April 5, 2005 AGENDA REPORTS Agenda Item No. 6a City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0265 TO: Mayor and City Council Members SUBJECT: Petitions for Paving, Sanitary Sewer and Drainage System to serve Krug North Addition and East Side Community Church 2nd Addition (north of 21st, west of 143rd Street East) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Petitions. Background: On April 13, 2004, and July 20, 2004, the City Council approved Petitions for street paving, drainage improvements, and sanitary sewer systems in Krug North Addition. The developer has submitted new Petitions to reallocate special assessments to equalize total assessments within the development and reflect recent platting activity. The signatures on the petitions represent 100% of the improvement districts. Analysis: These projects will serve a new residential development and church building located north of 21st, west of 143rd Street East. Financial Considerations: The project budgets are unchanged. Legal Considerations: 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. Recommendation/Action: It is recommended that the City Council approve the Petitions and adopt the Resolutions. Agenda Item No. 6b City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0266 TO: Mayor and City Council Members SUBJECT: Petition to construct a Water Distribution System for part of Lot 1, Block 1, Oak Cliff Estates 4th Addition (north of Maple, west of Maize) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Petition. Background: The Petition has been signed by one owner, representing 100% of the improvement district. Analysis: This project will provide water service to an undeveloped tract located north of Maple, west of Maize. Financial Considerations: The Petition totals $25,000, with the total paid by special assessments. Legal Considerations: 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. Recommendation/Action: It is recommended that the City Council approve the Petition, and adopt the Resolution. Agenda Item No. 6c City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0267 TO: Mayor and City Council Members SUBJECT: Petitions to construct sanitary sewers to serve Lot 132, Van View Addition (west of Seneca, north of 53rd Street North) (District VI) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Petitions. Background: The Petitions has been signed by three owners, representing 100% of the improvement districts. Analysis: The project will provide sanitary sewer service to two undeveloped tracts located west of Seneca, north of 53rd Street North. Financial Considerations: The Petitions total $15,192. The funding source is special assessments. Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or owners of the majority of the property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the Petitions and adopt the Resolutions. Agenda Item No. 6d City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0268 TO: Mayor and City Council Members SUBJECT: Petition to construct a sanitary sewer to serve part of Lot 1, Block 1, Mediterranean Office Park Addition (north of 29th Street North, west of Webb) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Petition. Background: The Petition has been signed by one owner, representing 100% of the improvement district. Analysis: The project will provide sanitary sewer service to an undeveloped commercial tract located north of 29th Street North, west of Webb. Financial Considerations: The Petition totals $12,500. The funding source is special assessments. Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or owners of the majority of the property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the Petition and adopt the Resolution. Agenda Item No. 6e City of Wichita City Council Meeting April 5, 2004 Agenda Report No. 05-0269 TO: Mayor and City Council Members SUBJECT: Petition to construct a sanitary sewer to serve part of Lot 16, Walnut Grove Addition (west of Arkansas Avenue, south of 35th Street North) (District VI) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Petition. Background: The Petition has been signed by two owners, representing 100% of the improvement district. Analysis: The project will provide sanitary sewer service to a home at 1131 W. 35th Street North. Financial Considerations: The Petition totals $12,000. The funding source is special assessments. Legal Considerations: 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. Recommendation/Action: It is recommended that the City Council approve the Petition and adopt the Resolution. Agenda Item No. 6f City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0270 TO: Mayor and City Council Members SUBJECT: Petitions for Sanitary Sewer Improvements for Copper Gate North and Cheryl's Hollow Additions (north of 13th, west of 135th Street West) (District V) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Petitions. Background: The Petitions have been signed by two owners, representing 100% of the improvement districts. Analysis: These projects will provide sanitary sewer service to new residential developments located north of 13th, west of 135th Street West. Financial Considerations: The Petitions total $629,000. The funding source is special assessments. Legal Considerations: 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. Recommendation/Action: It is recommended that the City Council approve the Petitions and adopt the Resolutions (hold for development). Agenda Item No. 6g City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0271 TO: Mayor and City Council Members SUBJECT: Petition to construct a Water Distribution System for Part of Lot 6, Valley Acres Addition (north of 11th, west of St. Paul) (District VI) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Petition Background: The Petition has been signed by one owner representing 100% of the improvement district. Analysis: The project will provide water service to a vacant residential tract located north of 11th, west of St. Paul. Financial Considerations: The Petition totals $4,500 with the total paid by special assessment. Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or owners of the majority of the property in the improvement district. Recommendation/Action: It is recommended that the City Council approve the Petition, and adopt the Resolution. Agenda Item No. 11a City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0272 TO: Mayor and City Council SUBJECT: Agreement to Respread Assessments: Woodland Lakes Estates 4th Addition (south of Lincoln, west of 127th Street East) (District II) INITIATED BY: Department of Finance AGENDA: Consent Recommendation: Approve the Agreement. Background: The landowner, International Trading, Inc., has submitted an Agreement to respread special assessments within Woodland Lakes Estates 4th Addition. Analysis: The land was originally included in a number of improvement districts for several public improvement projects. The purpose of the Agreement is to respread special assessments on a fractional basis for each lot, therefore, distributing the cost of the improvements more fairly. Without the Agreement, the assessments will remain spread on a square foot basis. Financial Considerations: There is no cost to the City. Legal Considerations: The Agreement has been approved as to form by the Law Department. Recommendations/Actions: It is recommended that the City Council approve the Agreement and authorize the necessary signatures. Agenda Item No. 11b CITY OF WICHITA City Council Meeting April 5, 2005 Agenda Report No. 05-0273 TO: Mayor and City Council Members SUBJECT: Contract for Consultant Services for Acquisition and Relocation: Pawnee Widening Project (District III). INITIATED BY: Office of Property Management AGENDA: Consent Recommendation: Approve the contract. Background: The widening and improvement of Pawnee between Washington and Hydraulic will require the acquisition of 12 tracts. These tracts require acquisition and relocation. The tracts include both residential and commercial properties. Residential relocation is very labor intensive. With current staffing levels and project timing, relocation assistance is required. Analysis: Proposals to provide acquisition and relocation services were solicited from qualified firms. Three firms responded to the request for proposals. Land Acquisitions, Inc. was selected from among the proposals by the review committed based on qualifications and the lowest cost. Based on their proposal, it is estimated that $27,000 will be sufficient to complete the assignment. Financial Considerations: Funding is available within the project budget to fund the proposed increase. Project costs will be funded with general obligation bonds. Legal considerations: The Law Department has approved the contract as to form. Recommendation/Action: It is recommended that the City Council authorize all necessary signatures. Agenda Item No. 11c City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0274 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Improvements to Parking Lot in Riverside Park (District VI) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement Background: The Council approved major modifications to the Riverside Park System in the CIP. On November 14, 2000, the City approved an agreement with Wilson Darnell Mann P.A. (WDM) to design the improvements. The Contract for Architectural Services with WDM lists the construction related services which the design team will provide, and includes the phrase, "Should the project scope or budget be revised upward at any point during the process, the design team will be compensated accordingly through supplemental agreement(s)." Analysis: The Riverside Park project included the construction of a new 187 stall parking lot on the east side of Nims for people using the park. The desire of Park Department and the Riverside community was to minimize the amount of pavement in the park, so the parking lot was designed with about 1/3 (64 stalls) constructed from concrete, while the remaining 2/3 (123 stalls) was constructed using grass-pave. This is a plastic "egg crate" material which is filled with sod to give an attractive grass surface with sufficient durability for occasional vehicular traffic. This area was planned as overflow parking for special events only. The renovated park with its many new amenities quickly became more popular with the public than was anticipated, and the parking lot was consistently used by more vehicles than could be contained on the concrete areas. The grass-pave area was unable to handle the abuse of constant vehicular traffic, so it quickly became very worn with areas of dead grass and exposed dirt. This Supplemental Agreement between the City and WDM provides for the design and preparation of bid documents to convert the center portion of the parking lot, including 55 stalls, from the existing grass-pave to concrete with appropriate drainage. The construction will be bid, and the construction contract will be brought to Council for approval. However, the Supplemental Agreement does include the architect's services for inspection, field staking, administration and testing during the construction process. The fees for work included in the Supplemental Agreement are as follows: Services performed during the construction phase $10,400.00 (If construction is no approved, these services will not be required and the city will not be charged.) Architectural services for Design, Construction Documents and 5,160.00 Bidding Services performed during the construction phase. Total services included in the Supplemental Agreement. $15,560.00 Financial Considerations: All fees will be paid from project funds. Legal Considerations: The Law Department has approved the Supplemental Agreement as to form. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. SUPPLEMENTAL AGREEMENT NO. 2 TO THE CONTRACT FOR ARCHITECTURAL SERVICES DATED NOVEMBER 14, 2000, BY AND BETWEEN THE CITY OF WICHITA, KANSAS Party of the First Part, Hereinafter referred to as "OWNER" AND WILSON DARNELL MANN P.A. Party of the Second Part, Hereinafter referred to as "ARCHITECT" WHEREAS, there now exists a Contract (dated November 14, 2000) between the two parties covering professional services to be provided by the ARCHITECT for the evaluation, design, preparation of plans and specifications, and related services in conjunction with the Improvements and Modifications to the Riverside Park System in Wichita, Kansas, and WHEREAS, Paragraph V.C.1-4, in the above referenced Contract, provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and WHEREAS, it is the desire of both parties that the ARCHITECT provide additional services required for the PROJECT and receive additional compensation, as revised herein: NOW, THEREFORE, the parties hereto mutually agree as follows: A. SCOPE OF SERVICES CONSTRUCTION RELATED SERVICES in EXHIBIT "A", SCOPE OF SERVICES, in the above referenced Contract, shall be modified to include the following additional new and/or expanded Construction Engineering and Administration Services: * The City desires to modify the existing parking lot in Central Riverside Park to convert 1/2 of the existing grass-pave portion to concrete for a more durable surface while limiting vehicular traffic on the remaining grass-pave portion. ARCHITECT has already performed a preliminary design study that has been approved for this work. · ARCHITECT shall complete the design and construction documents for modifying the existing parking lot as described above, assist through the normal bidding process and in obtaining necessary approvals. · ARCHITECT shall provide onsite services through the construction phase including construction staking, administration, inspection and testing as required. B. PAYMENT PROVISIONS The total fee as described in Section V of the Contract shall be amended to include the following: Payment to the ARCHITECT for the performance of the professional services as outlined in this Supplemental Agreement shall be made on the basis of the fee structure as specified below: Architectural Services for Design, Construction Documents and Bidding $ 5,160 Services performed during the Construction Phase $10,400 Total Services included in this Supplemental Agreement $15,560 C. PROVISIONS OF THE ORIGINAL CONTRACT The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS THEREOF, the OWNER and the ARCHITECT have executed this Supplemental Agreement as of this____________ day of ______________, 2005. CITY OF WICHITA, KANSAS BY ORDER OF THE CITY COUNCIL by _____________________________ Carlos Mayans, Mayor Attest: WILSON DARNELL MANN P.A. by___________________________ ____________________________ Lee Engler, RLA Karen Sublett, City