Table of Contents Agenda 7 IV-1. Public Hearing And

Table of Contents

Agenda 7 IV-1. Public Hearing and Issuance of Industrial Revenue Bonds, Ethanol Products, LLC. (District II) Agenda Report No. IV-1 16 Ordinance No. 50-606 18 IV-2. Public Hearing and Issuance of Taxable Industrial Revenue Bonds, Spirit AeroSystems, Inc. (District III) Agenda Report No. IV-2 28 Ordinance 50-607 30 IV-3. Public Hearing and Amendment to the Kellogg and West Community Improvement District. (District IV) Agenda Report No. IV-3 40 Development Agreement 42 Ordinance 50-608 59 IV-4. Request to Amend the Letter of Intent for Industrial Revenue Bonds, TCRS, LLC. (District IV) Agenda Report No. IV-4 72 Request for Modification - TCRS, LLC 74 Resolution No. 17-395 79 IV-5. Hyatt Proceeds Ordinance Amendment. Agenda Report No. IV-5 84 Ordinance No. 50-609 85 Delineated Ordinance 87 IV-6. 2017-2018 Supplemental Emergency Solutions Grant Funding Recommendations for Fourth Program Year Annual Action Plan. Agenda Report No. IV-6 89 ESG Planning Spreadsheet 91 4th Year ESG Supplemental Funded Activity Summary 92 IV-7. Adoption of the National Electrical Code, 2017 Edition. Agenda Report No. IV-7 100 Ordinance No. 50-610 103 Delineated Ordinance 109 Ordinance No. 50-611 117 Delineated Ordinance 120 IV-8. Franchise Agreement between the City of Wichita and Verizon Wireless, LLC. Agenda Report No. IV-8 123 Ordinance 50-612 124 IV-9. Century II Public Engagement. Agenda Report No. IV-9 148 Century II RFP 149 VIII-1. Cancellation of December 26, 2017 and January 2, 2018 City Council Meetings.

1 Agenda Report No. VIII-1 153 II-1. Report of Board of Bids and Contracts dated October 30th and November 6, 2017. 10-30-2017 and 11-06-2017 Board of Bids 154 II-2a. Applications for Licenses to Retail Cereal Malt Beverages: CMBS for November 7th 166 II-3a. Preliminary Estimates. PEsforCC_11-07-17 167 II-4a. Petition for Paving Improvements to Serve West Wichita Addition. (District VI) Agenda Report No. II-4a 170 Resolution No. 17-396 171 Supporting Documents 174 II-4b. Petition for Sanitary Sewer Improvements to Serve Wheatridge Addition. (District IV) Agenda Report No. II-4b 182 Resolution No. 17-397 183 Supporting Documents 185 II-4c. Petition for Paving Improvements to Serve Richmond's Addition. (District IV) Agenda Report No. II-4c 191 Resolution No. 17-398 192 Supporting Documents 194 II-4d. Revised Petition and Amending Resolution for Paving Improvements to Serve Phase 2 Estancia Commercial Addition. (District V) Agenda Report No. II-4d 200 Resolution No. 17-399 201 Supporting Documents 204 II-4e. Petition for Sanitary Sewer Improvements to Serve Hoskinson 3rd Addition. (District V) Agenda Report No. II-4e 211 Resolution No. 17-400 212 Supporting Documents 214 II-4f. Petition for Paving Improvements to Serve Central Bank and Trust Addition. (District I) Agenda Report No. II-4f 220 Resolution No. 17-401 221 Supporting Documents 223 II-5a. Community Events – Say Grace 5K. (District VI) Agenda Report No. II-5a 229 II-5b. Community Events – Mass for Life. (District III) Agenda Report No. II-5b 231 II-5c. Community Events – Girls on the Run 5K. (Districts III and IV) Agenda Report No. II-5c 233 II-6a. ASR 2016 Accounting Model and Annual Report. 2 Agenda Report No. II-6a 234 Agreement 235 II-6b. Encroachment Agreement with Southern Star Central Gas Pipeline, Inc. for 45th Street North and Hillside Intersection. (District I) Agenda Report No. II-6b 245 Agreement 246 II-6c. Kansas Department of Transportation (KDOT) Agreement for Funding for Improvements to Greenwich Road from Pawnee to Harry Streets. (District II) Agenda Report No. II-6c 254 Agreement 255 II-6d. Kansas Department of Transportation (KDOT) Agreement for Funding for Improvements to 127th Street East between 13th and 21st Streets North. (District II) Agenda Report No. II-6d 271 Agreement 272 II-7a. Design Agreement for Improvements to the 37th Street Booster Pump Station. (District II) Agenda Report No. II-7a 274 Agreement 275 II-8. Bicycle and Pedestrian Advisory Board, September 11, 2017 List of Advisory Board/Commission Minutes 282 II-9. Consent to Assignment of Contracts between the City of Wichita and Ruggles and Bohm, P.A. to Garver, LLC. Agenda Report No. II-9 283 Contract 284 II-10. 2018 Collection Mains Replacement and Distribution Mains Replacement. Agenda Report No. II-10 285 NOI 17-402 286 Resolution No. 17-402 287 NOI 17-403 289 Resolution No. 17-403 290 II-11. 2018 Arterial Water Mains. Agenda Report No. II-11 292 NOI 17-404 293 Resolution No. 17-404 294 Budget Sheet 296 II-12. 2018 Dead End Mains Replacement. Agenda Report No. II-12 300 NOI 17-405 301 Resolution No. 17-405 302 Budget Sheet 304 II-13. 2018 Water and Sewer Mains for Future Development. Agenda Report No. II-13 308

3 NOI 17-406 309 Resolution No. 17-406 310 NOI 17-407 312 Resolution No. 17-407 313 II-14. 2018 Drug Enforcement Administration (DEA) State and Local Task Force. Agenda Report No. II-14 315 II-15. Abatement of Unsafe Structures. (Districts I, III, IV and VI) Agenda Report No. II-15, Ordinance No. 50-613 and List of Properties 316 II-16. Kansas Health Foundation Civic Engagement Academy Grant. Agenda Report No. II-16 320 Supporting Documents 321 II-17. O.J. Watson Park Improvement Project. (District III) Agenda Report No. II-17 332 Resolution No. 17-408 333 II-18. Park Facility Improvements. Agenda Report No. II-18 335 Resolution No. 17-409 336 II-19. WAMPO Planning Walkable Places Funding Agreements. Agenda Report No. II-19 338 Transit Feasibiltiy Agreement 340 Walkable Development Agreement 348 Downtown Streets Agreement 356 Parking and Multimodal Plan 364 Transit Accessibility Agreement 372 II-20. Wichita Public Building Commission Dissolution and Transfer of Assets. Agenda Report No. II-20 380 Ordinance No. 50-614 381 Notice of Termination (WPBC executed) 383 II-21. Mexico Business Services Agreement Contract Extension. Agenda Report No. II-21 and Supporting Documents 385 II-22. Second Reading Ordinances. (First read October 24, 2017) List of Second Reading Ordinances 11-07-2017 434 II-23. *ZON2017-00030 – Zone Change from TF-3 Two-Family Residential to NR Neighborhood Retail on Property Located at the Southwest Corner of Maple Street and Meridian Avenue at 301 South Meridian Avenue. (District IV) Agenda Report No. II-23 435 MAPC Minutes 437 DAB IV Memo 439 Ordinance 50-615 440

4 II-24. *ZON2017-00041 – City Zone Change Request from LC Limited Commercial District and B Multi-Family Residential to GC General Commercial on Property Located on the Southwest Corner of West Douglas Avenue and South West Street, Including Land Extending to South Colorado Street on the West side, 101 South West Street. (District IV) Agenda Report No. II-24 441 MAPC Minutes 443 DAB IV Memo 446 Ordinance No. 50-616 447 II-25. *ZON2017-00044 – Zone Change from SF-5 Single- Family Residential to TF-3 Two-Family Residential in Kelly 6th Addition; Generally Located at the End of South Lark Court on the East Side of South Lark Lane Approximately One-third Mile South of West Kellogg Drive. (District IV) Agenda Report No. II-25 449 MAPC Minutes 451 DAB IV Memo 453 Ordinance No. 50-617 454 II-26. *ZON2017-00045 – Zone Change from SF-5 Single- Family Residential to LC Limited Commercial on Property Located 900 Feet South of West Central Avenue on the West Side of at the Southwest Corner of Maple Street and Meridian Avenue at 541 North Tyler Road. (District V) Agenda Report No. II-26 455 MAPC Minutes 457 DAB V Memo 459 Ordinance 50-618 460 II-27. *ZON2017-00046 and CUP2017-00043 – Zone change to LC Limited Commercial and GC General Commercial and Creation of the Steeple Bay Community Unit Plan CUP DP-345 on Property Generally Located North of West MacArthur Road and East of South Seneca Street. (District III) Agenda Report No. II-27 461 MAPC Minutes 463 DP-345 469 DAB III Report 470 Ordinance No. 50-619 471 II-28. *2018 Payment Standard - Housing Choice Voucher Program. Agenda Report No. II-28 473 II-29. *2018 Flat Rent Schedule - Public Housing Program. Agenda Report No. II-29 474 II-30. *U.S. General Services Administration - Lease Amendment No. 4 - Wichita Dwight D. Eisenhower National Airport. Agenda Report No. II-30 476 Lease Amendment No. 4 477 II-31. *WAA Report of Board of Bids and Contracts dated November 6, 2017. 5 11-06-2017 Board of Bids WAA 498

6 REVISED: ADDITION OF CONSENT ITEM II-31, WAA BOARD OF BIDS

FINAL C I T Y C O U N C I L

C I T Y O F W I C H I T A K A N S A S

City Council Meeting City Council Chambers 09:00 a.m. November 7, 2017 455 North Main

OPENING OF REGULAR MEETING

-- Call to Order

-- Invocation

-- Pledge of Allegiance

-- Approve the minutes of regular meeting on October 24, 2017

AWARDS AND PROCLAMATIONS

-- Proclamations: American Education Week Eat Smart Month

-- Awards: Distinguished Budget Presentation Award and ICMA Award

I. PUBLIC AGENDA

NOTICE: No action will be taken relative to items on this agenda other than referral for information. Requests to appear will be placed on a “first- come, first-served” basis. This portion of the meeting is limited to thirty minutes and shall be subject to a limitation of five minutes for each presentation with no extension of time permitted. No speaker shall be allowed to appear more frequently than once every fourth meeting. Members of the public desiring to present matters to the Council on the public agenda must submit a request in writing to the office of the city clerk prior to twelve noon on the Tuesday preceding the council meeting. Matter pertaining to personnel, litigation and violations of laws and ordinances are excluded from the agenda. Rules of decorum as provided in this code will be observed.

1. Steven Wilkinson, SCKEDD Executive Director - Introduction and reintroducing SCKEDD to the City Council.

2. Sybil Strum - Central Inspection bullying and taking houses instead of helping homeowners to fix their houses, and have businesses pay their own way and not the taxpayers.

II. CONSENT AGENDA ITEMS 1 THROUGH 31

NOTICE: Items listed under the “Consent Agendas” will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the “Consent Agendas” and considered separately

(The Council will be considering the City Council Consent Agenda as well as the Planning, Housing, and Airport Consent Agendas. Please see “ATTACHMENT 1 – CONSENT AGENDA ITEMS” for a listing of all Consent Agenda Items.)

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COUNCIL BUSINESS III. UNFINISHED COUNCIL BUSINESS

None

IV. NEW COUNCIL BUSINESS

1. Public Hearing and Issuance of Industrial Revenue Bonds, Ethanol Products, LLC. (District II)

RECOMMENDED ACTION: Close the public hearing and place on first reading the bond ordinance authorizing the execution and delivery of documents for the issuance of taxable Industrial Revenue Bonds in an amount not to exceed $7,000,000 for Ethanol Products, LLC and authorize the necessary signatures.

2. Public Hearing and Issuance of Taxable Industrial Revenue Bonds, Spirit AeroSystems, Inc. (District III)

RECOMMENDED ACTION: Close the public hearing and approve the first reading of the Bond Ordinance authorizing the execution and delivery of documents for the issuance of Taxable Industrial Revenue Bonds for Spirit AeroSystems, Inc. in an amount not to exceed $35,000,000, release and convey the 2006 bond-financed property and authorize the necessary signatures.

3. Public Hearing and Amendment to the Kellogg and West Community Improvement District. (District IV)

RECOMMENDED ACTION: Close the public hearing, place on first reading the ordinance amending the Kellogg and West Community Improvement District, and approve the development agreement.

4. Request to Amend the Letter of Intent for Industrial Revenue Bonds, TCRS, LLC. (District IV)

RECOMMENDED ACTION: Close the public hearing and adopt the modified resolution of intent and authorizes the necessary signatures.

5. Hyatt Proceeds Ordinance Amendment.

RECOMMENDED ACTION: Place the Ordinance on first reading, authorize the necessary signatures and repeal and amend Section 3 of Ordinance No. 50-585.

6. 2017-2018 Supplemental Emergency Solutions Grant Funding Recommendations for Fourth Program Year Annual Action Plan.

RECOMMENDED ACTION: Approve the supplemental Emergency Solutions Grant funding recommendations for the Annual Action Plan and authorize the required 14-day public review and comment period for the proposed Plan.

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7. Adoption of the National Electrical Code, 2017 Edition.

