MINUTES OF THE MEETING OF THE CITY COUNCIL Wichita, Kansas, October 1, 2002 Tuesday, 9:03 A.M. The City Council met in regular session with Mayor Knight in the Chair. Council Members Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, present. Chris Cherches, City Manager; Gary Rebenstorf, Director of Law; Pat Burnett, City Clerk; present. Rev. Ronda Nusbaum, Westside Baptist Church, gave the invocation. The pledge of allegiance to the flag was participated in by the Council Members, staff, and guests. Minutes -- approved The Minutes of the regular meeting of September 17, 2002, were approved 7 to 0. AWARDS AND PRESENTATIONS SERVICE CITATION Distinguished Service Citation was presented. PROCLAMATIONS Proclamations previously approved were presented. SISTER CITIES Sister Cities Delegations from Orleans, France and Cancun, Mexico were recognized. PUBLIC AGENDA Mary Dean Mary Dean, Taxpayers Advocate Group, - Industrial Revenue Bonds. Mary Dean spoke regarding Industrial Revenue Bonds issued to The Boeing Company. Ms. Dean requested public hearings for Boeing officials to give clear explanation of how bond proceeds were spent. Mayor Knight Mayor Knight explained that a regular review of industrial bonds will be held in the future. NEW BUSINESS SANITARY SEWER SANITARY SEWER ALONG SOCORA, NORTH OF MAPLE. (District V) Neil Cable City Engineer reviewed the Item. Agenda Report No. 02-1858 On September 9, 2002, District V Advisory Board sponsored a neighborhood hearing on a proposal to construct a sanitary sewer along Socora north of Maple. The Board voted 6-0 to recommend approval. The area that would be served by the sanitary sewer is comprised of single-family homes that are on private septic tank systems. There have been reports of maintenance problems with some of the systems. The estimated project cost is $67,500 with the total assessed to the improvement district. The proposed method of assessment is the square foot basis. The estimated rate of assessment to individual properties is $00.23 per square foot of ownership. State Statutes provide the authority for the City Council to order in a sanitary sewer project. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Martz moved that the project be approved, the Resolution be adopted; and the Staff Steering and -- carried Committee be authorized to select a design engineer. Motion carried 7 to 0. RESOLUTION NO. 02-438 Resolution of findings of advisability and Resolution authorizing improving of Lateral 65, Main 4 Southwest Interceptor Sewer (along Socora, north of Maple) 468-83503, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Martz moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. BIG DOG M.C. ISSUANCE OF INDUSTRIAL REVENUE BONDS - BIG DOG MOTORCYCLES, L.L.C. (District I) Allen Bell Financial Projects Director reviewed the Item. Agenda Report 02-1859 On October 19, 1999, City Council approved the issuance of Industrial Revenue Bonds in the amount of $2 million, and granted a five-plus-five-year 100% tax exemption on all bond-financed property to Big Dog Motorcycles, L.L.C. Proceeds from the bond issue were used to acquire, refurbish and equip the former Quality Chevrolet facility at 1520 East Douglas in central Wichita. On April 16, 2002, City Council approved an additional Letter of Intent to issue IRBs in the amount of $800,000, and approved a 100% tax exemption on the new bond financed property. The company is now ready for issuance of IRBs to finance the expansion of the facility in the amount not-to-exceed $800,000. The proposed facility will be an addition to Big Dog's corporate headquarters and main manufacturing plant located on east Douglas. The expansion will be located on land already owned by Big Dog. The expansion will consist of approximately a 20,000 s.f. warehouse building. This addition will create space for additional offices and manufacturing activities in the existing plant. The warehouse will be used for motorcycle storage, parts storage and a shipping area for finished goods. The majority of the Big Dog sales are exported outside of the State of Kansas. When bonds were issued in 2000, Big Dog made a commitment to create 35 new jobs in five years, in conjunction with the previous project. Big Dog has exceeded their commitment and has added an additional 30 new jobs. In conjunction with the current improvement project, Big Dog plans to add 29 new jobs to their current employment within five years. USES OF FUNDS Warehouse Costs $532,819 Remodeling of Existing Buildings 147,181 Other Improvements 100,000 Costs of Issuance 20,000 Total Cost of Project: $800,000 The firm of Hinkle Elkouri, L.L.C. serves as the City's bond counsel in the transaction. The taxable bonds will be privately placed. Big Dog Motorcycle agrees to comply with the Standard Conditions contained in the City's IRB Policy. Big Dog Motorcycles 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 City Council has approved a 100% five-plus-five-year property tax exemption of ad valorem property taxes on property financed with bond proceeds. The estimated first year taxes on the proposed $800,000 expansion would be $19,805 on real property improvements, and $1,248 on personal property, based on the 2002 mill levy. Using the allowable tax exemption of 100 percent, the City would be exempting (for the first year) $21,053 of new taxes from the real and personal property tax rolls. The tax exemption will be shared among the taxing entities as follows: City - $5,688; County/State - $5,439; and USD 259 - $9,926. Wichita State University Center for Economic Development and Business Research carried out a cost-benefit analysis indicating benefit-to-cost ratios as follows: City of Wichita 2.60 to one Sedgwick County 2.15 to one USD 259 2.51 to one State of Kansas 29.16 to one Bond documents have been prepared by the City's bond counsel for the project. The City Attorney's Office will review and approve the final form of bond documents prior to the issuance of any bonds. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Brewer moved that the Bond Ordinance approving the Bond documents, including the Trust Indenture, Lease Agreement, Guaranty Agreement, and Bond Placement Agreement for the issuance of Industrial Revenue Bonds be placed on first reading; and the necessary signatures be authorized. Motion carried -- carried 7 to 0. ORDINANCE An Ordinance of the City of Wichita, Kansas, authorizing the issuance of $800,000 Aggregate Principal Amount of Taxable Industrial Revenue Bonds, Series III, 2002 (Big Dog Motorcycles Project) for the purpose of providing funds to acquire, construct and equip a commercial warehouse facility to be located adjacent to an existing commercial facility in the City of Wichita, Kansas; prescribing the form and authorizing execution of a First Supplemental Trust Indenture by and between the City and Intrust Bank, N.A., as Trustee with respect to the Bonds; prescribing the form and authorizing the execution of a First Supplemental Lease Agreement by and between the City and Waterview Realty, L.L.C.; approving the form of a Guaranty Agreement; approving the First Supplemental Sublease between Waterview Realty, L.L.C. and Big Dog Motorcycles, L.L.C.; authorizing the execution of a Bond Placement Agreement by and between the City and Waterview Realty, L.L.C., as purchaser of the Bonds, introduced and under the rules laid over. MORTGAGE LOANS SINGLE FAMILY MORTGAGE REVENUE BONDS. Kelly Carpenter Assistant Director of Finance reviewed the Item. Agenda Report No. 02-1860 In 1979, the City of Wichita issued single-family mortgage revenue bonds to provide low interest mortgage funds for low and moderate-income homebuyers. In 1993, low interest rates allowed George K. Baum & Company to issue the 1993 Series A Bonds to refund the 1979 Bonds and release excess cash to the City. George K. Baum presented a proposal to the City of Wichita based on current low interest rates to liquidate or sell the remaining mortgage pool, defease the outstanding 1993 Series A Bonds and release any excess funds to the City of Wichita. On September 24, 2002, at 11:00 a.m., George K Baum & Company will receive competitive bids on an "all or nothing" basis from purchasers for the purchase of single-family whole mortgage loans, which are currently pledged, to the 1993 Series A Bonds. The winning bidder will be notified, subject to approval by the City of Wichita City Council at its October 1 meeting. A preliminary estimate of the funds available to the City of Wichita after defeasance of the 1993 Series A Bonds totals approximately $500,000. The funds will be deposited in the Economic Development Special Revenue Fund to offset costs associated with future economic development prospects. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the sale of the mortgage loans to Morgan Keegan at 103.8 percent be awarded; the Declaration of Emergency be approved; the Ordinance authorizing execution and delivery of the Mortgage Sale Agreement and related documents, and redemption and payment in full of the City of Wichita, Kansas Single Family Mortgage Revenue Refunding Bonds 1993, Series A, be adopted on first -- carried reading; and the necessary signatures be authorized. Motion carried 7 to 0. ORDINANCE NO. 45-391 An Ordinance relating to a local residential housing finance plan established by the City of Wichita, Kansas; authorizing and approving the payment in full of the City's Single Family Mortgage Revenue Refunding Bonds (Multiple Servicers), 1993 Series A, and the sale of the mortgage loans securing such Bonds; and authorizing the officers, employees and representatives of the City of Wichita, Kansas to do and perform all things necessary, appropriate and incidental thereto. Knight moved that the Ordinance be placed on its passage and adopted on the date of its introduction, all in accordance with K.S.A. 12-3001. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. (The Council proceeded to take up Item No. 6. Action is shown in Agenda order.) RIVERSIDE PARK RIVERSIDE PARK IMPROVEMENTS AND RENOVATIONS. (District VI) Doug Kupper Director of Parks and Recreation reviewed the Item. Agenda Report No. 02-1861 Between 1990 and 1995, the Park and Recreation Department met with citizens to plan for a revitalization of the Riverside Park System. This System starts upriver at Oak Park and extends downriver to Central Riverside Park. The original master plan included kayak courses, re-creation of the old horse track, picnic shelters, reduced traffic, bike paths, and more. Around 1995, a compromise was developed and priorities for improvements established. In October 1999, the City Council authorized $500,000 for the design of the renovations. Towards the end of that year, the consulting firm of Wilson Darnell Mann began meeting with City staff and various individuals and citizen groups. As elements of the plan were developed, they were presented to citizens for review/input. Those elements that met with the most objections were removed from the plan. The Park Board approved the design and Wilson Darnell Mann and recommended the architect proceed with construction documents. On September 11, 2001, the design was presented to over 100 people representing the Riverside Citizens Association, the Delano District, North Riverbend, and Historic Midtown. Although the plan in its entirety did not receive unanimous approval, major elements were agreed upon - in Oak Park the rehabilitation of the lily pond and stream system and the reconstruction of the stone arch; in Park Villa new parking will be created with a revitalized pond; Central Riverside will receive new entry features at Nims and Murdock, reduced paving, an interactive water feature, and new activities center. The "horse track" will be reconstructed as a strolling path with new comfort stations. Design plans for the Central Riverside Park project have been reviewed and discussed at a number of neighborhood planning meetings, and incorporate a considerable amount of citizen input. The final plan has been completed, and construction may begin with the City Council's formal approval of the plan and its authorization of staff to solicit bids for construction. On January 23, 2001, the City Council authorized $2.5 million for construction at Central Riverside. In April 2002, the City Council authorized an additional $2.0 million in the Capital Improvement Program, bringing the total project budget to $5.0 million. The final plan for Central Riverside is anticipated to be within the limitations of authorized funding. Mayor Knight Mayor Knight inquired if anyone wished to be heard. Kathy Dittmer Kathy Dittmer urged approval of the project. Motion -- Fearey moved that the Plan be approved and Staff be authorized to solicit construction bids. Motion -- carried carried 7 to 0. (Item No. 6) CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 02-1862 On August 20, 2002 a report was submitted with respect to the dangerous and unsafe conditions on nine (9) properties. 