department and Law Department to continue to charge and prosecute violations of the city code for these offenses. Legal Considerations: The City of Wichita Law Department drafted the amended ordinance and approved them as to form. Recommendation/ Actions: It is recommended that the City Council approve first reading of the ordinance. Attachment: Delineated copy of the ordinance. First Published in The Wichita Eagle on _____________________ DELINEATED 10/11/06 ORDINANCE NO._________ AN ORDINANCE AMENDING SECTION 5.10.035 OF THE CODE OF THE CITY OF WICHITA, KANSAS, PERTAINING TO BATTERY OF A LAW ENFORCEMENT OFFICER, AND REPEALING THE ORIGINAL OF SAID SECTION. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: Section 1. Section 5.10.035 of the Code of the City of Wichita, Kansas, is amended to read as follows: "Battery of a Law Enforcement Officer. (a) Any person who, within the corporate limits of the city, (1) intentionally or recklessly causes bodily harm to a uniformed or property identified state, county or city law enforcement officer while such officer is engages in the performance of such officer's duty; or (2) intentionally causes physical contact with a uniformed or properly identified state, county or city law enforcement officer while such officer is engaged in the performance of such office's duty, in a rude, insolent or angry manner, is guilty of a misdemeanor. (b) Every person convicted under this section, shall be punished by fine of not more than two thousand five hundred dollars or one year imprisonment or both such fine and imprisonment; however, upon a second or a subsequent conviction, the court shall impose a mandatory minimum jail sentence of five consecutive days and no person shall be eligible for probation or parole until serving the entire minimum sentence. (c) For the purposes of determining whether a conviction is a first, second, or subsequent conviction in sentencing under this section: (1) "Conviction" includes being convicted of a violation of this section or entering into a deferred judgment agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section. (2) "Conviction" includes being convicted of a violation of a law of this state or of another state or an ordinance of any municipality which prohibits the acts that this section prohibits or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings in a case alleging a violation of such a law or ordinance. (3) Only convictions occurring on or after the date the ordinance codified in this section becomes effective shall be taken into account, but the court may consider other prior convictions in determining the sentence to be imposed within the limits provided. (4) It is irrelevant whether an offense occurred before or after conviction for a previous offense." SECTION 3. The original of Section 5.10.035 of the Code of the City of Wichita, Kansas, is hereby repealed. SECTION 4. This ordinance shall be included in the Code of the City of Wichita, Kansas, and shall be effective upon its passage and publication once in the official city paper. PASSED by the governing body of the City of Wichita, Kansas, this ________ day of _________________, 2006. __________________________________________ Carlos Mayans, Mayor ATTEST: ______________________________ Karen Sublett, City Clerk Approved as to Form: ______________________________ Gary E. Rebenstorf Director of Law First Published in The Wichita Eagle on _____________________ 10/11/06 ORDINANCE NO._________ AN ORDINANCE AMENDING SECTION 5.10.035 OF THE CODE OF THE CITY OF WICHITA, KANSAS, PERTAINING TO BATTERY OF A LAW ENFORCEMENT OFFICER, AND REPEALING THE ORIGINAL OF SAID SECTION. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: Section 1. Section 5.10.035 of the Code of the City of Wichita, Kansas, is amended to read as follows: "Battery of a Law Enforcement Officer. (a) Any person who, within the corporate limits of the city, intentionally causes physical contact with a uniformed or properly identified state, county or city law enforcement officer while such officer is engaged in the performance of such office's duty, in a rude, insolent or angry manner, is guilty of a misdemeanor. (b) Every person convicted under this section, shall be punished by fine of not more than two thousand five hundred dollars or one year imprisonment or both such fine and imprisonment; however, upon a second or a subsequent conviction, the court shall impose a mandatory minimum jail sentence of five consecutive days and no person shall be eligible for probation or parole until serving the entire minimum sentence. (c) For the purposes of determining whether a conviction is a first, second, or subsequent conviction in sentencing under this section: (1) "Conviction" includes being convicted of a violation of this section or entering into a deferred judgment agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section. (2) "Conviction" includes being convicted of a violation of a law of this state or of another state or an ordinance of any municipality which prohibits the acts that this section prohibits or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings in a case alleging a violation of such a law or ordinance. (3) Only convictions occurring on or after the date the ordinance codified in this section becomes effective shall be taken into account, but the court may consider other prior convictions in determining the sentence to be imposed within the limits provided. (4) It is irrelevant whether an offense occurred before or after conviction for a previous offense." SECTION 3. The original of Section 5.10.035 of the Code of the City of Wichita, Kansas, is hereby repealed. SECTION 4. This ordinance shall be included in the Code of the City of Wichita, Kansas, and shall be effective upon its passage and publication once in the official city paper. PASSED by the governing body of the City of Wichita, Kansas, this ________ day of _________________, 2006. __________________________________________ Carlos Mayans, Mayor ATTEST: ______________________________ Karen Sublett, City Clerk Approved as to Form: ______________________________ Gary E. Rebenstorf Director of Law Agenda Item No. 36. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1116 TO: Mayor and City Council Members SUBJECT: AMENDMENTS TO SECTION 5.88.010 OF THE CODE OF THE CITY OF WICHITA, KANSAS, PERTAINING TO UNLAWFUL USE OF WEAPONS. INITIATED BY: Law Department AGENDA: New Business ______________________________________________________________________________ Recommendation: Place the ordinance on first reading. Background: Pursuant to Senate Bill No. 418 and House Bill No. 2118, the Personal and Family Protection Act was created, which initiated a concealed carry law in the State of Kansas. The Kansas Legislature amended K.S.A. 21-4201, Unlawful Use of Weapons, allowing for an exemption to the provisions related to unlawful possession of a concealed firearm, recognizing that the Act allowed the possession of concealed firearms for those duly licensed. Essentially, the Act allows the State to issue permits for those that meet certain qualifications, to carry concealed firearms, and protects those licensed from being criminally charged with possession of a concealed weapon if done in accordance with the mandates of the Act. The City is mandated by both bills to create an exemption for those with concealed carry permits, who are in possession of a concealed firearm. Thus, City of Wichita Ordinance No. 5.88.010, Unlawful Use of Weapons, must be amended to comply with the legislative mandate, authorizing an exemption for those carrying a concealed weapon in accordance with the Personal and Family Protection Act. Analysis: The amendments to City of Wichita Ordinance 5.88.010 must be passed, in order to comply with the legislative mandate of Senate Bill No. 418 and House Bill No. 2118, that there be an exemption from prosecution for those carrying a concealed firearm, while having a permit issued pursuant to the Personal and Family Protection Act. Financial Considerations: None. Goal Impact: Provide a Safe and Secure Community. This amendment will allow the Police Department and Law Department to continue to charge and prosecute violations of Unlawful Use of Weapons. Legal Considerations: The City of Wichita Law Department drafted the amended ordinance and approved it as to form. Recommendations/Actions: Place the ordinance on first reading. First Published in The Wichita Eagle on ____________________) November 7, 2006 Delineated ORDINANCE NO. AN ORDINANCE AMENDING SECTION 5.88.010 OF THE CODE OF THE CITY OF WICHITA, KANSAS, PERTAINING TO THE CRIME OF UNLAWFUL USE OF WEAPONS AND REPEAL OF THE ORIGINAL SECTION 5.88.010 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: Section 1. 5.88.010 of the Code of the City of Wichita, Kansas, shall read as follows: (1) Unlawful use of a weapon is knowingly: (a) Selling, manufacturing, purchasing, possessing or carrying any bludgeon, sandclub, metal knuckles or throwing star, or any knife, commonly referred to as a switch-blade, which, having the appearance of a pocket knife, also has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or by other mechanical contrivance, or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement; (b) Carrying concealed on one's person, or possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slingshot, nightstick, nun-chucks, sap gloves, tomahawk, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly instrument of like character, except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife or a dangerous or deadly weapon or instrument; (c) Carrying unconcealed on one's person or in any vehicle under one's immediate control, with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slingshot, nightstick, nunchucks, sap gloves, tomahawk, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly instrument of like character, except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife or a dangerous or deadly weapon or instrument; (d) Carrying any pistol, revolver or other firearm concealed on one's person except when on one's land or in one's abode or fixed place of business; (e) Carrying on one's person any unconcealed, loaded firearm, except when on one's land or in one's abode or fixed place of business; (f) Carrying in any vehicle under one's immediate control, any loaded firearm, except when on one's land or in one's abode or fixed place of business; (g) Carrying in any air, land or water vehicle an unloaded firearm that is not encased in a container which completely encloses the firearm; (h) Carrying a loaded or unloaded firearm in a courtroom or within City Hall; (i) Drawing a pistol, revolver, knife or any other deadly weapon upon any person. (j) As used in this section, "throwing star" means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape, manufactured for use as a weapon for throwing. (2) Subsections (1)(a), (b), (c), (d), (e), (f) and (g), (h), and (i) of this subsection shall not apply to or affect any of the following: (a) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer; (b) Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of a crime, while acting within the scope of their authority; (c) Members of the armed services or reserve forces of the United States or the Kansas National Guard while in the performance of their official duty; or (d) Manufacture of, transportation to, or sale of weapons to a person authorized under (a) through (c) of this subsection to possess such weapons. (e) Qualified law enforcement officers or qualified retired law enforcement officers pursuant to the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926B and 18 U.S.C. 926C and amendments thereto. (3) Subsection (1)(d), (e) and (f) of this section shall not apply to or affect the following: (a) Watchmen, while actually engaged in the performance of the duties of their employment; (b) Private detectives licensed by the state to carry the firearm involved while actually engaged in the duties of their employment; (c) Detectives or special agents regularly employed by railroad companies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment; or (d) The State Fire Marshal, the State Fire Marshal's deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto. (e) Special deputy sheriffs described in K.S.A. 2001 Supp. 19-827, and amendments thereto, who have satisfactorily completed the basic course of instruction required for permanent appointment as a part-time law enforcement officer under K.S.A. 74-5607a and amendments thereto. (4) Subsection (1)(i) of this section shall not apply to or affect historical reenactors and actors when engaged in performances and demonstrations. Provided, however, this subsection shall only apply to those performances and demonstrations which have been approved in advance in writing by the city manager or his designee. (5) Subsection (1) (a) (d), (e), (f) and (g) shall not apply to any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 U.S.C. 5841 et seq. in the name of such person and, if such person transfers such firearm, device or attachment to another person, has been so registered in the transferee's name by the transferor. (6) Subsections 1(d) and 1 (f) shall not apply to any person authorized to carry a concealed firearm pursuant to the Personal and Family Protection Act, Chapter 32 and Chapter 210, of the 2006 Session Laws of Kansas and amendments thereto. (6) (7) It shall be an affirmative a defense that the defendant is within an exemption. (7) (8) Any person who violates any of the provisions of this section within the corporate limits of the city shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed two thousand five hundred dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. (8) (9) In addition to the penalty for violation of any of the provisions of this section, it shall be the duty of the municipal court judge: (a) To order any weapon seized in connection with such violation which is not a firearm to be forfeited to the city and the same shall be destroyed or caused to be destroyed by the chief of police whenever the weapon is no longer needed for evidence; (b) To order any weapon seized in connection with such violation when no longer needed for evidentiary purposes, shall, in the discretion of the trial court, be: (i) Destroyed: (ii) Forfeited to the Wichita police department for use within the police department, for sale to a properly licensed federal firearms dealer or for trading to a properly licensed federal firearms dealer by the police department for other new or used firearms or accessories for the police department's use; or (iii) Forfeited to the Kansas Bureau of Investigation for law enforcement, testing, comparison or destruction by the Kansas Bureau of Investigation forensic laboratory. If weapons are sold as authorized above, the proceeds from any such sale shall be credited to the asset seizure and forfeiture fund of the Wichita police department. All transactions involving weapons disposed of under this subsection must have the prior approval of the city manager. All sales of weapons are subject to review by the city council; (c) Any stolen weapon confiscated in connection with any violation of this section other than subdivision (a) of this subsection shall be returned to the person entitled to possession, if known, when the same is no longer needed for evidence. All other weapons shall be disposed of as provided in subsection (7) (9) (a) and (b) above. of this section. Section 2. The original of Section 5.88.010 of the Code of the City of Wichita, Kansas, is hereby repealed. Section 3. This ordinance shall be included in the Code of the City of Wichita, Kansas, and shall be effective upon its passage and publication once in the official city paper. PASSED by the governing body of the City of Wichita, Kansas, this ________ day of _________________, 2006. _________________________________ Carlos Mayans, Mayor ATTEST: ______________________________ Karen Sublett, City Clerk Approved as to Form: ______________________________ Gary E. Rebenstorf Director of Law (First Published in The Wichita Eagle on ____________________) November 7, 2006 040006 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 5.88.010 OF THE CODE OF THE CITY OF WICHITA, KANSAS, PERTAINING TO THE CRIME OF UNLAWFUL USE OF WEAPONS AND REPEAL OF THE ORIGINAL SECTION 5.88.010 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: Section 1. 