Clerk Principal Approved as to form: ______________________________ Gary E. Rebenstorf Director of Law Agenda Item No. 11d City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0275 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Staking in Blue Lake Addition (west of West Street, north of MacArthur) (District IV) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: The City Council approved the paving improvements in Blue Lake Addition on September 14, 2004. On October 19, 2004 the City approved Agreements with Baughman Company, P.A. to design the improvements. The Design Agreements with Baughman requires Baughman to provide construction engineering and staking services if requested by the City. Analysis: The proposed Supplemental Agreements between the City and Baughman provides for staking for the improvements. Due to the current workload created by previous projects, City crews are not available to perform the staking for this project. Financial Considerations: Payment to Baughman will be on a lump sum basis of $15,980, and will be paid by special assessments. Legal Considerations: The Supplemental Agreements has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreements and authorize the necessary signatures. SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED OCTOBER 19, 2004 BETWEEN THE CITY OF WICHITA, KANSAS PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND BAUGHMAN COMPANY, P.A. PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated October 19, 2004) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in BLUE LAKE ADDITION (west of West Street, north of MacArthur). WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for the PROJECT and receive additional compensation (as revised herein): NOW THEREFORE, the parties hereto mutually agree as follows: A. PROJECT DESCRIPTION The description of the improvements that the CITY intends to construct and thereafter called the "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following: STAKING AND AS-BUILT ONLY (as per the City of Wichita Standard Construction Engineering Practices) BLUELAKE, 31ST STREET SOUTH, and BOLIN DRIVE from the south line of Lot 15, Block D, north, east and south to Sabin, and on SABIN from the southwest line of Bolin Drive, south to the north line of Lot 61, Block D. BLUELAKE COURT (Lots 84 through 100, Block A), from the west line of Bluelake, west to and including the cul-de-sac, on BLUELAKE COURT (Lots 101 through 117, Block A), from the west line of Bluelake, west to and including the cul-de-sac, and on SABIN COURT from the west line of Sabin, west to and including the cul-de-sac and south to and including the cul-de-sac. Sidewalk be constructed along one side of Bluelake, 31st Street South, Bolin Drive and Sabin (west of West Street, north of MacArthur) (Project No. 472 84074). As-built of all areas included in the project mass grading plan will be the responsibility of the consultant and shall be submitted and sealed by a licensed land surveyor or registered professional engineer. Final elevations for all areas to be graded per plans, provisions or otherwise, including street right-of-way, lots, easements, ponds and reserve areas, shall be within +/- 0.2' of plan call-outs, unless otherwise stated in plans or provisions. Consultant will be responsible to coordinate any rework with the contractor, regardless of the number of times necessary to achieve allowable tolerance, and will ensure that a minimum slope is maintained in all drainage easements, especially in such cases where the +/- tolerance could result in a less than desirable percent of grade. Two copies of the project specific mass grading and pond construction plan sheets will be submitted to the project engineer as soon as possible after completion of final grading, will show original plan and final as-built elevations at all original call-out locations. B. PAYMENT PROVISIONS The lump sum fee and the accumulated partial payment limits in Section IV. A. shall be amended as follows: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee specified below: 472 84074 $15,980.00 C. PROVISIONS OF THE ORIGINAL CONTRACT The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2005. BY ACTION OF THE CITY COUNCIL ______________________________ Carlos Mayans, Mayor ATTEST: _________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: _________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. ______________________________ (Name & Title) ATTEST: _________________________________ Agenda Item No. 11e City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0276 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Staking in Highland Springs 3rd Addition (west of 135th Street West, south of Central) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: The City Council approved the storm water drainage improvements in Highland Springs 3rd Addition on January 1, 2005. On March 22, 2005 the City approved Agreements with Baughman Company, P.A. to design the improvements. The Design Agreements with Baughman requires Baughman to provide construction engineering and staking services if requested by the City. Analysis: The proposed Supplemental Agreements between the City and Baughman provides for staking for the improvements. Due to the current workload created by previous projects, City crews are not available to perform the staking for this project. Financial Considerations: Payment to Baughman will be on a lump sum basis of $4,860, and will be paid by special assessments. Legal Considerations: The Supplemental Agreements has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreements and authorize the necessary signatures. SUPPLEMENTAL AGREEMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED MARCH 22, 2005 BETWEEN THE CITY OF WICHITA, KANSAS PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND BAUGHMAN COMPANY, P.A. PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated March 22, 2005) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in HIGHLAND SPRINGS 3RD ADDITION (west of 135th Street West, south of Central). WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for the PROJECT and receive additional compensation (as revised herein): NOW THEREFORE, the parties hereto mutually agree as follows: A. PROJECT DESCRIPTION The description of the improvements that the CITY intends to construct and thereafter called the "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following: STAKING AND AS-BUILT ONLY (as per the City of Wichita Standard Construction Engineering Practices) STORM WATER DRAIN NO. 205 serving Lots 1 through 28, Block C; Lots 1 through 21, Block D; Lots 1 through 16, Block E; Lots 1 through 17, Block F; Lots 1 through 6, Block G; Lot 1, Block H, Highland Springs 3rd Addition (west of 135th Street West, south of Central) (Project No. 468 83637). As-built of all areas included in the project mass grading plan will be the responsibility of the consultant and shall be submitted and sealed by a licensed land surveyor or registered professional engineer. Final elevations for all areas to be graded per plans, provisions or otherwise, including street right-of-way, lots, easements, ponds and reserve areas, shall be within +/- 0.2' of plan call-outs, unless otherwise stated in plans or provisions. Consultant will be responsible to coordinate any rework with the contractor, regardless of the number of times necessary to achieve allowable tolerance, and will ensure that a minimum slope is maintained in all drainage easements, especially in such cases where the +/- tolerance could result in a less than desirable percent of grade. Two copies of the project specific mass grading and pond construction plan sheets will be submitted to the project engineer as soon as possible after completion of final grading, will show original plan and final as-built elevations at all original call-out locations. B. PAYMENT PROVISIONS The lump sum fee and the accumulated partial payment limits in Section IV. A. shall be amended as follows: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee specified below: 468 83637 $__________________ C. PROVISIONS OF THE ORIGINAL CONTRACT The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2005. BY ACTION OF THE CITY COUNCIL ______________________________ Carlos Mayans, Mayor ATTEST: _________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: _________________________________ Gary Rebenstorf, Director of Law BAUGHMAN COMPANY, P.A. ______________________________ (Name & Title) ATTEST: _________________________________ Agenda Item No. 11f City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0277 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Four Mile Creek North Pump Station (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: On October 22, 2002, the City entered into an Agreement with Ruggles & Bohm, P.A. (R&B) for designing a sanitary sewer lift station, gravity sewer lines to the lift station, and a force main from the lift station to the Four Mile Creek Sanitary Sewage Treatment Plant, to address capacity issues for the area to the north of Crestview Country Club. The fee was $137,198. On May 18, 2004, the City Council approved Supplemental Agreement No. 1, for additional design services to design a sanitary sewer across the Crestview Country Club property. This alignment was required due to unsuccessful attempts to obtain an easement for construction of a new lift station on the north side of l3th Street, between 127th Street East and 143rd Street East. The fee for the development of the plans was $93,798. On January 4, 2005, the City Council approved Supplemental Agreement No. 2, for a study of alternate routes for the area north of the Crestview sewer project, more specifically to study the developing areas north of Crestview Country Club. The fee was $5,000. Analysis: R&B has been asked to design a pedestrian crossing for Crestview Country Club to replace the structure that will be removed for sanitary sewer construction. The proposed Supplemental Agreement provides for the additional services. Financial Considerations: Payment to R&B will be on a lump sum basis of $16,740, and will be paid by Revenue Bonds. Legal Considerations: The Supplemental Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. SUPPLEMENTAL AGREEMENT NO. 3 TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED OCTOBER 22, 2002 BETWEEN THE CITY OF WICHITA, KANSAS PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND RUGGLES & BOHM, P.A. PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated October 22, 2002) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements for SANITARY SEWER LIFT STATION, GRAVITY SEWER LINES TO THE LIFT STATION, AND A FORCE MAIN FROM THE LIFT STATION TO THE FOUR MILE CREEK SANITARY SEWAGE TREATMENT PLANT (CIP S-532) (OCA #624078). WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for the PROJECT and receive additional compensation (as revised herein): NOW THEREFORE, the parties hereto mutually agree as follows: A. PROJECT DESCRIPTION The description of the improvements that the CITY intends to construct and thereafter called the "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following: Design of a pedestrian crossing for Crestview Country Club to replace the structure that will be removed for sanitary sewer construction. The engineer shall study the construction of a pedestrian bridge capable of holding fully loaded golf cars and light maintenance equipment, or the reconstruction of a weir structure that enhances mitigation of drainage and flooding issues. The ENGINEER shall provide input and recommendations regarding both structures and make recommendations regarding which is best for the proposed application. After recommendations are made, the ENGINEER shall be responsible to prepare construction plans and cost estimates for the construction of the structure. B. PAYMENT PROVISIONS The fee in Section IV. A. shall be amended to include the following: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee amount of $16,740.00. C. COMPLETION The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY by ____________________; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions of inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER. D. PROVISIONS OF THE ORIGINAL CONTRACT The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of __________________________, 2005. BY ACTION OF THE CITY COUNCIL __________________________________ Carlos Mayans, Mayor ATTEST: _________________________________ Karen Sublett, City Clerk APPROVED AS TO FORM: _________________________________ Gary Rebenstorf, Director of Law RUGGLES & BOHM, P.A. __________________________________ (Name and Title) ATTEST: _________________________________ Agenda Item No. 11g City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0278 TO: Mayor and City Council Members SUBJECT: Supplemental Agreement for Area Lighting at Nine City Pools (Districts I, IV, V & VI) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Supplemental Agreement. Background: On May 4, 2004, the City entered into an Agreement with K.E. Miller Engineering, P.A. for designing area lighting at nine City pools for a design fee of $22,000. On February 1, 2005, the City Council approved Supplemental Agreement No. 1, to study the existing lighting and prepare design plans for an upgraded lighting system for the West Side Athletic Fields. The fee was $6,500. Analysis: The Design Agreements with K.E. Miller requires K.E. Miller to provide construction engineering services if requested by the City. The proposed Supplemental Agreements between the City and K.E. Miller provides for electrical engineering services as required during the construction of the project. Financial Considerations: Payment to K.E. Miller will be on an hourly basis with a maximum fee not to exceed $2,250, and will be paid by General Obligation Bonds. Legal Considerations: The Supplemental Agreement has been approved as to form by the Law Department. Recommendation/Action: It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures. SUPPLEMENTAL AGREEMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED MAY 4, 2004 BETWEEN THE CITY OF WICHITA, KANSAS PARTY OF THE FIRST PART, HEREINAFTER CALLED THE "CITY" AND K.E. MILLER ENGINEERING, P.A. PARTY OF THE SECOND PART, HEREINAFTER CALLED THE "ENGINEER" WITNESSETH: WHEREAS, there now exists a Contract (dated May 4, 2004) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements to AREA LIGHTING FOR NINE CITY POOLS. WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for the PROJECT and receive additional compensation (as revised herein): NOW THEREFORE, the parties hereto mutually agree as follows: A. PROJECT DESCRIPTION The description of