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 October 1, 2002. On August 5, 2002, the Board of Code Standards and Appeals (BCSA) held a hearing on the following properties: Property Address Council District 1. 2252 North Erie I 2. 711 East Antler I 3. 3649-57 East Dunham III 4. 628 North Cleveland I 5. 1102 North Ash I 6. 1239 North Poplar I 7. 2308 North Wellington Pl. VI 8. 1805 South Broadway III 9. 1340-42 South Terrace III Pursuant to State Statute the Resolutions were duly published twice on August 21, 2002 and August 28, 2002. A copy of each resolution was sent by certified mail or given personal service delivery to the owners and lien holders of record of each described property. Mayor Knight Mayor Knight inquired if anyone wished to be heard and no one appeared. Motion -- Knight moved that the public hearing be closed; that all items, except No.1 (2252 North Erie) and No. 5 (1102 North Ash), be approved; the Resolutions declaring the buildings dangerous and unsafe structures, be adopted; and the BCSA recommended action to proceed with condemnation allowing 10 days to start demolition and 10 days to complete removal of the structures be accepted. Any extensions of time granted to repair the structure would be conditioned on the following: (1) All taxes have been paid to date, as of October 1, 2002; (2) the structure(s) has/have been secured as October 1, 2002 and will continue to be kept secured, and (3) the premises are mowed and free of debris as of October 1, -- carried 2002 and will be so maintained during renovation, be adopted. Motion carried 7 to 0. RESOLUTION NO. 02-426 : Resolution finding that the structure described as: Lot 11, Antler Avenue, Cottage Park Addition to Wichita, Sedgwick County, Kansas, commonly known as 711 East Antler, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. 02-427 : Resolution finding that the structure described as: Lot 11, Block J, Planeview Subdivision No. 2, Sedgwick County, Kansas, commonly known as 3649-57 East Dunham, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. 02-428 : Resolution finding that the structure described as: Lots 2-3, Shirk's Addition to Wichita, Sedgwick County, Kansas known as 628 North Cleveland, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. 02-430 : Resolution finding that the structure described as: Lots 65-67, Mona, now Poplar Street, Fairmount Park Addition to Wichita, Sedgwick County, Kansas, commonly known as 1239 North Poplar, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. 02-431 : Resolution finding that the structure described as: Lot 18, Wellington Place, Walter Morris & Son's Addition to Wichita, Sedgwick County, Kansas, commonly known as 2308 North Wellington Place, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. 02-432 : Resolution finding that the structure described as: Lots 102-104, Lawrence Avenue, English 7th Addition to Wichita, Sedgwick County, Kansas, commonly known as 1805 South Broadway, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. 02-433 : Resolution finding that the structure described as: Lot 17, exc. the pt. east line 8.11 ft., northwest of northeast corner ext. south to pt. 45.4 ft. northwest of southeast corner, Block F, Hilltop Manor Sub, a replat of pt. Hilltop Manor and Hilltop Manor Second, Wichita, Sedgwick County, Kansas, commonly known as 1340-42 South Terrace, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. Item No. 1 (2252 North Erie) Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Mayor Knight Mayor Knight inquired whether anyone wished to be heard. Ronald Austin Ronald Austin, son of the owner, said his sister was going to try to pay the taxes and get repairs started. It now looks like it will be the middle of the month before anything can begin. Mr. Austin requested six months to complete repairs. Motion -- Brewer moved that thirty days be given to pay current taxes and return to the City Council with a plan -- carried for the property. Motion carried 7 to 0. Item No. 5 (1102 North Ash) Kurt Schroeder Superintendent of Central Inspection reviewed the Item. Mayor Knight Mayor Knight inquired whether anyone wished to be heard. Byron Sanders Byron Sanders, said the house belongs to three family members. One of the owners has $2,000 toward demolition of the property; however, it will be November before she is able to obtain the balance for demolition. Motion -- Brewer moved that the public hearing be closed; the Resolution declaring Item No. 5 (1102 North Ash) as a dangerous and unsafe structure, be adopted; and 60 days be given for the owner to complete demolition; if not completed within 60 days, the BCSA recommended action to proceed with condemnation allowing 10 days to start demolition and 60 days to complete removal of the structures be accepted. Any extensions of time granted to repair the structure would be conditioned on the following: (1) All taxes have been paid to date, as of October 1, 2002; (2) the structure(s) has/have been secured as October 1, 2002, and will continue to be kept secured, and (3) the premises are mowed and free of debris as of October 1, 2002, and will be so maintained during renovation, be adopted. Motion carried -- carried 7 to 0. RESOLUTION NO. 02-429 Resolution finding that the structure described as: Lot Lots 46-48, Norris Sub-Division, Wichita, Sedgwick County, Kansas, commonly known as 1102 North Ash, Wichita, Kansas, is unsafe or dangerous and directing the structure(s) to be made safe and secure or removed, read. Brewer moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. CITY COUNCIL AGENDA APPOINTMENTS BOARD APPOINTMENTS. Motion -- Martz moved that David Dennis, David Almes, Bob Bulman, Bob Sorenson, Andy Johnson, Maurice Ediger, Amy Garcia, Fran Hoggatt, Terri Schmidt, Sean Cash and Samantha Morgan be appointed to -- carried DAB V. Motion carried 7 to 0. TRAVEL APPROVAL APPROVAL FOR BILL GALE TO ATTEND THE PUBLIC SAFETY AND CRIME PREVENTION STEERING COMMITTEE MEETING,OCTOBER 3-5, 2002 AT EVERETT, WASHINGTON. Motion --carried Knight moved that the travel expenditures be approved. Motion carried 7 to 0. APPROVAL FOR BOB MARTZ TO ATTEND THE HUMAN DEVELOPMENT STEERING COMMITTEE MEETING, OCTOBER 10-12, 2002 IN WACO, TEXAS. Motion --carried Knight moved that the travel expenditures be approved. Motion carried 7 to 0. APPROVAL OF TRAVEL EXPENSES FOR CITY COUNCIL MEMBERS TO ATTEND NATIONAL LEAGUE OF CITIES ANNUAL CONFERENCE IN SALT LAKE CITY, DECEMBER 2-7, 2002. Motion --carried Knight moved that the travel expenditures be approved. Motion carried 7 to 0. CONSENT AGENDA Knight moved that the Consent Agenda, except Item 20, be approved as consensus Items. Motion carried 7 to 0. BOARD OF BIDS REPORT OF THE BOARD OF BIDS AND CONTRACTS DATED SEPTEMBER 30, 2002. Bids were opened September 20, and September 27, 2002, pursuant to advertisements published on: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION: Sewers, Paving and Water Mains as per specifications. Construct pavement on Northwind and West 33rd North, from the east line of the plat, west, southeast and east back to the east line of the plat. Drainage to be installed where necessary to serve Ridge Port Commercial Park -north of 29th Street North, west of Ridge. (472-83556/765742/490853) Does not affect existing traffic. (District V) Ritchie Paving - $184,443.70 Remove pedestal mounted traffic signals at three intersections downtown and replace them with pole and mast arms - south of Central east of Main. (87 N-0275-01 472-83367/710215/231077) Traffic to be maintained during construction using flagpersons and barricades. (District I & VI) Sims Electric - $172,346.69 (Subject to KDOT approval) Remove pedestal mounted traffic signals at Emporia & Third Street, Topeka & Third Street, Emporia & English and Topeka & English and replace them with overhead signals and mastarms - south of Central east of Main. (472-83367 /710215/231077) Traffic to be maintained during construction using flagpersons and barricades. (District I & VI) Sims Electric - $226,019.41 2002 Planeview Sanitary Sewer Reconstruction Phase 1 - south of Pawnee, east of Hillside. (468-83488/622237/642345) Traffic to be maintained during construction using flagpersons and barricades. (District III) WB Carter Construction - $146,000.00 Lateral 141, Main 4, Sanitary Sewer #23 to serve Unplatted Tract - west of Arkansas, north of 31st Street North. (468-83427/743922/480610) Traffic to be maintained during construction using flagpersons and barricades. (District VI) Wichita Excavation - $8,610.00 Grove Court to serve Pine Bay Estates - east of Hydraulic, south of 63rd Street South. (472-83617/765753/490864) Does not affect existing traffic. (District III) Cornejo & Sons Construction - $79,965.25 Broadview Circle to serve the south line of 45th Street North, south to and including the cul-de-sac, and; sidewalk be constructed along both sides of Broadview Circle to serve Northeast Middle School - south of 45th Street North, west of Oliver. (472-83604/765745/490856) Does not affect existing traffic. (District I) Cornejo & Sons Construction - $301,009.25 Great Plains, 34th Street North and Ridgewood from the north line of 35th Street North adjacent to part of Lot 1 and adjacent to Lots 2 through 6, Block 2, to the north line of 36th Street North to serve Great Plains Business Park 3rd Addition - east of Oliver, north of K-96. (472-83550 /765738/490849) Does not affect existing traffic. (District I) Ritchie Paving - $369,866.45 Water distribution system to serve Fossil Rim Estates - east of Tyler, south of 29th Street North. (448-89697/735075/470745) Does not affect existing traffic. (District V) Mies Construction - $84,024.00 Water distribution system to serve Highland Spring 2nd Addition (west of 135th Street West, south of Central) (448-89428/735076/470746) Does not affect existing traffic. (District V) WBW Contractors - $32,690.00 Knight moved that the contract(s) be awarded as outlined above, subject to check, same being the lowest and best bid within the Engineer's construction estimate, and the and the necessary signatures be authorized. Motion carried 7 to 0. FINANCE DEPARTMENT/DATA CENTER DIVISION: Voice & Data Wiring Water Mains & Services. (792369) Vision Communications Inc. - $18,663.00 (Total net bid) PUBLIC WORKS DEPARTMENT/FLEET MAINTENANCE DIVISION: Air Compressor, Trailer Mounted. (130807) White Star Machinery & Supply Co. - $9,994.00 (Total net base bid) $ 205,00 (Option 1/total net bid) $ 225.00 (Option 2/total net bid) PUBLIC WORKS DEPARTMENT/TRAFFIC MAINTENANCE DIVISION: Traffic Control Equipment. (132217) Gades Sales Company, Inc. - $7,527.00 (Group 1/total net bid) Mid American Signal - $24,795.00 (Group 2/total net bid) $ 1,995.00 (Group 3/total net bid) Gades Sales Company, Inc. - $37,928.00 (Group 4/total net bid) PUBLIC WORKS DEPARTMENT/FLEET & BUILDING DIVISION: Replace and Repair Doors at Mid-America Indian Center. (792369) Wichita Door Controls - $25,353.00 (Total net bid) VARIOUS DEPARTMENTS/VARIOUS DIVISIONS: Heating and/or Air Conditioning Repair Service. (130500) Central Air Conditioning - $50.55 (Group 1/item 1-hourly rate) $72.79 (Group 1/item 2-hourly rate) $95.03 (Group 1/item 3-hourly rate) 33% (Option 1/percentage above cost) Floyd Mechanical Corporation - $39.99 (Group 2/item 5-hourly rate) $54.55 (Group 2/item 6-hourly rate) $54.55 (Group 2/item 7-hourly rate) 12% (Option 1/percentage above cost) WATER & SEWER DEPARTMENT/SEWAGE TREATMENT DIVISION: Sewage Treatment System Telemetry Improvements. (624070) TEC Engineering Inc. - $94,850.00 (Total net bid) FINANCE DEPARTMENT (IT/IS DIVISION): Electronic Key Telephone Systems and Inter-Building Cabling for Five (5) Fire Stations and Alford Branch Library. (792309) Comm-Tech Services Co., Inc. - $21,589.00 (Total net bid) PUBLIC WORKS DEPARTMENT/FLEET MAINTENANCE DIVISION: Diamond Saw Blades. (130849) Watkins Sunflower Supply Co. - $202.17 (Item 1/per each) $260.87 (Item 2/per each) $153.26 (Item 3/per each) WICHITA TRANSIT: Downtown Transit Center Signage. (629453) Star Signs & Graphics Inc. - $14,775.00 (Total net bid) Knight moved that the contract(s) be awarded as outlined above, same being the lowest and best bid, and the necessary signatures be authorized. Motion carried 7 to 0. LICENSES APPLICATIONS FOR LICENSES TO RETAIL CEREAL MALT BEVERAGES: Renewal 2002 (Consumption on Premises) Dennis H. Grady Wichita Canteen Company, Inc.