RECOMMENDED ACTION: Place on first reading the ordinances to amend Article 4 Section A, Article 4 Section 2, and Article 1 Section 2 Table I of the Wichita-Sedgwick County Unified Building and Trade Code (UBTC) and authorize the necessary signatures.

8. Franchise Agreement between the City of Wichita and Verizon Wireless, LLC.

RECOMMENDED ACTION: Approve the agreement, place the ordinance on first reading and authorize the necessary signatures.

9. Century II Public Engagement.

RECOMMENDED ACTION: Approve the scope of services and amendment for the Request for Proposals.

COUNCIL BUSINESS SUBMITTED BY CITY AUTHORITIES

PLANNING AGENDA

NOTICE: Public hearing on planning items is conducted by the MAPC under provisions of State law. Adopted policy is that additional hearing on zoning applications will not be conducted by the City Council unless a statement alleging (1) unfair hearing before the MAPC, or (2) alleging new facts or evidence has been filed with the City Clerk by 5p.m. on the Wednesday preceding this meeting. The Council will determine from the written statement whether to return the matter to the MAPC for rehearing.

V. NON-CONSENT PLANNING AGENDA

None

HOUSING AGENDA

NOTICE: The City Council is meeting as the governing body of the Housing Authority for consideration and action on the items on this Agenda, pursuant to State law, HUD, and City ordinance. The meeting of the Authority is deemed called to order at the start of this Agenda and adjourned at the conclusion. Andra Martin Housing Member is also seated with the City Council.

VI. NON-CONSENT HOUSING AGENDA

None

AIRPORT AGENDA

NOTICE: The City Council is meeting as the governing body of the Airport Authority for consideration and action on items on this Agenda, pursuant to State law and City ordinance. The meeting of the Authority is deemed called to order at the start of this Agenda and adjourned at the conclusion.

VII. NON-CONSENT AIRPORT AGENDA

None

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COUNCIL AGENDA

VIII. COUNCIL MEMBER AGENDA

1. Cancellation of December 26, 2017 and January 2, 2018 City Council Meetings.

RECOMMENDED ACTION: Cancel the December 26, 2017 and January 2, 2018 City Council Meetings.

2. Approval of travel for Mayor Jeff Longwell and Council Member Pete Meitzner to attend the Downtown Place Making Tours and Meetings, November 12-13, 2017, Charlotte and Durham, North Carolina.

RECOMMENDED ACTION: Approve the travel expenses.

IX. COUNCIL MEMBER APPOINTMENTS AND COMMENTS

1. Board Appointments.

RECOMMENDED ACTION: Approve the appointments.

Adjournment

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(ATTACHMENT 1 – CONSENT AGENDA ITEMS 1 THROUGH 31)

II. CITY COUNCIL CONSENT AGENDA ITEMS

1. Report of Board of Bids and Contracts dated October 30th and November 6, 2017.

RECOMMENDED ACTION: Receive and file report; approve the contracts; and authorize the necessary signatures.

2. Applications for Licenses to Retail Cereal Malt Beverages: a. List of CMBs for November 7, 2017.

RECOMMENDED ACTION: Approve licenses subject to staff review and approval.

3. Preliminary Estimates: a. List of PEs for November 7, 2017.

RECOMMENDED ACTION: Receive and file.

4. Petitions for Public Improvements: a. Petition for Paving Improvements to Serve West Wichita Addition. (District VI) b. Petition for Sanitary Sewer Improvements to Serve Wheatridge Addition. (District IV) c. Petition for Paving Improvements to Serve Richmond's Addition. (District IV) d. Revised Petition and Amending Resolution for Paving Improvements to Serve Phase 2 Estancia Commercial Addition. (District V) e. Petition for Sanitary Sewer Improvements to Serve Hoskinson 3rd Addition. (District V) f. Petition for Paving Improvements to Serve Central Bank and Trust Addition. (District I)

RECOMMENDED ACTION: Approve the petitions and adopt the resolutions.

5. Consideration of Street Closures/Uses: a. Community Events – Say Grace 5K. (District VI) b. Community Events – Mass for Life. (District III) c. Community Events – Girls on the Run 5K. (Districts III and IV)

RECOMMENDED ACTION: Approve the request subject to; (1) Hiring off-duty certified law enforcement officers as required; (2) Obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Department; and (3) Securing a Certificate of Liability Insurance on file with the Community Events Coordinator.

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6. Agreements/Contracts: a. ASR 2016 Accounting Model and Annual Report. b. Encroachment Agreement with Southern Star Central Gas Pipeline, Inc. for 45th Street North and Hillside Intersection. (District I) c. Kansas Department of Transportation (KDOT) Agreement for Funding for Improvements to Greenwich Road from Pawnee to Harry Streets. (District II) d. Kansas Department of Transportation (KDOT) Agreement for Funding for Improvements to 127th Street East between 13th and 21st Streets North. (District II)

RECOMMENDED ACTION: Approve the agreements/contracts and authorize the necessary signatures.

7. Design Services Agreements: a. Design Agreement for Improvements to the 37th Street Booster Pump Station. (District II)

RECOMMENDED ACTION: Approve agreements/contracts, adopt the resolution and authorize the necessary signatures.

8. Minutes of Advisory Boards/Commissions: Bicycle and Pedestrian Advisory Board, September 11, 2017 Wichita Employee’s Retirement Board, September 20, 2017 Deferred Compensation Board, May 18, 2017 Police and Fire Retirement Board, July 26, 2017 Joint Investment Committee, August 3, 2017 and September 7, 2017

RECOMMENDED ACTION: Receive and file.

9. Consent to Assignment of Contracts between the City of Wichita and Ruggles and Bohm, P.A. to Garver, LLC.

RECOMMENDED ACTION: Approve the Consent to Assignment of contracts between the City of Wichita and Ruggles and Bohm P.A., to Garver, LLC, and authorize the necessary signatures.

10. 2018 Collection Mains Replacement and Distribution Mains Replacement.

RECOMMENDED ACTION: Approve the projects and budgets, adopt the resolutions, and authorize the necessary signatures.

11. 2018 Arterial Water Mains.

RECOMMENDED ACTION: Approve the project, adopt the resolution, and authorize the necessary signatures.

12. 2018 Dead End Mains Replacement.

RECOMMENDED ACTION: Approve the project, adopt the resolution, and authorize the necessary signatures.

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13. 2018 Water and Sewer Mains for Future Development.

RECOMMENDED ACTION: Approve the budgets, adopt the resolutions and notices of intent, and authorize the necessary signatures.

14. 2018 Drug Enforcement Administration (DEA) State and Local Task Force.

RECOMMENDED ACTION: Approve continued annual participation in DEA State and Local Task Forces and approve the budget for the fiscal year beginning October 1, 2017. The approval would authorize the Chief of Police to sign the agreement.

15. Abatement of Unsafe Structures. (Districts I, III, IV and VI)

RECOMMENDED ACTION: Approve the proposed assessments, place the ordinance on first reading and authorize the necessary signatures.

16. Kansas Health Foundation Civic Engagement Academy Grant.

RECOMMENDED ACTION: Approve the contract and authorize the necessary signatures.

17. O.J. Watson Park Improvement Project. (District III)

RECOMMENDED ACTION: Adopt the bonding resolution and approve the initiation of additional funding for the project.

18. Park Facility Improvements.

RECOMMENDED ACTION: Adopt the bonding resolution and authorize initiation of additional funding for the project.

19. WAMPO Planning Walkable Places Funding Agreements.

RECOMMENDED ACTION: Approve the funding agreements, authorize the necessary signatures and authorize the necessary budget adjustments.

20. Wichita Public Building Commission Dissolution and Transfer of Assets.

RECOMMENDED ACTION: Adopt the Ordinance dissolving the Wichita Public Building Commission, accept the transfer of its assets and authorize the execution of the ordinance and the execution and recording of the Notice of Termination.

21. Mexico Business Services Agreement Contract Extension.

RECOMMENDED ACTION: Approve the contract amendment and authorize the necessary signatures.

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22. Second Reading Ordinances: (First Read October 24, 2017)

RECOMMENDED ACTION: Adopt the Ordinances.

II. CONSENT PLANNING AGENDA ITEMS

23. *ZON2017-00030 – Zone Change from TF-3 Two-Family Residential to NR Neighborhood Retail on Property Located at the Southwest Corner of Maple Street and Meridian Avenue at 301 South Meridian Avenue. (District IV)

RECOMMENDED ACTION: Adopt the findings of the MAPC and approve the requested zone change, place the ordinance on first reading, authorize the necessary signatures, and instruct the City Clerk to publish the ordinance after approval on second reading (requires 4 of 7 votes).

24. *ZON2017-00041 – City Zone Change Request from LC Limited Commercial District and B Multi-Family Residential to GC General Commercial on Property Located on the Southwest Corner of West Douglas Avenue and South West Street, Including Land Extending to South Colorado Street on the West side, 101 South West Street. (District IV)

RECOMMENDED ACTION: Adopt the findings of the MAPC and approve the requested zone change subject to the conditions of Protective Overlay District #321, place the ordinance on first reading, authorize the necessary signatures, and instruct the City Clerk to publish the ordinance after approval on second reading (requires four of seven votes).

25. *ZON2017-00044 – Zone Change from SF-5 Single-Family Residential to TF-3 Two-Family Residential in Kelly 6th Addition; Generally Located at the End of South Lark Court on the East Side of South Lark Lane Approximately One-third Mile South of West Kellogg Drive. (District IV)

26. *ZON2017-00045 – Zone Change from SF-5 Single-Family Residential to LC Limited Commercial on Property Located 900 Feet South of West Central Avenue on the West Side of at the Southwest Corner of Maple Street and Meridian Avenue at 541 North Tyler Road. (District V)

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27. *ZON2017-00046 and CUP2017-00043 – Zone change to LC Limited Commercial and GC General Commercial and Creation of the Steeple Bay Community Unit Plan CUP DP-345 on Property Generally Located North of West MacArthur Road and East of South Seneca Street. (District III)

RECOMMENDED ACTION: Adopt the findings of the MAPC, approve the zone change and the Steeple Bay Community Unit Plan CUP DP-345, place the ordinance on first reading, authorize the necessary signatures and instruct the City Clerk to publish the ordinance after approval on second reading (four of seven votes required).

II. CONSENT HOUSING AGENDA ITEMS

NOTICE: The City Council is meeting as the governing body of the Housing Authority for consideration and action on the items on this Agenda, pursuant to State law, HUD, and City ordinance. The meeting of the Authority is deemed called to order at the start of this Agenda and adjourned at the conclusion. Andra Martin, Housing Member is also seated with the City Council.

28. *2018 Payment Standard - Housing Choice Voucher Program.

RECOMMENDED ACTION: Approve the 2018 payment standard for the Housing Choice Voucher Program to be effective on February 1, 2018.

29. *2018 Flat Rent Schedule - Public Housing Program.

RECOMMENDED ACTION: Approve the 2018 Flat Rent schedule for the Wichita Housing Authority's Section 9 Public Housing program.

II. CONSENT AIRPORT AGENDA ITEMS

30. *U.S. General Services Administration - Lease Amendment No. 4 - Wichita Dwight D. Eisenhower National Airport.

RECOMMENDED ACTION: Approve the lease amendment.

31. *WAA Report of Board of Bids and Contracts dated November 6, 2017.

RECOMMENDED ACTION: Receive and file the report, approve the contracts and authorize the necessary signatures.

15 Agenda Item No. IV-1

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Public Hearing and Issuance of Industrial Revenue Bonds (Ethanol Products, LLC) (District II)

INITIATED BY: Office of Economic Development

AGENDA: New Business

Recommendation: Close the public hearing and place the bond ordinance on first reading.

Background: On May 3, 2016, the City Council approved a Letter of Intent (LOI) to issue Industrial Revenue Bonds (IRBs) in an amount not to exceed $7,000,000 for Ethanol Products, LLC, which is doing business in Wichita as Poet Ethanol. Ethanol Products intended to construct and equip a new 26,000 square-foot office building on its campus near 39th Street North and Webb Road. Ethanol Products was approved for a 77.5% five-plus-five-year tax abatement.

Ethanol Products has completed the project and is now requesting the issuance of IRBs in the amount not to exceed $7,000,000.

Ethanol Products is in the Oil and Gas cluster of the Blueprint for Regional Economic Growth (BREG).

Analysis: Ethanol Products, LLC is a South Dakota company formed in 2000 to provide marketing, trading, distribution, risk management and market development of renewable fuels throughout the United States. It is the second largest supplier of fuel grade ethanol in the United States with over 2 billion gallons of production per year, and is currently engaged in market development, marketing, transportation and distribution for multiple ethanol plants throughout the Midwest. Ethanol Products’ customers are primarily comprised of the major petroleum companies and the product is delivered to destinations across the U.S.

The 26,000 square-foot expansion project will accommodate expanded operations. The new building will house additional administration for the company and will include training rooms, meeting areas, customer hosting facilities, a larger central Information Technology server room and a storm shelter.

Ethanol Products currently employs 121 in Wichita and projects it will add 15 new employees over the next five years at an average annual salary of $54,800 per year.

Financial Considerations: Ethanol Products, LLC agrees to pay all costs of the City relative to the issuance of the bonds. The company also agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds.

Based on the Economic Development Incentive Policy, Ethanol Products qualifies for a 77.5% five-plus- five-year tax exemption on real property constructed with bond proceeds. Based on the latest available mill levy, and assuming that the real property improvements are valued at 80% of the actual capital investment, the estimated value of the property tax for the first full year is approximately $130,034. The value of a 77.5% real property tax exemption as applicable to taxing jurisdictions is:

16 Ethanol Products, LLC – First Reading November 7, 2017 Page 2

City $ 35,464 State $ 1,628 County $ 31,880 USD 259 $ 61,062

In 2016, Ethanol Products paid approximately $107,000 in real property taxes.