5.88.010 of the Code of the City of Wichita, Kansas, shall read as follows: (1) Unlawful use of a weapon is knowingly: (a) Selling, manufacturing, purchasing, possessing or carrying any bludgeon, sandclub, metal knuckles or throwing star, or any knife, commonly referred to as a switch-blade, which, having the appearance of a pocket knife, also has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or by other mechanical contrivance, or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement; (b) Carrying concealed on one's person, or possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slingshot, nightstick, nun-chucks, sap gloves, tomahawk, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly instrument of like character, except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife or a dangerous or deadly weapon or instrument; (c) Carrying unconcealed on one's person or in any vehicle under one's immediate control, with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slingshot, nightstick, nunchucks, sap gloves, tomahawk, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly instrument of like character, except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife or a dangerous or deadly weapon or instrument; (d) Carrying any pistol, revolver or other firearm concealed on one's person except when on one's land or in one's abode or fixed place of business; (e) Carrying on one's person any unconcealed, loaded firearm, except when on one's land or in one's abode or fixed place of business; (j) Carrying in any vehicle under one's immediate control, any loaded firearm, except when on one's land or in one's abode or fixed place of business; (k) Carrying in any air, land or water vehicle an unloaded firearm that is not encased in a container which completely encloses the firearm; (l) Carrying a loaded or unloaded firearm in a courtroom or within City Hall; (i) Drawing a pistol, revolver, knife or any other deadly weapon upon any person. (j) As used in this section, "throwing star" means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape, manufactured for use as a weapon for throwing. (2) Subsections (1)(a), (b), (c), (d), (e), (f) and (g), (h), and (i) of this subsection shall not apply to or affect any of the following: (a) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer; (b) Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of a crime, while acting within the scope of their authority; (c) Members of the armed services or reserve forces of the United States or the Kansas National Guard while in the performance of their official duty; or (f) Manufacture of, transportation to, or sale of weapons to a person authorized under (a) through (c) of this subsection to possess such weapons. (g) Qualified law enforcement officers or qualified retired law enforcement officers pursuant to the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926B and 18 U.S.C. 926C and amendments thereto. (3) Subsection (1)(d), (e) and (f) of this section shall not apply to or affect the following: (a) Watchmen, while actually engaged in the performance of the duties of their employment; (b) Private detectives licensed by the state to carry the firearm involved while actually engaged in the duties of their employment; (c) Detectives or special agents regularly employed by railroad companies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment; or (d) The State Fire Marshal, the State Fire Marshal's deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto. (e) Special deputy sheriffs described in K.S.A. 2001 Supp. 19-827, and amendments thereto, who have satisfactorily completed the basic course of instruction required for permanent appointment as a part-time law enforcement officer under K.S.A. 74-5607a and amendments thereto. (4) Subsection (1)(i) of this section shall not apply to or affect historical reenactors and actors when engaged in performances and demonstrations. Provided, however, this subsection shall only apply to those performances and demonstrations which have been approved in advance in writing by the city manager or his designee. (5) Subsection (1) (d), (e), (f), and (g) shall not apply to any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 U.S.C. 5841 et seq. in the name of such person and, if such person transfers such firearm, device or attachment to another person, has been so registered in the transferee's name by the transferor. (6) Subsections 1(d) and 1 (f) shall not apply to any person authorized to carry a concealed firearm pursuant to the Personal and Family Protection Act, Chapter 32 and Chapter 210, of the 2006 Session Laws of Kansas and amendments thereto. (7) It shall be a defense that the defendant is within an exemption. (8) Any person who violates any of the provisions of this section within the corporate limits of the city shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed two thousand five hundred dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. (9) In addition to the penalty for violation of any of the provisions of this section, it shall be the duty of the municipal court judge: (a) To order any weapon seized in connection with such violation which is not a firearm to be forfeited to the city and the same shall be destroyed or caused to be destroyed by the chief of police whenever the weapon is no longer needed for evidence; (c) To order any weapon seized in connection with such violation when no longer needed for evidentiary purposes, shall, in the discretion of the trial court, be: (m) Destroyed: (ii) Forfeited to the Wichita police department for use within the police department, for sale to a properly licensed federal firearms dealer or for trading to a properly licensed federal firearms dealer by the police department for other new or used firearms or accessories for the police department's use; or (iii) Forfeited to the Kansas Bureau of Investigation for law enforcement, testing, comparison or destruction by the Kansas Bureau of Investigation forensic laboratory. If weapons are sold as authorized above, the proceeds from any such sale shall be credited to the asset seizure and forfeiture fund of the Wichita police department. All transactions involving weapons disposed of under this subsection must have the prior approval of the city manager. All sales of weapons are subject to review by the city council; (c) Any stolen weapon confiscated in connection with any violation of this section other than subdivision (a) of this subsection shall be returned to the person entitled to possession, if known, when the same is no longer needed for evidence. All other weapons shall be disposed of as provided in subsection (9)(a) and (b) of this section. Section 2. The original of Section 5.88.010 of the Code of the City of Wichita, Kansas, is hereby repealed. Section 3. This ordinance shall be included in the Code of the City of Wichita, Kansas, and shall be effective upon its passage and publication once in the official city paper. PASSED by the governing body of the City of Wichita, Kansas, this ________ day of _________________, 2006. _________________________________ Carlos Mayans, Mayor ATTEST: ______________________________ Karen Sublett, City Clerk Approved as to Form: ______________________________ Gary E. Rebenstorf Director of Law Agenda Item No. 37. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1117 TO: Mayor and City Council SUBJECT: Agreement with IAFF-Represented Airport Safety Personnel INITIATED BY: Law Department AGENDA: New Business ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? - - - - - - - - - - - - - - - - - - - - - - - Recommendation: Approve agreement with the International Association of Firefighters (IAFF) regarding Airport Safety Lieutenants and Captains. Background: On September 23, 2005, the Public Employees Relations Board entered an order that permitted the IAFF to represent certain employees at the airport, specifically, Airport Safety Lieutenants and Captains. The parties have now agreed to the terms of employment for these personnel. Analysis: The agreement between the IAFF and the City of Wichita provides the terms of employment through December 16, 2006. It includes a retroactive increase, effective December 17, 2005. Financial Considerations: The cost of this agreement is less than $40,000 through December 16, 2006. The existing Airport's budget can absorb the expense and will be the source of the funds; the Finance Department concurs. Goal Impact: Provide a Safe and Secure Community. Legal Considerations: The Law Department has approved the agreement and is initiating this item before the City Council. Recommendations/Actions: It is recommended that the City Council approve the agreement and authorize the necessary signatures. Attachments: Agreement between the IAFF and the City of Wichita. Agenda Item No. 38. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1118 TO: Mayor and City Council SUBJECT: Amendments to Exempt Salary and Classification Ordinances to Implement New Pay Plan INITIATED BY: Human Resources AGENDA: New Business Recommendation: Approve the amended ordinances. Background: Salary and Classification Ordinances set the rates of pay for City pay ranges and establish job classifications for all City positions. The main objectives of the Fox Lawson & Associates study of the exempt and management pay plan were to: create an up-to-date job structure for these positions that reduces the number of classifications; update the salary structure which had not been studied for 13 years; and implement a more objective method of evaluating jobs for placement in the structure. Additionally, strengthening the practice of pay-for-performance (within budget limitations) is compatible with the new broadbanding classification structure, although neither is dependent on the other. The broadbands are based upon decision-making skills allowing more flexibility to adjust work activities to address the priorities set by the City Council. The main steps in approaching these objectives were: (1) thoroughly study and evaluate the current classifications; (2) create a new job structure based on relative value of the jobs; (3) re-introduce the job market for these positions into the salary schedule; and (4) create a new pay plan combining the job structure with the market study. These steps involved participation by virtually all of the nearly 500 employees involved through questionnaires and occupational panels. The top management Strategy Group guided the project by setting its most important parameters and standards, and making final review of recommendations. The employee Steering Committee reviewed all significant steps in the project and recommended appropriate revisions, virtually all of which were adopted. An appeals process through the Department of Human Resources, the Strategy Group and the City Manager enabled departments to obtain additional consideration of decisions. Council approved selecting the consultant, Fox Lawson and Associates, and has discussed the project in several workshops. Revisions have been made to the job structure and pay plan as a result of input from these workshops. The objectives of the project have been substantially achieved. The reduction in the number of classifications, results of the market study, and the new job evaluation system (Decision Band Method) have been presented in the workshops. Therefore, amended Exempt Classification and Exempt Salary Ordinances are submitted to implement the new plan. Analysis: The new job structure is completed and the classifications are shown in the Exempt Classification Ordinance. Many single-person classifications have been incorporated into broader classifications, and numerous other changes in internal job relationships have been made. The Strategy Group and Steering Committee support this structure. Appeals have been resolved. The intention is that no reclassification requests involving these positions will be considered for one year after adoption. These rankings have been so thoroughly evaluated and reviewed that reconsideration should not be necessary for some time unless there is a very unusual circumstance. Fox Lawson recommended the original salary structure after an extensive study of peer cities and other government agencies salaries for benchmark positions. Adjustments were made for economic factors in comparing the respondents. After discussions with Council and further financial analysis, changes are recommended in the pay ranges to more accurately reflect the local market and City recruiting patterns for some positions, and thereby reducing the number of employees needing raises to reach the minimum of their new pay range. While recognizing that some occupational groups were undervalued in the current pay plan, consensus was that the original adjustments for that were excessive. In the amended Exempt Salary Ordinance, the recommended range minimum salaries were reduced by 12%. Because the most extreme adjustments occurred in lower ranges, the minimums for ranges C44/C51 and below were reduced an additional 4%. No changes in the maximum of the new ranges are recommended; these more accurately reflect the market. These adjustments almost eliminated the cost to implement the new plan (see Financial Considerations). They also reduce the pay compression effect of raising less experienced employees' salaries substantially to the new range minimum, while more experienced employees' salaries remained the same because that adjustment was not necessary. Two ordinances are submitted to implement these changes: 1. Exempt Salary Ordinance - This establishes the salary schedule for new exempt pay ranges: B31, B32, C41, C42, C43, C44/C51, C45/C52, D61, D62, D63, E81, E82, and E83. This structure does not include the City Manager or Municipal Court Judges; these salaries are set by Council under a separate ordinance. No change to that ordinance is needed at this time. 3. Exempt Classification Ordinance - This establishes the new job classifications and salary range assignments. Financial Considerations: The estimated cost of the raises noted above is $6,600. This cost can be absorbed within the affected departments' budgets. Goal Impact: As a human resources and financial issue, goal impact falls under Internal Perspective. Legal Considerations: The Department of Law has reviewed the ordinance and approved as to form. Recommendations/Actions: It is recommended that the City Council adopt the amendments and place the ordinances on first reading. Attachments: Exempt Classification Ordinance Exempt Salary Ordinance ORDINANCE NO. AN ORDINANCE ESTABLISHING POSITION CLASSIFICATIONS FOR EXEMPT EMPLOYEES OF THE CITY OF WICHITA AND PRESCRIBING PAY RATES BY REFERENCE TO POSITION CLASSIFICATIONS IN THE SCHEDULE OF PAY RANGES REPEALING ORDINANCE NO. 46-865. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA: SECTION 1. The rates of pay for all positions allocated to the classifications below are prescribed according to the following schedule. Classification Pay Range Numbers Accountant C41 Assistant City Attorney I C43 Assistant City Attorney II C44/C51 Assistant City Attorney III C45/C52 Assistant City Manager E83 Assistant Department Director D71 - D72 Assistant Golf Professional B32 Assistant Pension Manager C43 Assistant Recreation Supervisor C41 Assistant Traffic Engineer C44/C51 Associate Engineer C42 Associate Planner C41 Budget Analyst C42 Budget Officer D62 Buyer C41 Chief, Airport Public Safety D62 Chief Deputy City Attorney D72 Chief Probation Officer C44/C51 Chief Prosecutor D61 City Treasurer D63 Civil Engineer C43 Communications Specialist C41 Controller D62 Department Director E81 - E83 Classification Pay Range Numbers Deputy Chief, Airport Public Safety C45/C52 Deputy City Attorney D71 Deputy Fire Chief D71 Deputy Police Chief D71 Division Manager D71; D61 - D63 Division Supervisor C43 Environmental Quality Specialist C43 Environmental Sciences Administrator C44/C51 Environmental Scientist C41 Environmental Services Program Supervisor C44/C51 Environmental Services Specialist C41 Executive Assistant C41 Fire Battalion Chief D61 Fiscal Analyst C41 Food and Beverage Supervisor C41 General Maintenance Supervisor I C41 - C43 General Maintenance Supervisor II C44/C51 Geologist C44/C51 Golf Professional C42 Housing Manager C45/C52 Housing Specialist C41 Human Resources Specialist C41 Inspection Administrator C44/C51 Inspection Supervisor C43 Librarian C41 Library Manager D61 Management Analyst C41 Municipal Court Clerk C44/C51 Pension Manager C45/C52 Plans Examiner C42 Classification Pay Range Numbers Police Captain D61 Principal Budget Analyst C44/C51 Principal Planner C45/C52 Program Coordinator C44/C51 Program Manager D62 Program Specialist C41 Public Safety Administrator C44/C51 Purchasing Manager D62 Real Estate Administrator C44/C51 Real Estate Analyst C42 Recreation Manager C45/C52 Recreation Supervisor C43 Risk Management Specialist C43 Risk Manager C45/C52 Safety Coordinator C42 Section Engineer D61 Section Supervisor B32 Security Supervisor C42 Senior Accountant C43 Senior Budget Analyst C43 Senior Buyer C43 Senior Communications Specialist C44/C51 Senior Engineer C45/C52 Senior Environmental Scientist C43 Senior Fiscal Analyst C43 Senior Housing Specialist C43 Senior Human Resources Specialist C44/C51 Senior Librarian C44/C51 Senior Management Analyst C44/C51 Senior Planner C43 Classification Pay Range Numbers Senior Plans Examiner C45/C52 Senior Safety Coordinator C43 Senior Systems Analyst C45/C52 Special Projects Coordinator C44/C51 Special Projects