* 1845 Fairmount (Consumption off Premises) Robert J. Bales Klepper Marketing Inc. dba Pit Stop 565 South Market New Operator (Consumption off Premises) John E. Brown B & B Fuel Centers of Kansas Inc. 8008 East 21st Street John E. Brown B & B Fuel Centers of Kansas Inc. 3810 North Woodlawn John E. Brown B & B Fuel Centers of Kansas Inc. 1925 West 21st Street New Establishment (Consumption on Premises) Claudia Orozco Chavez Restaurant* 3008 West Central *General/Restaurant - 50% or more of gross receipts derived from sale of food. Motion -- Knight moved that the licenses be approved subject to Staff review and approval. Motion carried -- carried 7 to 0. PLANS AND SPECS. SUBDIVISION PLANS AND SPECIFICATIONS. There were no Sub-Division Plans and Specifications submitted. PRELIMINARY ESTS. PRELIMINARY ESTIMATES: a) Southeast Water Transmission Main Phase III - Along K-15 from Kansas Turnpike to Pawnee. (448-89707/633740/751884) Traffic to be maintained during construction using flagpersons and barricades. (District III) - $4,500,000.00 b) 2002 Sanitary Sewer Reconstruction Phase 7 (various locations) - south of 13th, west of Hillside. (468-83489/620353/662476) Traffic to be maintained during construction using flagpersons and barricades. (District I, III, VI) - $69,000.00 c) Golden Hills from the south line of Lot 2, Block F, south to the east line of Milstead, on Milstead, from the east line of Lot 24, Block B, east to the east line of Lot 17, Block D, and on Grant from the west line of the plat east to the east line of Milstead, Grant Court from the north line of Grant, north to and including the cul-de-sac, on Grant Court from the south line of Grant, south to and including the cul-de-sac, and on Golden Hills Court from the east line of Golden Hills, east to and including the cul-de-sac. Sidewalk along one side of Golden Hills from the west line of the plat to the west line of Milstead, along one side of Milstead from the east line of Lot 24, Block B to the east line of Lot 17, Block D, and on one side of Golden Hills from the south line of Lot 2, Block F, to the east line of Milstead to serve Flat Creek Addition - north of Pawnee, east of 119th Street West. (472-83384/765743/490854) Does not affect existing traffic. (District V) - $583,000.00 d) Water distribution system to serve Mediterranean Plaza Addition - west of Webb, south of 37th Street North. (448-89686/735068/470738) Does not affect existing traffic. (District II) - $27,500.00 e) Lateral 2, Main 12, Sanitary Sewer #23 to serve Eagles Landing at North Oliver Second Addition - south of 45th Street North, west of Oliver. (468-83285/743940/480628) Does not affect existing traffic. (District I) - $163,000.00 f) Lateral 3, Main 12, Sanitary Sewer #23 to serve Eagles Landing at North Oliver Second Addition - south of 45th Street North, west of Oliver. (468-83286/743941/480629) Does not affect existing traffic. (District I) - $124,000.00 g) 31st Street North from Hood to Arkansas to serve Timmermeyer Gardens, E.C. & L.R. Cole's Addition to Carey Park, and Unplatted Tracts - north of 29th Street North, west of Arkansas. (472-83271/765651 /636118/490762/772515) Traffic to be maintained during construction using flagpersons and barricades. (District VI) - $521,788.00 Motion -- carried Knight moved that the Preliminary Estimates be received and filed. Motion carried 7 to 0. DEEDS/EASEMENTS DEEDS AND EASEMENTS: a) Drainage & Utility Easement dated August 14, 2002 from Fouts Geller Development Company, LLC, a Kansas Limited Liability Company for a tract of land in Reserve "G" and Lot 1, Block B, Fossil Rim Estates, Wichita, Sedgwick County, Kansas (Fossil Rim, OCA #743937). No cost to City. b) Drainage Easement dated August 20, 2002 from Triple J Development, L.L.C., a Kansas Limited Liability Company for tracts of land in Lots 37, 40 and 41, Block A, and Lots 19 and 20, Block B, Reece Farms Estates, an Addition to Wichita, Sedgwick County, Kansas (Hendryx, OCA # 765712). No cost to City. c) Dedication dated August 27, 2002 from John L. Kratzer, Jr., Vice President of Great Planis Ventures, Inc. for a tract of land in Lot 8, Block 1, Great Plains Business Park Addition to Wichita, Sedgwick County, Kansas (Great Plains 3rd, OCA # 765738). No cost to City. d) Dedication dated August 27, 2002 from John L. Kratzer, Jr., Vice President of Great Planis Ventures, Inc. for a tract of land in Lot 1, Block 1, Great Plains Business Park Addition to Wichita, Sedgwick County, Kansas (Great Plains 3rd, OCA # 765738). No cost to City. e) Dedication dated September 5, 2002 from Cessna Aircraft Company for a tract of land in the Southeast Quarter of Section 3, Township 28S, R-1-W of the 6th P.M., Sedgwick County, Kansas (Hoover, 31st to Harry, OCA #706827). No cost to City. f) Dedication dated September 5, 2002 from Cessna Aircraft Company for a tract of land in the Southwest Quarter of Section 2, Township 28S, R-1-W of the 6th P.M., Sedgwick County, Kansas (Hoover, 31st to Harry, OCA #706827). No cost to City. g) Dedication dated September 5, 2002 from Cessna Aircraft Company for a tract of land in the Southeast Quarter of Section 3, Township 28S, R-1-W of the 6th P.M., Sedgwick County, Kansas (Hoover, 31st to Harry, OCA #706827). No cost to City. h) Drainage Easement dated September 10, 2002 from Unified School District 259 for a tract of land in Lot 1, Block A, Northeast Middle School Addition, Wichita, Sedgwick County, Kansas (Broadview, OCA # 765745). No cost to City. Motion --carried Knight moved that the documents be received and filed; and the necessary signatures be authorized SANITARY SEWER PETITION TO CONSTRUCT A SANITARY SEWER MAIN TO SERVE FOSSIL RIM ESTATES ADDITION - EAST OF TYLER, SOUTH OF 29TH STREET NORTH. (District V) Agenda Report No. 02-1863 The Petition has been signed by two owners, representing 100% of the improvement district. The project will extend sanitary sewer main service to a new residential development located east of Tyler, south of 29th Street North. The Petition totals $113,000. The funding source is special assessments. State Statutes provide that a Petition is valid if signed by a majority of resident property owners or the majority of the property in the improvement district. Motion -- carried Knight moved that the Petition be approved and the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. 02-439 Resolution of findings of advisability and Resolution authorizing improving of Main 19, Part 6, Southwest Interceptor Sewer (east of Tyler, south of 29th Street North), 468-83471, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. SANITARY SEWER PETITION TO CONSTRUCT A SANITARY SEWER TO SERVE A TRACT IN WOODLAND LAKES ESTATES SECOND ADDITION - NORTH OF HARRY, WEST OF 127TH STREET EAST. (District II) Agenda Report No. 02-1864 The Petition has been signed by one owner, representing 100% of the improvement district. The project will extend sanitary sewer service to an undeveloped residential tract created by a lot split. The Petition totals $6,750. The funding source is special assessments. State Statutes provide that a Petition is valid if signed by a majority of resident property owners or the majority of the property in the improvement district. Motion -- carried Knight moved that the Petition be approved and the Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. 02-440 Resolution of findings of advisability and Resolution authorizing improving of Lateral 336, Four Mile Creek Sewer, (north of Harry, west of 127th Street East), 468-83492, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. IMPROVEMENTS PETITIONS FOR SANITARY SEWER AND WATER DISTRIBUTION SYSTEM TO SERVE PART OF SAVANNA AT CASTLE ROCK RANCH 9TH ADDITION - NORTH OF 13TH STREET, EAST OF 143RD STREET EAST. (District II) Agenda Report No. 01-1866 The Petitions have been signed by seven owners, representing 100% of the improvement districts. These projects will provide sanitary sewer, and water service to a new residential development located north of 13th, east of 143rd Street East. The Petitions total $259,050. The funding source is special assessments. State Statutes provide that a Petition is valid if signed by a majority of resident property owners or the majority of the property in the improvement district. Motion -- carried Knight moved that the Petitions be approved and the Resolutions be adopted. Motion carried 7 to 0. RESOLUTION NO. 02-441 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89717 (north of 13th Street, east of 143rd Street East), in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. 02-442 Resolution of findings of advisability and Resolution authorizing improving of Lateral 338, Four Mile Creek Sewer (north of 13th Street, east of 143rd Street East) 468-83497, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. IMPRVEMENTS PETITIONS FOR SANITARY SEWER AND DRAINAGE IMPROVEMENTS TO SERVE THE WATERFRONT ADDITION - EAST OF WEBB, NORTH OF 13TH. (District II) Agenda Report No. 02-1865 The Petitions have been signed by one owner, representing 100% of the improvement districts. These projects will provide sanitary sewer and drainage improvements to serve a new mixed-use development located east of Webb, north of 13th. The Petitions total $468,000. The funding source is special assessments. State Statutes provide that a Petition is valid if signed by a majority of resident property owners or the majority of the property in the improvement district. Motion -- carried Knight moved that the Petitions be approved and the Resolutions be adopted. Motion carried 7 to 0. RESOLUTION NO. 02-443 Resolution of findings of advisability and Resolution authorizing improving of Lateral 39, Main 24 War Industries Sewer (east of Webb, north of 13th Street), 468-83495, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. 02-444 Resolution of findings of advisability and Resolution authorizing construction of Storm Water Drain No. 189, (east of Webb, north of 13th Street), 468-83500, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. STREET CLOSURES CONSIDERATION OF STREET CLOSURES/USES. There were no street closures submitted. PROPERTY ACQ. AMENDMENT TO CONTRACT FOR CONSULTANT SERVICES FOR ACQUISITION AND RELOCATION: US-54 (KELLOGG) RECONSTRUCTION PROJECT. (District II). Agenda Report No. 02-1867 In 1999, the City entered into a contract with Land Acquisitions, Inc. (LAI) to provide acquisition and relocation assistance on interchange projects on Kellogg Avenue. The contract provided for a fixed cost per activity with a maximum contract amount of $225,000 with an amended contract end date of December 31, 2001. The contract included acquisition and relocation for the Kellogg/Woodlawn and Kellogg/Tyler and Maize projects are largely completed. The contract amount was increased to $325,000 in November 2001 to allow the initiation of active acquisition for the Kellogg/Rock Road Interchange project. During the course of acquisition for Kellogg/Rock Road, several tracts were added and several additional relocates were identified. The remaining approved funding and term of the current contract are not sufficient to fully fund acquisition and relocations services required for the project. To allow completion of the project, it is estimated that an increase in the maximum contract amount to $375,000 will be required. Per tract costs for acquisition, appraisals, review appraisals, sign valuations, residential and commercial relocations and personal property relocations are unchanged. This extension and increase will allow timely completion of the Kellogg/Rock Road Interchange project. Funding is available within the project budget to fund the proposed increase. Project costs will be funded with local sales tax revenues. Motion -- Knight moved that the Agreement/Contract be approved; and the necessary signatures be authorized. -- carried Motion carried 7 to 0. U.S.G.S. WATER UNITED STATES GEOLOGICAL SURVEY (USGS) SURFACE WATER AGREEMENT OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2003. Agenda Report No. 02-1868 In 1957, as a condition of Federal assistance in construction of the Wichita-Valley Center Flood Control Project, the City of Wichita entered into a cooperative Agreement with the United States Geological Survey (U.S.G.S.) to install and maintain stream recorders along the project. Rainfall recorders were added later for the City's own use. In 1965, the Water Department added stream-gauging stations at Cheney Reservoir. The Department of Public Works uses recorders to monitor rainfall through the drainage basins affecting the project to determine volumes of incoming water. This collected data is transmitted to the weather bureau, which transmits the data to the River Forecast Center in Tulsa, Oklahoma. The data is statistically analyzed and published by U.S.G.S. The Water Department monitors the flow of water into and out of Cheney Reservoir and relays the elevation of the lake to the Corps of Engineers. The Agreement requires the City to pay $29,920 of the $49,900 total program cost, with U.S.G.S. responsible for the balance of $19,980. Budget for the City's cost