An updated benefit/cost analysis report completed using the fiscal and economic impact model of Wichita State University’s Center for Economic Development and Business Research reflects benefit/cost ratios as follows:

City of Wichita 1.37 to 1 City of Wichita Gen Fund 1.30 to 1 City of Wichita Debt Serv 1.49 to 1 Sedgwick County 1.32 to 1 USD 375 1.29 to 1 State of Kansas 2.64 to 1

Legal Considerations: Bond documents needed for the issuance of the bonds have been prepared by bond counsel, Gilmore & Bell P.C. The City’s Law Department will review and approve the final form of bond documents prior to the issuance of any bonds.

Recommendations/Actions: It is recommended that the City Council close the public hearing and place on first reading the bond ordinance authorizing the execution and delivery of documents for the issuance of taxable Industrial Revenue Bonds in an amount not to exceed $7,000,000 for Ethanol Products, LLC and authorize the necessary signatures.

Attachments: Bond Ordinance

17 GILMORE & BELL, P.C. 10/19/2017

ORDINANCE NO. 50-606

OF THE CITY OF WICHITA, KANSAS

AUTHORIZING THE ISSUANCE OF

NOT TO EXCEED $7,000,000 TAXABLE INDUSTRIAL REVENUE BONDS SERIES IX, 2017 (ETHANOL PRODUCTS, LLC)

JLN\600809.70415\ORDINANCE (10-19-17) 18

(Published in The Wichita Eagle, November 24, 2017)

ORDINANCE NO. 50-606

AN ORDINANCE AUTHORIZING THE CITY OF WICHITA, KANSAS TO ISSUE ITS TAXABLE INDUSTRIAL REVENUE BONDS, SERIES IX, 2017 (ETHANOL PRODUCTS, LLC) FOR THE PURPOSE OF THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF AN ADDITION TO AN EXISTING COMMERCIAL FACILITY; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH.

THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS HAS FOUND AND DETERMINED:

A. The City of Wichita, Kansas (the "Issuer") is authorized by K.S.A. 12-1740 et seq., (the "Act"), to acquire, construct, improve and equip certain facilities (as defined in the Act) for commercial, industrial and manufacturing purposes, and to enter into leases and lease-purchase agreements with any person, firm or corporation for said facilities, to issue revenue bonds for the purpose of paying the cost of any such facilities.

B. Pursuant to the Act and Ordinance No. 48-1752 of the Issuer, the Issuer has previously issued its Taxable Industrial Revenue Bonds, Series I, 2009 (Ethanol Products, LLC) in the original principal amount of $4,000,000 (the “Series 2009 Bonds”) for the purpose of paying the costs of acquiring, constructing and equipping a certain commercial facility (the “Original Project”) located in the City of Wichita, Kansas.

C. The Issuer has leased the Original Project to Ethanol Products, LLC, d/b/a POET Ethanol Products, a South Dakota limited liability company (the “Tenant”) pursuant to a Lease dated as of February 15, 2009 (the “Original Lease”).

D. The Issuer's governing body hereby finds and determines it necessary and advisable to issue its Taxable Industrial Revenue Bonds, Series IX, 2017 (Ethanol Products, LLC), in the aggregate principal amount of not to exceed $7,000,000 (the "Series 2017 Bonds"), for the purpose of providing funds for the acquisition, construction and equipping of an expansion to the Original Project (the “2017 Project”).

F. The Issuer's governing body finds that it is necessary and desirable in connection with the issuance of the Series 2017 Bonds to execute and deliver the following documents (collectively, the "Bond Documents"):

(i) a First Supplemental Trust Indenture (the “First Supplemental Indenture”), amending and supplementing the Trust Indenture dated as of February 15, 2009 (as supplemented and amended, the "Indenture"), with BOKF, NA, as successor to Bank of Oklahoma, N.A., as Trustee (the "Trustee"), prescribing the terms and conditions of issuing and securing the Series 2017 Bonds;

(ii) a First Supplemental Lease (the “First Supplemental Lease”) amending and supplementing the Original Lease (as supplemented and amended, the "Lease"), with the Tenant, under which the Issuer will acquire, construct and equip the 2017 Project and lease it to the Tenant in consideration of Basic Rent and other payments; and

(iii) a Bond Purchase Agreement (the "Bond Purchase Agreement") providing for the sale of the Series 2017 Bonds by the Issuer to Ethanol Products, LLC (the “Purchaser”).

JLN\600809.70415\ORDINANCE (10-19-17)

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

Section 1. Definition of Terms. All terms and phrases not otherwise defined in this Ordinance will have the meanings set forth in the Indenture and the Lease.

Section 2. Authority to Cause the 2017 Project to Be Purchased and Constructed. The Issuer is authorized to cause the 2017 Project to be acquired, constructed and equipped in the manner described in the Indenture and the Lease.

Section 3. Authorization of and Security for the Bonds. The Issuer is authorized and directed to issue the Series 2017 Bonds, to be designated "City of Wichita, Kansas Taxable Industrial Revenue Bonds, Series IX, 2017 (Ethanol Products, LLC)" in the aggregate principal amount of not to exceed $7,000,000 for the purpose of providing funds to pay the costs of the acquisition, construction and equipping of the 2017 Project. The Series 2017 Bonds will be in such principal amounts, will be dated and bear interest, will mature and be payable at such times, will be in such forms, will be subject to redemption and payment prior to maturity, and will be issued according to the provisions, covenants and agreements in the Indenture. The Series 2017 Bonds will be special limited obligations of the Issuer payable solely from the Trust Estate under the Indenture, including revenues derived from the Lease of the Project. The Series 2017 Bonds will not be general obligations of the Issuer, nor constitute a pledge of the faith and credit of the Issuer, and will not be payable in any manner by taxation.

Section 4. Authorization of First Supplemental Indenture. The Issuer is authorized to enter into the First Supplemental Indenture with the Trustee in the form approved in this Ordinance. The Issuer will pledge the Trust Estate described in the Indenture to the Trustee for the benefit of the owners of the Series 2017 Bonds on the terms and conditions in the Indenture.

Section 5. Lease of the Project. The Issuer will extend, improve and further equip the Original Project with the 2017 Project, and continue to lease it to the Tenant according to the provisions of the Original Lease, as amended and supplemented by the First Supplemental Lease in the form approved in this Ordinance.

Section 6. Authorization of Bond Purchase Agreement. The Issuer is authorized to sell the Series 2017 Bonds to the Purchaser, according to the terms and provisions of the Bond Purchase Agreement, in the form approved in this Ordinance.

Section 7. Execution of Bonds and Bond Documents. The Mayor of the Issuer is authorized and directed to execute the Series 2017 Bonds and deliver them to the Trustee for authentication on behalf of the Issuer in the manner provided by the Act and in the Indenture. The Mayor or member of the Issuer's governing body authorized by law to exercise the powers and duties of the Mayor in the Mayor's absence is further authorized and directed to execute and deliver the Bond Documents on behalf of the Issuer in substantially the forms presented for review prior to final passage of this Ordinance, with such corrections or amendments as the Mayor or other person lawfully acting in the absence of the Mayor may approve, which approval shall be evidenced by his or her signature. The authorized signatory may sign and deliver all other documents, certificates or instruments as may be necessary or desirable to carry out the purposes and intent of this Ordinance and the Bond Documents. The City Clerk or the Deputy City Clerk of the Issuer is hereby authorized and directed to attest the execution of the Series 2017 Bonds, the Bond Documents and such other documents, certificates and instruments as may be necessary or desirable to carry out the intent of this Ordinance under the Issuer's corporate seal.

Section 8. Pledge of the Project and Net Lease Rentals. The Issuer hereby pledges the Project, including the 2017 Project, and the net rentals generated under the Lease to the payment of the Series 2017

JLN\600809.70415\ORDINANCE (10-19-17) 2 20

Bonds in accordance with K.S.A. 12-1744. The lien created by the pledge will be discharged when all of the Series 2017 Bonds are paid or deemed to have been paid under the Indenture.

Section 9. Authority To Correct Errors, Etc. The Mayor or member of the Issuer's governing body authorized to exercise the powers and duties of the Mayor in the Mayor's absence, the City Clerk and any Deputy City Clerk are hereby authorized and directed to make any alterations, changes or additions in the instruments herein approved, authorized and confirmed which may be necessary to correct errors or omissions therein or to conform the same to the other provisions of said instruments or to the provisions of this Ordinance.

Section 10. Further Authority. The officials, officers, agents and employees of the Issuer are authorized and directed to take whatever action and execute whatever other documents or certificates as may be necessary or desirable to carry out the provisions of this Ordinance and to carry out and perform the duties of the Issuer with respect to the Series 2017 Bonds and the Bond Documents.

Section 11. Effective Date. This Ordinance shall take effect after its final passage by the governing body of the Issuer and publication once in the Issuer's official newspaper.

[BALANCE OF THIS PAGE LEFT BLANK INTENTIONALLY]

JLN\600809.70415\ORDINANCE (10-19-17) 3 21

PASSED by the governing body of the Issuer on November 21, 2017 and SIGNED by the Mayor.

(SEAL) Mayor

ATTEST:

City Clerk

APPROVED AS TO FORM ONLY.

Jennifer Magaña, Director of Law and City Attorney

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

JLN\600809.70415\ORDINANCE

(Signature Page to Bond Ordinance) 22

CERTIFICATE

I hereby certify that the attached copy is a true and correct copy of Ordinance No. 50-606 of the City of Wichita, Kansas duly passed by the governing body, signed by the Mayor and published in the official City newspaper on the respective dates stated in this ordinance, and that the signed original of such Ordinance is on file in my office.

[SEAL] ______City Clerk

JLN\600809.70415\ORDINANCE

(Clerk’s Certificate) 23

EXCERPT OF MINUTES OF A MEETING OF THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS HELD ON NOVEMBER 7, 2017

The governing body of the City of Wichita, Kansas met in regular session at the usual meeting place in the City, at 9:00 a.m., the following members being present and participating, to-wit:

Absent:

The Mayor declared that a quorum was present and called the meeting to order.

* * * * * * * * * * * * * *

(Other Proceedings)

Among other business, in accordance with notice published on October 30, 2017, in the Wichita Eagle, a public hearing was held by the governing body relating to the proposed issuance of not to exceed $7,000,000 principal amount of Taxable Industrial Revenue Bonds, Series IX, 2017 (Ethanol Products, LLC). All interested persons were afforded an opportunity to present their views on the issuance of the Bonds and the location and nature of the Project to be financed with the proceeds of the Bonds. Thereupon, the public hearing was closed.

Thereupon, there was presented for first reading an Ordinance entitled:

Thereupon, Councilmember ______moved that said Ordinance be passed. The motion was seconded by Councilmember ______. Said Ordinance was duly read and considered, and upon being put, the motion for the passage upon first reading of said Ordinance was carried by the vote of the governing body, the vote being as follows:

Aye:

Nay:

* * * * * * * * * * * * * *

(Other Proceedings)

* * * * * * * * * * * * * *

JLN\600809.70415\ORDINANCE (10-19-17)

CERTIFICATE

I certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the proceedings of the governing body of the City of Wichita, Kansas held on the date stated therein, and that the official minutes of such proceedings are on file in my office.

[SEAL] ______Karen Sublett, City Clerk

JLN\600809.70415\ORDINANCE (Clerk’s Certificate)

EXCERPT OF MINUTES OF A MEETING OF THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS HELD ON NOVEMBER 21, 2017

The governing body of the City of Wichita, Kansas met in regular session at the usual meeting place in the City, at 9:00 a.m., the following members being present and participating, to-wit:

Absent:

The Mayor declared that a quorum was present and called the meeting to order.

* * * * * * * * * * * * * *

(Other Proceedings)

Thereupon, there was presented for second reading on the governing body’s consent agenda an Ordinance entitled:

Thereupon, Councilmember ______moved that the consent agenda be passed. The motion was seconded by Councilmember ______. The motion that the consent agenda be passed, including final passage of said Ordinance, was carried by the vote of the governing body, the vote being as follows:

Aye:

Nay:

Thereupon, the Ordinance was then duly numbered Ordinance No. 50-606, was signed by the Mayor and attested by the Clerk, and the Ordinance was directed to be published one time in the official newspaper of the City.

(Other Proceedings)

* * * * * * * * * * * * * *

JLN\600809.70415\ORDINANCE (10-19-17)

CERTIFICATE

[SEAL] ______Karen Sublett, City Clerk

JLN\600809.70415\ORDINANCE (Clerk’s Certificate)

27 Agenda Item No. IV-2

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Public Hearing and Issuance of Taxable Industrial Revenue Bonds (Spirit AeroSystems, Inc.) (District III)

INITIATED BY: Office of Economic Development

AGENDA: New Business

Recommendations: Close the public hearing and place the bond ordinance on first reading.

Background: On May 3, 2016, Spirit AeroSystems (Spirit) was approved by the City Council for a new, five- year letter of intent (LOI) to issue Industrial Revenue Bonds in an amount not to exceed $280,000,000. Spirit is now requesting the issuance of Industrial Revenue Bonds (IRBs) in the aggregate principal amount not to exceed $35,000,000.