Engineer C45/C52 Superintendent of Transportation C44/C51 Support Supervisor B32 Systems Analyst II C42 Systems Analyst III C44/C51 Transit Administrator C45/C52 Transportation Development Coordinator C43 Warehouse Supervisor C41 SECTION 7. Ordinance No. 46-865 is hereby repealed. SECTION 8. This ordinance shall take effect upon its adoption and publication in the official city newspaper. ADOPTED at Wichita, Kansas, this ____________ day of __________ ______________________________________________ Carlos Mayans, Mayor Attest: _______________________________________ ______________________________________________ Karen Sublett, City Clerk Approved as to form: ________________________________________________ Gary E. Rebenstorf, Director of Law Section 10B - Exempt & Management ORDINANCE NO. AN ORDINANCE PROVIDING FOR A UNIFORM SCHEDULE OF STANDARD PAY RANGES FOR EXEMPT EMPLOYEES OF THE CITY OF WICHITA, REPEALING ORDINANCE NO. 46-867 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA: SALARY RANGES SECTION 1. The following pay rates are established for the Exempt & Management Pay Plan. Salaries are expressed in minimum, midpoint and maximum annual rates. Pay Range Minimum Maximum B31 $25,156 $41,927 B32 $30,546 $50,910 C41 $34,326 $59,254 C42 $37,843 $65,324 C43 $41,359 $71,394 C44/C51 $44,847 $80,084 C45/C52 $52,403 $89,324 D61 $55,808 $98,299 D62 $59,348 $104,533 D63 $62,887 $110,767 D71 $66,025 $120,045 D72 $71,237 $129,521 E81 $74,158 $139,046 E82 $77,563 $145,431 E83 $80,970 $151,817 SECTION 2. Other Provisions a. Unless otherwise indicated in the schedule contained in Section 1 above, the pay ranges enumerated in said Sections shall constitute the total pay received by employees, subject to the following exceptions: (1) Commissioned Police Captains shall be allowed up to a maximum of $500.00 annually in department credit or vouchers for replacement of uniforms and/or civilian attire in accordance with departmental policy. This provision does not apply to Deputy Police Chiefs or the Police Chief, or to those civilianized positions that are not required to be in uniform. (2) Commissioned Fire Battalion Chiefs of the Fire Department who are required to wear uniforms while on duty may, at the discretion of the City Manager, be paid up to but not exceeding the additional sum of $450.00 per year, in accordance with the uniform maintenance and allowance program promulgated, administered, and subject to revision and amendment by the City Manager. This provision will not apply to Deputy Fire Chiefs or the Fire Chief. Protective clothing will be furnished to such members of the Fire Department as may be designated by the Director of the Department. Protective clothing shall include bunkers, coats, boots, and any other items which the City Manager may authorize. (3) Uniforms may be prescribed for employees in positions whose duties bring them in frequent contact with the public. Department directors may acquire, with approval of the City Manager, uniforms within budgeted amounts. (4) The City Manager may approve an annual uniform allowance or credit vouchers up to a maximum of $125.00 for other noncommissioned City employees required to wear a standardized uniform in the performance of their assigned duties. The allowance will vary depending upon the actual costs of replacing different kinds of uniforms and departmental policy. The City Manager shall determine which positions will require such uniforms and may revise and amend such determination at his/her discretion. Reimbursement shall be made to eligible employees, of an amount not to exceed $100.00, expended for safety boots that meet the specifications set by the City. The City Manager shall determine which positions are eligible and may revise and amend such determination at his/her discretion. (5) Commissioned Police Captains who have received a degree from a four-year college or university will receive $100.00 per month for a bachelor's degree or $125 per month for a master's degree. The degree must be in Administration of Justice, a related field, or be approved by the Department Director and the City Manager. This provision does not apply to Deputy Police Chiefs or the Police Chief. (6) Police Department personnel who are assigned to duty requiring regular and frequent aerial flights shall be entitled to Hazardous Duty pay not to exceed $100.00 per month for each month in which at least twenty (20) flight hours are logged, under a special allowance program promulgated and administered by the City Manager, which program may be revised and amended at his/her discretion. Police Department personnel who are certified/trained and assigned to bomb duty, clandestine labs, canine and SWAT duty, shall be compensated in addition to their regular pay, $50.00 per pay period. (7) Airport Safety Personnel, and, if not commissioned, the incumbent of the Fire and Medical Rescue Coordinator will receive $35.00 per pay period in addition to their base pay upon satisfactory completion of an accredited Emergency Medical Technician course. (8) Allowance for traveling expenses or for the use of personally owned automobiles or trucks may be made by the City Manager; and such other expenses incurred in, and as part of, official City business as shall be authorized and approved by the City Manager. Any subsistence furnished employees shall be deducted from the gross pay in the amount of the equivalent cash value as determined by the City Manager. (9) In recognition of long and faithful service, the City Manager may approve longevity pay for certain employees in addition to other remuneration received. Such payments may commence upon the completion of six years total accumulative municipal employment, and continue each year thereafter so long as an employee shall remain in the active service of the City. The payment shall be an amount not to exceed $2.00, times the total years of service, per month, e.g., (2.00 X 10 years of service = $20.00 per month payment.) For employees with over eleven years accumulative municipal employment, the payment shall be $5.00 times the total years of service per month, e.g. $5.00 times 12 years of service = $60.00 per month in payment. (10) At the discretion of the City Manager, the maximum of a pay range may be exceeded by not more than 10% for a specified period of time to compensate any Department Director if broader or higher level administrative responsibility is regularly assigned to that position. (11) The Appointing Authority may authorize compensation to employees serving in an acting capacity, at the pay range of such position being filled, when such acting capacity is expected to exceed four weeks. (12) If an employee moves into a new classification due to a reclassification, or if an employee receives a pay range reduction, and if the employee's pay is more than the maximum pay in the new range, the employee's pay will be reduced to the maximum for the new pay range, or the employee may, at the discretion of the City Manager, continue to be paid at his/her current rate. Such employees may not receive further merit or cost of living increases until the pay range equals or exceeds the amount paid the employee. If an employee moves into a higher classification due to a reclassification, and if the employee's pay falls below the minimum of the new range, the employee's pay will be increased to the minimum for the new pay range, or the employee may, at the discretion of the City Manager, continue to be paid at his/her current rate for up to six months following the reclassification. b. In addition to the compensation provided for above, there shall be paid to each employee coming within the provisions of the Kansas Workers' Compensation Act during any period of total disability compensable under said Act for a period not exceeding 90 consecutive calendar days from date of injury, his/her net pay less compensation payments received under the provisions of said Act. c. The City Manager shall certify the classification and compensation of each employee of the City of Wichita, and any change of classification or compensation of any employee. d. The City Manager shall formulate such rules and regulations as shall be necessary to carry out the purposes and intent of this Ordinance, and to establish equitable conditions of employment under the various departments and employees, including all available employee benefits. e. The Human Resources Director shall keep permanent records of the certification of classification and payment as is provided for in this Ordinance. f. The City Manager is authorized to adjust the scheduled pay ranges for specific positions, in an amount not to exceed 10%, to avoid inequities or address compression issues which may arise. In the event the City Manager exercises this authority to adjust the pay ranges, he/she shall make available to the City Council, upon request, information regarding such adjustment, and such adjustments shall be reflected in future general ordinances establishing position classifications and pay rates. g. If the City Manager of the City of Wichita should decide to create a new classification of positions and prescribe payments for such classifications, he/she shall make available a statement of the duties and responsibilities of such classification, together with the proposed compensation for such classification to the City Council upon request. h. The City of Wichita is hereby authorized to withhold from the salaries and wages of its employees such sums as they may designate. i. The City Manager is authorized to establish pay plans for employees who are exempt from the provisions of the Fair Labor Standards Act. The Appointing Authority shall determine the actual pay for each position within the minimum and maximum pay levels for the position. j. Any compensation granted as a bonus or one-time payment to an employee in any retirement plan will not be subject to retirement withholding nor will it be included in the final average salary of a retiring employee. k. Nothing in this Section shall be construed in any way to limit the administrative discretion of the City Manager to, within budgetary limits, increase or decrease pay rates of individual positions within the pay ranges prescribed for the position classifications, provided the certification is made to the Human Resources Director as provided herein. SECTION 4. A listing of the position classifications and their pay ranges, as reflected in the current salary ordinance, is provided by appendix to this Section. SECTION 6. Ordinance No. 46-867 is hereby repealed. SECTION 7. This ordinance shall take effect on December 16, 2006, upon publication in the official city newspaper. ADOPTED at Wichita, Kansas, this __________ day of _______. ___________________________________________ Carlos Mayans, Mayor Attest: _____________________________________ ___________________________________________ Karen Sublett, City Clerk Approved as to form: ___________________________________________ Gary E. Rebenstorf, Director of Law and City Attorney Agenda Item No. 39. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1119 TO: Mayor and City Council SUBJECT: 2007 State Legislative Agenda INITIATED BY: Government Relations AGENDA: New Business Recommendation: Adopt 2007 State Legislative Agenda Background: Following the Sept. 19th Council Workshop presentation of the proposed 2007 state legislative agenda, the Council was surveyed to determine the agenda's top five priorities. Those results, upon approval by the Council, will be presented to the South-Central Kansas legislative delegation on Jan. 4, 2007. Analysis: Each year the City Council adopts a legislative program reflecting the issues of priority that should be addressed by the State Legislature during the 2007 Legislative Session. The City Council was provided with a list of issues to consider and has been asked to rank those issues in order of importance. The City's legislative program is comprised of issues that carry over from the 2006 Legislative session, along with new issues identified by City Departments. Additionally, there are numerous issues that affect other governments or organizations which make up a coalition agenda. Much of the work during the legislative session is monitoring issues as they arise and supporting or defending proposed legislation. The City Council reviewed legislative program and has provided the following input on priorities: TOP FIVE ISSUES: · Affordable Airfares · StopBlight · Business-driven Technical Education · Comprehensive Transportation Plan, · Homeland Security Funding. OTHER ISSUES: · Municipal court issues · STAR bond sunset · Sex Offender restrictions · Library · Franchise Fee Basis · Electronic Signature, Historic Pres · Negotiated Bond Sales · Annexation · Gaming · Alcohol Regulation Financial Considerations: Many legislative issues can have a financial impact on the City of Wichita. City staff work to defeat or mitigate legislation that negatively impacts City revenues and work to support legislation that assists the City with financing government operations and other programs and services of benefit to the community. Goal Impact: The legislative program can impact all of the City council goals. Positive legislative action on agenda items would enhance the City's ability to serve its constituents. Legal Considerations: Position statements and proposals in the 2007 Legislative Program provide support for the City's state goal to preserve its Home Rule authority and to secure legislative authority to enhance and improve government operations and services for the public. Recommendations/Actions: It is recommended that the City Council confirm the top five legislative priorities and endorse the full legislative agenda. Agenda Item No.40. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1120 TO: Mayor and City Council SUBJECT: 2007 Special Liquor Tax Fund Allocations INITIATED BY: City Manager's Office AGENDA: New Business - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Recommendation: Approve funding allocations and development of provider contract/contract renewals based on those allocations. Background: In December of 1999, the City Council set policy guidelines for the use and administration of the Special Liquor Tax dollars received for alcohol and substance abuse prevention and treatment. These policy guidelines were reviewed and reaffirmed at a May 24, 2005 City Council workshop and are being used in the operation and administration of the 2006 Special Liquor Tax Program. The 2006 program has an operating budget of $1,541,409 and uses 15 different organizations to operate 18 projects in the provision of alcohol and substance abuse prevention, treatment, detoxification, case management and administrative services. There is an option to renew current non-administrative providers through the 2007 calendar year. A comprehensive Special Liquor Tax services request for proposals (RFP) will be required in 2007 to procure services for the 2008 calendar year. Adopted policy guidelines also promote the use of Special Liquor Tax funds to encourage providers to develop pilot programs that have promising approaches to alcohol and substance abuse prevention and treatment. At the July 11, 2006 City Council meeting the issuance of an innovative pilot projects RFP was authorized and 12 proposals were received in response to its issuance. Special Liquor Tax Coalition members are appointed to assess Special Liquor Tax Program needs and make program-funding recommendations to the City Council. Staff of COMCARE, which is the program administrative contractor, conducts monitoring of current programs and has reviewed third quarter outcome results with the Coalition. The Coalition has also reviewed the proposals received in response to the innovative pilot projects RFP. Based on these reviews the Coalition is recommending that the Council renew the contracts for 16 current providers and approve the development of four innovative pilot project contracts for a non-administrative 2007 program total of $1,542,980. Analysis: The Special Liquor Tax Coalition recommends the Council approve contract renewal of 16 2006 funded programs. The only currently funded program not recommended for renewal is the Sedgwick County Behavioral Health Center. This program is not recommended for 2007 funding because the Center is merging with COMCARE of Sedgwick County and represents a conflict of interest since COMCARE is the current Special Liquor Tax Fund Administration Contractor. Sedgwick County is willing to relinquish the Behavioral Health Center funding to remain the administration contractor. The Coalition recommends that the $98,865 not used for the contract renewal fund additional innovative program proposals. The four innovative project proposals recommended for 2007 funding include: (1) an Addiction Specialists of Kansas project to provide outpatient alcohol/drug assessment and treatment services to individuals aged 60 and over; (2) a Friends of Recovery Association