is split between the Water and Sewer Department ($14,465) and City-County Flood Control ($15,455). In addition, the City provides office space for the United States Geological Survey, WRD, Kansas District for which it charges annual rent of $14,000. This amount is paid by Flood Control to the City's Property Management Operations Fund to offset a portion of the $15,455 program costs. The balance of $1,455 is paid directly to U.S.G.S. This cooperative agreement covers the following program for the 2003 Fiscal Year: Water Department, streamflow-gauging stations: Wichita USGS FY01 07144780 NFNinnescah R. abv Cheney Res. $6,215 $5,085 $11,300 07144790 Cheney Reservoir nr Cheney 2,035 1,665 3,700 07144795 NF Ninnescah R. at Cheney 6,215 5,085 11,300 Public Works Department, streamflow-gauging stations, rental of equipment, and processing of digital tapes: 07143375 Arkansas R nr Maize $6,215 $5,085 $11,300 07144550 Arkansas R. at Derby 3,740 3,060 6,800 Rental of 7 recorders and processing tapes 5,500 5,500 Total Program $29,920 $19,980 $49,900 Motion -- Knight moved that the Agreement/Contract be approved; and the necessary signatures be authorized. -- carried Motion carried 7 to 0. PAVING NO PROTESTAGREEMENT/SABIN STREET PAVING - NORTH OF HARRY. (District IV) Agenda Report No. 02-1869 The owner of a tract on Sabin, north of Harry, has requested a zone change to develop a warehouse. Although Sabin is unpaved, it is not practical to obtain a valid paving Petition at this time. As a result, the property owner has submitted an Agreement to not protest paving at a future date. The Agreement will be recorded with the County Register of Deeds and will be binding on subsequent property owners. There are no financial considerations. Motion -- Knight moved that the Agreement/Contract be approved; and the necessary signatures be authorized. -- carried Motion carried 7 to 0. DESIGN SERVICES SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION ENGINEERING AND STAKING HARRISON PARK 2ND ADDITION - EAST OF WEBB, NORTH OF HARRY. Agenda Report No. 02-1870 The City Council approved the project on July 16, 2002. On September 10, 2002, the City approved an Agreement with Ruggles & Bohm, P.A. (R&B) to design the improvements. The Design Agreement with R&B requires R&B to provide construction engineering services if requested by the City. The proposed Supplemental Agreement between the City and R&B provides for construction engineering and staking for the improvements in Harrison Park 2nd Addition. Due to the current workload created by previous projects, City crews are not available to perform the construction engineering for this project. Payment will be on a lump sum basis of $12,000 and will be paid by special assessments. Motion -- Knight moved that the Agreement/Contract be approved; and the necessary signatures be authorized. -- carried Motion carried 7 to 0. DESIGN SERVICES SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION ENGINEERING FOR LANDSCAPING ON PAWNEE FROM ROCK ROAD TO WEBB ROAD AND WEBB ROAD FROM PAWNEE TO HARRY. (District II) Agenda Report No. 02-1871 The City Council approved the project on May 19, 1998. On January 26, 1999, the City approved an Agreement with MKEC Engineering Consultants, Inc. (MKEC) to design the improvements. The Design Agreement with MKEC requires MKEC to provide construction engineering services if requested by the City. The proposed Supplemental Agreement between the City and MKEC provides for construction engineering for the landscaping. Due to the current workload created by previous projects, City crews are not available to perform the construction engineering for this project. Payment will be on a lump sum basis of $7,107.46 and will be paid by General Obligation Bonds. Motion -- Knight moved that the Agreement/Contract be approved; and the necessary signatures be authorized. -- carried Motion carried 7 to 0. ENCROACHMENT ENCROACHMENT AGREEMENT FOR 355 NORTH ROCK ISLAND. (District VI) Agenda Report No. 02-1872 Schrader Brothers Construction Company owns the 39,373 square foot warehouse building located at 355 North Rock Island. The property is currently vacant. They are in the process of selling the property to developer who wishes to renovate the building into apartments. As part of the sales process, a survey was commissioned that indicated two minor encroachments by the building on to City right-of-way. In order to complete the proposed sale and get financing for the redevelopment of the site, the encroachments need to be resolved. The City Legal Department has a standard form for resolving encroachments. These types of encroachments are relatively common in the downtown area. Resolution of the encroachment will allow the redevelopment and reutilization of this property. There is no financial cost to the City. Redevelopment of the property will increase property tax values. Motion -- Knight moved that the Agreement/Contract be approved; and the necessary signatures be authorized. -- carried Motion carried 7 to 0. TALKING BOOKS BLIND AND PHYSICALLY HANDICAPPED (TALKING BOOKS) CONTRACT. Agenda Report No. 02-1899 The Wichita Public Library is one of six library agencies throughout the state that delivers library service to blind and physically handicapped residents of Kansas through contracts with the Kansas State Library. The Wichita site delivers service to eligible customers from all of Sedgwick County and fifteen counties in Southeast Kansas. Although Wichita's participation as a contracting agency has been in place for many years, because federal funds are included in the contract payment, annual contracts renewing the relationship with the State Library are required. Wichita's ability to house a subregional library for the blind and physically handicapped allows the Wichita Public Library to enhance its service delivery to customers with special needs. While most other customers of this service must rely on toll-free phone and mail access to the library service, Wichita's customers have the added benefit of receiving walk-in service from Wichita's Central branch library. Senior centers, retirement and nursing homes, special education centers and other agencies also benefit from having the subregional staff available locally to promote and/or present training about this important but frequently overlooked program. The contract and budget were reviewed and endorsed by the Library Board of Directors during their September 2002 meeting. The grant includes a base payment with the remaining value of the contract awarded on the subregional's share of the statewide service delivery. The payment to Wichita for the 2002-2003 year will be $107,880. The budget will be enhanced by an additional $12,446 in funding from the South Central Kansas Library System. All of the funding will be spent on staff support for the program. Motion -- Knight moved that the Agreement/Contract be approved; and the necessary signatures be authorized. -- carried Motion carried 7 to 0. DESIGN SERVICES AGREEMENT FOR DESIGN SERVICES - STREETS NORTH OF 53RD STREET NORTH, EAST OF MERIDIAN. (District VI) Agenda Report No. 02-1873 The City Council approved the project on August 7, 2002. The proposed Agreement between the City and Certified Engineering Design, P.A. provides for designing streets north of 53rd Street North, east of Meridian. The Staff Screening & Selection Committee selected Certified Engineering for the design on August 2, 2002. Payment will be on a lump sum basis of $34,338, and will be paid by special assessments. Motion -- Knight moved that the Agreement/Contract be approved; and the necessary signatures be authorized. -- carried Motion carried 7 to 0. RELOCATION RELOCATION OF WATER AND SEWER DEPARTMENT DISTRIBUTION DIVISION. (District VI) Agenda Report No. 02-1874 The City Council previously approved the relocation of the Water Department Distribution Maintenance Facility from its present location at 1701 Sims Park Drive to allow for the expansion and improvements to Cowtown. These maintenance operations will be relocated to the Public Works East and West Maintenance Substations and the vacated Transit Bus Maintenance Facility at 1825 South McLean Blvd. On April 9, 2002, the City Council approved the bid of Simpson Associates, Inc. to construct the modifications and improvements to the Public Works Sub Stations and the vacated Transit Bus Maintenance Facility. The project was advertised and bid with the understanding that it would be tax exempt per State Statute. When the City applied to the State for a tax exemption certificate, the State advised only the labor associated with new construction would be exempt from Sales Tax by State Statute. Since the facilities will be used fully or in part by the Water Department all materials and labor associated with remodel construction will be taxable. The Change Order request for $166,701.00 is for Sales Tax on materials and labor associated with remodel construction at $250,650.00, modifications to the scope of work as recommended by the Owner, Architect, or Contractor at $89,496.00, and for Owner approved deducts and deletions of previously accepted bid alternates at [$173,445.00]. The deletion of bid alternates does not affect the quality or quantity of space, efficiency, productivity or aesthetics of the project. The Change Order for $166,701.00 will be funded from the project budget (Project No. 435339, OCA No. 792369). The unencumbered balance is $397,461.21. The Change Order amount is within 25% of the construction Contract cost limit set by City Council policy at 3.31%. Change Orders over $10,000 require City Council approval. The Change Order has been approved as to form by the Law Department. Motion -- Knight moved that the Change Order be approved; and the necessary signatures be authorized. -- carried Motion carried 7 to 0. ART MUSEUM ART MUSEUM MODIFICATION/EXPANSION PROJECT. (District VI) Agenda Report No. 02-1875 On October 17, 2000, the City Council approved an Agreement between the City of Wichita and the Wichita Art Museum, Inc. to provide for the financing and management of the modification/expansion project for the Wichita Art Museum. On March 20, 2001, The City Council approved the bid of Dondlinger & Sons to construct the modification/expansion project for the museum, which will add approximately 35,000 square feet, increase gallery space by 43% and allow the visiting public better access. The Change Order request for $83,820.00 is for modifications to the scope of work as recommended by the Owner, Architect, or Contractor. Change Order items are as follows: ( Revise the glass handrail receiver and architectural ceramic panels at the entry bridge. ( Add nine internal steel post supports for the low wall between the serving line and the dining room. ( Revise the hardware on door 200A and 200B. ( Add sound batt insulation and acoustical sealant to the toilet room walls. ( Provide porcelain tile in room's 305B, 307, and 307B in lieu of quarry tile. ( Provide two additional security cameras and necessary conduit, wire, and cable. ( Paint the exposed portion of the stainless steel flashing as directed by the Architect. ( Construct a new wall and display case in Room 254 and Room 255 (Gallery). ( Revise the entry bridge glass and lighting. In addition, revise the lighting for the suspended Chilhuly art piece in Room 300 (Great Hall). ( Replace the aluminum door and frame into Room 234 (Board Room) with new wood, hollow metal frame, and office function hardware to match existing. Repair and prime walls. ( Replace one cracked insulated glass unit at the exterior sculpture deck with an insulated glass unit removed from the west third level entry wall. ( Provide four plenum boxes at the four type FF light fixtures in the north entry soffit. ( The date of Substantial Completion will be changed to January 3, 2003. The Change Order for $83,820.00 will be funded from the project budget (Project No. 435309, OCA No. 792339). The unencumbered balance is $906,314.73. The Change Order amount is within 25% of the construction Contract cost limit set by City Council policy at 2.5%. Change Orders over $10,000 require City Council approval. The Change Order has been approved as to form by the Law Department. Motion -- Knight moved that the Change Order and budget adjustment be approved; and the necessary signatures -- carried be authorized. Motion carried 7 to 0. PARK IMP. PARK IMPROVEMENTS. Agenda Report No. 02-1876 On April 9, 2002 the City Council approved the allocation of CDBG funds for park improvements, which included parking lot resurfacing for Lynette Woodward Recreation Center, McAdams Recreation Center, Minisa Recreation Center and Planeview Park. During the resurfacing of the Lynette Woodward Recreation Center parking lot it was discovered that approximately 25% of the parking lot required