Spirit is in the Aerospace and Advanced Manufacturing clusters of the Blueprint for Regional Economic Growth.

Analysis: Spirit has committed that it will invest $280,000,000 in facilities as well as $825,000,000 in new machinery and equipment over five years and create 349 new jobs.

Bond proceeds will be used to finance the ongoing modernization and expansion of the commercial aircraft manufacturing facilities Spirit acquired from The Boeing Company in June of 2005. Spirit is continuing to manufacture major parts systems for a variety of Boeing jetliners, including the Boeing 737 and 787. In addition, Spirit has expanded its operations and customer base by winning work for other makers of commercial aircraft, as well as corporate and military aircraft. Some 2017 upgrades include the installation of new air handling units, chillers, cranes, crane rails, cooling towers, roof replacement, and an autoclave structure in addition to other modifications.

In addition to authorizing the issuance of the Series I 2017 IRBs, the attached bond ordinance also authorizes the release of property financed by Series IV 2006 Bonds. The conveyance will be effective on, or about, December 5, 2017.

Financial Considerations: Spirit agrees to pay all costs of issuing the bonds and agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds. The City Council has approved a 100% abatement of ad valorem property taxes on the expansion project for five years plus a second five years subject to review and approval by the City Council. Spirit invested $35,000,000 on real property improvements in 2017. Based on the current mill levy, the value of the abated taxes on that investment could be as much as $820,407. This estimate assumes that 80% of the $35,000,000 cost of improvements to real property will be reflected in an increase in property value. The actual increase in valuation, if any, will be determined by the Sedgwick County Appraisers Office in the future as part of its on-going reappraisal process.

The tax abatement would be shared among the taxing entities as follows:

City $ 228,375 State $ 10,500 County $ 205,751 USD 259 $ 375,781 Wichita State University Center for Economic Development and Business Research performed a benefit/cost 28 Issuance of Taxable Industrial Revenue Bonds - Spirit AeroSystems, Inc. November 7, 2017 Page 2 analysis including the Derby school district. The resulting benefit/cost ratios are:

City of Wichita 5.38 to 1 City General Fund 2.60 to 1 City Debt Service Fund NA to 1 Sedgwick County 2.69 to 1 U.S.D. 260 1.16 to 1 State of Kansas 5.51 to 1

Spirit AeroSystems, Inc. intends to purchase the bonds, through direct placement, and the bonds will not be reoffered for sale to the public.

Legal Considerations: Kutak Rock LLP of Omaha, Nebraska, engaged by Spirit, has served as Bond Counsel for the transaction. Spirit has complied with all conditions of the letter of intent. The City’s Law Department has reviewed and approved the bond documents as to form.

Recommendations/Actions: It is recommended that the City Council close the public hearing and approve the first reading of the Bond Ordinance authorizing the execution and delivery of documents for the issuance of Taxable Industrial Revenue Bonds for Spirit AeroSystems, Inc. in an amount not to exceed $35,000,000, release and convey the 2006 bond-financed property and authorize the necessary signatures.

Attachment: Bond Ordinance

29 OCA 028001 First published in the Wichita Eagle on November 24, 2017

ORDINANCE NO. 50-607

AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN SPIRIT AEROSYSTEMS, INC. AND THE CITY OF WICHITA, KANSAS; APPROVING AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST BETWEEN SAID CITY AND U.S. BANK NATIONAL ASSOCIATION; PLEDGING CERTAIN PAYMENTS UNDER SAID LEASE AGREEMENT AND MONEYS AND SECURITIES HELD BY THE TRUSTEE UNDER THE TERMS OF SAID INDENTURE OF TRUST; AUTHORIZING AND DIRECTING THE ISSUANCE OF INDUSTRIAL REVENUE BONDS SERIES I, 2017 (SPIRIT AEROSYSTEMS, INC. PROJECT) OF SAID CITY IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $35,000,000 FOR THE PURPOSE OF PROVIDING FUNDS FOR THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION AND IMPROVEMENT OF CERTAIN INDUSTRIAL AND MANUFACTURING FACILITIES OF SPIRIT AEROSYSTEMS, INC., A DELAWARE CORPORATION, IN SEDGWICK COUNTY, KANSAS; DESIGNATING THE TRUSTEE AND THE PAYING AGENT FOR SAID BONDS; AUTHORIZING THE SALE OF SAID BONDS AND THE EXECUTION OF A BOND PURCHASE AGREEMENT THEREFOR; APPROVING AND AUTHORIZING THE EXECUTION OF AN ADMINISTRATIVE SERVICE FEE AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN RELATED INSTRUMENTS; AND APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TERMINATION OF LEASE AND OTHER APPROPRIATE INSTRUMENTS

WHEREAS, the City of Wichita, Kansas (the “City”) desires to promote and stimulate general economic welfare and prosperity and provide greater employment opportunities within the City and its environs and thereby to further promote, stimulate and develop the economic welfare and prosperity of the State of Kansas; and

WHEREAS, pursuant to the provisions of K.S.A. 12-1740 et seq., as amended (the “Act”), said City is authorized to issue industrial revenue bonds of said City, and it is hereby found and determined to be advisable and in the interest and for the welfare of the City and its inhabitants that industrial revenue bonds be issued for the purpose of providing funds for the acquisition, construction, reconstruction and improvement of certain industrial and manufacturing facilities of Spirit AeroSystems, Inc., a Delaware corporation (the “Company”), located within the environs of the City in Sedgwick County, Kansas, which facilities include the Project as defined in the Lease Agreement and the Indenture of Trust herein referred to approved and authorized; and

WHEREAS, the Company will acquire a leasehold interest in the Project from the City pursuant to said Lease Agreement; and

4851-2750-9325.4 30 WHEREAS, by Letter of Intent dated May 3, 2016 (the “Letter of Intent”), the City has authorized the undertaking of an industrial revenue bond financing for the Project; and

WHEREAS, said Indenture of Trust and this Ordinance provide for the authorization and issuance of a series of such bonds; and

WHEREAS, pursuant to the Act, on December 12, 2006 the Issuer issued its Industrial Revenue Bonds Series IV, 2006 (Spirit AeroSystems, Inc. Project) (the “2006 Bonds”), for the purpose of financing the costs of acquisition, construction, equipping and furnishing of certain industrial facilities (the “2006 Project”) on behalf of the Company; and

WHEREAS, in connection with the issuance of the 2006 Bonds, the Issuer has leased the 2006 Project to the Company pursuant to that certain Lease Agreement, dated as of December 1, 2006 (the “2006 Lease”), by and between Issuer and the Company; and

WHEREAS, Article 11 of the 2006 Lease provides that the Corporation agrees to purchase, and the Issuer agrees to sell, the 2006 Project for $1,000.00, and any and all sums then due to the Issuer under the 2006 Lease at the expiration or sooner termination of the Lease Term following full payment of the 2006 Bonds; and

WHEREAS, Article 11 of the 2006 Lease further provides that upon the closing of the purchase of the related Project, the Issuer shall deliver to the Corporation a release from the trustee for the Bonds of the lien of the bond indenture and other necessary documents conveying to the Company title to the 2006 Project as it then exists; and

WHEREAS, the Issuer has been advised of the Company’s intention to exercise its option to purchase the 2006 Project in accordance with and pursuant to Article 11 of the 2006 Lease on or about December 5, 2017 (the “Purchase Date”); and

WHEREAS, the Issuer finds it necessary to authorize the execution and delivery of a Termination of Lease in connection with the exercise by the Company of its option to purchase the 2006 Project.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

Section 1. Enabling Declaration. The City Council, as governing body of the City of Wichita, Kansas, has determined and hereby declares that the Project, if in being, would promote the welfare of the City.

Section 2. Approval and Authorization of Lease Agreement. The Lease Agreement to be dated as of December 1, 2017, between the City, as lessor, and the Company, as lessee (the “Lease”), be and the same is in all respects hereby approved, authorized and confirmed, and the Mayor or Vice Mayor (or in their absence, the next person in order of succession pursuant to the Order of Succession Resolution of the City), and the City Clerk or Deputy City Clerk be and they are hereby authorized and directed to execute, attest and deliver the Lease for and on behalf of the City.

2 4851-2750-9325.4 31 Section 3. Approval and Authorization of Indenture of Trust, Designation of Trustee and Paying Agent. The Indenture of Trust, to be dated as of December 1, 2017 (the “Indenture”), between the City and U.S. Bank National Association, as trustee (the “Trustee”), be and the same is in all respects hereby approved, authorized and confirmed, and said Trustee is hereby designated to act as such thereunder, and the Trustee is hereby designated to act as Paying Agent for the not to exceed $35,000,000 principal amount of City of Wichita, Kansas Industrial Revenue Bonds Series I, 2017 (Spirit AeroSystems, Inc. Project), authorized by this Ordinance and the Indenture, and the Mayor or Vice Mayor (or in their absence, the next person in order of succession pursuant to the Order of Succession Resolution of the City), and the City Clerk or Deputy City Clerk be and they are hereby authorized and directed to execute, attest and deliver the Indenture for and on behalf of said City. As provided in the Indenture, the City assigns and pledges to the Trustee certain payments under the Lease and moneys and securities held by the Trustee under the terms of the Indenture as security for such Bonds.

Section 4. Approval, Authorization and Issuance of Bonds. There is hereby created and established an issue of bonds of the City to be known and designated as “City of Wichita, Kansas Industrial Revenue Bonds Series I, 2017 (Spirit AeroSystems, Inc. Project)” (the “Bonds”), which shall consist of not to exceed $35,000,000 principal amount of Bonds, to be dated as of their date of first authentication and delivery, to mature on January 1, 2028, to bear interest at the rate of 3.752% per annum, payable semiannually on January 1 and July 1 in each year, commencing July 1, 2018, and to be subject to redemption at the principal amount thereof plus accrued interest thereon to the redemption date as further provided in the Indenture and shall be in principal amount, form and content and include such other details as specified herein and in the Indenture. The issuance of the Bonds is in all respects hereby approved, authorized and confirmed, and the Mayor or Vice Mayor (or in their absence, the next person in order of succession pursuant to the Order of Succession Resolution of the City), and the City Clerk or Deputy City Clerk are authorized and directed to execute and seal the Bonds pursuant to the Indenture, and the Trustee is hereby authorized and directed to authenticate the Bonds, to deliver the same to the purchaser designated in the Bond Purchase Agreement hereinafter referred to for and on behalf of the City upon receipt of the purchase price therefor and to deposit the proceeds thereof with itself as trustee, in the manner provided for by this Ordinance and the Indenture. The Bonds, together with the interest thereon, are not general obligations of the City, but are special obligations payable (except to the extent paid out of moneys attributable to the proceeds derived from the sale of the Bonds or to the income from the temporary investment thereof) solely from the lease payments under the Lease, and the Bond Fund and other moneys held by the Trustee, as provided in the Indenture. Neither the credit nor the taxing power of the State of Kansas or of any political subdivision of such State is pledged to the payment of the principal of the Bonds and premium, if any, and interest thereon or other costs incident thereto.

Section 5. Authorization of the Sale of the Bonds. The sale of the Bonds pursuant to the terms of the Bond Purchase Agreement, at a purchase price of 100% of the principal amount thereof plus accrued interest from the date of authentication to the date of delivery of and payment for the Bonds, is hereby approved, authorized and confirmed. The Mayor or Vice Mayor (or in their absence, the next person in order of succession pursuant to the Order of Succession Resolution of the City), is hereby authorized and directed to execute the Bond Purchase Agreement, dated as of December 1, 2017, covering the sale of the Bonds.

3 4851-2750-9325.4 32 Section 6. Approval and Authorization of Administrative Service Fee Agreement. The Administrative Service Fee Agreement, to be dated as of December 1, 2017, between the City and the Company, (the “Fee Agreement”), be and the same is in all respects hereby approved, authorized and confirmed, and the Mayor or Vice Mayor (or in their absence, the next person in order of succession pursuant to the Order of Succession Resolution of the City), and the City Clerk or Deputy City Clerk be and they are hereby authorized and directed to execute and deliver the Fee Agreement, for and on behalf of the City.

Section 7. Authority to Correct Errors, Etc. The Mayor or Vice Mayor (or in their absence, the next person in order of succession pursuant to the Order of Succession Resolution of the City), the City Clerk and Deputy City Clerk are hereby authorized and directed to make any alterations, changes or additions in the instruments herein approved, authorized and confirmed necessary to correct errors or omissions therein or to conform the same to the other provisions of said instruments or to the provisions of this Ordinance.

Section 8. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. It shall not be necessary for the Lease, the Indenture, the Fee Agreement or the Bond Purchase Agreement to be published in the official City paper, but all such documents shall be on file in the office of the City Clerk and shall be available for inspection by any interested party.

Section 9. Termination of 2006 Lease.

(a) Definition of Terms. All terms and phrases not otherwise defined in this Section 9 shall have the respective meanings set forth in the 2006 Lease.

(b) Authorization of Termination of 2006 Lease. The Issuer is hereby authorized to execute and deliver a Termination of Lease with respect to the 2006 Lease (the “2006 Lease Termination”) by and between the Company and the Issuer in substantially the same form as Exhibit A, attached hereto.

(c) Execution of Documents. The Mayor and Vice Mayor of the Issuer are each hereby authorized and directed to execute the 2006 Lease Termination for and on behalf of and as the act and deed of the Issuer in substantially the form as it is presented, with such minor corrections or amendments thereto as the Mayor or Vice Mayor of the governing body of the Issuer shall approve, which approval shall be evidenced by his or her execution thereof, and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the purposes and intent of this Ordinance. The City Clerk or any Deputy City Clerk of the Issuer are hereby authorized and directed to attest the execution of the 2006 Lease Termination behalf of the Issuer and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance.