the improvements that the CITY intends to construct and thereafter called the "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following: Electrical Engineering Services (Services shall include the review of electrical submittals and shop drawings, and assistance as required during construction of the project.) (Project #472 84002, OCA #785041) B. PAYMENT PROVISIONS The fee in Section IV. A. shall be amended to include the following: Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on an hourly basis at a rate of $90.00 per hour, with a maximum fee not to exceed $2,250.00. C. PROVISIONS OF THE ORIGINAL CONTRACT The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect. IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2005. By Action of the City Council __________________________________ Carlos Mayans, Mayor ATTEST: _________________________________ Karen Sublett, City Clerk Approved as to Form: _________________________________ Gary Rebenstorf, Director of Law K.E. MILLER ENGINEERING, P.A. __________________________________ (Name and Title) ATTEST: _________________________________ Agenda Item No. 11h City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0279 TO: Mayor and City Council Subject: Drug Enforcement Administration Task Force Initiated By: Police Department Agenda: Consent Recommendation: Approve the agreements. Background: The Wichita Police Department will be participating in a joint federal task force through the DEA. Police Department detectives will be assisting the task force for a special assignment. These detectives will supplement two detectives currently assigned to a joint DEA task force under an October 1, 2002 agreement. Analysis: The DEA will reimburse the Police Department for overtime incurred by the detectives assisting the task force and for the two detectives currently assigned to a joint DEA task force. Financial Considerations: The City of Wichita will be reimbursed by the DEA for overtime incurred by the detectives assisting the joint task force, dependent on the number of hours worked, up to $40,000. In addition, the DEA has agreed to reimburse the Police Department for up to $29,340 in overtime for DEA task force assigned detectives. The DEA task force agreement updates an October 1, 2002 agreement regarding the amount of overtime that will be reimbursed. In both cases, there is no City match required. Legal Considerations: The agreement will be reviewed and approved as to form by the Law Department. Recommendations/Actions: Approve the agreements, authorize the additional grant expenditures, and authorize the appropriate signatures. Agenda Item No. 12 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0280 TO: Mayor and City Council Members SUBJECT: Change Order: War Industries Relief Sewer (along Gypsum Creek between Harry and Rock) (District II) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the Change Order. Background: On July 20, 2004 the City Council approved a construction contract to build a relief line paralleling the War Industries Sewer along Gypsum Creek, between Harry and Rock. While most of the construction is in the creek bank area, a part of the work is under existing paved streets. The amount of pavement restoration needed, due to the poor pavement condition, exceeds the amount expected at the time the project was designed. Analysis: A Change Order has been prepared for the additional work. Funding is available within the project budget. Financial Considerations: The total cost of the additional work is $102,194 with the total paid by the Sewer Utility. The original contract is $2,530,420. This Change Order plus previous Change Orders represents 4.04% of the original contract amount. Legal Considerations: The Law Department has approved the Change Order as to legal form. The Change Order amount is within 25% of the construction contract cost limit set by the City Council policy. Recommendation/Action: It is recommended that the City Council approve the Change Order and authorize the necessary signatures. October 26, 2004 PUBLIC WORKS-ENGINEERING CHANGE ORDER To: Dondlinger & Sons Project: Water Main Replacement - Harry, Oliver to Woodlawn Change Order No.: 3 Project No.: 448-89700 Purchase Order No.: 301361 OCA No.: 636116 CHARGE TO OCA No.: 636116 PPN: 772513 Please perform the following extra work at a cost not to exceed $11,950.00 There were originally 60 services estimated to be in need of repair, and 29 more are needed. OVERRUN: Long Water Service (1") - 4 ea @ $550.00/ea = $ 2,200.00 Short Water Service (1") - 25 ea @ $450.00/ea = $11,250.00 UNDERRUN: Long Water Service (2") - 1 ea @ $1,500.00/ea = ($ 1,500.00) Total $11,950.00 Recommended By: Approved: ________________________ ________ ________________________ _______ Lawrence Schaller, P.E. Date Jim Armour, P.E. Date Construction Engineer Acting City Engineer Approved: Approved: ________________________ ________ ________________________ _______ Contractor Date Chris Carrier, P.E. Date Acting Director of Public Works Approved as to Form: By Order of the City Council: ________________________ ________ ________________________ _______ Gary Rebenstorf Date Carlos Mayans Date Director of Law Mayor Attest: ____________________________ City Clerk Agenda Item No. 13a CITY OF WICHITA City Council Meeting April 5, 2005 Agenda Report No. 05-0281 TO: Mayor and City Council Members SUBJECT: Acquisition of Part of 4820 E. Central for Central: Oliver to Woodlawn (District I and II) INITIATED BY: Office of Property Management AGENDA: Consent Recommendation: Approve the acquisition. Background: On November 4, 2003 City Council approved a project to improve Central, between Oliver and Woodlawn. The improvement plans call for partial acquisitions of seven parcels. One acquistion at 4820 E. Central requires a 400 square foot strip take of land. The property is a multi-tenant occupied building situated on a 13,939 square foot site. Analysis: The property owner has agreed to accept $11,450.00. $4,000 for the acquisition, $250 for the temporary easement and $7,200 for cost-to-cure items and damages to the two signs and planter boxes on the property. The building improvements will not be impacted by this acquisition. Financial Considerations: The funding source for the City share of the project is General Obligation Bonds with Federal monies. A budget of $11,900 is requested. This includes $11,450 for the acquisition, and $450 for the title insurance. Legal Considerations: The Law Department has approved the contracts as to form. Recommendation/Action: It is recommended that the City Council; 1) Approve the Budget; 2) Approve the Real Estate Purchase Contracts; and 3) Authorize all necessary signatures. Agenda Item No. 13b CITY OF WICHITA City Council Meeting April 5, 2005 Agenda Report No. 05-0282 TO: Mayor and City Council Members SUBJECT: Acquisition by Eminent Domain of a Tract Required for the Pawnee and Washington Intersection Improvement Project (District III) INITIATED BY: Office of Property Management AGENDA: Consent Recommendation: Adopt resolution and approve and place on first reading the ordinance providing for the acquisition by eminent domain of certain real property. Background: On October 21, 2003, the City Council approved the improvement of the intersection of Pawnee and Washington. The project will require the acquisition of several parcels of land and easements. One of the required acquisitions is a 17.5-foot wide strip along the north edge of 1027 East Pawnee. The parcel has 17,656 square feet and is improved with a 2,400 square foot concrete block facility. It is currently configured for automobile service. The project will require 2,472 square feet of the site. While the acquisition does not physically impact the building, the overhead access doors will need to be relocated to the south side of the structure due to proximity to the street. Analysis: City staff has been attempting to negotiate a purchase of the identified property but has been unable to reach an agreement with the owner. The tract was appraised at $42,250. This amount includes payment for the land plus funds to pay to relocate the access doors. The owner's counter proposal was that the City give them the 28,385 square feet that the City is acquiring at 1001 East Pawnee and $850,000 to build a new building on the reconfigured site. It is his preference that the City finance the new construction. Staff will continue to negotiate with the owners, but due to the owner's wishes, eminent domain proceedings need to be initiated. Financial Considerations: The cost of this acquisition will be paid for by the City at large. Legal Considerations: The Law Department has approved the resolution and ordinance as to form. Recommendation/Action: Adopt the resolution and place the ordinance providing for the acquisition by eminent domain of certain real property and directing the City Attorney to file the appropriate proceedings in the District Court to accomplish such acquisition, on first reading. Agenda Item No. 14 CITY OF WICHITA City Council Meeting April 5, 2005 Agenda Report No. 05-0283 TO: Mayor and City Council Members SUBJECT: Approval of Damage Claims INITIATED BY: Law Department AGENDA: Consent Recommendation: Approve payment of claims presented. Background: Southwestern Bell has two claims of trunk line damage resulting from City crews working on water and sewer repairs and original installations. Each relates to damage caused by directional boring under City streets used in an attempt to install water service without the necessity of closing a street or alley for construction, and the trenching of those passageways to lay water pipe. Analysis: Southwestern Bell and the City of Wichita are, and will continue to remain, partners in the provision of essential services to the residents of the City of Wichita. Each entity properly has facilities under the street right of way, that occasionally conflict. The claims presented are attributed to the cost of outside contractors skilled in the repair of the older, non-color-coded connections involved. Financial Considerations: Payment in the total sum of $54,166.37 would be from the tort claims fund. Legal Considerations: The Law Department and Water Department have investigated the claims, and each has determined that payment is appropriate. The Law Department initiated this proposal and recommends passage. Payment will be exchanged for a standard form release. Recommendations/Actions: Authorize payment of the two identified claims. Agenda Item No. 15 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0284 TO: Mayor and City Council Members SUBJECT: Community Fisheries Assistance Program Grant Application (District IV) INITIATED BY: Department of Park and Recreation AGENDA: Consent Recommendation: Approve the grant application. Background: The South Lakes Fishing Area located at 55th Street South has been a popular location for area fisherman for several years. Currently, the parking area at this location is unpaved and does not comply with the City ordinance to have all parking areas paved within the city limits. The fishing lake area, which was acquired in the years 1990 through 1992, has deteriorated since that time, due to years of use. The Park and Recreation Department plans to improve this facility by redesigning the access from 55th Street, providing ADA-compliant parking and access control, and developing a fish loading ramp which can be utilized by the Kansas Department of Wildlife and Parks. This lake is currently part of the KDWP program which regularly stocks area lakes. Analysis: The 2005 Park Capital Improvement Program (CIP) includes funding for the renovation and construction of parking lots and entrance drives. Renovation will protect the City's investment in this facility, making it functional and aesthetically attractive to citizen users. This year's plan calls for improvements in parking areas at the Park Maintenance Facility, South Lakes Fishing Lake and Harrison Park. Financial Considerations: The City is requesting $40,000 funding for the South Lakes project through the Community Fisheries Assistance Program (CFAP) grant application. The project is estimated to cost $75,000. By utilizing the grant, the Park Department hopes to stretch funding allocations for other needs in the park system. The 2005 Park CIP includes $450,000 for the renovation of parking lots and entrance drives. The funding source is general obligation bonds. Legal Considerations: The Law Department has approved the grant application. Recommendation/Action: It is recommended that the City Council approve the grant application and authorize the necessary signatures. Agenda Item No. 16 CITY OF WICHITA City Council Meeting April 5, 2005 Agenda Report No. 05-0285 TO: Mayor and City Council Members SUBJECT: Memorandum of Understanding between Sedgwick County Forensic Science Center and the City of Wichita for collection of restitution for drug/alcohol testing and enhancement of laboratory services. INITIATED BY: Department of Law AGENDA: Consent Recommendation: Approve the Memorandum of Understanding. Background: The Sedgwick County Forensic Science Center conducts testing upon drug and alcohol evidence submitted by the Wichita Police Department, for cases filed in the City of Wichita Municipal Court. In order to prosecute drug and/or alcohol offenses in Municipal Court, the prosecution must provide a laboratory analysis. The Sedgwick County Forensic Science Center incurs an expense of $50.00 per test performed. Currently, they are not compensated for this testing. The large numbers of alcohol and drug cases submitted for testing by the Wichita Police Department stress their current levels of staffing and supply expenditures. As a result, the testing is not always assured in a timely manner. The memorandum of understanding allows the prosecution to request of the Municipal Court Judge a restitution amount of $50.00 per test conducted, on cases in which the defendant has been convicted of alcohol and/or drug offenses, for which laboratory analysis was performed. If ordered by the Municipal Court Judge, the restitution amount is collected from the defendant. Sedgwick County has agreed to utilize the restitution amounts collected to renew supplies expended and enhance staffing on municipal cases, in order that laboratory testing is timely. Analysis: The Sedgwick County Forensic Science Center does not receive remuneration for testing of alcohol/drug evidence for municipal offenses. This Memorandum of Understanding would allow prosecutors to request that a $50 testing restitution fee be assessed against defendants convicted of alcohol/drug offenses in Municipal Court, for which laboratory testing was