excavation, additional crushed rock and additional asphalt were required due to a hidden median covered by a previous asphalt layer. The Department of Public Works has prepared a Change Order and the Department of Finance has prepared an amendment to the Memorandum of Understanding to transfer funds for the additional work. The total cost of the additional material and work for the Lynette Woodward Recreation Center amounts to $11,989. The Planeview Park resurfacing project was completed with a remaining budget balance of $13,000. The amount of $11,989 will be transferred from the Planeview Park resurfacing project to the Lynette Woodward Recreation Center resurfacing project to provide for the additional costs. The Change Order amount is within 25% of the construction contract cost limit set by the City Council policy. Motion -- Knight moved that the Change Order and budget adjustment be approved; and the necessary signatures -- carried be authorized. Motion carried 7 to 0. ELECTRICAL REPAIR ELECTRICAL REPAIR SERVICE - SELECTION OF VENDOR. Agenda Report No. 01-1877 Various City departments require residential and commercial electrical repair services. To obtain the most qualified electrical repair service at a cost that would be most beneficial to the City, a Request for Proposal was sent to twenty-four (24) vendors and nine (9)responded. A selection committee reviewed the proposals. Each proposal was evaluated on the basis of qualifications, experience, references, and costs. Based on this criteria, Shelley Electric, Inc. was selected for the electrical repair services. The contract will not obligate the City to any specific purchases or volume of purchases on electrical repair services; it only provides the departments the ability to obtain electrical repair services from the most qualified, cost-effective vendor. The Law Department will review and approve the Contract, which will be for one year with an annual renewal option for an additional two years. Motion -- Knight moved that the selection of Shelley Electric, Inc. for electrical repair services and the Contract -- carried be approved; and the necessary signatures be authorized. Motion carried 7 to 0. SECURITY SYSTEM STANDARD SECURITY SYSTEM FOR ALL CITY BUILDINGS. Agenda Report No. 02-1902 The City has had a continuing interest in providing security for City facilities, City employees and members of the public who use City facilities. Consultants have been hired to assist the City in determining its security needs. The position of the IT/IS Advisory Group has been that the City select the most appropriate security system for its needs, and that it be made the standard for use in all City facilities. The purpose of having a standard system would be to simplify and maintain uniformity in design standards, maintenance, monitoring, and interchangeability of components throughout the City's many facilities while also potentially reducing costs. The City currently has a contract for energy management systems manufactured by TAC Americas, Inc., which are installed and maintained by Sandifer Engineering & Controls, Inc. These systems, which work very well, are currently installed in over 40 City buildings and are monitored from a central point in City Hall. TAC Americas also has an excellent security system, which is an add-on to the energy management system. The City is currently using the TAC Americas security system in one application with very satisfactory results. The IT/IS Advisory Group has voted to have this be the standard security system for the City. The components for the security system from TAC Americas would be installed and maintained by Sandifer Engineering and Controls, Inc. Approval of this agenda item will not result in any directly related expenditure of funds. Budgeted funds to pay for each installation of a security system would be authorized and funded separately under the normal City purchasing process. The City's purchasing policy permits the purchasing manager, with the approval of the governing body, to negotiate directly for the purchase of high technology items such as security systems. Motion -- Knight moved that TAC Americas, Inc. be approved as the City's preferred security system manufacturer and Sandifer Engineering & Controls, Inc. be approved as the preferred vendor. Motion -- carried carried 7 to 0. WATER CONS. WATER CONSERVATION PLAN IMPLEMENTATION GRANT. Agenda Report No. 02-1878 The City adopted the current Water Conservation Plan in 1991. This document has served to guide Staff during the years; however, it is in need of updating to reflect the changes that have occurred in the City and in the field of water conservation. During this time frame, the Department has been diligent in following the plan specification that unsold water remain under 10% of that which is sold. On September 3, 2002, the U.S. Department of Interior BOR announced an award of $10,000 to the Water & Sewer Department and the Public Works Office of Natural Resources. The award documents have been submitted to the City for approval. The grant will provide funding for equipment to aid in leak detection in the water system, as well as to update the conservation plan which will make the City eligible for additional federal funding. The grant is for $10,000 with no matching funds required. Motion -- Knight moved that the Grant Application and receipt of funds be approved; and the necessary signatures -- carried be authorized. Motion carried 7 to 0. (Agenda Item No. 20) LINE RELOCATION KELLOGG WATER AND SEWER LINE RELOCATION. Motion -- carried Fearey moved that this Item be deferred one week. Motion carried 7 to 0. SERVICE CORD RESIDENT SERVICE COORDINATION SERVICES. Agenda Report No. 02-1880 The U. S. Department of HUD recommends that public housing authorities develop the usage of Resident Service Coordinators to specialize in working with tenants and tenant associations to coordinate public services to enhance their physical, social, and mental well-being. The Sedgwick County Department on Aging has been providing the service for the last three years for the Wichita Housing Authority and has been instrumental in adding new services for residents at reduced costs for Greenway and McLean Manor residents. The Wichita Housing Authority (WHA) issued an RFP to continue the Resident Service Coordinator Program with a full time coordinator to attend to the needs of residents in Greenway and McLean Manor. The RFP requires the supervision of coordinators by a master level gerontologist. Only one proposal was received in response to the RFP. The response was from the Sedgwick County Department on Aging to provide the professional services at a cost of $40,449.00. Staff recommends that the Sedgwick County Department on Aging, with five years of experience in the administration and delivery of the requested services, be awarded the contract. Funding for this project is a part of the adopted 2002 Public Housing Operating Budget and does not require local funding. Motion -- Knight moved that the appointment of the Sedgwick County Department on Aging to provide Resident Service Coordination to the Wichita Housing Authority be approved; Staff be authorized to develop -- carried a Contract; and the necessary signatures be authorized. Motion carried 7 to 0. COX EXTENSION OF LETTER OF INTENT FOR INDUSTRIAL REVENUE BONDS - COX COMMUNICATIONS, INC. (District II) Agenda Report No. 02-1881 On October 16, 2001, the City Council approved a six-month Letter of Intent to issue Industrial Revenue Bonds in an amount not-to-exceed $6,645,000, and a 50% five-year tax exemption on property purchased with bond proceeds to Cox Communication, Inc. City Council extended the Letter of Intent for an additional six-months on April 16, 2002. Bond proceeds were used to finance the cost of acquiring, constructing and equipping a new 35,000 s.f. single story call center facility to be located on 35th St. North in the Comotara Industrial Park. The project will serve as the primary call center for the entire Cox Kansas cable and tele-communications system. Cox Communication has requested an additional three-month extension to the term of the Letter of Intent. Cox Communication has requested the extension because there are a number of items pertaining to the City's Standard Letter of Intent that need to be fulfilled. The extended Letter of Intent will expire on October 16, 2002. The company is now requesting an additional extension of three-months of the Letter of Intent until January 16, 2003. There is no financial impact on the City resulting from the requested extension. Bond documents required for the issuance of bonds will be prepared by bond counsel. The City Attorney's Office will review and approve the form of bond documents prior to the issuance of any bonds. Motion -- Knight moved that the three-month extension for the Letter of Intent to January 16, 2003, be approved to Cox Communications, Inc. for Industrial Revenue Bonds in an amount not-to-exceed $6,645,000, -- carried and a 50% five-year tax exemption on property purchased with bond proceeds. Motion carried 7 to 0. PROPERTY ACQ. ACQUISITION OF 2431 SOUTH MEAD. (District III) Agenda Report No. 02-1882 The Pawnee Rail Separation Project will require the full or partial acquisition of several tracts. One of the properties required is 2431 South Mead, owned by Jack L. Bauman. The site contains 6,150 square feet and is improved with a 1,028 square foot frame single-family residence. The property has three bedrooms and one bath. The property has been appraised for $41,500 and the owner has agreed to sell for this amount. The owner will relocate and the site will be processed for demolition. Funds have been budgeted in the Capital Improvement Program for acquisitions for this project. The funding source will be funds provided by Union Pacific Railroad. A budget of $47,500 is requested. This includes $41,500 for the acquisition, $5,500 for demolition, and $500 for closing costs and title insurance. Motion -- Knight moved that the budget and the Contract be approved; and the necessary signatures be -- carried authorized. Motion carried 7 to 0. PROPERTY ACQ. ACQUISITION OF LAND SOUTH AND WEST OF KELLOGG AND 119TH STREET FOR THE WEST KELLOGG IMPROVEMENT PROJECT. (District V) Agenda Report No. 02-1901 In October 1996, the City Council passed an ordinance declaring Kellogg a major traffic way from 1/2 mile west of 135th Street West to Tyler Road. The CIP includes funds for opportunity purchases along this corridor. The owners of the quarter section on the south side of Kellogg from 119th Street to the half section line have agreed to sell the right of way needed for Kellogg expansion. The required tract, net of easements, contains approximately 342,500 square feet. The land is currently undeveloped. The owners have agreed to sell the property for $500,000 or $1.45 per square foot. The City bought the land east of 119th in 2000 for $3.50 per square foot. The land is currently used for agricultural purposes and will continue to be so used until needed for the highway project. The Capital Improvement Program includes funds for opportunity purchases. The funding source will be local sales tax revenues. A budget of $505,000 is requested. This includes $500,000 for the acquisition and $5,000 for closing costs, surveys and title insurance. Recommendation/Action: It is recommended that the City Council approve the budget, the real estate purchase contract and the lease agreement; and authorize all necessary signatures. Motion -- Knight moved that the budget and the Contract be approved; and the necessary signatures be -- carried authorized. Motion carried 7 to 0. CONDEMNATIONS REPAIR OR REMOVAL OF DANGEROUS AND UNSAFE STRUCTURES. Agenda Report No. 02-1883 On September 9, 2002 the Board of Code Standards (BCSA) held a hearing on the following four (4) properties. These properties are considered dangerous and unsafe structures, and are being presented to schedule a condemnation hearing before the Governing Body. Improvement notices have been issued on these structures, however, compliance has not been achieved. Pre-condemnation and formal condemnation letters were issued and the time granted has expired. No action has been taken to repair or remove these properties. Address District 1. 2518 East Mossman I 2. 1908 South Waco III 3. 2101 South Waco III 4. 1543 South Edwards IV These structures have defects that under Ordinance No. 28-251 of the Code of the City of Wichita, shall cause them to be deemed as dangerous and unsafe buildings, as required by State Statute for condemnation consideration. Motion -- Knight moved that the Resolutions placing this matter on the agenda for a Hearing before the Governing body on November 19, 2002, at 9:30 a.m., or soon thereafter, be adopted. Motion carried -- carried 7 to 0. RESOLUTION NO. 02-434 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: The east 52 feet of the west 78 feet of the S. 1/2 of lot 7, Mossman's Addition, Sedgwick County, Kansas, known as 2518 East Mossman, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. 