project to provide a series of workshops, for women housed in three Wichita Oxford houses, on educational topics, domestic violence, expectations, and art therapy; (3) a Regional Prevention Center Safe Streets initiative to provide services to combat the root causes of substance abuse, and its associated problem behaviors, in at-risk children, teens and their families; and (4) a Substance Abuse Center of Kansas (SACK) project to provide substance abuse treatment and case management services, for individuals detained in the Sedgwick County Adult Detention Facility, which are designed to reduce inmate recidivism rates. All four projects contain outcomes based measures, which will be monitored for successful performance. Current Program Renewals 2006 FundingLevel 2007 Recommended Funding Behavioral Health Center $ 98,865 $ 0 Big Brothers/Big Sisters $ 73,400 $ 73,400 Center for Health and Wellness $ 105,527 $ 105,527 Communities in Schools $ 31,652 $ 31,652 Friends of Recovery $ 10,000 $ 10,000 Knox Center $ 34,215 $ 34,215 Mental Health Association/Pathways $ 42,000 $ 42,000 Recovery Concepts (formerly IATS) $ 48,870 $ 48,870 Miracles, Children's Prevention $ 71,800 $ 71,800 Miracles, Case Management $ 150,000 $ 150,000 Parallax, Detox. $ 275,870 $ 275,870 Parallax, Chronic Relapse $ 109,410 $ 109,410 Regional Prevention Center $ 149,070 $ 149,070 Tiyospaye/Pueblo $ 70,000 $ 70,000 Tiyospaye/CBC $ 68,535 $ 68,535 Youth Development Services/Challenge Club $ 33,530 $ 33,530 SACK $ 70,236 $ 70,236 Subtotals $1,442,980 $1,344,115 Submitted Innovative Program Proposals ProposalAmount 2007 RecommendedFunding Addiction Specialists of Kansas $ 97,724 $ 91,990 Center for Health and Wellness $ 100,000 $ 0 CRC health Group (Wichita Treatment Center) $ 100,000 $ 0 DCCCA - Options Youth Services $ 46,250 $ 0 Friends of Recovery $ 3,000 $ 3,000 Mental Health Association $ 17,627 $ 0 Parallax Program $ 34,650 $ 0 Recovery Concepts (formerly IATS) $ 47,517 $ 0 Regional Prevention Center $ 50,000 $ 50,000 The Substance Abuse Center of Kansas (SACK) $ 53,875 $ 53,875 The Wichita Children's Home $ 54,548 $ 0 Youth Development Services $ 94,067 $ 0 Subtotals $ 699,258 $ 198,865 Grand Totals $2,142,238 $1,542,980 Financial Considerations: 2007 funding will be available in the Special Liquor Tax Fund to contract with providers for the twenty (20) recommended programs totaling $1,542,980. Program administration funds are budgeted at $98,429 for the contract period. No general fund monies are obligated. Goal Impact: The fulfillment of provider agreements will enhance the quality of life of Wichita residents by reducing the negative consequences of alcohol and other drug abuse. Legal Considerations: Approval as to form by the Law Office will be obtained prior to the execution of the 2007 Special Liquor Tax provider agreements. Recommendation/Actions: It is recommended that the City Council approve the funding allocations and development of provider contract/contract renewals based on those allocations. Attachments: none Agenda Item No. 41. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1121 TO: Mayor and City Council SUBJECT: ZON2006-00037 - Zone change from "SF-5" Single-family Residential to "GO" General Office. Generally located north of 29th Street North and east of Governeour (District I) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Non-Consent) MAPC Recommendations: Approve, subject to a Protective Overlay limiting uses on the site to those permitted in the "NO" Neighborhood Office zoning district, and Personal Improvement Service, and subject to the dedication of one access point to 29th Street North (11-1). MAPD Staff Recommendations: Deny. DAB Recommendations: Approve, subject to a Protective Overlay limiting uses on the site to Personal Improvement Service. Background: The applicant requests a zone change from "SF-5" Single-family Residential to "GO" General Office on a 2.1-acre platted lot located north of 29th Street North and east of the Governeour intersection. The site is developed with a church and associated parking. The applicant originally indicated a desire to sell the property for uses permitted under GO zoning, but has now found a contract purchaser wanting to use the site for a children's art school. The immediate surrounding area is zoned SF-5 and is developed with single-family residences to the north and east. West of the site is an elementary school and single-family residences. Southwest of the site, across 29th Street, is a SF-5 zoned apartment complex, part of the DP-73 Residential CUP. Southeast of the site is a SF-5 zoned nursing home, also a part of DP-73. GO zoned property exists 560 feet east of the site, on the south side of 29th Street. The western lots of this GO property are vacant; one lot is developed with a medical office use. Analysis: District I Advisory Board heard this request on October 2, 2006; one neighbor at that hearing expressed concerns regarding the land uses that would be permitted under GO zoning. The DAB recommended approval, subject to a Protective Overlay limiting the uses on the site to Personal Improvement Services, for the proposed art school. MAPC heard this request on October 5, 2006; neighbors spoke against the request citing concerns with increased land use intensity on the site and increased traffic. The MAPC approved the request, subject to a Protective Overlay limiting uses on the site to those permitted in the "NO" Neighborhood Office zoning district, and Personal Improvement Service, and subject to the dedication of one access point to 29th Street N. No formal protest petitions have been filed. However, staff received an e-mail from a residential neighbor opposed to the zone change. Financial Considerations: None. Goal Impact: Promote Economic Vitality and Affordable Living. 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, approve the zone change subject to a Protective Overlay and dedication of one access point on 29th Street North within one year, place the ordinance on first reading, withhold publication until the dedication is recorded; 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. 42. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1122 TO: Mayor and City Council SUBJECT: ZON2006-00038 - Zone change from "LI" Limited Industrial to "B" Multi-family Residential. Generally located north of Kellogg between Pattie and Laura. (District I) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Non-Consent) MAPC Recommendations: Approve (9-3). MAPD Staff Recommendations: Approve. DAB Recommendations: Deny (6-3). Background: The application area, the Kellogg Elementary School building, is currently zoned "LI" Limited Industrial, consistent with its location along Kellogg/US-54. The applicants wish to convert the existing school building into apartments and construct additional freestanding apartments on the site. LI zoning prohibits residential use; therefore, the applicants have requested a zone change to "B" Multi-family Residential, which is considered a down-zoning. B zoning permits up to 75 dwelling units per acre. The applicant could request a down-zoning to any level of commercial or office zoning, which would permit residential development as well. But, the applicant wishes to restrict the redevelopment of the property to multi-family residential. "GC" General Commercial, "LC" Limited Commercial and "GO" General Office all permit 75 dwelling units per acre, equivalent to the B zoning residential density. Most of the surrounding properties are zoned LI, with the exception of several rezonings to enable the refinancing or sale of residential properties. All immediately surrounding properties to the north and west are developed with single-family residences. East of the site, across Pattie, is a mixture of small businesses, warehousing, manufacturing, school parking and residential uses. Further east of the site, east of Lulu, is a large church complex, which has bought property in the neighborhood over time. South of the site is Kellogg/US-54, a limited access freeway. A pedestrian bridge connects this site with a residential neighborhood south of Kellogg. The greater surrounding neighborhood includes a land use mix of office, retail, manufacturing, warehousing, single and multi-family residential, churches, a childrens theater and a park. To the north side of Waterman Street, one block north of this site, the Douglas Street corridor was rezoned in 2005 from LI to "CBD" Central Business District. Likewise, west of Washington Street, two blocks west of this site, was also rezoned in 2005 from LI to "CBD" Central Business District. The purpose of that rezoning was to enable residential development and to increase zoning flexibility for the redevelopment of older buildings within these areas. Analysis: District I Advisory Board heard this request on October 2, 2006; several small business owners and a representative of the neighborhood church spoke against the request. The DAB recommended denial by a vote of 6-3. MAPC heard this request on October 5, 2006; several small business owners and a representative of the neighborhood church again spoke against the request. MAPC approved the request by a vote of 9-3. Staff received several letters of opposition from small business owners and the neighborhood church. Forty-one formal protest petitions have been filed from small business owners and the neighborhood church that owns numerous lots in the immediate area; 10 of these protests are within the official protest calculation area. The official protest results in a 26.3% protest percentage, see the attached protest map. A protest of greater than 20% requires the governing body to have a 3/4 majority override to approve the zone change request. Financial Considerations: None. Goal Impact: Promote Economic Vitality and Affordable Living. 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, approve the zone change and place the ordinance on first reading; 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. 43. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1123 TO: Mayor and City Council SUBJECT: VAC2006-00014 Request to vacate a portion of a platted alley right-of-way, generally located between 1st and 2nd Streets and Ohio and Indiana Avenues. (District I) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) Staff Recommendation: Approve. MAPC Recommendation: Approve (unanimously). Background: The applicant is requesting vacation of the approximately 250-foot long by 14.25-foot wide portion of the platted alley located between Lots 15 to 24, all in the Mathewson 3rd Addition. This portion of the alley is the northern 1/3 portion of a platted alley that runs from 1st Street to 2nd Street. The applicant plans to redevelop their property, which abuts both sides of the portion of the alley they propose to vacate. The applicant is also proposing to dedicate 24-feet of right-of-way (on the north side of Lot 13, which is owned by the applicant) to provide access to Ohio Avenue, thus preventing the alley from becoming a dead end. There are utilities, manholes and sewer line in this portion of the alley. The Mathewson 3rd Addition was recorded with the Register of Deeds on May 4, 1886. Analysis: The MAPC voted (10-0) to approve the vacation request. No one spoke in opposition to this request at the MAPC's advertised public hearing or its Subdivision Committee meeting. No written protests have been filed. Legal Considerations: A certified copy of the Vacation Order, dedication by separate instruments of additional easement and public right-of-way will be recorded with the Register of Deeds and retain the described portion of vacated alley as easement. Financial Considerations: Guarantees for construction of public right-of-way and curbing and reconstruction of the sidewalk. Goal Impact: Ensure efficient infrastructure. Attachments: Dedications of public right-of-way and easement. Recommendation/Actions: Follow the recommendation of the Metropolitan Area Planning Commission and approve the Vacation Order, and authorize the necessary signatures. Agenda Item No. 44. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1124 TO: Mayor and City Council SUBJECT: VAC2006-00031 Request to vacate a portion of public street right-of-way, generally located on the south side of Kellogg Street between Rock Road and the Kansas Turnpike Authority interchange. (District II) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) ______________________________________________________________________________ Staff Recommendation: Approve. MAPC Recommendation: Approve (unanimously). Background: The applicants are requesting consideration to vacate a portion of Kellogg Street right-of-way (ROW) that runs parallel to the north lot lines of their property; Lot 1, Block 1, Lankin Addition and Lot 1, Block 1, Lankin Second Addition. There have been recent improvements to this portion of Kellogg Street. There are utilities, drainage, manholes, sewer and water lines in this portion of the public ROW. The Lankin Addition was recorded with the Register of Deeds on May 27, 1969. The Lankin Second Addition was recorded with the Register of Deeds on February 4, 1972. Analysis: The MAPC voted (9-0) to approve the vacation request. No one spoke in opposition to this request at the MAPC's advertised public hearing or its Subdivision Committee meeting. No written protests have been filed. Financial Considerations: None. Goal Impact: Ensure efficient infrastructure. Legal Considerations: A certified copy of the Vacation Order will be recorded with the Register of Deeds. Recommendations/Actions: It is recommended that the City Council follow the recommendation of the Metropolitan Area Planning Commission and approve the Vacation Order, and authorize the necessary signatures. Attachments: None. Agenda Item No. 45. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1125 TO: Mayor and City Council SUBJECT: VAC2006-00036 Request to vacate a portion of a platted easement, generally located on the west side of Ridge Road midway between 37th Street North and State Highway K-96. (District V) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) ______________________________________________________________________________ Staff Recommendation: Approve. MAPC Recommendation: Approve (unanimously). Background: The applicant proposes to vacate the platted 10-foot easement centered on the west lot line of Lot 3, Block A, Northridge Plaza Addition. There are no utilities, manholes, sewer or water lines in the easement. This request is associated with a recorded lot split; SUB2006-89, FILM/PAGE: 28820690 which includes a cross lot drainage agreement, FILM/PAGE: 28820689. The Northridge Plaza Addition was recorded with the Register of Deeds on June 4, 2002. Analysis: The MAPC voted (11-0) to approve the vacation request. No one spoke in opposition to this request at the MAPC's advertised public hearing or its Subdivision Committee meeting. No written protests have been filed. Financial Considerations: None. Goal Impact: Ensure efficient infrastructure. Legal Considerations: A certified copy of the Vacation Order will be recorded with the Register of Deeds. Recommendations/Actions: It is recommended that the City Council follow the recommendation of the Metropolitan Area Planning Commission and approve the Vacation Order, and authorize the necessary signatures. Attachments: None Agenda Item No. 46. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1126 TO: Mayor and City Council Members SUBJECT: SUB 2005-143 -- Plat of Edwards Estates Addition, located south of 47th Street South and on the east side of Meridian. (District IV) INITIATED BY: Metropolitan Area Planning Department AGENDA ACTION: Planning (Consent) ______________________________________________________________________________ Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (10-1) The negative vote reflected a Commissioner's concern regarding approval of the drainage plan. Background: This site, consisting of two lots on 3.99 acres, has recently been annexed into Wichita's city limits. The site is zoned "SF-5" Single-Family Residential District. Analysis: A Petition, 100 percent, and a Certificate of Petition have been submitted for sanitary sewer improvements. The site has been approved by the Department of Environmental Services for use of on-site sewage facilities. To guarantee the closure of any driveway openings located in areas of complete access control or that exceed the number of allowed openings, a Drive Approach Closure Certificate was submitted. A joint access opening was established by a Grant of Joint Access Easement. This Easement outlines the responsibilities and future maintenance of the driveway within the easement. The plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Financial Considerations: None. Goal Impact: Ensure Efficient Infrastructure. Legal Considerations: The Certificate of Petition, Drive Approach Closure Certificate and Grant of Joint Access Easement will be recorded with the Register of Deeds. Recommendations/Actions: Approve the documents and plat, authorize the necessary signatures and adopt the Resolution. Agenda Item No. 47 City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1127 TO: Mayor and City Council Members SUBJECT: DED 2006-26 -- Dedication of access control, located north of Harry and on the east side of Webb Road. (District II) INITIATED BY: Metropolitan Area Planning Department AGENDA ACTION: Planning (Consent) ______________________________________________________________________________ Staff Recommendation: Accept the Dedication. Background: This dedication is associated with Lot Split No. SUB 2006-67 (Lot 1, Harison Park 3rd Addition). The Dedication is for access control, except for one opening along Webb Road. Analysis: None. Financial Considerations: None. Goal Impact: Ensure Efficient Infrastructure. Legal Considerations: The Dedication will be recorded with the Register of Deeds. Recommendations/Actions: It is recommended that the City Council accept the Dedication. Agenda Item No. 48 City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1128 TO: Mayor and City Council SUBJECT: ZON2006-00040 - Zone change from "LC" Limited Commercial to "TF-3" Two-family Residential. Generally located east of Oliver and south of Harry (1740 S. Oliver and 1741 S. Glendale). District III INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) MAPC Recommendations: Approve, (12-0). MAPD Staff Recommendations: Approve. DAB Recommendations: Approve, (8-0). Background: The application area is an unplatted tract 0.4 of an acre in size located at 1740 South Oliver and 1741 South Glendale Avenue and is developed with a single-family residence facing Oliver and an accessory building facing South Glendale Avenue. The accessory building is used for a small animal veterinary clinic that is permitted by the site's "LC" Limited Commercial zoning, subject to a restrictive covenant that restricts uses to a small animal clinic and "GO" General Office uses (see case history below). In 1995, the applicant wanted to be able to have a small animal clinic on the same site as her residence when she rezoned it to LC. Now the applicant desires to sell the property, and in order to get the lowest interest rate the home needs to be down zoned to a residential zoning district. Therefore, the applicant is requesting "TF-3" Two-family Residential zoning. The property is a "through" lot, meaning it has double street frontage. Access for the residence is off of Oliver, while the small animal clinic takes its access off of Glendale. Property to the north and east is zoned TF-3 and is developed with residences. Property to the south is zoned GO General Office and is developed with a multi-family complex. Clapp Golf course is located to the west, across Oliver. Analysis: DAB III heard this request on October 4, 2006, and there were not any citizens who spoke in opposition to the zone change request. The DAB recommended approval of the request by a vote of 8-0. MAPC heard this request on October 5, 2006, and there were not any citizens who spoke in opposition to the zone change request. The action of the MAPC was to approve 12-0. No protest petitions 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, approve the zone change; and place the ordinance on first reading; 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. 49 City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1129 TO: Mayor and City Council Members SUBJECT: A06-20R Request by Paul Kelsey of Kick'N' Development Corp., and John and Marilyn Dugan of John E. Dugan Family Partnership, to annex land generally located northeast of the intersection of 135th Street West and Pawnee Avenue. (Districts IV) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) ______________________________________________________________________________ Recommendation: Place the annexation ordinance on first reading. Background: The City has received a request to annex 241.56 acres of land generally located northeast of the intersection of 135th Street West and Pawnee Avenue. The annexation area abuts the City of Wichita to the east and to the south. The property owner anticipates that the proposed property will be developed with 537 residential units over the next 10 years. A plat has been submitted to the Metropolitan Area Planning Department for review. Analysis: Land Use and Zoning: The proposed annexation consists of approximately 241.56 acres of property currently zoned "SF-20" Single-Family Residential. Upon annexation, the "SF-20" Single-Family Residential zoning will convert to "SF-5" Single-Family Residential. Property directly to the north is undeveloped, with the exception of an electric substation and is zoned "SF-20" Single-Family Residential. Property to the east, is currently undeveloped, but will soon be developed as Turkey Creek Second Addition, and is zoned as "SF-5" Single Family Residential. Property to the south is partially developed with a few residential units and is zoned as "SF-20" and "SF-5 Single-Family Residential. Property to the west of the subject property is primarily undeveloped with only two residences and is zoned "SF-20" Single-Family Residential. Public Services: The closest water line is an 8" water main in the Turkey Creek Addition to the east. In addition, a 16" water main is under design that would run through the intersection of Pawnee Avenue and 119th Street West. The closest sewer main is a 12" sewer main that runs across the northeast corner of the subject property. Street System: The subject property borders 135th Street to the west, which is a gravel road. The subject property also borders Pawnee Avenue to the south, which is a 2-lane asphalt mat street. The Sedgwick County Capital Improvement Program 2006-2010 and the 2006 Transportation Improvement Program have scheduled improvements to 135th Street West from US-54 to 47th Street South--along the western edge of the subject property. The City of Wichita Capital Improvement Program (CIP) 2005-2014 has scheduled improvements to Pawnee Avenue from 119th Street West to Maize Road, as well as, 119th Street West from Maple Street to Pawnee Avenue--both east of the subject property. Public Safety: Fire services to this site can be provided by the City of Wichita within an eight (8) to nine (9) minute approximate response time from City Station No. 17, located at 10651 W. Maple. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department, headquartered at 661 N. Elder. Parks: The Pawnee Prairie Park, a 625-acre park, is located approximately 2 miles to the east of the proposed annexation site. Amenities at the park include a five-mile bridle trail, an eight-mile nature trail, a municipal golf course, a nature center and parking areas that accommodate horse trailers. Several horse stalls are also available. In addition, Air Capital Memorial Park, a ten-acre park, is adjoining Pawnee Prairie Park to the north. Meadow Park, a 51-acre park, and the Auburn Hills Golf Course, a 158-acres, 18-hole championship golf course is located approximately 1 mile north of the subject property. West Millbrook Park, a 25.6-acre park, is located next to Meadow Park, located approximately 1 mile north of the subject property and contains a softball diamond, a children's play area, a picnic table and an open shelter. According to the 1996 Parks and Open Space Master Plan, a pathway has been proposed that would run along the south and east boundary of the subject property. School District: The annexation property is part of the Unified School District 265 (Goddard School District). Annexation will not change the school district. Comprehensive Plan: The proposed annexation is consistent with the Wichita-Sedgwick County Comprehensive Plan. The annexation property falls within the 2030 Wichita Urban Growth Area as shown in the Plan. Financial Considerations: The current approximate appraised value of the proposed annexation lands, according to County records, is $128,660 with a total assessed value of $24,449. Using the current City levy ($31.828/$1000 x assessed valuation), this roughly yields $1,112 in City annual tax revenues for the property. The future assessed value of this property will depend on the type and timing of any other developments on the proposed annexation property and the current mill levy. At this time, the property owner is anticipating that 537 residential units will be developed within the next 10 years. The total appraised value of this development after completion is estimated at $49,941,000. Assuming the current City levy remains about the same, this would roughly yield a total of $180,371 in City annual tax revenues. Goal Impact: Approving the annexation request would impact Wichita's goal to ensure efficient infrastructure, for annexation of this property would assist the City in satisfying the demand for new infrastructure needed to support growth and development. Legal Considerations: The property is eligible for annexation under K.S.A. 12-519, et seq. Recommendations/Actions: Approve the annexation request, place the ordinance on first reading and authorize the necessary signatures. OCA150005 BID #37529-009 CID #76383 PUBLISHED IN THE WICHITA EAGLE ON_______________ ORDINANCE NO.___________ AN ORDINANCE INCLUDING AND INCORPORATING CERTAIN BLOCKS, PARCELS, PIECES AND TRACTS OF LAND WITHIN THE LIMITS AND BOUNDARIES OF THE CITY OF WICHITA, KANSAS. (A06-20) BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. The governing body, under the authority of K.S.A. 12-519, et seq, hereby annexes the following blocks, parcels, pieces and tracts of land and they are hereby included and brought within the corporate limits of the City of Wichita, Kansas and designated as being part of City Council District IV respectively: That part of the SE 1/4 of Sec. 36, Twp. 27-S, R-2-W of the 6th P.M., Sedgwick County, Kansas lying west of and abutting the west line of Turkey Creek Addition, Wichita, Sedgwick County, Kansas, TOGETHER with that part of the NW 1/4 of said Sec. 36, lying south of and abutting the south right-of-way line of the A.T. & S.F. Railroad, EXCEPT that part platted as Lot 1, Centennial Sub, Sedgwick County, Kansas, TOGETHER with the SW 1/4 of said Sec. 36, EXCEPT for the following: Commencing at the SW corner of the SW 1/4 of said Sec. 36; thence north along the west line of said SW 1/4, 627.63 feet for a point of beginning; thence east at right angles to the west line of said SW 1/4, 249.20 feet; thence north at right angles, 259.16 feet; thence west at right angles 249.20 feet to the west line of said SW 1/4; thence south along the west line of said SW 1/4, 259.16 feet to the point of beginning, all being subject to road rights-of-way of record. SECTION 2. That if any part or portion of this ordinance shall be held or determined to be illegal, ultra vires or void the same shall not be held or construed to alter, change or annul any terms or provisions hereof which may be legal or lawful. And in the event this ordinance in its entirety shall be held to be ultra vires, illegal or void, then in such event the boundaries and limits of said City shall be held to be those heretofore established by law. SECTION 3. That the City Attorney be and he is hereby instructed at the proper time to draw a resolution redefining the boundaries and limits of the City of Wichita, Kansas, under and pursuant to K.S.A. 12-517, et seq. SECTION 4. This ordinance shall become effective and be in force from and after its adoption and publication once in the official city paper. ADOPTED at Wichita, Kansas, this ___________________________________. _________________________________ Carlos Mayans, Mayor ATTEST: ____________________________________ Karen Sublett, City Clerk Approved as to form: ____________________________________ Gary E. Rebenstorf, Director of Law Agenda Item No. 50 City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1130 TO: Mayor and City Council Members SUBJECT: A06-21R Request by Jay Russell, of JRD, LLC, and Elizabeth P. Walker to annex land generally located west of Clifton Avenue to the north and south of 55th Street South. (District III) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) ______________________________________________________________________________ Recommendation: Place the annexation ordinance on first reading. Background: The City has received a request to annex 132 acres of land generally located west of Clifton Avenue to the north and south of 55th Street South--south of the Oaklawn/Sunview Improvement District. The City of Wichita abuts the subject property to the north, east and west. The Subdivision Committee of the Metropolitan Area Planning Commission approved the preliminary plat and authorized the preparation of the final plat at its regular meeting on Thursday, September 28, 2006--subject to staff comments, including the completion of annexation into the City of Wichita. Analysis: Land Use and Zoning: The proposed annexation consists of approximately 132 acres of property currently zoned "SF-20" Single-Family Residential, which upon annexation will convert to "SF-5" Single-Family Residential. Property to the north of the subject property is zoned "SF-20" and "SF-5" Single-Family Residential and is developed with a few single-family homes, as well as, the Pinaire Mobile Home Park. Property to the south is zoned "SF-20" Single-Family Residential and is primarily agricultural in nature with one home. The Arkansas River borders a portion of the subject property to the west, but land on the west side of the Arkansas River is zoned "SF-5" Single-Family Residential and is developed with a wastewater treatment plant. Property to the east is zoned "SF-5" and "SF-20" Single-Family Residential and is currently undeveloped, but a portion of the property has been platted, and the property owner anticipates the development of approximately 178 single-family homes, as well as, commercial property. Comprehensive Plan: The subject property falls within the 2030 Wichita Urban Growth Area, but the proposed residential use is not consistent with the land use designation of the 2030 Wichita Functional Land Use Guide of the Wichita-Sedgwick County Comprehensive Plan that has anticipated employment/industrial and park and open space uses for the area west of Clifton Avenue. The proposed residential use is also not consistent with the Oaklawn/Sunview Neighborhood Revitalization Plan, adopted on March 20, 2002, as an amendment to the Wichita-Sedgwick County Comprehensive Plan. The Oaklawn/Sunview Neighborhood Revitalization Plan recommends that no more 'new' single-family residential development occur within the Oaklawn/Sunview Neighborhood Revitalization Planning Area (including the proposed annexation property) due to a combination of development constraints including floodplain issues, noise impact zones and accident potential zones. However, the noise impact zone of the McConnell Air Force Base has been reduced significantly since the Plan was adopted. The subject property is also located within the Maximum Mission Area of the McConnell AFB, as identified in the McConnell AFB Joint Land Use Study (JLUS), accepted by the Wichita City Council on May 13, 2005. The study recommends against residential development in the Maximum Mission Area for a two-year period, in order to maximize the future mission options for the base. An Implementation Committee with representatives from the City of Derby, the City of Wichita, Sedgwick County, McConnell AFB and other key stakeholders have evaluated the implications of implementing the proposed recommendations contained in the JLUS and has recently made a recommendation to the three participating jurisdictions to balance future operations at McConnell with the growth needs of Derby, Wichita and Sedgwick County. The Committee's recommendation for the proposed annexation area is to allow single-family residential uses subject to the requirement of noise mitigation in any new building construction in this area. Public Services: The nearest water line is a 12" line located in Clifton, at the entrance of the Pinaire Mobile Home Park, about 1/4 mile north of the subject property. Baughman Company is currently designing a 16" water main in 55th Street, east of Clifton, and in Clifton from 55th Street to 63rd Street. There is also a 27"/30" sewer main through the subject property. Street and Drainage System: The subject property borders Clifton Avenue to the east, which is a paved, two-lane road. In addition, 55th Street South runs through the middle of the subject property, which is also a paved, two-lane road. The 2006 Transportation Improvement Program, the City of Wichita Capital Improvement Program (CIP) 2005-2014 and the Sedgwick County Capital Improvement Program 2006-2010 do not call for street improvements near the proposed annexation site. The Sedgwick County Capital Improvement Program 2006-2010 has scheduled drainage improvements directly east of the subject property, between