(d) Delivery of Documents. The Mayor, Vice Mayor, City Clerk or other appropriate staff members of the Issuer are hereby authorized and directed to deliver the 2006 Lease Termination and such other documents, certificates and instruments as may

4 4851-2750-9325.4 33 be necessary or desirable to carry out and comply with the intent of this Ordinance on the Purchase Date concurrently with the satisfaction of the requirements set forth in the 2006 Lease.

(e) Release and Consideration. Following receipt by the Issuer from the bond trustee of the Release of Lien of Indenture relating to the 2006 Bonds, which Release is hereby authorized to be delivered with regard to the 2006 Bonds to the Company, and from or on behalf of the Company of a corporate check in the amount of $1,000 in consideration of the purchase price of the 2006 Project, the Release is hereby authorized to be delivered to the Company on the Purchase Date, all in accordance with Article 11 of the 2006 Lease and Section 9(d) of this Ordinance.

(f) Further Authority. The Issuer shall, and the officers, agents and employees of the Issuer are hereby authorized and directed to, take such action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the provisions of Section 9 of this Ordinance and to carry out, comply with and perform the duties of this Issuer with respect to the 2006 Lease Termination, all as necessary to carry out and give effect to the transaction contemplated hereby and thereby.

Section 10. Further Authority. The Mayor or Vice Mayor (or in their absence, the next person in order of succession pursuant to the Order of Succession Resolution of the City), the City Clerk, Deputy City Clerk, City Treasurer, Interim City Attorney and Director of Law and other City officials are hereby authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents or other papers and to perform all other acts as they may deem necessary or appropriate in order to implement and carry out the matters herein authorized.

Section 11. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication in the official City paper.

PASSED by the City Council this ______day of November, 2017.

Signed by the .

Jeff Longwell Mayor Attest:

City Clerk

[SEAL]

Approved as to Form:

5 4851-2750-9325.4 34

Jennifer L. Magana City Attorney and Director of Law

6 4851-2750-9325.4 35

EXHIBIT A

TERMINATION OF LEASE

The CITY OF WICHITA, KANSAS (“City”) and SPIRIT AEROSYSTEMS, INC., a Delaware corporation (“Lessee”), hereby agree that in connection with the Lease Agreement by and between City and Lessee, dated as of December 1, 2006 (the “Lease”), which Lease relates to the property comprising the Project (as defined by the Lease), and in consideration of the purchase of the Project by Lessee from City in accordance with Article 11 of the Lease, all right, title and interest of City in and to the Project and all obligation or liability of Lessee under the Lease is hereby released, terminated and discharged in all respects, and the Project is hereby sold by City to Assignee in consideration of $1,000 paid by Assignee to City in accordance with such Article 11.

This Termination of Lease may be executed simultaneously in several counterparts, each of which shall be deemed to be an original and all of which shall constitute but one and the same instrument.

Dated effective as of this [___] day of December, 2017.

SPIRIT AEROSYSTEMS, INC., a Delaware Corporation, as Lessee

By: Name: Title:

4851-2750-9325.4 36 [Second signature page: Termination of Lease]

CITY OF WICHITA, KANSAS

By Jeff Longwell, Mayor (SEAL)

Attest:

Karen Sublett, City Clerk

4851-2750-9325.4 37 ACKNOWLEDGMENT

STATE OF KANSAS ) ) ss. COUNTY OF SEDGWICK )

BE IT REMEMBERED, that on this ____ day of December, 2017, before me, the undersigned, a Notary Public in and for such County and State, came [NAME], the [TITLE] of Spirit AeroSystems, Inc., a Delaware corporation, and that said instrument was signed on behalf of Spirit AeroSystems, Inc.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written.

Notary Public

My commission expires:

______[SEAL]

4851-2750-9325.4 38 ACKNOWLEDGMENT

STATE OF KANSAS ) ) ss. COUNTY OF SEDGWICK )

BE IT REMEMBERED, that on this ____ day of ______, 2017, before me, the undersigned, a Notary Public in and for said County and State, came JEFF LONGWELL, Mayor, and KAREN SUBLETT, City Clerk, of the City of Wichita, Kansas, a municipal corporation duly authorized, incorporated and existing under and by virtue of the Constitution and laws of the State of Kansas, and that said instrument was executed on behalf of the City.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written.

Notary Public

My commission expires:

[SEAL]

4851-2750-9325.4 39 Agenda Item No. IV-3

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Public Hearing and amendment to the Kellogg and West Community Improvement District (District IV)

INITIATED BY: Office of Economic Development

AGENDA: New Business ______

Recommendation: Close the public hearing, place the ordinance on first reading and approve the amendment to the development agreement.

Background: On September 8, 2015, The City Council established the Kellogg and West Community Improvement District to encourage redevelopment of the area north of Kellogg, along West Street. On October 17, 2017, the City Council accepted a petition and adopted a resolution setting a public hearing for November 7th to consider an amendment to the district and expansion of the boundaries.

Analysis: The Kellogg and West CID boundaries excluded adjacent properties not owned by the Developer in order to match the City’s requirement for a 100% petition. The Developer has purchased the parcels originally excluded from the district and one additional parcel on the west end of the district. The Developer would like to include those parcels in the CID boundaries to allow for collection of the sales tax as well as use of CID funds for improvements within those additional parcels.

Public Purpose Statement: The public purpose of the project is to provide for the construction of critical infrastructure and other improvements to contribute to the revitalization, growth and economic development of an important City corridor, West Street.

Development Agreement: The proposed amendment requests an increase in the eligible amount and amends the boundaries to include the additional property. The originally approved CID eligible amount was $8,326,250. With the additional property and anticipated additional development the petition raises the eligible CID amount to $13,865,163. CID can be used for land acquisition, building demolition and construction, site work and engineering costs. CID cannot be used for the acquisition and improvements that occurred prior to November 7, 2017 to the building located at 4500 W. Kellogg Drive (Sketchers). The amount of CID sales tax for the district will remain one percent, which will be distributed on a pay- as-you-go basis and the district life will not be extended past the original 22 years, terminating in 2038.

The Developer has agreed to complete milestones of either demolition, renovation of an existing structure or new construction in the additional area every 15 months. All CID improvements will be substantially complete within 60 months from execution of the amended agreement. New construction will include a minimum of 18,000 square feet of commercial space within the Kellogg Drive frontage. The Developer will also either substantially rehabilitate a minimum of 60,000 square feet of the former K-Mart building or demolish and construct a minimum of 60,000 square feet of new commercial space on the K-Mart parcel.

The term of the CID will not be extended and will terminate in 2038. The relocation restriction remains unchanged and effective until September 18, 2018. Failure to complete the project per the agreement could result in termination of the CID.

40 Kellogg and West CID Ordinance November 7, 2017 Page 2

Financial Considerations: The Developer has requested pay-as-you-go financing; therefore the City will not issue debt for this project. Proceeds will be held by the City and disbursed pursuant to the development agreement. The City will withhold five percent (5%) of the CID revenues distributed by the state as an administrative service fee and disburse the balance of the CID proceeds to the developer until the maximum amount identified in the petition ($13,865,163) has been reimbursed or the 22-year term has expired, whichever is earlier.

Legal Considerations: Copies of the resolution setting the public hearing were mailed to all owners and occupants of property in the district and published twice in the City’s official newspaper according to state law. The ordinance and development agreement have been approved as to form by the Law Department.

Recommendation/Action: It is recommended that the City Council close the public hearing, place on first reading the ordinance amending the Kellogg and West Community Improvement District, and approve the development agreement.

Attachments: Ordinance and development agreement

41 DEVELOPMENT AGREEMENT AMENDMENT

THIS DEVELOPMENT AGREEMENT AMENDMENT (“Amendment”), is made and entered into as of November 7, 2017, by and among the CITY OF WICHITA, KANSAS, a municipal corporation duly organized under the laws of the State of Kansas (the “City”), KELLOGG AND WEST, LLC, a Kansas limited liability company (“Kellogg”) and EAST SIDE INVESTMENTS, LLC, a Kansas limited liability company (“East Side”) (Kellogg and East Side are individually and collectively referred to as the “Developer”) (the Developer and the City are collectively referred to as the “Parties” and each a “Party”).

RECITALS

A. The Parties entered into that certain Development Agreement dated as of September 18, 2015 (the “Development Agreement”), concerning the development of the community improvement district (the “District”) created by the City through the adoption of Ordinance No. 50-079.

B. On or about October 6, 2017, Kellogg, East Side, and APOE Properties III, LLC, presented a Petition for the Amendment of a Community Improvement District (the “Amendment Petition”) to the City requesting that the City add additional land area to the District.

C. As a condition to the City’s enlargement of the District pursuant to the Amendment Petition, Developer and City agree to amend the Development Agreement as follows:

(i) Developer will construct an additional 18,000 square feet of commercial space with Kellogg Drive frontage within the District;

(ii) At the former K-Mart site located at 4200 W. Kellogg Drive, Developer will either (a) substantially rehabilitate a minimum 60,000 square feet of commercial space, or (b) demolish the existing building and construct a minimum 60,000 square feet of new commercial space;

(iii) Developer will achieve specified milestones for demolition, renovation, or new construction every 15 months;

(iv) the deadline for completion of all CID improvements will not be extended;

(v) costs incurred to improve property prior to that property’s inclusion in the District are not eligible for reimbursement;

(vi) the respective terms of the CID Sales Tax and Development Agreement will not be extended beyond the original expiration; and

(vii) the relocation restrictions in the Development Agreement which began September 18, 2015, and expire September 18, 2018, will apply to the additional land area added to the District.

JLN\600809.70403\2017 AMENDMENTS\DEVELOPMENT AGREEMENT AMENDMENT (10-12-17) 42 D. The City, after duly calling and holding a public hearing on the matter, enlarged the District by adoption of Ordinance No. [__-___] on November 7, 2017.

E. Due to the additional land area added to the District in accordance with the Amendment Petition, the Parties desire to amend the Development Agreement as set forth in this Amendment.

F. Capitalized terms used but not defined in this Amendment have the meanings set forth in the Development Agreement.

NOW, THEREFORE, in consideration of the foregoing and in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Amendment. The Development Agreement is amended as follows:

(a) In Section 1.01 of the Development Agreement, the following definitions are replaced in their entirety as follows:

“CID Costs Cap” means $13,865,164, as more particularly set forth on Exhibit C hereto, which shall apply to the actual costs of the CID Improvements and the Other Eligible Expenses, but will not apply to the City’s Administrative Service Fee.

“CID Ordinance” means, collectively: (a) Ordinance No. 50-079, adopted by the City on September 15, 2015 and published on September 18, 2015; and (b) Ordinance No. [__-___], adopted by the City on November 7, 2017 and published on November 10, 2017.

“Petition” means, collectively: (a) the petition submitted to the City by the Developer and AH Property Management, LLC on or about June 24, 2015 requesting the formation of a community improvement district, and (b) the petition submitted to the City by the Developer and APOE Properties III, LLC, requesting an amendment to the District; all as attached hereto as Exhibit A.

“Project” means the design, engineering and construction of certain public and private improvements to the real property within the District, including but not limited to (a) a minimum 18,000 square feet of new commercial space with Kellogg Drive frontage constructed in the District after October 1, 2017, and (b) a minimum 60,000 square feet of newly constructed (after demolition of existing structure) or substantially rehabilitated commercial space located on the former K-Mart site at 4200 W. Kellogg Drive.

(b) Section 3.17 of the Development Agreement is replaced in its entirety as follows:

Section 3.17. Relocation Restrictions. For a period of three (3) years beginning September 18, 2015, the Developer shall present to the City a written description of only those potential retailers or restaurants to be located on land within the District for which

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2 43 the Developer has or will be reimbursed its land acquisition costs in accordance with Section 4.05 hereof (the “Restricted Property”). Such description shall be presented to the City within thirty (30) days prior to the date when the Developer expects to enter into any legal obligation for the purchase and/or lease of such Restricted Property. The City shall have the absolute right to refuse any retailer and/or restaurant presented by the Developer on the Restricted Property to the extent that such proposed retailer and/or restaurant would constitute a relocation of such retailer and/or restaurant of an existing business within three (3) miles of the District boundaries. If the City Representative does not provide a written objection to Developer within fifteen (15) business days of presentment, such non-response shall constitute a waiver of any objection to Developer’s proposed sale or lease.

(c) Exhibit A to the Development Agreement is amended by adding the Amendment Petition attached as Exhibit A to this Amendment.

(d) Exhibit B to the Development Agreement is replaced in its entirety with Exhibit B attached to this Amendment.

(e) Exhibit C to the Development Agreement is replaced in its entirety with Exhibit C attached to this Amendment.

(f) Exhibit E to the Development Agreement is replaced in its entirety with Exhibit E attached to this Amendment.

(g) Exhibit G to the Development Agreement is replaced in its entirety with Exhibit G attached to this Amendment.

(h) Exhibit J to the Development Agreement is replaced in its entirety with Exhibit J attached to this Amendment.

(i) The map contained in Exhibit K to the Development Agreement is replaced in its entirety with “[INTENTIONALLY OMITTED]”.

2. Ratification. The remainder of the terms of the Development Agreement are hereby ratified and confirmed by each of the Parties.