02-435 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: The south n feet of Lot 151, all of Lot 153, and the north 8 feet of Lot 155, on Waco English's 8th Addition, Sedgwick County, Kansas, known as 1908 South Waco, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. 02-436 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 90-92, Waco Avenue, English's 9th Addition, Sedgwick County, Kansas, known as 2101 South Waco, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. 02-437 A Resolution fixing a time and place and providing for notice of a hearing before the Governing Body of the City of Wichita, at which the owner, his agent, lienholders of record and occupants of the structure located on land described as: Lots 185-187, Simmons Avenue, Richmond's Third Addition, Sedgwick County, Kansas, known as1543 South Edwards, in said City may appear and show cause why such structure should not be condemned and ordered repaired or demolished as a dangerous or unsafe structure, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. ORDINANCES SECOND READING ORDINANCES: (FIRST READ SEPTEMBER 17, 2002) a) Charter Ordinance - Police and Fire Retirement. CHARTER ORDINANCE A Charter Ordinance of the City of Wichita, Kansas amending Charter Ordinance No. 193 related to the Police and Fire Retirement System of the City of Wichita, and repealing the originals of said Charter Ordinance, read for the second time. b) Employees' Retirement. ORDINANCE NO.45-392 A Charter Ordinance amending Sections 2.28.020, 2.28.060 and 2.28.090 of the Code of the City of Wichita, Kansas, pertaining to other Plan 3 of the Wichita Employees' Retirement System and repealing the originals of said Sections, read for the second time. Knight moved that the Ordinance be placed upon its passage and adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. c) A02-15 -east of 127th Street East, south of 21st Street North. (District II) ORDINANCE NO. 45-393 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto. A02-15 d) A02-16 - South of Maple Street, east of 151Steet West. (District V) ORDINANCE NO. 45-394 An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto. A02-16 PLANNING AGENDA Motion -- carried Knight moved that the Planning Agenda be approved as consensus Items. Motion carried 7 to 0. SUB2001-114 SUB2001-114 - PLAT OF ZEIGLER OFFICE PARK ADDITION - NORTHEAST CORNER OF 135TH STREET WEST AND CENTRAL. (District V) Agenda Report No. 02-1884 Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (14-0) A zone change (Z-3304) from "SF-5", Single-Family Residential to "NO" Neighborhood Office District was approved for this site. The plat is also subject to a Protective Overlay established by Z-3304, addressing permitted signs, building height, landscaping, screening, lighting and architectural design. Although this site is located just south of 100-year flood zone according to FEMA flood insurance maps, there was testimony at Citizen Participation Organization (CPO) and Metropolitan Area Planning Commission (MAPC) meetings that this property was flooded by the Halloween rainstorm. A CPO meeting (District V) was held for the zone change request on November 18, 1989. Six (6) neighbors residing to the south (Forestview Street) and southwest (Rainbow Lakes Road) opposed the request and expressed concerns regarding flooding in the area. The area residents opposed further commercial development until a comprehensive plan to eliminate flooding was implemented. A MAPC meeting was held on November 19, 1998, and again, flooding concerns were expressed by neighboring residents. On November 29, 2001, the preliminary plat was presented to the Subdivision Committee. Neighboring residents discussed their flooding concerns. City Engineering confirmed that the proposed on-site detention would limit stormwater runoff to existing conditions. The Subdivision Committee approved the preliminary plat and directed staff to schedule a meeting with residents regarding the drainage/flooding concerns. A meeting was arranged on January 7, 2002, with the residents, City Engineering, MAPD, and Stormwater Management to discuss the flooding issues. The residents were informed that consultants were conducting a flood study of the area. On January 10, 2002, the final plat and the associated drainage plan were approved by the Subdivision Committee. City Engineering required a minimum pad of 161.6 city datum, which is 1.28 feet above the high water mark of the Halloween Flood. During the 1998 Halloween weekend flood in the Cowskin Creek Basin, flood levels along the North Fork of the Calfskin Creek upstream of 119th Street West rose to 3.5 feet to 4.5 feet higher than the predicted FEMA 100-year flood levels. Further investigation determined that these unusually high flood levels were a result of a diversion of flow from Dry Creek (a much larger drainage basin) into the North Fork of Calfskin Creek. This occurs in the general vicinity of 167th Street West at 13th Street North and was not a one-time event. It can reoccur in the future during significant storm events. As long as this diversion is allowed to continue, the correct 100-year flood elevations along the North Fork of Calfskin Creek will be three to four feet higher than current regulatory levels as shown on the FEMA Flood Maps. On April 2, 2002, an amendment to the Flood Damage Prevention Code prepared by Public Works was adopted by City Council. The amendment requires that until the diversion is controlled, that any new construction near the floodplains of the North Fork of Calfskin Creek above 119th Street West be elevated so as to be protected from this diversion. This requirement would remain in effect until the diversion is eliminated or controlled. The flood protection levels in the remainder of the community would remain unchanged. Petitions, all 100%, have been submitted for sewer and water line improvements. A Certificate of Petition and a Protective Overlay Certificate, identifying the approved Protective Overlay, has been provided. A Restrictive Covenant has been submitted regarding driveway closures upon establishment of a new use along Central and 135th Street West. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Publication of the ordinance should be withheld until such time the Plat is recorded with the Register of Deeds. The Certificate of Petition, Protective Overlay Certificate, and Restrictive Covenant will be recorded with the Register of Deeds. Motion -- Knight moved that the documents and plat be approved; the necessary signatures be authorized; The Resolutions be adopted; and the Z-3304 Ordinance be placed on first reading with publication -- carried being withheld until such time as the Plat is recorded with the Register of Deeds. Motion carried 7 to 0. RESOLUTION NO. 02-447 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89715, (north of Central, East of 135th Street West), in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. 02-448 Resolution of findings of advisability and Resolution authorizing improving of Lateral 30, Cowskin Interceptor Sewer (north of Central, East of 135th Street West), 468-83490, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by the Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by City of Wichita Code Section 28.04.210. Z-3304 SUB2002-49 SUB2002-49 - PLAT OF SIERRA HILLS GOLF CLUB ADDITION - EAST OF 127TH STREET EAST, NORTH OF PAWNEE. Agenda Report No. 02-1885 Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (12-0) This is an unplatted site located in the County within three miles of Wichita's boundary. This site has been approved for a zone change (ZON 2002-35) from "SF-20" Single-Family Residential to "NR" Neighborhood Retail for a portion of the site for a golf clubhouse and driving range. Petitions (100%) for sewer and paving improvements have been provided, along with a Certificate of Petitions. In order to provide for the ownership and maintenance of the reserves, the applicant has submitted a Restrictive Covenant. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. The Certificate of Petitions and Restrictive Covenant will be recorded with the Register of Deeds. Motion -- Knight moved that the documents and Plat be approved; the necessary signatures be authorized; and the -- carried Resolutions be adopted. Motion carried 7 to 0. RESOLUTION NO. 02-449 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89724, (east of 127th Street East, north of Pawnee), in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. 02-450 Resolution of findings of advisability and Resolution authorizing construction of Lateral 339, Four Mile Creek Sewer (east of 127th Street East, north of Pawnee) 468-83519, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. SUB2002-63 SUB2002-63 - PLAT OF SPENCER'S FIRST ADDITION - SOUTH OF CENTRAL, WEST SIDE OF HOOVER. (District IV) Agenda Report No. 02-1886 Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (9-0) Background: This is an unplatted site located within the City of Wichita. The site has been approved for a zone change (ZON 2002-39) to TF-3, Two-Family Residential District with a Conditional Use (CON 2002-33) for Multi-family. Municipal facilities are available to serve the site. Petitions (100%) for sewer and paving improvements along with a Certificate of Petition have been submitted. Since the site is within the noise impact area of Wichita Mid-Continental Airport, an Avigational Easement and Restrictive Covenant were required and submitted. In addition, a No Protest Agreement for the future paving of St. Louis Street and Sidewalk Certificate for construction of sidewalks on the west side of Hoover have also been submitted. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. Publication of the ordinance should be withheld until such time the Plat is recorded with the Register of Deeds. The Certificate of Petition, Avigational Easement, Restrictive Covenant, No Protest Petition and Sidewalk Certificate will be recorded with the Register of Deeds. Motion -- Knight moved that the documents and plat be approved; the necessary signatures be authorized; the Resolution be adopted; and the ZON 2002-39 Ordinance be placed on first reading with publication being withheld until such time as the Plat is recorded with the Register of Deeds. Motion carried -- carried 7 to 0. RESOLUTION NO. 02-451 Resolution of findings of advisability and Resolution authorizing improving of Lateral 270, Main 5, Sanitary Sewer #22 (south of Central, west of Hoover) 468-83521, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. ORDINANCE An Ordinance changing the zoning classifications or districts of certain lands located in the City of Wichita, Kansas, under the authority granted by the Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by City of Wichita Code Section 28.04.210. Z-3304 SUB2002-49 SUB2002-78 - PLAT OF THE BROAD STREET ADDITION - SOUTH OF MACARTHUR, WEST OF WEST STREET. Agenda Report No. 02-1887 Staff Recommendation: Approve the plat. MAPC Recommendation: Approve the plat. (9-0) This unplatted site is zoned "LI" Limited Industrial and is located in the County within three miles of Wichita's City limits. The site was approved in 1997 for a Conditional Use to allow rock crushing, the storage and recycling of concrete and asphalt, and the excavation of a borrow pit. The applicant proposes an equipment storage building and no municipal services are required. Petitions (100%) for future water and sewer improvements have been provided, along with Certificate of Petitions. This plat has been reviewed and approved by the Planning Commission, subject to conditions and recording within thirty (30) days. The Certificate of Petitions will be recorded with the Register of Deeds. Motion -- Knight moved that the document and Plat be approved; the necessary signatures be authorized; and the -- carried Resolution be adopted. Motion carried 7 to 0. RESOLUTION NO. 02-452 Resolution of findings of advisability and Resolution authorizing construction of Water Distribution System Number 448-89718, (south of MacArthur, west of West Street), in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. RESOLUTION NO. 02-453 Resolution of findings of advisability and Resolution authorizing improving of Lateral 487, Southwest Interceptor Sewer, (south of MacArthur, west of West Street) 468-83496, in the City of Wichita, Kansas, pursuant to findings of advisability made by the Governing Body of the City of Wichita, Kansas, presented. Knight moved that the Resolution be adopted. Motion carried 7 to 0. Yeas: Brewer, Fearey, Gale, Lambke, Martz, Pisciotte, Knight. DED2002-23 DED2002-23 - DEDICATION OF UTILITY EASEMENT - NORTH OF CENTRAL, WEST OF WEST STREET. (District VI) Agenda Report No. 02-1888 MAPC Recommendation: Accept the Dedication. This Dedication is a requirement of Lot Split No. SUB 2002-80, and is being dedicated for construction and maintenance of public utilities. The Dedication has been reviewed and approved by the Planning Commission. (6-0) There are no financial considerations. The Dedication will be recorded with the Register of Deeds. Motion -- carried Knight moved that the dedication be approved. Motion carried 7 to 0. DED2002-24 DED2002-24 - DEDICATION OF UTILITY EASEMENT - NORTH SIDE OF HARRY, WEST OF WEST STREET. (District IV) Agenda Report No. 02-1889 MAPC Recommendation: Accept the Dedication. This Dedication is a requirement of Zoning Case No. ZON 2002-30, and is being dedicated for construction and maintenance of public utilities. The Dedication has been reviewed and approved by the Planning Commission. (6-0) There are no financial considerations. The Dedication will be recorded with the Register of Deeds. Motion -- carried Knight moved that the dedication be approved. Motion carried 7 to 0. DED2002-25 DED2002-25 - DEDICATION OF STREET RIGHT-OF-WAY - NORTH SIDE OF HARRY, WEST OF WEST STREET. (District IV) Agenda Report No. 02-1890 MAPC Recommendation: Accept the Dedication. This Dedication is a requirement of Zoning Case No. ZON 2002-30, and is being dedicated for five feet of street right-of-way along Sabin. The Dedication has been reviewed and approved by the Planning Commission. (6-0) There are no financial considerations. The Dedication will be recorded with the Register of Deeds. Motion -- carried Knight moved that the dedication be approved. Motion carried 7 to 0. A02-17 A02-17 - ANNEX LAND AT NORTHEAST CORNER OF 13TH STREET NORTH AND WEBB ROAD. (District II) Agenda Report No. 02-1891 The City has received a request to annex approximately 170 acres situated at the northeast corner of 13th Street North and Webb Road. The site abuts the City of Wichita to the north and west. The property owner plans to develop the site with 70 single-family homes, 37 patio homes, 172 townhouses, and 622,500 square feet of commercial structures. The property owner anticipates 100% of the development to be completed within ten (10) years. Land Use and Zoning: The annexation area is presently in recreational and agricultural use and zoned "LI" Limited Industrial. Land surrounding the proposed annexation site consists of recreational, agricultural and residential uses. Land to the north and west is zoned "SF-5" Single Family Residential with "LC" Limited Commercial zoning at the northwest corner of 13th Street North and Webb and "LI" Limited Industrial zoning approximately 1/4 mile east of the railroad crossing at Webb Road. The "LI" Limited Industrial zoning of the subject property will require a zone change in order to accommodate residential development. Public Services: The property will likely connect to existing water (30") and sewer (18") mains that run along Webb Road. As identified in the City of Wichita 2002-2011 C.I.P., there are plans to construct a 16" water main along 13th Street North from Greenwich to Webb Road in 2007. Street System: The property proposed for annexation has access to 13th Street North (four-lane arterial), which serves the area as the nearest east-west road, and Webb Road (four-lane arterial), which serves the area as the nearest north-south road. Currently there are no plans to improve 13th Street North or Webb Road in either the Sedgwick County 2002-2006 C.I.P. or the City of Wichita 2002-2011 C.I.P. Public Safety: Fire services will be provided to the site within a five (5) to six (6) minute approximate response time from City Station #18 located at 2808 North Webb Road. Upon annexation, police protection will be provided to the area by the Patrol East Bureau of the Wichita Police Department, headquartered at 350 South Edgemoor. Parks: Northeast Sports Complex, a 60-acre park, and Eastview Park, a 20-acre park, are located approximately 1.5 miles from the annexation site. The K-96 bike pathway is located one-mile east of the site, and the 1996 Parks and Open Space Master Plan shows a proposed bike pathway along the railroad tracks directly north of the annexation site. School District: The property is located in Unified School District 259 (Wichita School District). Annexation will not change the school district. Comprehensive Plan: The proposed annexation is consistent with current amendments to the Comprehensive Plan. The current approximate appraised value of the proposed annexation area is $700,000. Using the current City levy ($31.406/$1000 x assessed valuation), this roughly yields $5,496 in City annual tax revenues for the property. The future assessed value of this property will depend on the type and timing of development and the current mill levy. However, the property owner projects an overall appraised value of $99,962,876 when development is completed. Assuming the current City levy remains about the same, this would roughly yield $605,514 in City annual tax revenues. Motion -- Knight moved that the annexation be approved and the Ordinance be placed on first reading. Motion -- carried carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto. A 02-17 A02-18 A02-18 - ANNEX LAND EAST OF 127TH STREET EAST, SOUTH OF MT. VERNON. (District II) Agenda Report No. 02-1892 The City has received a request to annex approximately 52 acres situated east of 127th Street East and south of Mount Vernon. The site abuts the City of Wichita to the north. The property owner plans to develop the site with 145 single-family homes, and 100% of the development is expected to be completed within five (5) years. Land Use and Zoning: The annexation area is presently in agricultural use and zoned "SF-20" Single Family. Land surrounding the proposed annexation site consists of agricultural and residential uses. Land to the north is a Planned Unit Development (PUD). The remainder of the land surrounding the subject property is zoned "SF-20" Single Family. The "SF-20" Single Family zoning of the annexation area will convert to "SF-5" Single Family upon annexation. Public Services: As part of the platting requirements, the property owner shall guarantee the extension of sanitary sewer and City water to serve the lots being platted. Street System: The property proposed for annexation has access to 127th Street East (two-lane arterial), which serves the area as the nearest north-south road. Currently there are no plans to improve 127th Street East in either the Sedgwick County 2002-2006 C.I.P. or the City of Wichita 2002-2011 C.I.P. However, County Engineering has required a guarantee for the paving of 127th Street East to Cherry Creek. Public Safety: Fire services will be provided to the site within a ten (10) to eleven (11) minute approximate response time from City Station #15 located at 7923 E Lincoln Street. However, the City of Wichita 2002-2011 C.I.P. indicates that a new fire station will be constructed near Webb and Harry in 2003, which will improve the approximate response time to the subject property. Upon annexation, police protection will be provided to the area by the Patrol East Bureau of the Wichita Police Department, headquartered at 350 South Edgemoor. Parks: W.B. Harrison Park, a 40-acre park, is located approximately 2 miles from the annexation site. The 1996 Parks and Open Space Master Plan shows two proposed bike pathways within one mile of annexation site. School District: The property is located in Unified School District 259 (Wichita School District). Annexation will not change the school district. Comprehensive Plan: The proposed annexation is consistent with current amendments to the Comprehensive Plan. The current approximate assessed value of the proposed annexation area is $7,900. Using the current City levy ($31.406/$1000 x assessed valuation), this roughly yields $74 in City annual tax revenues for the property. The future assessed value of this property will depend on the type and timing of development and the current mill levy. However, the property owner projects an overall appraised value of $27,115,000 when development is completed. Assuming the current City levy remains about the same, this would roughly yield $97,931 in City annual tax revenues. The property is eligible for annexation under K.S.A. 12-519, et seq. Motion -- Knight moved that the annexation be approved and the Ordinance be placed on first reading. Motion -- carried carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto. A 02-18 A02-19 A02-19 - ANNEX LAND EAST OF 127TH STREET EAST, NORTH OF 21ST STREET NORTH. (District II) Agenda Report No. 02-1893 The City has received a request to annex approximately 160 acres situated north of 21st Street North and east of 127th Street East. The site abuts the City of Wichita to the south and west. The property owner plans to develop the site with 176 single-family homes, eight patio homes, 80 townhouses, and 375,000 square feet of commercial structures. The property owner anticipates the property to be fully developed within ten (10) years. Land Use and Zoning: The annexation area is presently in agricultural use and zoned "SF-20" Single Family Residential, "LC" Limited Commercial and there is a CUP covering the annexation area . Land surrounding the site is predominately agricultural with residential development occurring south and west of the site. Land south and west of the site is zoned "SF-5" Single Family, and land east and north of the site is zoned "SF-20" Single Family and "RR" Rural Residential respectively. The "SF-20" Single Family zoning of the annexation area will convert to "SF-5" Single Family upon annexation and the "LC" Limited Commercial zoning will remain unchanged. Public Services: As part of the platting requirements, the property owner shall guarantee the extension of sanitary sewer and City water to serve the lots being platted. Street System: The property proposed for annexation has access to 21st Street North (two-lane arterial), which serves the area as the nearest east-west road, and 127th Street East (two-lane arterial), which serves the area as the nearest north-south road. Due to increased traffic volumes and the need for higher level of service, the Sedgwick County 2002-2006 C.I.P. indicates plans for widen 21st North from K-96 Bypass to 159th Street East. There are no plans for improvements of 127th Street East in either the 2002-2011 City of Wichita C.I.P or in the Sedgwick County 2002-2006 C.I.P. However, a guarantee by the developer has previously been provided for paving of the entire frontage along 127th. The associated CUP required left and right turn lanes for the access to Lot 2, Block 6 of the subdivision from both streets. Participation in a future signal at the intersection and in a northbound left turn lane along 127th was also required with the CUP. Public Safety: Fire services to this site can be provided within a six (6) to eight (8) minute approximate response time from City Station #18 located at 2808 North Webb Road or from County Station #38 located at 1010 North 143rd Street East. Upon annexation, police protection will be provided to the area by the Patrol East Bureau of the Wichita Police Department, headquartered at 350 South Edgemoor. Parks: Northeast Sports Complex, a 40-acre park, is located approximately 1.5 miles northwest of the proposed annexation site, and the K-96 bike path is located approximately 1/2 mile west of the site. School District: The property is located in Unified School District 385 (Andover School District). Annexation will not change the school district. Comprehensive Plan: The proposed annexation is consistent with current amendments to the Comprehensive Plan. The current approximate appraised value of the proposed annexation area is $16,940. Using the current City levy ($31.406/$1000 x assessed valuation), this roughly yields $160 in City annual tax revenues for the property. The future assessed value of this property will depend on the type and timing of development and the current mill levy. However, the property owner projects an overall appraised value of $62,996,000 for residential and $28,700,000 for commercial when development is completed, resulting in a combined assessed value of $14,419,540. Assuming the current City levy remains about the same, this would roughly yield $452,860 in City annual tax revenues. The property is eligible for annexation under K.S.A. 12-519, et seq. Motion -- Knight moved that the annexation be approved and the Ordinance be placed on first reading. Motion -- carried carried 7 to 0. ORDINANCE An Ordinance including and incorporating certain blocks, parcels, pieces, and tracts of land within