Clifton Avenue and K-15. These improvement consist of constructing a channel to convey drainage from the bridge under K-15 to the existing channel west of Clifton Avenue. Public Safety: Fire services to this site can be provided by the City of Wichita within an eight (8) to nine (9) minute approximate response time from City Station No. 19, located at 4440 S. Broadway. Upon annexation, police protection will be provided to the area by the Patrol South Bureau of the Wichita Police Department, headquartered at 211 E. Pawnee. Parks: Emery Park, a 30-acre park, is located approximately 2 miles to the northwest of the proposed annexation site and contains two tennis courts, a BMX track, a concession stand, a basketball court, a children's play area, a restroom, a drinking fountain and a parking area. Chapin Park, a 190-acre park, is located approximately 2 1/2 miles to the northwest from the proposed annexation site and is currently open space that is used by the Radio Control Club for model airplane flying. Palisade Park, a 5-acre park, is located approximately 2 miles to the west of the subject property and is an open space neighborhood park. South Lakes Park, a 250-acre park, is approximately 2 1/2 miles to the west of the proposed site and contains 16 soccer fields, 8 softball diamonds, 1 football field, 3 concession stands, 4 fishing lakes and 2 parking areas. In addition, the South Arkansas River Greenway, a 158-acre park, is approximately 2 miles to the south of the subject property and is undeveloped parkland along the Arkansas River. According to the 1996 Parks and Open Space Master Plan, a pathway has been proposed that would run along the west edge of the proposed property along the Arkansas River. In addition, a potential future park site has been proposed on the northern portion of the subject property. School District: The subject property is part of the Unified School District 260 (Derby School District). Annexation will not change the school district. Financial Considerations: The current approximate appraised value of the proposed annexation lands, according to County records, is $121,110 with a total assessed value of $17,481. Using the current City levy ($31.828/$1000 x assessed valuation), this roughly yields $549 in City annual tax revenues for the property. The future assessed value of this property will depend on the type and timing of any other developments on the proposed annexation property and the current mill levy. At this time, the property owner is anticipating that approximately 370 single-family housing units will be developed within the next ten years. The total appraised value of this residential development after completion is estimated at $37,000,000. Assuming the current City levy remains about the same, this would roughly yield a total of $133,633 in City annual tax revenues. Goal Impact: Approving the annexation request would impact Wichita's goal to ensure efficient infrastructure, for annexation of this property would assist the City in satisfying the demand for new infrastructure needed to support growth and development. Legal Considerations: The property is eligible for annexation under K.S.A. 12-519, et seq. Recommendations/Actions: Approve the annexation request, place the ordinance on first reading and authorize the necessary signatures. OCA150005 BID #37529-009 CID #76383 PUBLISHED IN THE WICHITA EAGLE ON_______________ ORDINANCE NO.___________ AN ORDINANCE INCLUDING AND INCORPORATING CERTAIN BLOCKS, PARCELS, PIECES AND TRACTS OF LAND WITHIN THE LIMITS AND BOUNDARIES OF THE CITY OF WICHITA, KANSAS. (A06-21) BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. The governing body, under the authority of K.S.A. 12-519, et seq, hereby annexes the following blocks, parcels, pieces and tracts of land and they are hereby included and brought within the corporate limits of the City of Wichita, Kansas and designated as being part of City Council District III respectively: TRACT #1 The south 600.00 feet of that part of Government Lot 4 in the SE 1/4 of Sec. 22, Twp. 28-S, R-1-E of the 6th P.M., Sedgwick County, Kansas lying east of the Big Arkansas River except the east 765.00 feet thereof. TRACT #2 That part of Government Lot 1 in the NE 1/4 of Sec. 27, Twp. 28-S, R-1-E of the 6th P.M., Sedgwick County, Kansas lying east of the Big Arkansas River, except the north 200.00 feet of the east 765.00 feet thereof. TRACT #3 The NW 1/4 of the NW 1/4 of Sec. 26, Twp. 28-S, R-1-E of the 6th P.M., Sedgwick County, Kansas, subject to road rights-of-way of record. TRACT #4 Beginning at the NW corner of the SW 1/4 of the NW 1/4 of Sec. 26, Twp. 28-S, R-1-E of the 6th P.M., Sedgwick County, Kansas; thence easterly along the north line of the SW 1/4 of said NW 1/4, 568.00 feet; thence southerly parallel with the west line of said NW 1/4, 58.5 feet, more or less, to the centerline of a ditch; thence following the centerline of said ditch to a point on the west line of said NW 1/4, 140.00 feet, more or less, south of the NW corner of the SW 1/4 of said NW 1/4; thence northerly along the west line of said NW 1/4, 140.00 feet, more or less, to the point of beginning. TRACT #5 A tract in Government Lot 2 in the NE 1/4 of Sec. 27, Twp. 28-S, R-1-E of the 6th P.M., Sedgwick County, Kansas described as beginning at the NE corner of said Government Lot 2; thence southerly, along the east line of said Government Lot 2, 140 feet to the centerline of a ditch; thence southwesterly, along the centerline of said ditch to the point of intersection of said centerline and the East bank of the Big Arkansas River, said point being 830 feet south of the north line of said Government Lot 2; thence northwesterly, along said east bank to a point on the north line of said Government Lot 2; thence east 1062 feet, more or less, to the point of beginning. TRACT #6 The SW 1/4 of the SW 1/4 of Sec. 23, Twp. 28-S, R -1-E of the 6th P.M., Sedgwick County, Kansas. TRACT #7 The north 275.00 feet of the south 600.00 feet of the east 275.00 feet of Government Lot 4 in the SE 1/4 of Sec. 22, Twp. 28-S, R-1-E of the 6th P.M., Sedgwick County, Kansas, EXCEPT the south 85.00 feet thereof. SECTION 2. That if any part or portion of this ordinance shall be held or determined to be illegal, ultra vires or void the same shall not be held or construed to alter, change or annul any terms or provisions hereof which may be legal or lawful. And in the event this ordinance in its entirety shall be held to be ultra vires, illegal or void, then in such event the boundaries and limits of said City shall be held to be those heretofore established by law. SECTION 3. That the City Attorney be and he is hereby instructed at the proper time to draw a resolution redefining the boundaries and limits of the City of Wichita, Kansas, under and pursuant to K.S.A. 12-517, et seq. SECTION 4. This ordinance shall become effective and be in force from and after its adoption and publication once in the official city paper. ADOPTED at Wichita, Kansas, this ___________________________________. _________________________________ Carlos Mayans, Mayor ATTEST: ____________________________________ Karen Sublett, City Clerk Approved as to form: ____________________________________ Gary E. Rebenstorf, Director of Law Agenda Item No. 51 City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1131 TO: Mayor and City Council Members SUBJECT: A06-22R Request by Travis J. Littlejohn to annex land generally located south of Harry Street, between Greenwich Road and 127th Street East. (District II) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) ______________________________________________________________________________ Recommendation: Place the annexation ordinance on first reading. Background: The City has received a request to annex 79.47 acres of land generally located south of Harry Street between Greenwich Road and 127th Street East. The annexation area abuts the City of Wichita to the east and west. The property owner anticipates that the proposed property will be developed with 250 residential units over the next 10 years. Analysis: Land Use and Zoning: The proposed annexation consists of approximately 79.47 acres of property currently zoned "SF-20" Single-Family Residential. Upon annexation, the "SF-20" Single-Family Residential zoning will convert to "SF-5" Single-Family Residential. Property directly to the north is undeveloped and is zoned "SF-20" Single-Family Residential. Property to the east is partially developed, with the Tara Falls Addition, and is zoned as "SF-5" Single Family Residential. Property to the south is developed, with the Highland Acres Addition, and is zoned as "SF-20" Single-Family Residential. Property to the west of the subject property is a mixture of developed and undeveloped property, consisting of the Sloans Addition, a church and a few scattered homes, and is zoned "SF-5" Single-Family Residential. Public Services: The closest water line is a 16" water main along the south side of Harry, across the north side of the subject property. There is also an 8" stub on Osie Street, in the Sloans Addition, and another 8" stub on Funston, in the Tara Falls Addition, that are both setup to extend into the subject area. The closest sewer line is a 15" sewer main in the northwest portion of the subject property, between the subject property and the Sloans Addition. In addition, an 8" sewer line runs along the east side of the subject property in the Tara Falls Addition. Street System: The subject property borders Harry to the north, which is a two-lane, asphalt mat road. The 2006 Transportation Improvement Program and the City of Wichita Capital Improvement Program (CIP) 2005-2014 have scheduled Harry to be reconstructed and widened between Greenwich and 143rd Street East, directly north of the subject property. The Sedgwick County Capital Improvement Program 2006-2010 does not call for improvements near the proposed annexation site. Public Safety: Fire services to this site can be provided by the City of Wichita within a seven (7) to eight (8) minute approximate response time from City Station No. 15, located at 7923 E. Lincoln. Upon annexation, police protection will be provided to the area by the Patrol East Bureau of the Wichita Police Department, headquartered at 350 S. Edgemoor. Parks: The WB Harrison Park, a 40.15-acre park, is located approximately 1 mile to the west of the subject property and contains 2 tennis courts, a softball diamond, a rugby field, a children's play area, a restroom, a paved jogging trail, a fishing pond, 2 benches and 12 picnic tables. According to the 1996 Parks and Open Space Master Plan, a pathway has been proposed that would run along the northern edge, through the middle, and along the south edge of the subject property. School District: The annexation property is part of the Unified School District 259 (Wichita School District). Annexation will not change the school district. Comprehensive Plan: The proposed annexation is consistent with the Wichita-Sedgwick County Comprehensive Plan. The annexation property falls within the 2030 Wichita Urban Growth Area, as shown in the Plan. Financial Considerations: The current approximate appraised value of the proposed annexation lands, according to County records, is $111,090 with a total assessed value of $14,853. Using the current City levy ($31.828/$1000 x assessed valuation), this roughly yields $901 in City annual tax revenues for the property. The future assessed value of this property will depend on the type and timing of any other developments on the proposed annexation property and the current mill levy. At this time, the property owner is anticipating that 250 residential units will be developed within the next 10 years. The total appraised value of this development after completion is estimated at $25,000,000. Assuming the current City levy remains about the same, this would roughly yield a total of $90,292 in City annual tax revenues. Goal Impact: Approving the annexation request would impact Wichita's goal to ensure efficient infrastructure, for annexation of this property would assist the City in satisfying the demand for new infrastructure needed to support growth and development. Legal Considerations: The property is eligible for annexation under K.S.A. 12-519, et seq. Recommendations/Actions: Approve the annexation request, place the ordinance on first reading and authorize the necessary signatures. OCA150005 BID #37529-009 CID #76383 PUBLISHED IN THE WICHITA EAGLE ON_______________ ORDINANCE NO.___________ AN ORDINANCE INCLUDING AND INCORPORATING CERTAIN BLOCKS, PARCELS, PIECES AND TRACTS OF LAND WITHIN THE LIMITS AND BOUNDARIES OF THE CITY OF WICHITA, KANSAS. (A06-22) BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. The governing body, under the authority of K.S.A. 12-519, et seq, hereby annexes the following blocks, parcels, pieces and tracts of land and they are hereby included and brought within the corporate limits of the City of Wichita, Kansas and designated as being part of City Council District II respectively: The East Half of the Northwest Quarter of Section 34, Township 27 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas AND ALSO, Harry Street, from the west line of the Northeast Quarter of Section 34, Township 27, Range 2 East of the 6th P.M., Sedgwick County, Kansas and the west line of the Southeast Quarter of Section 27, Township 27 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas, thence west to the east line of the west half of Northwest Quarter of Section 34, Township 27, Range 2 East of the 6th P.M., Sedgwick County, Kansas and the east line of the west half of the Southwest Quarter of Section 27, Township 27 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas. SECTION 2. That if any part or portion of this ordinance shall be held or determined to be illegal, ultra vires or void the same shall not be held or construed to alter, change or annul any terms or provisions hereof which may be legal or lawful. And in the event this ordinance in its entirety shall be held to be ultra vires, illegal or void, then in such event the boundaries and limits of said City shall be held to be those heretofore established by law. SECTION 3. That the City Attorney be and he is hereby instructed at the proper time to draw a resolution redefining the boundaries and limits of the City of Wichita, Kansas, under and pursuant to K.S.A. 12-517, et seq. SECTION 4. This ordinance shall become effective and be in force from and after its adoption and publication once in the official city paper. ADOPTED at Wichita, Kansas, this ___________________________________. _________________________________ Carlos Mayans, Mayor ATTEST: ____________________________________ Karen Sublett, City Clerk Approved as to form: ____________________________________ Gary E. Rebenstorf, Director of Law Agenda Item No. 52 City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1132 TO: Mayor and City Council Members SUBJECT: A06-23R Request by Thomas D. Jacob, of South Greenwich, LLC, to annex land generally located southwest of the intersection of 53rd Street North and Meridian Avenue. (District VI) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) ______________________________________________________________________________ Recommendation: Place the annexation ordinance on first reading. Background: The City has received a request to annex 10.61 acres of land generally located southwest of the intersection of 53rd Street North and Meridian Avenue. The annexation area abuts the City of Wichita to the north and to the east. The property owner anticipates that the proposed property will be developed with 110,000 square feet of office and commercial property within the next five years. The Metropolitan Area Planning Department approved a final plat pertaining to this property on September 21, 2006, subject to the annexation of this property into the Wichita city limits. Analysis: Land Use and Zoning: The proposed annexation consists of approximately 10.61 acres of property currently zoned "SF-20" Single-Family Residential. Upon annexation, the "SF-20" Single-Family Residential zoning will convert to "SF-5" Single-Family Residential. Property directly to the north is undeveloped and is zoned "SF-20" Single-Family Residential and "LC" Limited Commercial. Property to the east is currently developed with both commercial and residential property and is zoned as "LC" Limited Commercial. Property to the south and west is primarily agricultural in nature with a few residential units and is zoned as "SF-20" Single-Family Residential. Public Services: The closest water line is an 8" water main along the west side of Meridian, along the east side of the subject property. There are large sewer mains currently under construction, south and west of the subject property. Although these mains are not adjacent to the subject property, they could have laterals extended to the area. Street System: The subject property borders 53rd Street to the