performed. The Municipal Court Judge may order the restitution fee. The Sedgwick County Forensic Science Center has agreed to utilize the restitution amount collected from defendants to renew supplies expended on testing and enhance staffing levels to guarantee timely testing on municipal cases. Financial Considerations: None Legal Considerations: The Memorandum of Understanding has been prepared and approved as to form by the Law Department. Recommendations/Actions: Approve the Memorandum of Understanding. CITY OF WICHITA AND SEDGWICK COUNTY MEMORANDUM OF UNDERSTANDING RESTITUTION FEES IN DRUG/ALCOHOL CASES FILED IN THE MUNICIPAL COURT OF THE CITY OF WICHITA The purpose of this Memorandum of Understanding is to enhance laboratory services provided by the Sedgwick County Forensic Science Center to the City of Wichita Police Department for drug and alcohol cases filed in the City of Wichita Municipal Court. The enhancement of laboratory services under this agreement will be funded through a restitution fee requested by the City of Wichita Department of Law against convicted defendants, in cases that the Sedgwick County Forensic Science Center performed laboratory analysis on drugs and/or alcohol. Restitution amounts ordered by the Municipal Court and ultimately collected from the convicted defendants will be utilized by the Sedgwick County Forensic Science Center to enhance laboratory services for cases involving drug and/or alcohol charges filed through the City of Wichita Municipal Court. WHEREAS, the City of Wichita recognizes the need for enhanced laboratory services from the Sedgwick County Forensic Science Center and has the commitment to seek restitution from defendants convicted of drug and/or alcohol charges, in which the Sedgwick County Forensic Science Center performed laboratory analysis, and WHEREAS, the Sedgwick County Forensic Science Center recognizes the need to enhance laboratory services to the Wichita Police Department on cases that have drug and/or alcohol charges filed through the City of Wichita Municipal Court, and have the desire to utilize restitution amounts ordered by the City of Wichita Municipal Court for laboratory services performed in drug and/or alcohol cases, from convicted defendants, to be utilized for the enhancement of laboratory services, and NOW THEREFORE BE IT KNOWN: THAT THIS AGREEMENT is made and entered into this ____ day of ____________, 2005, by and between the Board of County Commissioner of Sedgwick County, Kansas, hereinafter referred to as "County" and the City of Wichita, Kansas, hereinafter referred to as "City". THAT the County currently operates and funds the Sedgwick County Regional Forensic Science Center, hereinafter referred to as "Center". The Center provides Forensic Science Services to all local and county Law Enforcement agencies; and The Center and City representatives have met and agree that additional resources, specifically forensic scientists for the Drug/Alcohol Identification Unit, will enhance the ability of the Center to provide expert forensic science services to the Wichita Police Department, and the citizens of the City of Wichita, on cases filed in the City of Wichita Municipal Court; and The parties agree that a defendant who is convicted of a violation in which forensic science services were utilized, in cases filed in the City of Wichita Municipal Court, should be assessed at least a portion, if not all the cost of the service, and it is appropriate for a prosecutor to request that such restitution be paid to an aggrieved party stemming from a defendant's criminal conduct; and The City of Wichita Municipal Court has the ability and authority to impose upon a defendant, convicted on a municipal charge, a restitution fee. NOW THEREFORE, SEDGWICK COUNTY AND THE CITY OF WICHITA MUTUALLY AGREE TO THE FOLLOWING: Restitution Fee. The Municipal Court of the City of Wichita may order and collect as a restitution fee, upon request by a city prosecutor and order of the Court, an amount of $50 for each charge and subsequent conviction upon which a drug/alcohol analysis was performed by the Sedgwick County Forensic Science Center. This assessment, when ordered against convicted defendants, and paid by convicted defendants, shall be remitted to the Sedgwick County Forensic Science Center on a quarterly basis. Use of Funds. The restitution funds remitted to the Regional Forensic Science Center shall be utilized to fund at least one full-time Forensic Chemist; such chemist shall be assigned to the Criminalistics Section of the Forensic Laboratory. The primary duty of this Forensic Chemist shall be drug and alcohol identification on cases that are filed in the City of Wichita Municipal Court. Funds collected that exceed the amount necessary to fund this position shall be used to support the operational requirement of the Criminalistics Section of the Forensic Laboratory, in order that the ability to provide forensic services on City of Wichita Municipal Court cases are enhanced. Personnel. The County shall hire and train a qualified individual for the position of Forensic Chemist, who will be assigned to the Criminalistics Section of the Forensic Laboratory. The primary duty of this individual shall be drug and alcohol identification for cases filed through the Municipal Court of Wichita. Termination Any party to this agreement may terminate this agreement in writing at any time, upon thirty days of notice. Non-discrimination. During the performance of this Agreement the parties agree that they will not discriminate against any employee or service recipient because of race, color, religion, sex, age, disability, ancestry or national origin, and will comply with all Federal and state of Kansas antidiscrimination laws. IN WITNESS WHEREFORE, the parties hereto have executed this Agreement on the day and year first written above. The signatures below represent full understanding and acceptance of the terms of this memorandum of understanding. BOARD of COUNTY COMMISSIONERS Of SEDGWICK COUNTY, KANSAS _________________________ Chairman Approved as to form: _________________________ County Counselor THE CITY of WICHITA __________________________ Carlos Mayans, Mayor Approved as to form: _________________________ Gary Rebenstorf, City Attorney Director of Law Agenda Item No. 17 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0286 TO: Mayor and City Council Members SUBJECT: Access to Jobs Vendor Agreement INITIATED BY: Wichita Transit AGENDA: Consent Agenda Recommendation: Approve the Access to Jobs Vendor Agreement with ABC Taxi Cab Company, Inc. Background: The Access to Jobs program provides rides to and from work for low-income workers. Since the start of the program in October 2000, Access to Jobs has provided over 489,799 rides. By entering into a Vendor Agreement with ABC Taxi Cab Company, Inc. the program can provide over 12,400 more rides a year to low-income clients in a very cost effective manner. This is a contract renewal. Analysis: Part of the Access to Jobs grant from the Federal Transit Administration, is to provide half the cost of rides for low-income clients when they are trying to enter, or re-enter the work force. The other half of those expenses are borne by SRS. Financial Considerations: The Access to Jobs rides will be purchased with grants from FTA (50%) and Social and Rehabilitation Services, (50%). No city funds will be involved in the Access to Jobs ride to work program. Legal Consideration: Vendor Agreement was drafted by the Legal Department. Recommendations/Actions: It is recommended that the City Council approve the Access to Jobs Vendor Agreement and authorize the necessary signatures. Agenda Item No. 18 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0287 TO: Mayor and City Council Members SUBJECT: Access to Jobs Vendor Agreement INITIATED BY: Wichita Transit AGENDA: Consent Agenda Recommendation: Approve the Access to Jobs Vendor Agreement with the Breakthrough Club. Background: The Access to Jobs program provides rides to and from work for low-income workers. Since the start of the program in October 2000, Access to Jobs has provided over 489,799 rides. By entering into a Vendor Agreement with the Breakthrough Club, the program can provide over 4,200 more rides a year to low-income clients in a very cost effective manner. This is a contract renewal. Analysis: Part of the Access to Jobs grant is to provide half the cost of rides that non-profit agencies offer low-income clients when they are trying to enter, or re-enter the work force. The other half of those expenses are borne by the agency. Financial Considerations: The Access to Jobs rides will be purchased with grants from FTA (50%) and the Breakthrough Club (50%). No city funds will be involved in the Access to Jobs ride to work program. Legal Consideration: Vendor Agreement was drafted by the Legal Department. Recommendations/Actions: It is recommended that the City Council approve the Access to Jobs Vendor Agreement and authorize the necessary signatures. Agenda Item No. 19 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0288 TO: Mayor and City Council Members SUBJECT: Access to Jobs Vendor Agreement INITIATED BY: Wichita Transit AGENDA: Consent Agenda Recommendation: Approve the Access to Jobs Vendor Agreement with the Mental Health Association of South Central Kansas. Background: The Access to Jobs program provides rides to and from work for low-income workers. Since the start of the program in October 2000, Access to Jobs has provided over 489,799 rides. By entering into a Vendor Agreement with the Mental Health Association of South Central Kansas the program can provide over 1,800 more rides a year to low-income clients in a very cost effective manner. This is a contract renewal. Analysis: Part of the Access to Jobs grant is to provide half the cost of rides that non-profit agencies offer low-income clients when they are trying to enter, or re-enter the work force. The other half of those expenses are borne by the agency. Financial Considerations: The Access to Jobs rides will be purchased with grants from FTA (50%) and the Mental Health Association (50%). No city funds will be involved in the Access to Jobs ride to work program. Legal Consideration: Vendor Agreement was drafted by the Legal Department. Recommendations/Actions: It is recommended that the City Council approve the Access to Jobs Vendor Agreement and authorize the necessary signatures. Agenda Item No. 20 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0289 TO: Mayor and City Council Members SUBJECT: Repair or Removal of Dangerous & Unsafe Structures Council District I INITIATED BY: Office of Central Inspection AGENDA: Consent Recommendations: Adopt the resolutions. Background: On March 7, 2005 the Board of Code Standards (BCSA) held a hearing on the following seven (7) properties. These properties are considered dangerous and unsafe structures, and are being presented to schedule a condemnation hearing before the Governing Body. Analysis: 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. Property Address Council District a. 937 North Wabash I b. 1416 North Lorraine I c. 1432 North Lorraine I d. 1501 North Fountain I e. 1738 North Grove I f. 2427-29 East Shadybrook I g. 1848 North New York I Legal Considerations: 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. Recommendations/Actions: Adopt the attached resolutions to schedule a hearing and place these matters on the agenda for a Hearing before the Governing Body on May 17, 2005 at 9:30 a.m. or as soon thereafter. Agenda Item No. 21 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0290 TO: Mayor and City Council Members SUBJECT: Nuisance Abatement Assessments (All Districts) INITIATED BY: Department of Environmental Health AGENDA: Consent Recommendation: Approve the assessments and ordinance. Background: The Department of Environmental Health supports neighborhood maintenance and improvement through abatement of nuisances under Titles 7 and 8 of the City Code. State law and local ordinances allow the City to clean up or mow private property that is in violation of environmental standards after proper notification of the responsible party. A private contractor performs the work, and Environmental Health bills the cost to the property owner. Analysis: State law and city ordinance allow placement of the cleanup and mowing costs as a special property tax assessment if the property owner does not pay. Payment has not been received for the nuisance abatements in question, and Environmental Health is requesting permission for the Department of Finance to process the necessary special assessments. Financial Considerations: Nuisance abatement and mowing contractors are paid through budgeted appropriations from the City's General Fund. Placement of special assessments provides for reimbursement of these expenditures to the City. Nuisance abatements to be placed on special assessment total $56,156.52; weed mowing charges total $43,237.60 Legal Considerations: These assessments are in accordance with Chapter 7.40.050 and 7.40.060 of the City Code. Recommendation/Action: It is recommended that the City Council approve the proposed assessments and place the ordinance on first reading. Agenda Item No. 22 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0291 TO: Mayor and City Council SUBJECT: Abatement of Dangerous & Unsafe Structures (Districts I, III, IV, V & VI) INITIATED BY: Office of Central Inspection AGENDA: Consent Recommendation: Approve the assessments and ordinance. Background: The Office of Central Inspection (OCI) supports neighborhood maintenance and improvement through abatement of public nuisances under Titles 18 and 20 of the City Code. State law and local ordinances allow the City to demolish or secure private property that is in violation of Housing and Building Code standards, after proper notification of the responsible party/parties. A private contractor performs the work, and the Office of Central Inspection bills the cost to the property owner. Analysis: State law and City ordinance allow placement of the demolition and board-up costs as a special property tax assessment if the property owner does not pay. Payment has not been received for the nuisance abatements in question, and OCI is requesting permission for the Department of Finance to process the necessary special assessments. Financial Considerations: Statements of Charges will be mailed to the property owners on April 15, 2005. The property owners have 30 days from date of statement to pay their assessment and avoid paying interest. The interest added to the principal amount will be determined by the rate at which the January 2005 bonds sold. The principal and interest will