3. No Default. Each Party represents and warrants that no default or Event of Default has occurred and is continuing, and no event has occurred and is continuing which with the lapse of time or the giving of notice, or both, would constitute a default or an Event of Default in any material respect on the part of such Party under the Development Agreement.

4. No Other Agreement. The Development Agreement and this Amendment and all documents incorporated by reference supersede all prior agreements, negotiations and discussions, both written and oral, relative to the Project and is a full integration of the agreement of the Parties.

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5. Electronic Transactions. The transaction described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law.

6. Counterparts. This Amendment may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same agreement.

[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]

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IN WITNESS WHEREOF, the City and the Developer have duly executed this Amendment pursuant to all requisite authorizations as of the date first above written.

CITY OF WICHITA, KANSAS

By: Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, Director of Law and City Attorney

STATE OF KANSAS ) ) ss. COUNTY OF SEDGWICK )

On this ____ day of , 20___, before me personally appeared Jeff Longwell, personally known, who being by me duly sworn did say that he is the Mayor of the City of Wichita, Kansas, and that said instrument was signed and delivered on behalf of said municipal corporation and acknowledged to me that he executed the same as the free act and deed of said municipal corporation.

In Testimony Whereof, I have hereunto set my hand and affixed my official seal the day and year first above written.

Notary Public

[SEAL]

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(City Signature page to Development Agreement Amendment) 46

KELLOGG AND WEST, LLC

By: Name: Title:

STATE OF KANSAS ) ) ss. COUNTY OF SEDGWICK )

On this ____ day of , 20___, before me personally appeared to me personally known, who being by me duly sworn did say that he/she is the of Kellogg and West, LLC, and that said instrument was signed and delivered on behalf of said limited liability company and acknowledged to me that he/she executed the same as the free act and deed of said limited liability company.

In Testimony Whereof, I have hereunto set my hand and affixed my official seal the day and year first above written.

Notary Public

[SEAL]

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(Kellogg Signature Page to Development Agreement Amendment) 47

EAST SIDE INVESTMENTS, LLC

By: Name: Title:

STATE OF KANSAS ) ) ss. COUNTY OF SEDGWICK )

On this ____ day of , 20___, before me personally appeared to me personally known, who being by me duly sworn did say that he/she is the of East Side Investments, LLC, and that said instrument was signed and delivered on behalf of said limited liability company and acknowledged to me that he/she executed the same as the free act and deed of said limited liability company.

In Testimony Whereof, I have hereunto set my hand and affixed my official seal the day and year first above written.

Notary Public

[SEAL]

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(East Side Signature Page to Development Agreement Amendment) 48

EXHIBIT A

CID PETITION

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A-1 49

EXHIBIT B

LEGAL DESCRIPTION AND MAP EXHIBIT OF DISTRICT

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B-1 50

THENCE EAST ALONG THE NORTH LINE OF SAID LOT 3 TO THE NORTHEAST CORNER OF SAID LOT 3; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 3, EXTENDED TO THE EAST RIGHT OF WAY LINE OF TRACEY STREET; THENCE NORTH ALONG SAID EAST LINE OF TRACEY STREET TO A POINT OF INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF UNIVERSITY (NOW TAFT) STREET; THENCE EAST ALONG SAID NORTH RIGHT OF WAY LINE OF TAFT STREET TO A POINT OF INTERSECTION WITH THE PROLONGATION OF THE EAST RIGHT OF WAY LINE OF FLORENCE STREET; THENCE SOUTH ALONG SAID PROLONGATION OF THE EAST RIGHT OF WAY LINE OF FLORENCE STREET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF EUREKA ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS; THENCE EAST ALONG SAID SOUTH LINE OF EUREKA ADDITION TO POINT OF INTERSECTION WITH WEST LINE EXTENDED OF STARBUCKS ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS; THENCE SOUTH ALONG SAID WEST LINE EXTENDED OF STARBUCKS ADDITION TO THE SOUTHWEST CORNER OF STARBUCKS ADDITION; THENCE EAST ALONG THE SOUTH LINE OF SAID STARBUCKS ADDITION TO A POINT OF INTERSECTION WITH THE WEST LINE OF A TRACT OF LAND IN SEDGWICK COUNTY, KANSAS, DESCRIBED AS THE EAST 284 FEET OF THE NORTH 15 FEET 6 INCHES OF THE SE ¼ OF THE SE ¼ OF THE NE ¼, SECTION 26, TOWNSHIP 27 SOUTH, RANGE 1 WEST OF THE SIXTH P.M. LESS THAT PART DEEDED TO CITY FOR HIGHWAY RIGHT OF WAY, SAID TRACT HAVING A SEDGWICK COUNTY PARCEL IDENTIFICATION NUMBER OF 00528856; THENCE SOUTH ALONG THE WEST LINE OF SAID TRACT OF LAND HAVING A SEDGWICK COUNTY PARCEL IDENTIFICATION NUMBER OF 00528856 TO THE SOUTHWEST CORNER THEREOF; THENCE EAST ALONG THE SOUTH LINE OF SAID TRACT OF LAND HAVING A SEDGWICK COUNTY PARCEL IDENTIFICATION NUMBER OF 00528856 TO THE WEST RIGHT OF WAY LINE WITH WEST STREET; THENCE NORTH ALONG THE WEST RIGHT OF WAY LINE OF WEST STREET TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF TAFT STREET; THENCE WEST ALONG THE SOUTH RIGHT OF WAY LINE OF TAFT STREET FOR A DISTANCE OF 200 FEET; THENCE NORTH TO A POINT OF INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF TAFT STREET; THENCE EAST, ALONG SAID NORTH RIGHT OF WAY LINE OF TAFT STREET TO A POINT OF INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF WEST STREET; THENCE NORTH, ALONG THE WEST RIGHT OF WAY LINE OF WEST STREET FOR A DISTANCE OF 200 FEET; THENCE EAST TO A POINT OF INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF WEST STREET; THENCE SOUTH ALONG THE EAST RIGHT OF WAY LINE OF WEST STREET TO A POINT OF INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF TAFT STREET; THENCE EAST ALONG THE NORTH RIGHT OF WAY LINE OF TAFT STREET FOR A DISTANCE OF 200 FEET;

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B-2 51

THENCE SOUTH TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF TAFT STREET; THENCE WEST ALONG THE SOUTH RIGHT OF WAY LINE OF TAFT STREET TO A POINT OF INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF WEST STREET; THENCE SOUTH ALONG THE EAST RIGHT OF WAY LINE OF WEST STREET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF LOT 7, BLOCK 1, EUREKA GARDENS ADDITION TO SEDGWICK COUNTY, KANSAS; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 7 TO THE SOUTHEAST CORNER OF LOT 7, SAID SOUTHEAST CORNER OF LOT 7 ALSO BEING THE NORTHEAST CORNER OF LOT 8, BLOCK 1 IN SAID EUREKA GARDENS ADDITION; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 8 TO THE SOUTHEAST CORNER OF SAID LOT 8, SAID SOUTHEAST CORNER ALSO BEING THE NORTHEAST CORNER OF LOT 9, BLOCK 1, EUREKA GARDENS ADDITION; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 9 TO THE SOUTHEAST CORNER OF SAID LOT 9, SAID SOUTHEAST CORNER ALSO BEING THE NORTHWEST CORNER OF LOT 20, BLOCK 1, EUREKA GARDENS ADDITION; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 20 TO THE NORTHWEST CORNER OF BONANZA ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS, SAID NORTHWEST CORNER ALSO BEING THE WEST RIGHT OF WAY LINE OF ILLINOIS STREET; THENCE CONTINUING EAST ALONG THE NORTH LINE OF SAID BONANZA ADDITION TO THE NORTHERLY MOST NORTHWEST CORNER OF LOT 1 IN SAID BONANZA ADDITION, SAID NORTHWEST CORNER ALSO LYING ON THE EAST RIGHT OF WAY LINE OF ILLINOIS STREET; THENCE SOUTH ALONG THE EAST RIGHT OF WAY LINE OF ILLINOIS STREET TO THE SOUTH LINE OF ILLINOIS STREET AS PLATTED IN SAID BONANZA ADDITION; THENCE WEST ALONG THE SOUTH RIGHT OF WAY LINE OF ILLINOIS STREET TO THE SOUTHERLY MOST NORTHWEST CORNER OF SAID LOT 1, BONANZA ADDITION, SAID NORTHWEST CORNER ALSO LYING ON THE NORTH LINE OF PARKWAY ADDITION; THENCE SOUTH ALONG THE WEST LINE OF BONANZA ADDITION TO THE NORTH RIGHT OF WAY LINE OF KELLOGG DRIVE; THENCE EAST ALONG THE NORTH RIGHT OF WAY LINE OF KELLOGG DRIVE FOR A DISTANCE OF 300 FEET; THENCE SOUTH TO A POINT OF INTERSECTION WITH THE CENTERLINE OF U.S. 54 HIGHWAY; THENCE WEST ALONG THE CENTERLINE OF U. S. 54 HIGHWAY TO THE POINT OF BEGINNING.

SAID DISTRICT CONTAINS 36 ACRES, MORE OR LESS.

AND

Any and all public right-of-way immediately adjacent to the above-described land.

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B-3 52

EXHIBIT C

PROJECT BUDGET/CID COSTS

Project Cost Total Cost CID Costs*

Land Acquisition $ 6,625,000 $5,850,000

Building Demo/Construction/Renovation 13,555,000 4,614,568 Public Infrastructure Improvements - Potential Traffic Signalization and Related Improvements 350,000 350,000

Site Work 2,650,000 2,650,000

Engineering/Legal/Land Planning/Environmental 700,596 400,596

TOTAL $23,880,596 $13,865,164

* There shall be no cap upon line items in the Project Budget and the Developer shall be permitted to adjust the amounts estimated as CID Costs within and between each line item, so long as the total amount of CID Costs requested for reimbursement through CID Sales Tax revenues does not exceed the CID Costs Cap; provided however, the amount of Public Infrastructure Improvements shall not be reduced below what is set forth above without consent of the City.

** Costs associated with the acquisition and remodel of the Sketchers store located at 4500 W. Kellogg Drive that were incurred prior to November 7, 2017 are not eligible CID Costs, as the work was completed prior to the property’s inclusion in the District.

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EXHIBIT E

PROJECT MILESTONES AND SCHEDULE

Date Obligation October 1, 2016 Demolish or substantially rehabilitate*, or cause the demolition or substantial rehabilitation, of one building** within the District, which Project milestone the City acknowledges and agrees has been completed April 1, 2017 Expend a minimum of $250,000 in CID Costs excluding costs for demolition and land acquisition, which Project milestone the City acknowledges and agrees has been completed October 1, 2017 Demolish or substantially rehabilitate, or cause the demolition or substantial rehabilitation, of one additional building** within the District, which Project milestone the City acknowledges and agrees has been completed October 1, 2018 Demolish or substantially rehabilitate, or cause the demolition or substantial rehabilitation, of the remaining building listed below**, which Project milestone the City acknowledges and agrees has been completed April 1, 2019 (a) Demolish, or cause the demolition of, one additional building within the District; (b) Substantially rehabilitate, or cause the substantial rehabilitation of, one additional building within the District; or (c) construct, or cause to be constructed, all or a definable portion of the Additional Commercial Space*** July 1, 2020 (a) Demolish, or cause the demolition of, one additional building within the District; (b) Substantially rehabilitate, or cause the substantial rehabilitation of, one additional building within the District; or (c) construct, or cause to be constructed, all or a definable portion of the Additional Commercial Space*** October 1, 2021 (a) Demolish, or cause the demolition of, one additional building within the District; (b) Substantially rehabilitate, or cause the substantial rehabilitation of, one additional building within the District; or (c) construct, or cause to be constructed, all or a definable portion of the Additional Commercial Space*** Not Later than December 31, 2022 Substantial Completion of CID Improvements, including the Additional Commercial Space***

*For purposes of the Project Schedule and Project Milestones, “substantially rehabilitate” shall mean rehabilitation of an existing structure in an amount no less than $350,000.

**The buildings anticipated to be demolished in accordance with the Project Milestones are located at the following addresses:

636 S. West Street, Wichita, KS 67213 610 S. West Street, Wichita, KS 67213 656 S. West Street, Wichita, KS 67213

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E-1 54

***For purposes of the Project Schedule and Milestones, “Additional Commercial Space” means: (a) a minimum 18,000 square feet of new commercial space with Kellogg Drive frontage constructed in the District after October 1, 2017; and (b) a minimum 60,000 square feet of newly constructed (after demolition of existing structure) or substantially rehabilitated commercial space located on the former K- Mart site at 4200 W. Kellogg Drive.

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E-2 55

EXHIBIT G

SITE PLAN

NOTE: The following two (2) concept plans are representative only, and in no way bind the Developer to any particular location, size, type, or other characteristic with respect to any CID Improvement, or other improvement comprising the Project; provided, however, the Project shall otherwise be prosecuted substantially in accordance this Agreement (as the same may be amended from time to time). Developer agrees to provide the City with revised Site Plans as often as necessary to reflect Developer’s expectations for the Project, but no less often than the start of construction of improvements that are substantially different than shown on the most recent plans submitted to the City.