north and Meridian to the east. Meridian is a paved 4-lane roadway with improvements at the intersection to add the 5th lane. 53rd Street is paved and is currently 5-lanes at the intersection and tapers back to 2-lane west of Meridian. The City of Wichita Capital Improvement Program (CIP) 2005-2014, the Transportation Improvement Program 2006-2010 and the Sedgwick County Capital Improvement Program 2006-2010 do not call for improvements near the proposed annexation site. Public Safety: Fire services to this site can be provided by the City of Wichita within a two (2) to three (3) minute approximate response time from City Station No. 13, located at 3162 W. 42nd Street North. Upon annexation, police protection will be provided to the area by the Patrol North Bureau of the Wichita Police Department, headquartered at 3015 E. 21st Street North. Parks: The Brooks Tract Park is currently being developed, which is a 272-acre park located approximately 1/2 mile to the southwest of the proposed annexation site. In addition, Hellers Park is a 32-acre park, located approximately 2 miles to the southeast of the proposed annexation site. Hellers Park has a half-mile dirt trail and is designated as a Wichita Wild Habitat Area. According to the 1996 Parks and Open Space Master Plan, a pathway has been proposed that would run along the north boundary of the subject property. School District: The annexation property is part of the Unified School District 262 (Valley Center School District). Annexation will not change the school district. Comprehensive Plan: The proposed annexation is consistent with the Wichita-Sedgwick County Comprehensive Plan. The annexation property falls within the 2030 Wichita Urban Growth Area, as shown in the Plan. Financial Considerations: The current approximate appraised value of the proposed annexation lands, according to County records, is $2,350 with a total assessed value of $705. Using the current City levy ($31.828/$1000 x assessed valuation), this roughly yields $22 in City annual tax revenues for the property. The future assessed value of this property will depend on the type and timing of any other developments on the proposed annexation property and the current mill levy. At this time, the property owner is anticipating that 110,000 square feet of office and commercial property will be developed within the next five years. The total appraised value of this development after completion is estimated at $13,200,000. Assuming the current City levy remains about the same, this would roughly yield a total of $103,640 in City annual tax revenues. Goal Impact: Approving the annexation request would impact Wichita's goal to ensure efficient infrastructure, for annexation of this property would assist the City in satisfying the demand for new infrastructure needed to support growth and development. Legal Considerations: The property is eligible for annexation under K.S.A. 12-519, et seq. Recommendations/Actions: Approve the annexation request, place the ordinance on first reading and authorize the necessary signatures. OCA150005 BID #37529-009 CID #76383 PUBLISHED IN THE WICHITA EAGLE ON_______________ ORDINANCE NO.___________ AN ORDINANCE INCLUDING AND INCORPORATING CERTAIN BLOCKS, PARCELS, PIECES AND TRACTS OF LAND WITHIN THE LIMITS AND BOUNDARIES OF THE CITY OF WICHITA, KANSAS. (A06-23) BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. The governing body, under the authority of K.S.A. 12-519, et seq, hereby annexes the following blocks, parcels, pieces and tracts of land and they are hereby included and brought within the corporate limits of the City of Wichita, Kansas and designated as being part of City Council District VI respectively: The east 856.8 feet of the NE 1/4 of Sec. 24, Twp. 26-S, R-1-W of the 6th P.M. Sedgwick County, Kansas, EXCEPT the south 1991 feet thereof, AND EXCEPT that part designated as West 53rd Street North, AND EXCEPT that part designated as Meridian Avenue. SECTION 2. That if any part or portion of this ordinance shall be held or determined to be illegal, ultra vires or void the same shall not be held or construed to alter, change or annul any terms or provisions hereof which may be legal or lawful. And in the event this ordinance in its entirety shall be held to be ultra vires, illegal or void, then in such event the boundaries and limits of said City shall be held to be those heretofore established by law. SECTION 3. That the City Attorney be and he is hereby instructed at the proper time to draw a resolution redefining the boundaries and limits of the City of Wichita, Kansas, under and pursuant to K.S.A. 12-517, et seq. SECTION 4. This ordinance shall become effective and be in force from and after its adoption and publication once in the official city paper. ADOPTED at Wichita, Kansas, this ___________________________________. _________________________________ Carlos Mayans, Mayor ATTEST: ____________________________________ Karen Sublett, City Clerk Approved as to form: ____________________________________ Gary E. Rebenstorf, Director of Law Agenda Item No. 53 City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1133 TO: Mayor and City Council Members SUBJECT: A06-24R Request by Michael J. Boyd, of Box Development, LLC, to annex land generally located southwest of the intersection of 37th Street North and Ridge Road. (District V) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) ______________________________________________________________________________ Recommendation: Place the annexation ordinance on first reading. Background: The City has received a request to annex 0.96 acres of land generally located southwest of the intersection of 37th Street North and Ridge Road. The annexation area abuts the City of Wichita to the north and to the east. The property owner anticipates that the proposed property will be developed with 8,000 square feet of office or commercial property in the next two years. The Metropolitan Area Planning Department approved the one-step final plat pertaining to this property on September 21, 2006; subject to the annexation into the Wichita city limits. Analysis: Land Use and Zoning: The proposed annexation consists of approximately 0.96 acres of property currently zoned "SF-20" Single-Family Residential. Upon annexation, the "SF-20" Single-Family Residential zoning will convert to "SF-5" Single-Family Residential. Property directly to the north and east is undeveloped and is zoned "LC" Limited Commercial. Property to the south is undeveloped and is zoned as "SF-20" Single-Family Residential. Property to the west of the subject property is primarily undeveloped with only two residences and is zoned "SF-20" Single-Family Residential. Public Services: The closest water line is a 16" water main along the south side of 37th Street North, across the north side of the subject property. There is an 18" sewer main on the north side of 37th Street North and an 8" public sewer two parcels to the east of the subject property; either could have an 8" public sewer extended to the subject property. Street System: The subject property borders 37th Street to the north, which is a 2-lane asphalt mat road. The City of Wichita Capital Improvement Program (CIP) 2005-2014 and the Transportation Improvement Program (2006-2010) have scheduled improvements to 37th Street North from Maize to Ridge Road, directly north of the subject property. The first phase of this project will be to improve 37th Street to 4/5 lanes with landscaped medians between Ridge Road and Tyler Road, which is scheduled to begin soon. The Sedgwick County Capital Improvement Program 2006-2010 does not call for improvements near the proposed annexation site. Public Safety: Fire services to this site can be provided by the City of Wichita within a seven (7) to eight (8) minute approximate response time from City Station No. 16, located at 1632 North Tyler. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department, headquartered at 661 N. Elder. Parks: The Brooks Tract Park, a 272-acre park located approximately 1 1/2 miles to the northeast of the proposed annexation site, is currently being developed into a regional park. The North Ridge Village Addition Reserve D, a 17-acre park located 1/2 mile northeast of the subject property, is undeveloped and functions as habitat for the Eastern Spotted Skunk. In addition, the Sedgwick County Zoo is located approximately 2 miles south of the subject property. School District: The annexation property is part of the Unified School District 266 (Maize School District). Annexation will not change the school district. Comprehensive Plan: The proposed annexation is consistent with the Wichita-Sedgwick County Comprehensive Plan. The annexation property falls within the 2030 Wichita Urban Growth Area, as shown in the Plan. Financial Considerations: The current approximate appraised value of the proposed annexation lands, according to County records, is $7,680 with a total assessed value of $921. Using the current City levy ($31.828/$1000 x assessed valuation), this roughly yields $29 in City annual tax revenues for the property. The future assessed value of this property will depend on the type and timing of any other developments on the proposed annexation property and the current mill levy. At this time, the property owner is anticipating that 8,000 square feet of office or commercial property will be developed within the next two years. The total appraised value of this development after completion is estimated at $960,000. Assuming the current City levy remains about the same, this would roughly yield a total of $7,537 in City annual tax revenues. Goal Impact: Approving the annexation request would impact Wichita's goal to ensure efficient infrastructure, for annexation of this property would assist the City in satisfying the demand for new infrastructure needed to support growth and development. Legal Considerations: The property is eligible for annexation under K.S.A. 12-519, et seq. Recommendations/Actions: Approve the annexation request, place the ordinance on first reading and authorize the necessary signatures. OCA150005 BID #37529-009 CID #76383 PUBLISHED IN THE WICHITA EAGLE ON_______________ ORDINANCE NO.___________ AN ORDINANCE INCLUDING AND INCORPORATING CERTAIN BLOCKS, PARCELS, PIECES AND TRACTS OF LAND WITHIN THE LIMITS AND BOUNDARIES OF THE CITY OF WICHITA, KANSAS. (A06-24) BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. The governing body, under the authority of K.S.A. 12-519, et seq, hereby annexes the following blocks, parcels, pieces and tracts of land and they are hereby included and brought within the corporate limits of the City of Wichita, Kansas and designated as being part of City Council District V respectively: That part of the E 1/2 of the NE 1/4 of Sec. 33, Twp. 26-S, R-1-W of the 6th P.M., Sedgwick County, Kansas described as follows: Beginning at the NW corner of Lot 8, Block 1, Hoskinson 2nd Addition, Sedgwick County, Kansas; thence S00°07'35"W along the west line of said Lot 8, 206.00 feet to the SW corner of said Lot 8; thence S89°29'08"W parallel with the north line of said NE 1/4, 205.00 feet; thence N00°07'35"E parallel with the west line of said Lot 8, 206.00 feet; thence N89°29'08"E parallel with the north line of said NE 1/4, 205.00 feet to the point of beginning. SECTION 2. That if any part or portion of this ordinance shall be held or determined to be illegal, ultra vires or void the same shall not be held or construed to alter, change or annul any terms or provisions hereof which may be legal or lawful. And in the event this ordinance in its entirety shall be held to be ultra vires, illegal or void, then in such event the boundaries and limits of said City shall be held to be those heretofore established by law. SECTION 3. That the City Attorney be and he is hereby instructed at the proper time to draw a resolution redefining the boundaries and limits of the City of Wichita, Kansas, under and pursuant to K.S.A. 12-517, et seq. SECTION 4. This ordinance shall become effective and be in force from and after its adoption and publication once in the official city paper. ADOPTED at Wichita, Kansas, this ___________________________________. _________________________________ Carlos Mayans, Mayor ATTEST: ____________________________________ Karen Sublett, City Clerk Approved as to form: ____________________________________ Gary E. Rebenstorf, Director of Law Agenda Item No. 54 City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1134 TO: Mayor and City Council Members SUBJECT: A06-26R Request by Quentin J. Moeder to annex land generally located southwest of the intersection of 45th Street North and Hoover Road. (District VI) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) ______________________________________________________________________________ Recommendation: Place the annexation ordinance on first reading. Background: The City has received a request to annex 2.67 acres of land generally located southwest of the intersection of 45th Street North and Hoover Road. The annexation area abuts the City of Wichita to the east. The property owner anticipates that the proposed property will be developed with 23,000 square feet of office or commercial property over the next 10 years. The Metropolitan Area Planning Department approved the one-step final plat (Mandy Kay Commercial Addition) pertaining to this property on September 21, 2006, subject to annexation into the Wichita city limits. Analysis: Land Use and Zoning: The proposed annexation consists of approximately 2.67 acres of property currently zoned "SF-20" Single-Family Residential and "LC" Limited Commercial. Upon annexation, the "SF-20" Single-Family Residential zoning will convert to "SF-5" Single-Family Residential, while the "LC" Limited Commercial zoning will remain. Property directly to the north is undeveloped and is zoned "LC" Limited Commercial. Property to the east is undeveloped and is zoned as "SF-5" Single Family Residential and "LC" Limited Commercial. Property to the south is primarily undeveloped with the exception of two single-family homes and is zoned as "SF-20" Single-Family Residential. Property to the west of the subject property is primarily undeveloped, with only two residences as well, and is zoned "SF-20" Single-Family Residential and "LC" Limited Commercial. Public Services: There is a 20" water main in Ridge Road coming from the south and ending at the south line of K-96, as well as, a 20" water main at 29th Street North and Hoover Road. The closest sewer main is an 18" sewer main in 37th Street North, at the mid-mile between Ridge and Hoover Road. Street System: The subject property borders Hoover Road to the east, which is a paved, two-lane road. The Sedgwick County Capital Improvement Program 2006-2010, the 2006 Transportation Improvement Program and the City of Wichita Capital Improvement Program (CIP) 2005-2014 do not call for improvements near the proposed annexation site. Public Safety: Fire services to this site can be provided by the City of Wichita within a seven (7) to eight (8) minute approximate response time from City Station No. 13, located at 3162 West 42nd Street North. Upon annexation, police protection will be provided to the area by the Patrol North Bureau of the Wichita Police Department, headquartered at 3015 East 21st Street North. Parks: The Brooks Tract Park, a 272-acre park, located directly east of the subject property, is currently being developed into a regional park. The North Ridge Village Addition Reserve D, a 17-acre park, located 1 1/2 miles southeast of the subject property, is undeveloped and functions as habitat for the Eastern Spotted Skunk. In addition, the Sedgwick County Zoo is located approximately 3 miles south of the subject property. School District: The annexation property is part of the Unified School District 266 (Maize School District). Annexation will not change the school district. Comprehensive Plan: The proposed annexation is consistent with the Wichita-Sedgwick County Comprehensive Plan. The annexation property falls within the 2030 Wichita Urban Growth Area, as shown in the Plan. Financial Considerations: The current approximate appraised value of the proposed annexation lands, according to County records, is $102,340 with a total assessed value of $11,930. Using the current City levy ($31.828/$1000 x assessed valuation), this roughly yields $830 in City annual tax revenues for the property. The future assessed value of this property will depend on the type and timing of any other developments on the proposed annexation property and the current mill levy. At this time, the property owner is anticipating that 23,000 square feet of office or commercial property will be developed within the next 10 years. The total appraised value of this development after completion is estimated at $2,760,000. Assuming the current City levy remains about the same, this would roughly yield a total of $21,670 in City annual tax revenues. Goal Impact: Approving the annexation request would impact Wichita's goal to ensure efficient infrastructure, for annexation of this property would assist the City in satisfying the demand for new infrastructure needed to support growth and development. Legal Considerations: The property is eligible for annexation under K.S.A. 12-519, et seq. Recommendations/Actions: Approve the annexation request, place the ordinance on first reading and authorize the necessary signatures. OCA150005 BID #37529-009 CID #76383 PUBLISHED IN THE WICHITA EAGLE ON_______________ ORDINANCE NO.