then be spread for 1-year and placed on the 2005 tax roll. Legal Considerations: The assessments are in accordance with City Code 18.16.070, 18.16.080 and 18.16.090. Recommendations/Actions: It is recommended that the City Council approve the proposed assessments and place the ordinance on first reading. Agenda Item No. 23 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0292 TO: Mayor and City Council Members SUBJECT: Assistance to Firefighters Grant Program Grant Award (All Districts) INITIATED BY: Fire Department AGENDA: Consent Recommendation: Approve the grant award. Background: The FY 2004 Defense Authorization Act authorized the federal Department of Homeland Security, Federal Emergency Management Agency (FEMA), to make $750 million in grants available to fire departments. The programs and associated activities that were eligible for the 2004 grant programs were as follows: Operations and Firefighter Safety program; Fire Prevention Program and Firefighting Vehicle Acquisition Program. Applicants could only apply for one of the three programmatic areas, however within the selected programmatic area, applicants could apply for a number of activities. On April 20, 2004, the City Council approved the submission of a grant application in the amount of $635,053, including the required local match. Analysis: The City applied for $635,053 in grant funds for the fire operations and firefighter safety program category. On February 25, 2005 the Department of Homeland Security announced the award of the Assistance to Firefighters Grant for Fire Operations and Firefighter Safety Program to the Wichita Fire Department. This award will be used to purchase search and rescue equipment as well as provide training for collapse shoring, equipment use, search team operations, and Weapons of Mass Destruction training. Financial Considerations: The grant application was originally submitted for $635,053 and requested search and rescue equipment of $541,435 and training in the amount of $93,600. The U.S. Department of Homeland Security reduced the grant award to $588,175. The decrease in the grant funding was due to the reduction of thermal imaging devices. Funding was approved for only 3 thermal imaging devices instead of the original request of 5 thermal imaging devices. Because of the funding reduction, the total project cost is $588,175. The federal share was reduced from $444,543 to $411,722 and the City's matching funds from the General Fund account were reduced from $190,510 to $176,453. The City Council previously approved the local match. Legal Considerations: None Recommendation/Action: It is recommended that the City Council approve the FY 2004 Assistance Firefighters Grant award. Agenda Item No. 24 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0293 TO: Mayor and City Council SUBJECT: Kansas Safe Kids Cycle Smart Grant Application (All Districts) INITIATED BY: Park and Recreation Department AGENDA: Consent Recommendations: Approve the grant application. Background: Summer of Discovery is an 11-week summer recreation program offered at City recreation centers for youth ages 6-13. The program, which runs from June 1 to August 12, is filled with fun and educational activities designed to keep participants busy all summer. Program hours are 7:00 a.m. to 6:00 p.m. One of the scheduled activities is a bicycle clinic conducted by police officers from the Wichita Police Department. The officers teach proper bicycle riding techniques, safety, and rules of the road. Officers check the participants' bikes for safety, perform minor mechanical repairs and run the kids through an obstacle course. Analysis: The Park and Recreation Department is requesting authorization to apply for the Kansas SAFE KIDS Cycle Smart grant. The grant would provide up to 50 Bell Sports bicycle helmets to support the bicycle clinic offered at the Summer of Discovery recreation program. Consideration will be given to children who cannot afford bicycle safety equipment. Financial Considerations: The grant is an equipment grant with no grant funding provided. Legal Considerations: The Law Department has reviewed the application as to form. Recommendation/Actions: It is recommended that the City Council authorize the Park and Recreation Department to submit the grant application. Agenda Item No. 25 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0294 TO: Mayor and City Council SUBJECT: Southeast Water Booster Pump Station (District III) INITIATED BY: Water & Sewer Department AGENDA: Consent Recommendation: Approve the project expenditure. Background: Potential water pressure problems were identified in parts of southeast Wichita in the 1999 Water Master Plan. Those identified were in the southeast water distribution system, and in the future growth areas of southeast Sedgwick County as identified by the Metropolitan Area Planning Department (MAPD). Analysis: On April 8, 2003, City Council approved a Water Master Plan Update selecting Burns & McDonnell for the engineering firm. In the process of updating the water distribution water model and analyzing the water distribution system, including current growth predictions by MAPD, Burns & McDonnell recommended a new booster pump station facility. Their recommendation is to have the pump station located near the existing 20-inch water main in Harry between Woodlawn and Rock Road. They also recommend that the pump station be operational prior to peak water usage periods during the summer of 2006. Financial Considerations: The Southeast Water Booster Pump Station Facility is included in the 2005 approved Capital Improvement Program as CIP W-537. Total budget for the project is $3.62 million: $1.1 million in 2005 and $2.52 million in 2006. The project will be funded from Water Utility revenues and reserves, and/or a future revenue bond issue. Legal Considerations: The Law Department has approved the Resolution as to form. Recommendations/Actions: It is recommended that the City Council approve the expenditure, adopt the Resolution, and authorize the necessary signatures. Agenda Item No. 26 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0295 TO: Mayor and City Council Members SUBJECT: Amending Resolution and Supplemental Construction Agreements: Arkansas River Corridor Improvement Project (District VI) INITIATED BY: Department of Public Works AGENDA: Consent Recommendation: Approve the amending Resolution and Supplemental Construction Engineering and Architectural Agreements. Background: On December 30, 2003 the City Council approved a project for improvements in the Arkansas River Corridor. At that time, it was expected that Federal Grants in the amount of $2,000,000 would be available to fund part of the project cost. It has since been determined that the amount of Federal Grants available is $2,798,214. An amending Resolution has been prepared to incorporate the increase into the project budget. In addition, supplement agreements with Law/Kingdom, Inc, and HNTB Corporation, project designers, have been prepared for construction administration and inspection services. Analysis: The project extends from the First and Second Street Bridges to the Central (Little Arkansas River) and Seneca (Arkansas River) Bridges. It includes a portion of the south bank to the west of Exploration Place, construction of two pedestrian bridges and improvements to the Keeper of the Plains monument. Financial Considerations: The project budget approved by the City Council on December 30, 2003 is $27,000,000 with $25,000,000 paid by the City and $2,000,000 paid by Federal Grants. The revised budget is $27,798,241 with $25,000,000 paid by the City and $2,798,214 paid by Federal Grants. The funding source for the City share is General Obligation Bonds. The construction engineering and architectural fees are $316,860 for Law/Kingdom and $783,934 for HNTB. Legal Considerations: The Law Department has approved the amending Resolution and Supplemental Construction agreements as to legal form. Recommendation/Action: It is recommended that the City Council adopt the amending Resolution, approve the Supplemental Construction Agreements and authorize the signing of State/Federal agreements as required. Agenda Item No. 27 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0296 TO: Mayor and Members of the City Council SUBJECT: Consolidated Plan-2005/2006 One-Year Action Plan INITIATED BY: Department of Housing and Community Services AGENDA: Consent Recommendation: Authorize comment period for the One-Year Action Plan. Background: On March 8, 2005, the City Council approved funding allocations for the 2005/2006 Consolidated Plan. The preliminary One-Year Action Plan includes Community Development Block Grant (CDBG) funding allocations, HOME Investment Partnership funds (HOME), and Emergency Shelter Grant (ESG) funds. To receive these federal funding allocations, HUD requires cities to prepare a One-Year Action Plan listing of eligible projects and services to be undertaken, their location and proposed activities. The proposed One-Year Action Plan must be submitted for public comment prior to final adoption by the City Council. Analysis: The City's preliminary 2005/2006 One-Year Action Plan lists the federal resources available from the CDBG, HOME and ESG programs to address priority needs (as adopted by the City Council). The One-Year Action Plan provides a description of the activities approved and the location of the activities to be undertaken during the fiscal year. The 2005/2006 One-Year Action Plan covers the period beginning July 1, 2005 and ending June 30, 2006. Financial Considerations: The 2005/2006 One-Year Action Plan totals $6,093,711 and is comprised of grant funds in the amount of $5,301,229, prior year program income of $577,482 and estimated income (primarily from revolving funds such as Historic Loans) of $215,000. Legal Considerations: The City has met all federal requirements to proceed with issuance of a preliminary One-Year Action Plan. A thirty-day public comment period is required, beginning April 6, 2005 and ending on May 5, 2005. Recommendation: It is recommended that the City Council authorize implementation of the public comment period for the proposed 2005/2006 One-Year Action Plan as an amendment to the City's 2004/2008 Consolidated Plan. Agenda Item No. 28 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0297 TO: Mayor and City Council SUBJECT: EPA Earth Day Grant Application INITIATED BY: Department of Environmental Services AGENDA: Consent Recommendations: Approve the grant application and acceptance of the award, if approved. Background: The Environmental Services has participated throughout the years and provided a number of different programs at Boeing's Earth Day Kansas, now held at the Sedgwick County Zoo. This has been an excellent opportunity to inform citizens about water conservation, pollution, and much more. This year's event targets grades third through fifth. Children will be given on-the-spot education that promotes environmental awareness and stewardship in the community. Analysis: Environmental Services requests authorization to apply for an EPA Earth Day Grant to be used as a hands-on environmental exhibit for the Boeing's Earth Day Kansas celebration at the Sedgwick County Zoo on April 21, 2005. The proposed project, "Rollin' On The Arkansas River", will be a demonstration of every day life on the Arkansas River, explaining the impact individual citizens have on the surface water. Exhibit visitors will participate by portraying a water droplet in the Arkansas River as it proceeds through the water cycle. The exhibit will simulate this journey via a tunnel and/or canopy design. The exhibit will show what happens as water droplets are detoured through farmland and municipalities and become impacted by society. The exhibit will be portable and after Earth Day, the exhibit will be used as a year around feature at the City's Wichita Area Treatment, Education, and Remediation (WATER) Center. The grant application deadline was March 18, 2005. Under authority of City of Wichita Administrative Regulation No. 61, the City Manager is authorized to submit the grant application where delay would invalidate the grant application. Financial Considerations: Environmental Services is requesting EPA Earth Day Grant Funding of $2,500. The grant does not require matching funds from the City. Legal Considerations: The Law Department has reviewed the application as to form. Recommendation/Action: It is recommended the City Council approve the grant application and acceptance of the grant if awarded, and authorize the necessary signatures. Agenda Item No. 29 City of Wichita City Council Meeting April 5 2005 Agenda Report No. 05-0298 TO: Mayor and City Council SUBJECT: Environmental Use Control (EUC) Application and Requirements for Historic Mid-town Bike Path INITIATED BY: Department of Environmental Services Metropolitan Area Planning Department AGENDA: Consent Recommendations: Approve the application for environmental use controls for the Historic Midtown Bike Path and authorize the necessary signatures. Background: The City has allocated Community Development Block Grant (CDBG) funds to be used for the acquisition of certain key segments of land associated with the development of the Historic Midtown Bike Path. The pathway will extend along portions of the abandoned UP rail right-of-way between Central and 15th Street. The actual design and construction of this project is being funded by a federal transportation enhancement grant awarded to the City in 2004. . A condition of using federal CDBG funds is the completion of a HUD environmental review. Assessments of the proposed pathway have detected groundwater contamination from petroleum and the North Industrial Corridor (NIC) plume. Portions of the former railroad corridor were also found to have surface soils containing detectable levels of heavy metals from the rock ballast used for the railroad bed. Once the City and Kansas Department of Health and Environment (KDHE) have agreed on a method of mitigating the contamination, then the review can be completed and HUD can approve use of the grant. Analysis: Environmental Services has been working with KDHE to mitigate the contamination and reduce potential public health risks. KDHE has agreed that the City may address the groundwater issues under the current NIC agreement. The City proposes to apply for an Environmental Use Control (EUC) for the soil concerns. EUCs are KDHE administrative controls that allow applicants to use specific methods to leave the contamination in place rather than remove it. EUCs can only be applied to those sites where the contamination can be contained (does not move), is low in toxicity, and the methods are approved by KDHE. The City has proposed to construct the bike path in such a manner that the surface will be covered and protected with soil and pavement. KDHE has indicated that it will approve the EUC application if the City agrees substantially as follows: 1) Restricts by deed or other EUC mechanism for excavation and construction activities. 