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G-1 56

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G-2 57

EXHIBIT J

LAND USE RESTRICTIONS

1. Adult Book and Video Stores 2. Community Correctional Phase I 3. Half-way Houses 4. Drug or Alcohol Rehabilitation Phase I 5. Used Car Lots 6. Multi-game, Casino-style Gambling Phase I 7. Commercial Billboards (other than commercial billboards existing within the District as of November 7, 2017)

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J-1 58 EXCERPT OF MINUTES OF A MEETING OF THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS HELD ON NOVEMBER 7, 2017

The governing body of the City of Wichita, Kansas met in regular session at the usual meeting place in the City, at 9:00 a.m., the following members being present and participating, to-wit:

Absent:

The Mayor declared that a quorum was present and called the meeting to order.

* * * * * * * * * * * * * *

(Other Proceedings)

Among other business, in accordance with notice published on October 20, 2017 and October 27, 2017, in the Wichita Eagle, a public hearing was held by the governing body relating on the advisability of amending the Kellogg and West Community Improvement District, approving proposed amendments to the CID Project, and imposing a CID Sales Tax in the amount of 1.00% in the amended Kellogg and West Community Improvement District. All interested persons were afforded an opportunity to present their views on such matters. Thereupon, the public hearing was closed.

Thereupon, there was presented for first reading an Ordinance entitled:

AN ORDINANCE OF THE CITY OF WICHITA AMENDING THE KELLOGG AND WEST COMMUNITY IMPROVEMENT DISTRICT; AUTHORIZING THE MAKING OF CERTAIN PROJECT IMPROVEMENTS RELATING THERETO; APPROVING THE ESTIMATED COSTS OF SUCH PROJECT IMPROVEMENTS; LEVYING A 1.00% CID SALES TAX AND PROVIDING FOR THE METHOD OF FINANCING THE SAME; AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE DEVELOPMENT AGREEMENT RELATING THERETO.

Thereupon, Councilmember ______moved that said Ordinance be passed. The motion was seconded by Councilmember ______. Said Ordinance was duly read and considered, and upon being put, the motion for the passage upon first reading of said Ordinance was carried by not less than 2/3rds vote of the members-elect of the governing body, the vote being as follows:

Aye:

Nay:

* * * * * * * * * * * * * *

(Other Proceedings)

* * * * * * * * * * * * * * JLN\600809.70403\AMENDING CID ORDINANCE (10-25-17)

CERTIFICATE

[SEAL] ______Karen Sublett, City Clerk

JLN\600809.70403\AMENDING CID ORDINANCE

(Clerk’s Certification of Minutes)

EXCERPT OF MINUTES OF A MEETING OF THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS HELD ON NOVEMBER 21, 2017

The governing body of the City of Wichita, Kansas met in regular session at the usual meeting place in the City, at 9:00 a.m., the following members being present and participating, to-wit:

Absent:

The Mayor declared that a quorum was present and called the meeting to order.

* * * * * * * * * * * * * *

(Other Proceedings)

Thereupon, there was presented for second reading on the governing body’s consent agenda an Ordinance entitled:

Thereupon, Councilmember ______moved that the consent agenda be passed. The motion was seconded by Councilmember ______. The motion that the consent agenda be passed, including final passage of said Ordinance, was carried by was carried by not less than 2/3rds vote of the members-elect of the governing body, the vote being as follows:

Aye:

Nay:

Thereupon, the Ordinance was then duly numbered Ordinance No. 50-608, was signed by the Mayor and attested by the Clerk, and the Ordinance was directed to be published one time in the official newspaper of the City and recorded with the Sedgwick County Register of Deeds.

(Other Proceedings)

* * * * * * * * * * * * * *

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CERTIFICATE

[SEAL] ______Karen Sublett, City Clerk

JLN\600809.70403\AMENDING CID ORDINANCE (Clerk’s Certification of Minutes)

Gilmore & Bell, P.C. 10/25/2017

(PUBLISHED IN THE WICHITA EAGLE ON NOVEMBER [27], 2017)

ORDINANCE NO. 50-607

WHEREAS, the City of Wichita, Kansas (the “City”) is a municipal corporation duly organized and validly existing under the laws of the State of Kansas (the “State”) as a city of the first class; and

WHEREAS, the provisions of K.S.A. 12-6a26 et seq., as amended, (the “CID Act”) set forth the procedure for the establishment of a community improvement district (“CID”); and

WHEREAS, the City approved the creation of a community improvement district (the “Kellogg and West CID”) and the imposition of a one percent (1%) community improvement district sales tax (the “CID Sales Tax”) within the Kellogg and West CID through the adoption of Ordinance 50-079, which became effective upon publication on September 18, 2015; and

WHEREAS, a petition (the “Petition”) was filed with the City Clerk requesting the Kellogg and West CID be amended by adding additional land area (as more particularly described herein, the “Additional Land”); and

WHEREAS, the Petition was signed by the owners of all land and all of the assessed value within the Kellogg and West CID, including the Additional Land, except for adjacent public right-of-way; and

WHEREAS, the CID Act provides that prior to creating or amending any CID, the Governing Body shall, by resolution, direct and order a public hearing on the advisability of creation or amendment of such CID and the construction and expenditure of costs of community improvement district projects relating thereto, and give notice of the hearing by publication once each week for two consecutive weeks in the official City newspaper, the second publication to be at least seven days prior to the hearing, and by the mailing of notice to the owners of property within the proposed CID; and

WHEREAS, the City Council of the City (the “Governing Body”) adopted Resolution No. 17-368 (the “Resolution”) on October 17, 2017, directing that a public hearing on the proposed amendments to the Kellogg and West CID be held on November 7, 2017, and requiring that the City Clerk provide for notice of such public hearing as set forth in the Act; and

WHEREAS; the Resolution was published once each week for two consecutive weeks in the official City newspaper and notice of the hearing was given to all property owners within the Kellogg and West CID, including the Additional Land (the “Expanded Kellogg and West CID”), as required by the CID Act; and

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WHEREAS, the CID Act further authorizes the City, in order to pay the costs of such projects, to impose a community improvement district sales tax on the selling of tangible personal property at retail or rendering or furnishing of taxable services within a CID in any increment of .10% or .25% not to exceed 2.0% and to reimburse the costs of community improvement district projects from community improvement district sales tax; and

WHEREAS, on November 7, 2017, the Governing Body of the City conducted a public hearing on the proposed amendment to the Kellogg and West CID, the proposed community improvement district projects related thereto, the method of financing the same and the imposition of the one-percent (1.0%) CID Sales Tax within the Additional Land; and

WHEREAS, the Governing Body of the City hereby finds and determines it to be advisable to amend the Kellogg and West CID and set forth the expanded boundaries thereof, authorize the amendments to the CID Project set forth in the Petition, and levy the CID Sales Tax in the Additional Land, all in accordance with the provisions of the CID Act; and

WHEREAS, the City has entered into a Development Agreement dated as of September 18, 2015 (the “Development Agreement”), between the City and Kellogg and West, LLC and East Side Investment, LLC (collectively, the “Developer”) relating to the CID Project; and

WHEREAS, the City has negotiated an amendment to the Development Agreement (the “Agreement”), between the City and Developer related to the amendments to the CID Project set forth in the Petition (the “Amendment”); and

WHEREAS, the Governing Body desires to approve the Amendment to the Development Agreement.

WHEREAS, a notice of a public hearing regarding the Amendment to the Development Agreement City has been published in the official City newspaper in accordance with Charter Ordinance No. 203 of the City.

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

Section 1. Amendment of the Kellogg and West CID District. The Governing Body hereby finds and determines that the Petition is sufficient and that all notices required to be given under the CID Act were given in accordance with the CID Act. The Governing Body hereby finds and determines it is advisable to amend the Kellogg and West CID within the City and approve the addition of the Additional Land to the boundaries thereof, and, as such, hereby amends the Kellogg and West CID and approves the addition of the Additional Land thereto. A legal description of the property within the Kellogg and West CID, including the Additional Land (the “Expanded Kellogg and West CID”) is set forth in Exhibit B attached hereto and incorporated by reference. A map generally outlining the boundaries of the Expanded Kellogg and West CID is attached hereto as Exhibit C and incorporated herein by reference.

Section 2. Authorization of Amendments to the CID Project. The Governing Body hereby finds and determines that it is advisable to authorize the amendments to the CID Project set forth in the Petition and described on the attached Exhibit A, incorporated herein by reference, and as such authorizes the amendment to the CID Project.

JLN\600809.70403\AMENDING CID ORDINANCE (10-25-17)

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Section 3. Estimated Cost. The estimated cost of the amendments to the CID Project is $7,280,596. The total estimated cost of the CID Project, including the amendments, is $23,880,596.

Section 4. Method of Financing. The CID Project, including the amendments thereto, will be financed on a pay-as-you-go basis from revenues received from the imposition the CID Sales Tax on the selling of tangible personal property at retail or rendering or furnishing services taxable pursuant to the provisions of the Kansas retailers’ sales tax act within the Expanded Kellogg and West CID. There will be no special assessments levied pursuant to the CID Act within the boundaries of the Expanded Kellogg and West CID. There will be no bonds issued pursuant to the CID Act.

Section 5. Imposition of the Community Improvement District Sales Tax. In order to provide for the payment of costs of the amendments to the CID Project on a pay-as-you-go basis, the Governing Body hereby imposes the CID Sales Tax within the Additional Land, in an amount of one percent (1%) on the selling of tangible personal property at retail or rendering or furnishing services taxable pursuant to the Kansas retailers’ sales tax act within the Additional Land, with such CID Sales Tax to commence as soon as possible after submission of notice to the Kansas Department of Revenue (the “KDOR”). Such notice shall include submittal by the City of a certified copy of this ordinance to the KDOR following publication of this ordinance. Such CID Sales Tax within the Additional Land shall expire on the same date as the CID Sales Tax within the Kellogg and West CID (prior to expansion) expires.

Section 6. Collection of the Sales Tax. The collection of the CID Sales Tax shall be made in the manner presented in the CID Act

Section 7. Segregation of the Sales Tax Revenues. All revenues derived from the collection of the CID Sales Tax shall be deposited into the special fund of the City designated as the Kellogg and West CID Sales Tax Revenue Fund. Such revenues shall be used to pay the costs of the CID Project, as amended, on a pay-as-you-go basis and related expenses, including administrative fees and reimbursement to be paid to the State of Kansas and to the City.

Section 8. Amendment to Development Agreement. The Amendment to the Development Agreement is hereby approved in substantially the form presented to the Governing Body, with such changes as may be approved by the City Attorney. The Mayor is hereby authorized to execute the Development Agreement by and on behalf of the City and the City Clerk is hereby authorized to attest such signature.

Section 9. Effective Date. This Ordinance shall take effect from and after its final passage by the Governing Body, and its publication once in the official newspaper of the City.

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PASSED by not less than 2/3rds vote of the members-elect of the City Council of the City on November 21, 2017 and SIGNED by the Mayor.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, Director of Law and City Attorney

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JLN\600809.70403\AMENDING CID ORDINANCE

(Signature Page to Ordinance) 66

CERTIFICATE

I hereby certify that the foregoing is a true and correct copy of the original ordinance; that said Ordinance was passed on November 21, 2017; that the record of the final vote on its passage is found on page [____] of journal [____]; and that the Ordinance or a summary thereof was published in The Wichita Eagle on November __, 2017.

DATED: November __, 2017.

Karen Sublett, City Clerk

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JLN\600809.70403\AMENDING CID ORDINANCE

(Clerk’s Certification of Ordinance)

EXHIBIT A

CID PROJECT

On September 15, 2015, the City approved the creation of a community improvement district through the adoption of Ordinance No. 50-079, which became effective upon publication on September 18, 2015. The general nature of the project (the “CID Project”) is to promote the redevelopment and revitalization of the Kellogg & West corridor, as is more particularly described herein, by providing community improvement district financing in accordance with the petition, the Act, and with City of Wichita policy to finance the demolition, construction, maintenance, and procurement of certain improvements, costs, and services within the District, including, but not limited to: land acquisition, infrastructure related items, streets, potential traffic signal on West Street, sidewalks, parking lots and facilities, buildings, facilities, tenant improvements, water management and drainage related items, landscaping, lighting, art, water features and other cultural amenities, ongoing maintenance of the District, marketing, advertisement and economic development, cleaning and maintenance, and the City’s and the developer’s administrative costs in establishing and maintaining the District, and any other items permitted to be financed within the District under the Act. The amendment to the previously created community improvement district will add additional land area without changing the CID Project’s general nature.