___________ AN ORDINANCE INCLUDING AND INCORPORATING CERTAIN BLOCKS, PARCELS, PIECES AND TRACTS OF LAND WITHIN THE LIMITS AND BOUNDARIES OF THE CITY OF WICHITA, KANSAS. (A06-26) BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. The governing body, under the authority of K.S.A. 12-519, et seq, hereby annexes the following blocks, parcels, pieces and tracts of land and they are hereby included and brought within the corporate limits of the City of Wichita, Kansas and designated as being part of City Council District VI respectively: TRACT A: Tract in Government Lot 1 in the NE 1/4 of Sec. 27, Twp. 26-S, R-1-W of the 6th P.M., Sedgwick County, Kansas described as: Beginning at a point 395 feet south of the NE corner of said Government Lot 1; thence south along the east line of said Government Lot 1, 165 feet; thence west parallel with the north line of said Government Lot 1, 311.14 feet; thence north 165 feet; thence east 311.14 feet to beginning, subject to road easement on the east 30 feet thereof. TRACT B: Tract in Government Lot 1 in the NE 1/4 of Sec. 27, Twp. 26-S, R-1-W of the 6th P.M., Sedgwick County, Kansas described as: Beginning at a point 280 feet south of the NE corner of said Government Lot 1; thence south 115 feet; thence west parallel with the north line of said Government Lot 1, 311.14 feet; thence north 115 feet; thence east 311.14 feet to the point of beginning, subject to road easement on the east 30 feet thereof. TRACT C: Tract in Government Lot 1 in the NE 1/4 of Sec. 27, Twp. 26-S, R-1-W of the 6th P.M., Sedgwick County, Kansas described as: Beginning at a point 560 feet south of the NE corner of said Government Lot 1; thence south 140 feet; thence west parallel with the north line of said Government Lot 1, 311.14 feet; thence north 140 feet; thence east 311.14 feet to the point of beginning, subject to road easement on the east 30 feet thereof. SECTION 2. That if any part or portion of this ordinance shall be held or determined to be illegal, ultra vires or void the same shall not be held or construed to alter, change or annul any terms or provisions hereof which may be legal or lawful. And in the event this ordinance in its entirety shall be held to be ultra vires, illegal or void, then in such event the boundaries and limits of said City shall be held to be those heretofore established by law. SECTION 3. That the City Attorney be and he is hereby instructed at the proper time to draw a resolution redefining the boundaries and limits of the City of Wichita, Kansas, under and pursuant to K.S.A. 12-517, et seq. SECTION 4. This ordinance shall become effective and be in force from and after its adoption and publication once in the official city paper. ADOPTED at Wichita, Kansas, this ___________________________________. _________________________________ Carlos Mayans, Mayor ATTEST: ____________________________________ Karen Sublett, City Clerk Approved as to form: ____________________________________ Gary E. Rebenstorf, Director of Law Agenda Item No. 55 City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1135 TO: Mayor and City Council Members SUBJECT: A06-27R Request by Jay W. Russell, of Russell Investments, LLC, and Michael Popp to annex land generally located southwest of the intersection of 37th Street North and Ridge Road. (District V) INITIATED BY: Metropolitan Area Planning Department AGENDA: Planning (Consent) ______________________________________________________________________________ Recommendation: Place the annexation ordinance on first reading. Background: The City has received a request to annex 59.29 acres of land generally located southwest of the intersection of 37th Street North and Ridge Road. The annexation area abuts the City of Wichita to the north, east and south. The property owner anticipates that the proposed property will be developed with 29 single-family units and 6,100 square feet of office or commercial property in the next three years. The Metropolitan Area Planning Department approved the final plat (Pier 37 Addition) pertaining to this property on October 5, 2006, subject to annexation into the Wichita city limits. Analysis: Land Use and Zoning: The proposed annexation consists of approximately 59.29 acres of property currently zoned "SF-20" Single-Family Residential. Upon annexation, the "SF-20" Single-Family Residential zoning will convert to "SF-5" Single-Family Residential. Property directly to the north is undeveloped and is zoned "SF-5" Single-Family Residential and "LC" Limited Commercial. Property to the east is primarily undeveloped, with the exception of a few medical offices, and is zoned "NR" Neighborhood Retail District and "LC" Limited Commercial. Property to the south is undeveloped and is zoned as "LI" Limited Industrial. Property to the west of the subject property is primarily undeveloped, with the exception of a few farmstead homes, and is zoned "SF-20" Single-Family Residential. Public Services: There is a 20"water main along the east side of Ridge Road, east of the subject property, and a 16" water main along the south side of 37th Street North, along the northern edge of the subject property. There is a 12" sewer main along the south line of the subject property. In addition, there is an 18" sewer main on the north side of 37th Street North and a 24" public sewer main along the west side of Ridge Road, along the east line of the subject property. Street System: The subject property borders 37th Street to the north, which is a 2-lane asphalt mat road. The City of Wichita Capital Improvement Program (CIP) 2005-2014 and the Transportation Improvement Program (2006-2010) have scheduled improvements to 37th Street North from Maize Road to Ridge Road, directly north of the subject property. The first phase of this project will be to improve 37th Street North to 4/5 lanes with landscaped medians between Ridge Road and Tyler Road, which is scheduled to begin soon. The Sedgwick County Capital Improvement Program 2006-2010 does not call for improvements near the proposed annexation site. Public Safety: Fire services to this site can be provided by the City of Wichita within a seven (7) to eight (8) minute approximate response time from City Station No. 16, located at 1632 North Tyler. Upon annexation, police protection will be provided to the area by the Patrol West Bureau of the Wichita Police Department, headquartered at 661 N. Elder. Parks: The Brooks Tract Park, a 272-acre park, located approximately 1 1/2 miles to the northeast of the proposed annexation site, is currently being developed into a regional park. The North Ridge Village Addition Reserve D, a 17-acre park, located 1/2 mile northeast of the subject property, is undeveloped and functions as habitat for the Eastern Spotted Skunk. In addition, the Sedgwick County Zoo is located approximately 1 1/2 miles south of the subject property. School District: The annexation property is part of the Unified School District 266 (Maize School District). Annexation will not change the school district. Comprehensive Plan: The proposed annexation is consistent with the Wichita-Sedgwick County Comprehensive Plan. The annexation property falls within the 2030 Wichita Urban Growth Area, as shown in the Plan. Financial Considerations: The current approximate appraised value of the proposed annexation lands, according to County records, is $498,880 with a total assessed value of $59,436. Using the current City levy ($31.828/$1000 x assessed valuation), this roughly yields $1,866 in City annual tax revenues for the property. The future assessed value of this property will depend on the type and timing of any other developments on the proposed annexation property and the current mill levy. At this time, the property owner is anticipating that 29 single-family units and 6,100 square feet of office or commercial property will be developed within the next three years. The total appraised value of this development after completion is estimated at $8,852,000. Assuming the current City levy remains about the same, this would roughly yield a total of $35,074 in City annual tax revenues. Goal Impact: Approving the annexation request would impact Wichita's goal to ensure efficient infrastructure, for annexation of this property would assist the City in satisfying the demand for new infrastructure needed to support growth and development. Legal Considerations: The property is eligible for annexation under K.S.A. 12-519, et seq. Recommendations/Actions: Approve the annexation request, place the ordinance on first reading and authorize the necessary signatures. OCA150005 BID #37529-009 CID #76383 PUBLISHED IN THE WICHITA EAGLE ON_______________ ORDINANCE NO.___________ AN ORDINANCE INCLUDING AND INCORPORATING CERTAIN BLOCKS, PARCELS, PIECES AND TRACTS OF LAND WITHIN THE LIMITS AND BOUNDARIES OF THE CITY OF WICHITA, KANSAS. (A06-27) BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: SECTION 1. The governing body, under the authority of K.S.A. 12-519, et seq, hereby annexes the following blocks, parcels, pieces and tracts of land and they are hereby included and brought within the corporate limits of the City of Wichita, Kansas and designated as being part of City Council District V respectively: The E 1/2 of the NE 1/4 of Sec. 33, Twp. 26-S, R-1-W of the 6th P.M., Sedgwick County, Kansas, EXCEPT that part platted as Hoskinson 2nd Addition, Sedgwick County, Kansas, and EXCEPT that part of the E 1/2 of said NE 1/4 described as follows: Beginning at the NW corner of Lot 8, Block 1, in said Hoskinson 2nd Addition; thence S00°07'35"W along the west line of said Lot 8, 206.00 feet to the SW corner of said Lot 8; thence S89°29'08"W parallel with the north line of said NE 1/4, 205.00 feet; thence N00°07'35"E parallel with the west line of said Lot 8, 206.00 feet; thence N89°29'08"E parallel with the north line of said NE 1/4, 205.00 feet to the point of beginning, TOGETHER with that part of the W 1/2 of the NE 1/4 of Sec. 33, Twp. 26-S, R-1-W of the 6th P.M., Sedgwick County, Kansas described as follows: Beginning at the NE corner of the W 1/2 of said NE 1/4; thence westerly along the north line of said NE 1/4, 360.00 feet; thence southerly perpendicular to the north line of said NE 1/4, 95.00 feet; thence southeasterly with a deflection angle to the left of 55°25'09", 30.01 feet; thence easterly with a deflection angle to the left of 34°34'51" and parallel with the north line of said NE 1/4, 79.12 feet; thence northeasterly with a deflection angle to the left of 14°02'34", 16.46 feet; thence easterly with a deflection angle to the right of 14°02'34" and parallel with the north line of said NE 1/4, 22.67 feet; thence southeasterly with a deflection angle to the right of 46°18'08", 45.52 feet; thence southeasterly, 350.27 feet, more or less, to a point on the east line of the W 1/2 of said NE 1/4, said point being 440.00 feet south of the NE corner of the W 1/2 of said NE 1/4; thence northerly along the east line of the W 1/2 of said NE 1/4, 440.00 feet to the point of beginning, all being subject to road rights-of-way of record. SECTION 2. That if any part or portion of this ordinance shall be held or determined to be illegal, ultra vires or void the same shall not be held or construed to alter, change or annul any terms or provisions hereof which may be legal or lawful. And in the event this ordinance in its entirety shall be held to be ultra vires, illegal or void, then in such event the boundaries and limits of said City shall be held to be those heretofore established by law. SECTION 3. That the City Attorney be and he is hereby instructed at the proper time to draw a resolution redefining the boundaries and limits of the City of Wichita, Kansas, under and pursuant to K.S.A. 12-517, et seq. SECTION 4. This ordinance shall become effective and be in force from and after its adoption and publication once in the official city paper. ADOPTED at Wichita, Kansas, this ___________________________________. _________________________________ Carlos Mayans, Mayor ATTEST: ____________________________________ Karen Sublett, City Clerk Approved as to form: ____________________________________ Gary E. Rebenstorf, Director of Law Agenda Item No. 56 CITY OF WICHITA City Council Meeting November 7, 2006 Agenda Report No. 06-1136 TO: Mayor and City Council Members SUBJECT: Authorize submission of Historic Preservation Fund Grant Proposal FY 2007 (District I) INITIATED BY: Metropolitan Area Planning Department AGENDA: Consent ---------------------------------------------------------------------------------------------------------------------- Recommendation: Authorize the submittal of the grant applications. Background: As a Certified Local Government (CLG), the City of Wichita is eligible to participate in the Historic Preservation Fund (HPF) Grant program administered by the Kansas State Historic Preservation Office to finance activities that will contribute to planning for the preservation of our built environment and archaeological resources. Each year the State Historic Preservation Office identifies priority projects. This grant proposal meets the top two priorities established for the FY 2007 preservation grant funds. City Council action is needed to authorize the City Manager to sign the assurances required for submission of the grant proposal. The grant is to provide funding to hire a consultant to complete an historic inventory survey of approximately 360 structures within the Central Business District in an area bounded by the Union Pacific Railroad on the west, Kellogg on the south, Ellis on the east and Douglas on the north. The Historic Preservation Board, in conjunction with the Planning Commission's Advance Plans Committee, identified this area to be surveyed in anticipation of development activities associated with the Sedgwick County Arena project. HPF grants require a 40 percent match of the total project cost. The total cost is $33,840 with federal grant funds of $20,000 and a City match of $13,640. City match is provided through staff time, there is no actual cost match. Analysis: The City of Wichita Historic Preservation Office annually submits grant proposals to fund projects that promote the goals outlined in the City of Wichita Historic Preservation Plan. The grant proposals fund projects that are not included in the Historic Preservation Office annual City budget. Legal Considerations: Grant projects will not be undertaken until programmatic agreements have been executed with the State Historic Preservation Office. Financial Considerations: There is no actual cash match. City match is provided by documented staff hours, which is recorded as cash match on the application. Goal Impact: Core Area and Neighborhoods Recommendation/Action: It is recommended the City Council authorize the submission of the grant proposals for FY2007 Historic Preservation Fund Grant through the Kansas State Historic Society and authorize the City Manager to sign the grant application and assurance documents. Attachment FY 2007 Grant Proposal Documents Agenda Item No. 57. City of Wichita City Council Meeting November 7, 2006 Agenda Report No. 06-1137 TO: Wichita Airport Authority SUBJECT: Pavement Condition Inventory Supplemental Agreement #1 Wichita Mid-Continent Airport INITIATED BY: Department of Airports AGENDA: Wichita Airport Authority (Consent) Recommendation: Approve the supplemental agreement. Background: On July 18, 2006 the Wichita Airport Authority approved an agreement with Applied Pavement Technology for $134,166.29 to inventory the condition of the airfield pavements. Analysis: A supplemental agreement has been prepared to authorize additional services to study the North Cargo Apron pavement in greater detail than in the initial scope of services. Financial Considerations: The cost of the services is $4,590.00 and will be funded with General Obligation Bonds paid for with Airport Revenue, and is within the project budget. Goal Impact: The Airport's contribution to the economic vitality of Wichita is promoted through infrastructure improvements to allow tenant development. Legal Considerations: The supplemental agreement has been approved as to form by the Law Department. Recommendations/Actions: It is recommended that the Wichita Airport Authority approve the supplemental agreement and authorize the necessary signatures. Attachments: Three original signature copies and 12 distribution copies of the supplemental agreement. 26