2) Funding to the EUC program under KDHE is statutorily established and requires the City to provide a one-time payment of $4,900 to KDHE. Additionally, there will likely be some miscellaneous administrative filing fees. The City will perform annual inspections and repairs as necessary, and KDHE-EUC will inspect once every five years. 3) If construction of the bike path requires removal of soils, this material must be sampled and analyzed for contaminants, and disposed of accordingly. Legal Considerations: The Law Department will review as to form and approve the language of any agreements or use restrictions required for the property under the application. Financial Considerations: HUD officials have advised the City that the $4,900 payment to KDHE and miscellaneous filing fees for the EUC action is an allocable cost to the CDBG grant associated with this bike trail. Maintenance of the bike path, once completed, will be part of the City's normal public land maintenance program. Recommendation/Actions: It is recommended that the City Council approve the proposed application to KDHE for application of EUC controls on the Historic Midtown Bike Path, authorize the City Manager to sign the necessary documents, and approve payment of up to $4,900 in fees to KDHE. Agenda Item No. 30 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0299 TO: Mayor and Members of the City Council SUBJECT: KDHE Watershed Restoration And Protection Strategy (WRAPS) Grant Application INITIATED BY: Environmental Services AGENDA: Consent Recommendation: Approve the multi-phase grant application and acceptance of the grant award, if received. Background: The Kansas Department of Health and Environment (KDHE) has initiated a program for the development and implementation of Watershed Restoration and Protection Strategies (WRAPS), and is making grant funding available for these efforts. Program elements include identification and assembly of stakeholders, assessment of needs and opportunities, development of goals, and implementation of cost effective strategies relative to watershed restoration and protection. The condition of the Arkansas River, and its supporting watershed, has long been a priority for the City of Wichita. Recent milestones in the City's watershed protection and restoration efforts include the 2000 Arkansas River Symposium, formation of Arkansas River technical and advisory committees in 2001, an in-depth water quality study of point and non-point pollution sources in 2002, and ongoing efforts of maintenance of sewer and stormwater infrastructure. The recently completed Visioneering Plan for Wichita included the goal of "cleaning up the Arkansas River" as part of the Quality of Life strategies. Analysis: Protection and improvement of the Arkansas river supports economic, recreational, and aesthetic development initiatives in the City's core. The availability of KDHE WRAP funding will enhance current and future efforts by the City and its partners in these areas. Utilizing the WRAPS process, the City will refine existing Arkansas River information and education efforts to identify and involve stakeholders, assess needs and opportunities, develop goals, and implement effective strategies. Environmental Services (ES) staff have prepared a preliminary grant application for funding of the development phase of the WRAPS process. Funding applications for the assessment, planning, and implementation phases will be submitted sequentially, according to KDHE requirements. Utilizing WRAPS funding, Environmental Services will hire a full-time WRAPS Coordinator to recruit and survey stakeholders, organize a watershed leadership team, implement educational efforts, and disseminate information to related Arkansas River interest groups. The coordinator will also perform the reporting associated with the WRAPS grant, including making application for each successive step in the WRAPS program. The WRAPS grant will also fund materials and services to support the program. The grant application deadline was April 1, 2005. Under authority of City of Wichita Administrative Regulation No. 61, the City Manager is authorized to submit the grant application where delay would invalidate the grant application. Financial Considerations: The City is requesting an amount not to exceed $100,000. The grant requires a minimum 40% cash or in-kind match. The City has proposed an in-kind match of $60,000 grantbased on staff time contributed by three departments, Environmental Services, Water and Sewer, and Public Works, for various activities dealing with Arkansas River issues. Legal Considerations: The Department of Law has approved the grant application as to form. Recommendation/Action: Approve grant application and authorize the necessary signatures; accept the grant award, if received. Agenda Item No. 31 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0300 TO: Mayor and City Council SUBJECT: Extension of Letter of Intent for Industrial Revenue Bonds (Ethanol Products, LLC) (District II) INITIATED BY: City Manager's Office AGENDA: Consent Recommendation: Approve the extension. Background: On May 18, 2004, the City Council approved a one-year Letter of Intent to issue Industrial Revenue Bonds in an amount not-to-exceed $2,000,000 to Ethanol Products, LLC. Bond proceeds will be used to finance the cost of acquiring, constructing and equipping a company headquarters facility. The company is requesting an extension of the Letter of Intent until December 31, 2005. Analysis: The construction of the new Ethanol Products headquarters facility is nearly complete; however, it does not appear that it will be finalized and the cost and expenses associated with the project will be finalized prior to the date the Letter of Intent expires. Financial Considerations: There is no financial impact on the City resulting from the requested extension. Legal Considerations: Bond documents required for the issuance of bonds will be prepared by bond counsel. The City Attorney's office will review and approve the form of bond documents prior to the issuance of any bonds. The Letter of Intent extension will fall under the new Economic Development Incentive Policy. Under the new policy, the project is eligible for IRBs and sales and property tax exemption since it will be constructing a new corporate headquarters. Recommendations/Actions: It is recommended that the City Council approve the extension of the Letter of Intent to Ethanol Products for Industrial Revenue Bonds in an amount not-to-exceed $2,000,000 for a period ending December 31, 2005. Agenda Item No. 33 REVISED ORIGINAL DATE: 03/22/05 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0301 TO: Mayor and City Council Members SUBJECT: Northwest Bypass (District V) INITIATED BY: Department of Public Works AGENDA: Unfinished Business Recommendation: Approve the right-of-way acquisition project. Background: On March 22, 2005 the City Council deferred action to fund right-of-way acquisition for the Northwest Bypass in order to receive additional information. The State Comprehensive Transportation Program adopted in 1999 includes a System Enhancement Program that funds city and county highway projects. On November 23, 1999 the City Council approved a joint Wichita/Sedgwick County application for the Northwest Bypass (a copy of the application is attached). Its purpose is to provide local funding for early acquisition of right-of-way to preserve the corridor from private development. The application was approved by the Kansas Department of Transportation (KDOT) and on August 7, 2001 the City Council approved a City/County/State agreement that provides that the City and County will each contribute $1,500,000 for right-of-way acquisition (a copy of the agreement is attached). The project is a part of the 2030 Transportation Plan for the Wichita Sedgwick County Metropolitan Area. Funding for the City's right-of-way contribution has been included in the 2002-2011 and 2004-2013 Capital Improvement Programs adopted by the City Council a map showing the approximate project corridor location is attached. Analysis: The northwest quadrant of the Wichita metropolitan area is and will continue to experience rapid growth. The City's new sewage treatment facility in this vicinity is evidence of increasing development in this area. The construction of a freeway will accommodate growth and development in this quadrant of the community. Additionally, a new bypass will improve access to business and residential development served by US 54 and K-96, further increasing economic development opportunities. Financial Considerations: The City's share of the right-of-way cost is $1,500,000. The funding source is General Obligation Bonds. Sedgwick County is also contributing $1,500,000 for right-of-way acquisition. The Kansas Department of Transportation will pay all right-of-way costs over $3,000,000. Legal Considerations: In accordance with the terms of the City/County/State agreement, KDOT staff is acquiring right-of-way in the Northwest Bypass. The approval of this phase of the project is consistent with the prior applications and agreements with the State of Kansas and Sedgwick County. Recommendation/Action: It is recommended that the City Council approve the right-of-way acquisition project, place the Ordinance on first reading and authorize the signing of State/Federal agreements as required. Agenda Item No. 33a CITY OF WICHITA City Council Meeting April 5, 2005 Agenda Report No. 05-0323 TO: Mayor and City Council Members SUBJECT: Ordinance Amendments Pertaining to Amusement Parks and Rides and Section 7.41.010 Pertaining to Noise INITIATED BY: City Council AGENDA: Unfinished Business Recommendation: Declare an emergency regarding Section 7.41.010 pertaining to noise and adopt all above-subject ordinances. Background: The City Council conducted two workshops regarding the regulation of amusement park rides and directed the City Attorney to prepare an ordinance to address safety and licensing concerns. The amusement park ordinances were placed on first reading on February 8, 2005. Prior to the ordinances being placed on second reading, they were taken off the agenda so that staff could meet with interested parties regarding concerns with the proposed amendments. Staff met with the parties on March 3, 2005. The proposed revised amendments address the parties' concerns. Analysis: Licensing Fees: Licensing fees are amended so that owners of twenty or more portable amusement park devices pay the same licensing fee of $600.00 as a permanent amusement park. Devises will be licensed and inspected once a year (rather than bi-annually) prior to the start of the operating season (May 1st). Insurance Requirements: Insurance requirements are amended to more adequately address the types of companies, which issue these types of policies. The minimum one million dollar ($1,000,000) policy limit remains in effect. Inspection Requirements: Inspection requirements were amended to require that inspections be performed by industry or state recognized inspections, such as NAARSO or AIMS. This was to insure adequate inspections of the rides occurred prior to licensing. It is noted that many rides, especially inflatables, will not be in compliance with Federal Standards regarding the manufacturing of such devices due to requirements regarding flammability. A net result could be that many devices could not be licensed or operated within the City of Wichita. Noise and Hours of Operation: Vendors requested certain exceptions to the noise ordinances and hours of operation for all night school sanctioned events. Staff did not feel comfortable, due to neighborhood concerns, proposing ordinances, which would allow all-night outdoor activities. Currently, amusement parks must have music stopped at ten-thirty p.m. Sunday through Thursday and midnight on Friday & Saturday, These times are consistent with other City ordinances. (Section 3.28.050 regulating outside dances; 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday.) As a compromise, the proposed amendments would allow for activities confined completely indoors to be exempted from the music and closing provisions. Lastly, operators requested an exception from the noise ordinance if noise decibel readings did not exceed those set forth in 7.40.030. Rather than the exception requested, staff is recommending an amendment to the noise ordinance, which makes a valid decibel reading a defense to any criminal complaint made regarding excessive noise. An emergency should be declared so that all amendments relating to amusement parks and rides are effective on the same date. Financial Considerations: License fees are established at $600.00 per year for amusement parks and vendors of portable amusement equipment who rent more than twenty portable riding devices a year. Fees are $30.00 per device for individual portable amusement ride devises. Legal Considerations: The amendments have been prepared and approved as to form by the Law Department. Recommendations/Actions: Declare an emergency regarding Section 7.41.010 pertaining to noise and adopt all above-subject ordinances. Agenda Item No. 34 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0302 TO: Mayor and City Council SUBJECT: Consultant Selection for Study of Exempt and Management Pay Plans INITIATED BY: Human Resources AGENDA: Unfinished Business Recommendation: Approve the selection of the consultant and authorize finalizing an agreement and commencement of the study. Background: During 2004, the City Manager's Office, Human Resources, and the Budget Office studied the possibility of conducting a complete study of the Exempt and Management Pay Plans to ensure that current classifications are accurate before moving further with any other pay plan development, such as broad banding and/or performance management. The last complete study of the positions in these plans was in 1993. Staff prepared an Agenda Report for the September 21, 2004, Council meeting for revisions to the Salary Ordinance that included the pilot project for broad banding the Management Pay Plan. This was deferred for a Workshop. Staff made a presentation at a Council Workshop on October 26, 2004, for broad banding only the Management Pay Plan, which resulted in the recommendation by Council to select a consultant through the Request for Proposal