the limits and boundaries of the City of Wichita, Kansas, and relating thereto. A 02-19 AIRPORT AGENDA NOTICE: The City Council is meeting as the governing body of the Airport for consideration and action on items on this Agenda, pursuant to State law and City ordinance. The meeting of the Authority is deemed called to order at the start of this Agenda and adjourned at the conclusion. Knight moved that the Airport Agenda be approved in accordance with the recommended action shown thereon. Motion carried 7 to 0. AIRPORT AIRPORT ADVISORY BOARD TRAVEL. Agenda Report No. 02-1894 The Wichita Airport Advisory Board has requested an allocation of $10,000 for its members to travel. In making this request, the Board stated a need to "be educated and informed of the ongoing changes in the airport industry." The Board desires to send members to various workshops and conferences that would enhance its ability to provide advice and making informed decisions on important matters of policy and long-term development. The City's Policy on travel for Advisory Board members requires approval and authority from the City Council (much like the City Council handles travel for Council members). According to the Policy, "such requests shall first be approved by the advisory body...and shall contain certification from the Department Head ...that funding is budgeted and available....and that the meeting/conference is of sufficient importance to the respective advisory body and its mission to warrant attendance." Further, the Policy also states that "attendance at such meetings and conferences shall be limited to one person unless approval s given for additional persons." On September 9, 2002, the Wichita Airport Advisory Board adopted a resolution establishing an annual travel budget of $10,000 for its members to attend educational conferences. Because of budget constraints, the current (and 2003) budgets reflect reduced travel expenses throughout the entire organization. Further, the existing Travel Policy for Boards/Commissions has long-served the City and has been consistently administered in keeping with sound business practices. While it is important that designated staff be sufficiently trained and maintain expertise in their functional responsibilities, this same requirement does not necessarily pertain to advisory members of Boards/Commissions. Nevertheless, the Airport budget contains approximately $54,000 for travel/training which should be sufficient to handle travel needs of Advisory Board members and staff if the Policy is adhered to. The airport travel budget is currently contains approximately $54,000 for travel/training. To increase this allocation would require a budget adjustment. The City Council has a long-standing policy relative to travel by Advisory Boards/Commissions. This policy permits travel by members of such advisory bodies with City Council approval. Motion -- Knight moved that the Travel Policy be continued and that the travel be considered on a request basis -- carried within the authority of the adopted budget. Motion carried 7 to 0. AIRPORT AIRPORT SECURITY BUDGET REVISIONS. Agenda Report No. 02-1900 In response to continuing efforts to reduce the threat of terrorist activities, on November 9, 2001, the Aviation and Transportation Security Act established the Transportation Security Administration (TSA) under the direction of the Under Secretary of Transportation for Security. Section 106 of the Act addresses the security of airport perimeter, which includes the requirement to inspect all vehicles that will be left unattended within 300 feet of the terminal building. On October 2, 2001, the Authority approved an agreement with Professional Security, Inc. (PSI) to provide contracted security guard services to perform that task. Three inspection points are being staffed - short term parking lot, courtesy car lane and rental car return lot. This is being done to provide a level of customer service in addition to protecting an $800,000 gross revenue stream from the short-term parking lot. Recently there have been discussions within the TSA about modifying the requirement but exactly what the change will be or when it will be made is currently unknown. Costs related to this inspection activity from September 11, 2001 - September 30, 2002 are being reimbursed under a grant from the Federal Government. Currently, there is no provision to make costs incurred after that time eligible for federal reimbursement. Starting October 1, 2002, the cost of inspecting cars entering the short-term parking lot and the courtesy car lane becomes an operating expense of the airport whereas the cost of inspecting rental cars will be borne by the rental car agencies. The requested budget increase for the last quarter of 2002 is $69,000 and for 2003 is $276,000. Motion --carried Knight moved that the budget revisions be approved. Motion carried 7 to 0. HOUSING AGENDA NOTICE: The City Council is meeting as the governing body of the Housing Authority for consideration and action on items on this Agenda, pursuant to State law, HUD, and City ordinance. The meeting of the Authority is deemed called to order at the start of this Agenda and adjourned at the conclusion. Inafay Grays-McClellan, Housing Member is also seated with the City Council. HOUSING PUBLIC HEARING ON FIVE-YEAR AND YEAR 2003 HOUSING AUTHORITY PLAN. Roy Johnson Director of Housing reviewed the Item. Agenda Report No. 02-1895 On October 21, 1998, the Quality Housing and Work Responsibility Act of 1998 (QHWRA) was signed into law as part of the FY 1999 Appropriations Bill. One provision of the Act is the mandate for public housing authorities to prepare a five-year plan showing the needs and goals for that period (update every five years) and a more detailed annual operating plan. The annual plan must include, among other things, information on the housing needs of the locality, population served, method of rent determination, operation policies and procedures, capital improvements, unmet housing needs of families with income less than 30 percent of median income, homeownership efforts and efforts to coordinate the program, and other items. Section 511 of the QHWRA requires the board of directors of housing authorities to conduct a public hearing to discuss the housing authority plans and to invite public comment regarding the plans. In the event that the Housing Authority Board receives public comment, written or oral, which is deemed significant enough to amend the plans, the Housing Authority Board may amend the plans and certify the plans as amended. After the Housing Authority Board has considered comments submitted at the hearing and approve the WHA Five-Year and Year 2002 Annual Plans, subject to any amendments, the WHA staff will transmit the policies and programs via an electronic template for submission. The electronic submission is due to HUD by October 15, 2002. The Housing Advisory Board has reviewed the Plans and recommends the submission to HUD. The certification of the Five-Year and Year 2002 Annual Plans will bring the WHA into compliance with the Quality Housing and Work Responsibility Act of 1998. The 2003 Capital Fund Budget is a part of the 2003 Annual Plan and represents the official approval of the Wichita Housing Authority's Governing Board. Recommendation/Action: Conduct the Public Hearing and adopt the Resolution authorizing the necessary signatures relative to required certifications for the submission of the Wichita Housing Authority Five-Year and Year 2003 Annual Agency Plans. Mayor Knight Mayor Knight inquired whether anyone wished to be heard and no one appeared. Motion -- Knight moved that the public hearing be closed, the Resolution relative to required certifications for the submission of the Wichita Housing Authority Five-Year and Year 2003 Annual Agency Plans be --carried adopted; and the necessary signatures be authorized. Motion carried 8 to 0. RESOLUTION NO. H-02-03 PHA Certifications of Compliance with the PHA Plans and Related Regulations Board Resolution to accompany the PHA Plan, presented. Knight moved that the Resolution be adopted. Motion carried 8 to 0. Yeas: Brewer, Fearey, Gale, Grays-McClellan, Lambke, Martz, Pisciotte, Knight. HOUSING SECTION 8 VOUCHER AND PUBLIC HOUSING BUDGET ADJUSTMENTS. Agenda Report No.02-1896 The WHA Section 8 Voucher Program needs to transfer $49,000 from Personal Services to Contractual Services and Commodities to accommodate increased data processing charges, printing and copying expense, credit reports, office equipment for new staff and office supplies. The WHA Public Housing (PH) Program needs to transfer $152,800 from Personal Services to Contractual Services and Commodities to accommodate increased building maintenance, data processing charges, credit reports. WHA requests that the Section 8 Voucher Personal Services budget be reduced by $49,000 and the Contractual and Commodities budgets increase by $49,000. This budget transfer will cover estimated costs resulting from increased data processing costs, copying and printing costs, credit reporting costs, office supplies, and equipment for new staff. The Section 8 Voucher Budget previously approved at $11,254,069 will not change. WHA requests that the PH Personal Services budget be reduced by $152,800 and the Contractual and Commodities budgets increase by $152,800. This budget transfer will cover estimated costs resulting from increased building maintenance, data processing costs, copying and printing costs and credit reporting costs. The major portion of the increased costs approximately $127,000 is related to maintenance of (owned) Public Housing units. The Public Housing Operating Budget previously approved at $2,609,076 will not change. The changes to the budgets will only impact WHA federally funded budgets with no total budget increases. There is no impact on the City's non-federal budget. Council approval is required for all grant budget changes of $10,000 or more. Motion -- carried Knight moved that the budget changes be approved. Motion carried 8 to 0. HOUSING REPORT OF PUBLIC HOUSING CAPITAL IMPROVEMENTS. Agenda Report No.02-1897 The City of Wichita Housing Authority (WHA) Capital Fund Program will make all necessary capital improvements and corrections of deficiencies in the WHA rental inventory to ensure the long term physical and social viability of WHA developments. The Program is also used to upgrade the management operations of the WHA to assure the ability of staff to serve the housing needs of low to moderate income families. This report covers the current status of all Capital Fund improvement projects. The 2000, 2001 and 2002 Capital Fund grants are in the amounts of $1,192,646, $1,216,704 and $1,159,577 respectively. The 2000 grant has been expended with the exception of one obligated project. The 2003 through 2005 budgeted amounts are estimated on the basis of the 2002 grant amount. Motion --carried Knight moved that the report be received and filed. Motion carried 8 to 0. HOUSING 2003 SECTION 8 VOUCHER AND MOD HUD BUDGETS. Agenda Report No.02-1898 The Department of Housing and Urban Development (HUD) requires that the Wichita Housing Authority (WHA) annually submit a Voucher and MOD program budget for HUD approval. The budget estimates the Housing Assistance and Administrative Fees necessary to accommodate the number of vouchers HUD has allocated to WHA. The Voucher program allows a client to locate his or her own rental housing unit, and WHA pays housing assistance to the Landlord based on the client's household income. Under the MOD program a client must live in the single Housing Project that HUD has contracted with to provide housing for low income clients and housing assistance is paid to the Project based on the client's household income. Listed below is a schedule of the "funds required" to complete the 2003 grant year for the Voucher and MOD programs. The budget will be totally funded by HUD with funds allocated for the Wichita Housing Authority. Voucher Budget MOD Budget FSS Coord. Grant $ 102,511 $ 0 Housing Pymnts $10,360,944 $ 208,800 Admin. Fee $ 1,231,726 $ 32,385 Hard to House $ 37,500 $ 0 Audit Costs $ 6,000 $ 500 Total Funds Req. $11,738,681 $ 241,685 The Voucher Budget is based on providing 2,321 families (or single individuals) housing assistance for twelve months and MOD is based on providing 58 families (or single individuals) assistance for twelve months. The budgets are completely funded by HUD grants. There is no impact on the City's non-federal budget. Motion -- Knight moved that submission of the budgets be approved and the necessary signatures be authorized. -- carried Motion carried 8 to 0. ADJOURNMENT The City Council meeting adjourned at 10:01 a.m. Pat Burnett CMC City Clerk CITY COUNCIL PROCEEDINGS JOURNAL 176 OCTOBER 1, 2002 PAGE 339