process to perform a full study of the Management and Exempt positions. Analysis: The Request for Proposal, "Consulting Services for Compensation Pay Plan," was issued on December 17, 2004. Eight formal proposals were received by the January 21, 2005, deadline. After reviewing the proposals, the Staff Screening and Selection Committee met on February 3, 2005, to select the firms to interview. Four of the firms were invited for formal presentations and interviews on February 22, 2005. Committee members completed rating forms for the firms that resulted in the unanimous selection of Fox Lawson & Associates as the qualified vendor. Although many of the firms offered quality proposals, the committee agreed that Fox Lawson best matched the requirements of the project. The proposal includes the following components: (1) project planning and administration; (2) classification and job level study of all positions in the affected pay plans (approximately 140 classifications covering just over 400 employees); (3) development and revisions of job descriptions as indicated by the study; (4) compensation market study of these positions; (5) recommendations for new or revised pay plans as indicated by all information collected; (6) development of a performance management/ appraisal system on which to base advancement within the pay ranges; and (7) training of affected supervisors managers and employees in the new system. The consultant may or may not recommend major changes, depending on the consultant's findings about the best practices the City should undertake as a result of the project. Financial Considerations: The proposed fee to complete all services for this project is $112,000, to be funded from the 2005 General Funds - Contingency. Legal Considerations: The Law Department will review and approve the contract as to form. Recommendations/Actions: It is recommended that the City Council approve the selection of Fox Lawson & Associates as the consultant, authorize the contract and the necessary signatures, and authorize the budget adjustment necessary to secure funding for this project. Agenda Item No. 35 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0303 TO: Mayor and City Council SUBJECT: 21st Street, Youth & Family Empowerment Zone (District I) INITIATED BY: Metropolitan Area Planning Department AGENDA: Unfinished Business Recommendations: The City Council should support the creation of a Youth & Family Empowerment Zone and enter into negotiations for a long-term lease with the Boys & Girls Club of South Central Kansas and The Opportunity Project (TOP) for new facilities on the former Logopedics Institute site near 21st Street North and Grove. Background: A consortium of community leaders, calling themselves the 21st Street Committee for Progress, has committed itself to helping the Boys & Girls Club of Wichita to raise the capital for a new facility to replace the current building located at 21st Street North and Grove. They have asked the City to provide a site for the new facility on the former Logopedics Institute site, just north of 21st Street. This City-owned property of approximately 16 acres has been substantially cleared of existing buildings. Cessna maintains two buildings fronting along 21st Street for training and child-care. During two public meetings held to solicit community input on this proposed use of this property, other service providers expressed interest in being located here, leading to the idea of creating a Youth & Family Empowerment Zone. TOP, in particular, has shown interest in also building a new facility on the property and has the financial resources to carry out its plan. The Committee presented a concept plan for the Zone to the City Council at its March 22, 2005 Workshop. The purpose of this agenda item is to allow the City Council to take formal action on the information presented to it on that date. The support of the City Council for this proposal will enable the Boys & Girls Club to begin its fund-raising campaign. The Boys & Girls Club and TOP are seeking a long-term lease at a nominal rate (one dollar per year) and are asking the City to consider doing the necessary site preparation work for their proposed new buildings. The exact terms of the lease, the City's role and the City's obligations must be negotiated with these entities. Staff believes that those negotiations should be undertaken. Analysis: This proposal will further the goals and strategies outlined in the 21st Street North Corridor Revitalization Plan. Based on two well-attended public meetings and other indicators, it appears to have broad community support. It represents a unique opportunity for the City to leverage the commitment of a dedicated group of citizens to provide services in an area where they are needed and to improve an important community asset. Financial Considerations: The 21st Street Committee for Progress has publicly committed itself to raise the capital needed to construct a new Boys & Girls Club on the site. TOP has pledged to provide the capital needed for its new facility at this location. The City's financial responsibility could be to provide construction-ready sites at building pad grade and the streets, sewer and water and drainage facilities needed to service the building sites. Cost estimates have not been done yet for this work. Staff will negotiate with these groups to determine the exact extent of the City's involvement and future obligations and will bring that agreement back to the City Council for its approval at a future date. Legal Considerations: A lease and a financial agreement will be drafted that implements the intent of the City Council. In conjunction with these agreements will be a financial plan to support the City's involvement. Recommendation/Actions: It is recommended that the City Council 1) support the creation of a Youth & Family Empowerment Zone and enter into negotiations for a long-term lease at a nominal fee with the Boys & Girls Club of Wichita and TOP for new facilities on the former Logopedics Institute site; 2) direct staff to negotiate the lease(s) and the financial obligations of the City to implement the Youth & Family Empowerment Zone; and 3) review and take appropriate action regarding those agreements at a future date. Agenda Item No. 36 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0304 TO: Mayor and City Council SUBJECT: Wichita Wranglers Report to City Council INITIATED BY: City Manager's Office AGENDA: New Business Recommendation: Receive and file report. Background: The Wichita Wranglers are the AA affiliate for the Kansas City Royals. They are the only team in the State of Kansas that participates in affiliated Minor League Baseball. They are part of the Eastern Division of the Texas League along with the Springfield Cardinals, the Tulsa Drillers, and the Arkansas Travelers. The Western Division of the Texas League consists of the Corpus Christi Hooks, the Frisco RoughRiders, the San Antonio Missions, and the Midland Rockhounds. The Wichita Wranglers are owned and operated by Rich Products Corporation of Buffalo, New York. Rich Products also owns the Buffalo Bisons and the Jamestown Jammers Minor League Baseball Teams. The Wichita Wranglers call Lawrence Dumont Stadium home. The stadium was built in 1934 for the National Baseball Congress World Series, which still exists today. Lawrence Dumont Stadium is currently the eighth oldest park being used in professional baseball. Analysis: The Wichita Wranglers have had recent success and this is an opportunity to hear of how improvements and City investments have made the organization grow. Last season, the Wranglers achieved a third consecutive season of increased attendance. The addition of head coach Frank White, former Kansas City Royals player, and member of the Royals Hall of Fame, has increased the awareness of the Major League ties to Minor League Baseball. This year, hopes are that attendance will continue to increase with highlights such as the All-American Festival during the Fourth of July weekend that includes a 20th anniversary celebration of the KC Royals World Championship win and Celebrate 2005; the ever-popular NBC Tournament as well as other events planned throughout the season. The Wranglers continue to be a nominal price that makes this a fantastic option for families to bring the kids for entertainment. Also, the Wranglers have re-designed their look in 2005 to reflect the rich history and culture of Wichita. Wichitans should be encouraged to grow their support of this fantastic asset for this community and take every opportunity to enjoy great baseball and wholesome family entertainment. Financial Considerations: None. Legal Considerations: None. Recommendations/Actions: Receive and file report. Agenda Item No. 37 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0305 TO: Mayor and City Council SUBJECT: Public Hearing and Issuance of Industrial Revenue Bonds (Cap Carpet, Inc.) (District V) INITIATED BY: City Manager's Office AGENDA: New Business Recommendation: Close the public hearing and place the Ordinance on first reading. Background: On November 16, 2004, City Council approved a Letter of Intent to issue IRBs in the amount of $4,000,000, and approved a 90% five-plus-five-year property tax exemption on real property improvements and personal property purchased with bond proceeds, based on job creation and capital investment to Ridge Plaza Ventures, L.L.C. (Ridge Plaza). Bond proceeds will be used to finance the cost of acquiring, constructing and equipping a new corporate headquarters building and distribution center to be leased to Ridge Plaza Ventures, L.L.C. and subleased to CAP Carpet, Inc. (the "Company"). The new facility will be located in the area of west Taft near Kellogg & Ridge Road in southwest Wichita. The Company is requesting the issuance of Industrial Revenue Bonds in the amount not-to-exceed $4,000,000. Analysis: Ridge Plaza is a related real estate holding company of CAP Carpet. CAP Carpet is a leading worldwide supplier of carpet, fabric, leather and utility flooring to the aircraft industry. CAP Carpet also markets product both on a wholesale and retail basis through various locations in the Upper Midwest. CAP Carpet's headquarters is located in Wichita and the Company has been in business since 1968. CAP Carpet originally started out as a retail enterprise, but in the past ten years has been expanding its wholesale flooring business with sites opened in Urbandale, IA, LaVista, NE, and Lee's Summit, MO. CAP Carpet imports products from Europe and Asia to its Wichita warehouses as well as making stock purchases for distribution to its various sites. The Aircraft Interior Products division with CAP Carpet is a supplier to local aircraft companies. The Company also ships product throughout the U.S. CAP Carpet also has commercial sites in Wichita and Topeka. It has five retail/outlet sites in Wichita and Topeka while marketing under the names of Carpet One, Stone Mountain and Big Bob's. The Company is affiliated with a co-op group named Carpet Cooperative of America (CCA Global), which provides consolidated purchasing, marketing and administrative support. CAP Carpet expansion project includes a new 52,135 s.f. distribution center and corporate headquarters located in the area of west Taft near Kellogg & Ridge Road in southwest Wichita. CAP Carpet currently employs 50 people and plans to add 37 new jobs over a five-year period, at an average wage of $42,066 per year. An analysis of the uses of project funds is: Acquisition of Land $ 400,000 Building and Site Improvements 3,100,000 Furniture, Fixtures and Equipment 450,000 Costs of Issuance 25,000 Miscellaneous 25,000 Total Cost of Project: $4,000,000 The firm Hinkle Elkouri L.L.C. serves as bond counsel in the transaction. The Company plans to privately place the bonds with a financial institution with which it has an established banking relationship. The Company has complied with the City's requirements contained in the Standard Letter of Intent Conditions. The cost/benefit analysis based on the fiscal and economic impact model of the Wichita State University's Center for Economic Development and Business Research reflects cost/benefit ratios as follows: City 1.60 to one County 2.55 to one USD 259 1.63 to one State 9.75 to one Financial Considerations: The Company agrees to pay all costs of issuing the bonds and the City's $2,500 annual IRB administrative fee for the term of the bonds. Under the City's new Business Incentive Policy, the Company qualifies for a 90% five-plus-five-year tax exemption on property purchased with bond proceeds, based on job creation and capital investment. The estimated first year's taxes on Ridge Plaza's proposed $4,000,000 expansion would be $76,700, on real property improvements and $10,955 on personal property, based on the 2003 mill levy. Using the allowable tax exemption of 90 percent, the City would be exempting (for the first year) $87,655 of new taxes from the real and personal property tax rolls. The tax exemption would be shared among the taxing entities as follows: City - $24,612; County/State - $23,387; and USD 259 - $39,656. Legal Considerations: Bond documents needed for the issuance of bonds have been 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. The City's IRB policy resolution requires IRB tenants to provide audited financial statements, unless the IRBs have been purchased by a financial institution with a pre-existing banking relationship to the tenant company. In this case, it is the subtenant, CAP Carpet, Inc., that has the banking relationship with the bond purchaser. Since CAP Carpet is the true obligor in the transaction, Law Department staff believes this arrangement conforms to the intent of the policy. Recommendations/Actions: It is recommended that the City Council close the public hearing and approve first reading of the Bond Ordinance authorizing the execution and delivery of documents for the issuance of Industrial Revenue Bonds in an amount not-to-exceed $4,000,000, and authorize the necessary signatures. Agenda Item No. 38 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0306 TO: Mayor and City Council SUBJECT: Public Hearing and Tax Exemption Request (Excel Manufacturing, Inc.) (District IV) INITIATED BY: Finance Department AGENDA: New Business Recommendation: Close the public hearing and approve first reading of the ordinance and tax exemption request. Background: On January 15, 2002, City Council approved a five-plus-five year 100% Economic Development tax exemption to Excel Manufacturing, Inc. for an expansion project that resulted in the construction of a building addition and acquisition of new machinery and equipment. In 2004, City Council also approved an 83% property tax exemption on personal property for a five-year term. Excel Manufacturing located at 3258 S. Hoover Road in southwest Wichita, was locally formed in 1971. Since its establishment, Excel Manufacturing, Inc. has maintained consistent growth in its manufacturing of parts for the aerospace industry. Excel Manufacturing recently expanded its manufacturing capacity, again through acquisition of new machinery and equipment. Based on a letter of intent, Excel Manufacturing is now requesting approval of an Economic Development Tax Exemption on the newly acquired manufacturing equipment in connection with the expansion project. Analysis: Excel Manufacturing, Inc., is a precision manufacturer of high quality machining, fabricated components and assemblies for aerospace and commercial industries. Excel specializes in 3, 4, and 5 axis machining of complex parts. Their high-speed machining centers have capabilities of up to 25,000 rpm of spindle speed. Excel is well known for its machining of detail parts such as bulkheads, wing ribs, floor sections and large monolithic parts. In 1985, Excel began an aggressive move into the development of advanced metal cutting capability, utilizing features such as measuring probes and palletized machining. Excel is a leader of aircraft components and parts with thin walls and cross sections. At Excel, these parts are machined from one piece rather than the conventional metal assemblies. Excel also has sheet metal and assembly capabilities to enhance their presence in the aerospace market. Excel exports its products out of the State of Kansas via customers such as Boeing, Cessna, Raytheon, Bombardier, Sikorsky and AeroFlex. Excel currently employs 97 employees. As a result of the expansion project, Excel will create 37 new jobs over the next five years, at an average annual salary of $38,821. The City's Economic Development Incentive Policy requires eligible businesses to pay wages that exceed the lower of the average wage for the Company's type of business or the average of all wages in the Wichita MSA, excluding transportation equipment manufacturing. Excel Manufacturing meets this threshold. The expansion project is itemized in Exhibit I attached hereto. Under the Economic Development Incentive Policy, Excel is eligible for the following property tax abatement: TAX EXEMPTION ELIGIBILITY ELIGIBLE % INCENTIVE EXPLANATION 65.0% New Job Creation: Excel will create at least 37 new jobs. 35.0% Capital Improvements: Excel will invest at least $3,402,095. 100.0% Sub Total Business - Incentive Eligibility (Maximum allowed is 100%) 00.0% Location Premium: Excel is not located in the central redevelopment area. 100.0% TOTAL EXEMPTION ALLOWED UNDER ECONOMIC DEVELOPMENT INCENTIVE POLICY Under the Economic Development Incentive Policy, Excel Manufacturing, Inc., is eligible for a 100% tax exemption on new personal property for a five-year term. Financial Considerations: The estimated first year taxes on the proposed $3,402,095 expansion would be $82,648 on personal property, based on the 2004 mill levy. Using the allowable tax exemption of 100 percent, the City would be exempting (for the first year) $82,648 of new taxes from the personal property tax rolls. The tax exemption will be shared among the taxing entities as follows: City - $23,199; County/State - $22,058; and USD 261 - $37,389. Wichita State University Center for Economic Development and Business Research calculated a cost-benefit analysis indicating benefit-to-cost ratios, which are as follow: City of Wichita 3.35 to one Sedgwick County 1.69 to one USD 261 1.18 to one State of Kansas 6.55 to one Legal Considerations: The City Attorney's Office has approved the Ordinance as to form. A notice of public hearing has been published. Recommendations/Actions: It is recommended that City Council close the public hearing, and approve first reading of the Ordinance, granting a 100% tax exemption on the identified personal property improvements for a five year term, and authorize the Mayor to sign. Excel Manufacturing, Inc. Exhibit I Equipment Purchases: J-Bolt Assy Tool $1,193 Makino MAG3 #2 866,667 Makino MAG3 #6 866,667 MAG3 Tooling 22,141 MAG3 MMC 867,675 MAG# Spindle for #1 38,900 MAG3 Freight 30,743 MAG3 Installation 11,825 Chip Hoppers for MAG3 1,360 Dixie Choppers 5,527 Mazak H500 66,241 Air Compressor 27,744 Shelving 3,339 Ice Maker 1,893 Shelving 1,340 Digital Crane Scale 1,562 Mazak 680 Spindle Replacement 9,963 Tombstone Tooling Fixtures 24,325 Set Mori-Seiki NV4000 2,643 Phone System Hardware 3,082 Mori-Seiki NV4000 124,307 3 Self Dumping Hoppers 2,017 Mori-Seiki NV4000 DCG 128,377 Mori-Seiki NV4000 DCG SN 193 162,767 Set-up costs for Mori-Seikis 3,525 Self Dumping Hopper 1,215 Employee Lockers 750 Mori-Seiki NV4000 DCG 124,307 _________ Total Expansion Project $ 3,402,095 Agenda Item No. 39 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0307 TO: Mayor and City Council SUBJECT: Public Hearing and Tax Exemption Request (Sharpline Converting, Inc.)(District V) INITIATED BY: City Manager's Office AGENDA: New Business RECOMMENDATION: Close the Public Hearing, approve first reading of the Ordinance and tax exemption request. BACKGROUND: Sharpline Converting, Inc. at 1520 S. Tyler in southwest Wichita, was locally formed in 1976. Sharpline Converting designs, develops, markets and manufactures graphic image products. As a result of consistent growth in sales, the company has expanded its manufacturing capacity to include construction of a 30,000 square foot building addition and the purchase of machinery and equipment, for a total project cost of $1,932,987. Prior to undertaking this expansion, the Company notified the City of its intent to request an Economic Development Exemption (EDX) on additional manufacturing space and new equipment. ANALYSIS: Sharpline Converting has a very large and diversified product mix. The products range from automotive aftermarket to custom graphics for Original Equipment Manufacturers (OEM) customers. The custom graphics are the largest part of Sharpline's business. These products include graphics for recreational vehicles, boats, aircrafts, and sporting goods. The automotive aftermarket is also a large part of the Company's business. These products include both graphics and roll striping and these are done for over 1,200 customers. The Company has also ventured into three dimensional graphics and have recently filed a patent on a revolutionary 3D Badging process that will give Sharpline a competitive edge in the 3D market. Sharpline Converting currently employs 284 employees. The expansion project includes construction of a 30,000 s.f. addition and purchasing new equipment. As a result of the expansion project, Sharpline Converting will create 56 new jobs over the next five years, at an average annual salary of $30,700. The City's Economic Development Incentive Policy requires businesses to pay salaries that exceed the lower of the average wage for the Company's type of business or the average of all wages in the Wichita MSA excluding transportation equipment manufacturing. Sharpline Converting meets this threshold. Sharpline Converting exports 97% of all production out of the state of Kansas. The expansion project is itemized in Exhibit I attached hereto. Under the Economic Development Incentive Policy, Sharpline Converting is eligible for the following: TAX EXEMPTION ELIGIBILITY ELIGIBLE % INCENTIVE EXPLANATION 76.0% New Job Creation: Sharpline Converting will create at least 56 new jobs at an average wage of $30,700. 26.5% Capital Improvements: Sharpline Converting will invest at least $1,932,987. 102.5% Sub Total Business - Incentive Eligibility (Maximum allowed is 100%) 00.0% Location Premium: Sharpline Converting is not located in the central redevelopment area. 100.0% TOTAL EXEMPTION ALLOWED UNDER ECONOMIC DEVELOPMENT INCENTIVE POLICY Under the Economic Development Incentive Policy, Sharpline Converting is eligible for a 100% tax exemption for a five-year term on real property improvements and new personal property, and 100% exemption on real property improvements only for a second five-year term, subject to Council review. Financial Considerations: The estimated first year taxes on the proposed $1,932,987 expansion would be $22,265 on real property improvements, and $27,877 on personal property, based on the 2004 mill levy. Using the allowable tax exemption of 100 percent, the City would be exempting (for the first year) $50,142 of new taxes from the real and personal property tax rolls. The tax exemption will be shared among the taxing entities as follows: City - $14,075; County/State - $13,382; and USD 259 - $22,684. Wichita State University Center for Economic Development and Business Research calculated a cost-benefit analysis indicating benefit-to-cost ratios, which are as follow: City of Wichita 2.57 to one Sedgwick County 1.73 to one USD 259 1.73 to one State of Kansas 3.47 to one Legal Considerations: The City Attorney's Office has approved the Ordinance as to form. A notice of public hearing has been published. Recommendations/Actions: It is recommended that City Council close the public hearing, and approve first reading of the Ordinance granting a 100% tax exemption on the identified real and personal property improvements for an initial five-year term, plus a 100% exemption, on real property only, for a second five-year period, subject to City Council review. Sharpline Converting, Inc. Exhibit I New Construction: 30,000 s.f. Building Addition to existing facility $785,469 Total New Construction $785,469 Equipment Purchases: Two ISS - 1000 vision sensors $8,390.00 Vinyl cutter 11,959.75 Taping machine 700.00 Data logger 550.00 Copier 1,600.00 Computer - digital printing 4.392.00 Scale 501.84 Mailing machine 4,892.50 100 ton ultrapress 92,500.00 48" signmaker II 8,950.00 Slitter 97,600.00 Die cutter 306,000.00 Adhesive testing machine 588.16 Hydraulic metal shear 5,995.00 Tool cabinet 1,079.98 Newworking equipment 3,027.41 Stretch wrap machine 6,950.00 Two pallet trucks 694.50 Two computer workstations 558.57 Router - whse 1,754.10 Compressor 16,191.91 Core cutter 75,000.00 Scale 4,385.00 Rack 650.00 Electronic paper tape dispensor 2,044.72 Forklift 20,650.00 Racks 4,700.00 Racks 1,036.43 Bar coding equipment 91,233.55 Screening blanket 2,254.45 Shop racks 1,132.37 Laser printer - production 2,267.88 Strapping machine 1,625.00 Portable steps with handrails 1,434.16 Lateral file 419.83 Production printer 6,059.44 Tension meter 450.00 Urethane meter mixer 71,480.00 Snorkel Model 9,820.00 Rotary Laminator 12" 3,288.46 Rotary Laminator 12" 3,288.46 Willet 460 SI Ink Jet Printer 5,298.33 Manual Rewinder 9" 3,200.00 Manual Rewinder 9" 2,375.00 Rotary Die Cutter 12" 2,630.77 Paper Cutter Sybold Saber 64" 5,480.77 Rotary Laminator 12" 3,288.46 Rotary Die Cutter DCL2301, 9" 2,466.34 Shrink Film Sealer Weldotron 1,826.92 Econocorp Pkgr 3567-3669-3728 3,288.46 Rotary Die Cutter 9" 1,973.08 Rotary Die Cutter 1,973.08 Rotary Laminator 9" 2,466.34 Rotary Laminator 9" 2,466.34 Jet Printer Willet 5,846.15 Rotary Die Cutter 14" 3,069.23 Core Cutter Ppleton 2,923.08 Manual Rewinder 54" 2,923.08 Anti-Theft Applicator 7,196.93 Algus Packaging Machine 54,523.20 Rewinder SPI HW 36" 2,557.69 Automatic Packager 3,653.85 30" Manual Rewinder 2,923.08 Elsner Automatic Rewinder 12,788.46 Turret Rewinder 2,630.77 Void Elimination for Retail 18,933.47 Replacement of Turret Rewinder 110,720.20 Total Equipment $1,147,518.55 Total Expansion Project $1,932,987.55 Agenda Item No. 40 City of Wichita City Council Meeting April 5, 2005 Agenda Report No. 05-0308 TO: Mayor and City Council SUBJECT: Lease agreement between the City of Wichita, Department of Park and Recreation and the Clydesdale Soccer Association (District II) INITIATED BY: Department of Park and Recreation AGENDA: New Business Recommendations: Approve the agreement and authorize the necessary signatures. Background: As a result of findings from the Alternative Revenue Task Force and direction from the City Council, staff has had ongoing talks with the soccer associations regarding the assumption of maintenance duties at City soccer fields by the association in exchange for the City of Wichita not receiving user fees from the soccer associations. Representatives of the Clydesdale Soccer Association met with staff early in 2004 to initiate discussions on a formal lease agreement with the City of Wichita. Analysis: In May of 2004, staff began developing a lease agreement and continued to negotiate the terms of the agreement with the Clydesdale Soccer Association. On November 16, 2004, at a City Council work session, staff was directed to address maintenance standards, fees, insurance, nuisance/annoyance issues, and an inventory review in the lease agreement. A lease agreement has been created to the satisfaction of City staff and Clydesdale Soccer Association. Financial Considerations: Per City Council recommendations, any funding savings generated from this lease agreement will be used to enhance other grounds maintenance activities within the department. Legal Considerations: The Law Department has reviewed and approved the lease agreement as to form. Recommendation/Actions: It is recommended that the City Council approve the agreement and authorize the necessary signatures. Agenda Item No. 41 CITY OF WICHITA City Council Meeting April 5, 2005 Agenda Report No. 05-0309 TO: Mayor and City Council Members SUBJECT: Park Lighting (All Districts) INITIATED BY: Department of Park and Recreation Department of Public Works AGENDA: New Business Recommendation: Approve the bonding resolution and authorize initiation of the project. Background: The Park and Recreation Department in coordination with Public Works Department is responsible for ensuring that the City's parks, park facilities, and recreation centers are well-lit to provide for the safety of patrons. Analysis: The 2005 Park Capital Improvement Program (CIP) includes $100,000 for the placement of outdoor lights in new and existing parks and replacement of damaged light fixtures at existing parks, park facilities, and recreation centers. Funding will provide for necessary installations and safety improvements at a number of parks and facilities located across the city. Specific sites for improvements include McAdams and Orchard Park Playgrounds, the pathway from the Linwood Recreation Center parking lot to the Swimming Pool/Tennis Court parking lot, replacement fixtures in Central Riverside Park, additional fixtures around Park Villa in North Riverside Park, and additional fixtures in Sycamore Park. Financial Considerations: The 2005 Park CIP includes $100,000 for the constructio