JLN\600809.70403\AMENDING CID ORDINANCE (10-25-17) A-1

EXHIBIT B

Legal Description of Kellogg and West CID (as amended)

A TRACT OF LAND LOCATED IN SEDGWICK COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 27 SOUTH, RANGE 1 WEST OF THE SIXTH PRINCIPLE MERIDIAN, AND THE CENTERLINE OF U.S. 54 HIGHWAY (COMMONLY KNOWN AS KELLOGG AVENUE); THENCE WEST ALONG SAID CENTERLINE OF U.S. 54 HIGHWAY TO A POINT OF INTERSECTION WITH THE WEST LINE, EXTENDED, LOT 2, BLOCK 1, KELLOGG WEST SQUARE ADDITION, AN ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS; THENCE NORTH ALONG SAID WEST LINE EXTENDED OF SAID LOT 2 TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 2 TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 2 TO THE NORTHWEST CORNER OF LOT 3, BLOCK 1, IN SAID KELLOGG WEST SQUARE ADDITION; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 3 TO THE NORTHEAST CORNER OF SAID LOT 3; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 3, EXTENDED TO THE EAST RIGHT OF WAY LINE OF TRACEY STREET; THENCE NORTH ALONG SAID EAST LINE OF TRACEY STREET TO A POINT OF INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF UNIVERSITY (NOW TAFT) STREET; THENCE EAST ALONG SAID NORTH RIGHT OF WAY LINE OF TAFT STREET TO A POINT OF INTERSECTION WITH THE PROLONGATION OF THE EAST RIGHT OF WAY LINE OF FLORENCE STREET; THENCE SOUTH ALONG SAID PROLONGATION OF THE EAST RIGHT OF WAY LINE OF FLORENCE STREET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF EUREKA ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS; THENCE EAST ALONG SAID SOUTH LINE OF EUREKA ADDITION TO POINT OF INTERSECTION WITH WEST LINE EXTENDED OF STARBUCKS ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS; THENCE SOUTH ALONG SAID WEST LINE EXTENDED OF STARBUCKS ADDITION TO THE SOUTHWEST CORNER OF STARBUCKS ADDITION; THENCE EAST ALONG THE SOUTH LINE OF SAID STARBUCKS ADDITION TO A POINT OF INTERSECTION WITH THE WEST LINE OF A TRACT OF LAND IN SEDGWICK COUNTY, KANSAS, DESCRIBED AS THE EAST 284 FEET OF THE NORTH 15 FEET 6 INCHES OF THE SE ¼ OF THE SE ¼ OF THE NE ¼, SECTION 26, TOWNSHIP 27 SOUTH, RANGE 1 WEST OF THE SIXTH P.M. LESS THAT PART DEEDED TO CITY FOR HIGHWAY RIGHT OF WAY, SAID TRACT HAVING A SEDGWICK COUNTY PARCEL IDENTIFICATION NUMBER OF 00528856; THENCE SOUTH ALONG THE WEST LINE OF SAID TRACT OF LAND HAVING A SEDGWICK COUNTY PARCEL IDENTIFICATION NUMBER OF 00528856 TO THE SOUTHWEST CORNER THEREOF; THENCE EAST ALONG THE SOUTH LINE OF SAID TRACT OF LAND HAVING A SEDGWICK COUNTY PARCEL IDENTIFICATION NUMBER OF 00528856 TO THE WEST RIGHT OF WAY LINE WITH WEST STREET; THENCE NORTH ALONG THE WEST RIGHT OF WAY LINE OF WEST STREET TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF TAFT STREET; THENCE WEST ALONG THE SOUTH RIGHT OF WAY LINE OF TAFT STREET FOR A DISTANCE OF 200 FEET; THENCE NORTH TO A POINT OF INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF TAFT STREET; THENCE EAST, ALONG SAID NORTH RIGHT OF WAY LINE OF TAFT STREET TO A POINT OF INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF WEST STREET; THENCE NORTH, ALONG THE WEST RIGHT OF WAY LINE OF WEST STREET FOR A DISTANCE OF 200 FEET; THENCE EAST TO A POINT OF INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF WEST STREET; THENCE SOUTH ALONG THE EAST RIGHT OF WAY LINE OF WEST STREET TO A POINT OF INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF TAFT STREET;

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B-1 69

THENCE EAST ALONG THE NORTH RIGHT OF WAY LINE OF TAFT STREET FOR A DISTANCE OF 200 FEET; THENCE SOUTH TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF TAFT STREET; THENCE WEST ALONG THE SOUTH RIGHT OF WAY LINE OF TAFT STREET TO A POINT OF INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF WEST STREET; THENCE SOUTH ALONG THE EAST RIGHT OF WAY LINE OF WEST STREET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF LOT 7, BLOCK 1, EUREKA GARDENS ADDITION TO SEDGWICK COUNTY, KANSAS; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 7 TO THE SOUTHEAST CORNER OF LOT 7, SAID SOUTHEAST CORNER OF LOT 7 ALSO BEING THE NORTHEAST CORNER OF LOT 8, BLOCK 1 IN SAID EUREKA GARDENS ADDITION; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 8 TO THE SOUTHEAST CORNER OF SAID LOT 8, SAID SOUTHEAST CORNER ALSO BEING THE NORTHEAST CORNER OF LOT 9, BLOCK 1, EUREKA GARDENS ADDITION; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 9 TO THE SOUTHEAST CORNER OF SAID LOT 9, SAID SOUTHEAST CORNER ALSO BEING THE NORTHWEST CORNER OF LOT 20, BLOCK 1, EUREKA GARDENS ADDITION; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 20 TO THE NORTHWEST CORNER OF BONANZA ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS, SAID NORTHWEST CORNER ALSO BEING THE WEST RIGHT OF WAY LINE OF ILLINOIS STREET; THENCE CONTINUING EAST ALONG THE NORTH LINE OF SAID BONANZA ADDITION TO THE NORTHERLY MOST NORTHWEST CORNER OF LOT 1 IN SAID BONANZA ADDITION, SAID NORTHWEST CORNER ALSO LYING ON THE EAST RIGHT OF WAY LINE OF ILLINOIS STREET; THENCE SOUTH ALONG THE EAST RIGHT OF WAY LINE OF ILLINOIS STREET TO THE SOUTH LINE OF ILLINOIS STREET AS PLATTED IN SAID BONANZA ADDITION; THENCE WEST ALONG THE SOUTH RIGHT OF WAY LINE OF ILLINOIS STREET TO THE SOUTHERLY MOST NORTHWEST CORNER OF SAID LOT 1, BONANZA ADDITION, SAID NORTHWEST CORNER ALSO LYING ON THE NORTH LINE OF PARKWAY ADDITION; THENCE SOUTH ALONG THE WEST LINE OF BONANZA ADDITION TO THE NORTH RIGHT OF WAY LINE OF KELLOGG DRIVE; THENCE EAST ALONG THE NORTH RIGHT OF WAY LINE OF KELLOGG DRIVE FOR A DISTANCE OF 300 FEET; THENCE SOUTH TO A POINT OF INTERSECTION WITH THE CENTERLINE OF U.S. 54 HIGHWAY; THENCE WEST ALONG THE CENTERLINE OF U. S. 54 HIGHWAY TO THE POINT OF BEGINNING.

SAID DISTRICT CONTAINS 36 ACRES, MORE OR LESS.

AND

Any and all public right-of-way immediately adjacent to the above-described land.

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EXHIBIT C

Map of Kellogg and West CID Boundaries

JLN\600809.70403\AMENDING CID ORDINANCE (10-25-17) C-1

71 Agenda Item No. IV-4

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Request to Amend the Letter of Intent for Industrial Revenue Bonds (TCRS, LLC) (District IV)

INITIATED BY: Office of Economic Development

AGENDA: New Business

Recommendation: Close the public hearing and adopt the modified resolution of intent.

Background: On December 16, 2014, the City Council approved a Letter of Intent to issue Industrial Revenue Bonds (IRBs) for TCRS, LLC, a real estate development entity managed by Jeff Lange, a local business owner. The bonds were to be used to finance the construction of a speculative manufacturing, distribution and warehouse facility located at the southwest corner of MacArthur and Seneca Streets in south Wichita.

The Letter of Intent (LOI) was approved on a three-year basis in an amount not to exceed $34,000,000. TCRS, LLC was also approved for an 84% five-year tax exemption on the IRB-financed real property improvements with the second five-year exemption based upon actual performance and subject to City Council approval.

TCRS, LLC is now requesting an amendment to the IRB LOI.

Analysis: Bond proceeds were to be used to finance the costs of acquiring 52 acres of land and the construction of approximately 600,000 square feet of speculative manufacturing and warehouse space, to be built in phases, located at the southwest corner of MacArthur and Seneca Streets.

The construction of the first building is nearing completion and is approximately 104,000 square feet. The LOI to issue bonds expires December 31, 2017. Therefore, in recognition that the scope of the overall project has been scaled down from the original projections, the Letter of Intent needs to be modified to reflect the current scope of the project and to extend the LOI to May 1, 2018 to accommodate interior completion.

Two new single asset entities have been created for ownership of the project. TCRS, LLC, the entity currently approved for the LOI has a majority ownership stake in both new entities. IH1, LLC owns the land and building under the 104,000 square-foot facility. IHL, LLC owns the entry drive, utility work and drainage components. TCRS is requesting that the amended LOI reflect these new entities as the owners. Additional single asset entities could be created for potential development of the remaining lots in the Ironhorse Manufacturing Park, but would not be subject to, or benefit from, this amended LOI.

TCRS is also requesting that the not to exceed amount of the LOI be modified to $9,000,000. It is also projecting that at least 25 net new jobs at an average annual salary of at least $42,000 will be created as a result of this project. These benchmarks will be the threshold for achieving a second five-year ad- valorem tax abatement. TCRS is requesting an 84% ad valorem tax abatement, on a five plus five year basis, as originally approved in 2014.

72 TCRS, LLC Amendment to the Letter of Intent November 7 Page 2

Financial Considerations: IH1, LLC and IHL, LLC agrees to pay all costs of the City relative to the issuance of the bonds. The company also agrees to pay the City's $2,500 annual IRB administrative fee for the term of the bonds.

Based on the latest available mill levy, the estimated tax value of exempted property for the first full year of the fully completed project would be $157,518. This estimate assumes that 80% of the cost of improvements to real property will be reflected in a dollar-for-dollar increase in property value. The actual increase in valuation, if any, will be determined by the Sedgwick County Appraisers Office in the future as part of its ongoing reappraisal process. The value of an 84% real property tax exemption as applicable to taxing jurisdictions is:

City $ 43,848 State $ 2,016 County $ 39,504 USD 259 $ 72,150

Approval of the second five-year abatement period will be subject to compliance with job creation and average wage commitment, capital investment commitment and a requirement that at least 51% of exports are stored/shipped to end users outside the Wichita MSA as required by the current incentive policy.

The 16% of the project that is not abated will generate approximately $30,003 in new property tax revenue to all taxing jurisdictions during the 10 year period.

The updated benefit/cost analysis report completed using the fiscal and economic impact model of Wichita State University’s Center for Economic Development and Business Research reflects benefit/cost ratios as follows:

City of Wichita 1.37 to 1.00 City of Wichita General Fund 1.27 to 1.00 City of Wichita Debt Service Fund 1.57 to 1.00 Sedgwick County 1.27 to 1.00 USD 259 1.76 to 1.00 State of Kansas 5.23 to 1.00

Legal Considerations: Bond documents required for the issuance of the bonds will be prepared by bond counsel and will be subject to review and approval as to form by the Law Department prior to the issuance of bonds. The City’s bond counsel, Gilmore & Bell, P.C., will serve as bond counsel in the transaction. IH1, LLC and IHL, LLC agree to comply with the City’s Standard Letter of Intent Conditions.

Recommendations/Actions: It is recommended that the City Council close the public hearing and adopt the modified resolution of intent and authorizes the necessary signatures.

Attachments: Request for Amended Letter of Intent, Resolution of Intent

October 20, 2017

Mayor Jeff Longwell and Wichita City Council Members City Hall 455 N. Main Wichita, Kansas 67202

RE: REQUEST FOR AMENDED LETTER OF INTENT / RESOLUTION OF INTENT FOR AN ESTIMATED $9,000,000 INDUSTRIAL REVENUE BONDS FOR PHASE 1 OF THE IRON HORSE MANUFACTURING PARK

Dear Mayor Longwell and Wichita City Council Members:

Nearly three years ago, we shared the vision for an approximately 600,000 square foot Class A industrial park to be located at the southwest corner of MacArthur Road and Seneca Street South. At the time, we highlighted Wichita’s lack of available new or newer warehouse and other industrial space. Along with the Greater Wichita Partnership, we also emphasized the that many of the growing Wichita companies looking for new, larger buildings, as well as out-of-market companies investigating Wichita as a possible corporate home, require new space to be available or soon available and will not wait for a building to be design and constructed – they will simply move on to Kansas City or other regional markets where collectively millions of square feet of speculative industrial space is available.

In response, the City Council affirmed the need to address the deficiency of available Class A industrial space in Wichita by approving a letter of intent and resolution of intent to issue Industrial Revenue Bonds (“IRBs”) for the Iron Horse Manufacturing Park. By doing so, the City Council rightly recognized that IRBs are a critical economic development tool in today’s competitive industrial landscape that allow developers to induce tenants to stay and expand in Wichita or to bring their business to Wichita for the first time. The sales tax exemption on construction materials and ongoing property tax abatement offered by IRBs has a substantial impact on one of, if not the most significant, site differentiators for tenants – lower all-in tenant occupancy costs.

TCRS, LLC, the developer of record for Iron Horse Manufacturing Park when the City Council approved the letter of intent / Resolution of intent, has created two single purpose entities (which TCRS, LLC still controls and majority owns) to own and develop “Phase 1” of Iron Horse Manufacturing Park, as follows:

60742327.1 74 75

1. Name and Addresses of Applicant:

Owners: IH1, LLC & IHL, LLC 4911 S. Meridian Wichita, KS 67217 Telephone: (316) 529-3100 Control/Majority Ownership: TCRS, LLC (Jeff Lange, Manager)

Proposed Address: SWC MacArthur & Seneca Wichita, KS 67217

2. Amount of Bonds Requested: $9,000,000

3. Estimated Project Costs:

Land: $127,366 Site: $2,158,504 Building: $5,346,544 Soft: $1,036,306 Contingency: $331,280 Total: $9,000,000

4. Estimated Jobs/Wages (over 5 years)

• 25 FTE employees • $42,000 average wages

5. Name and address of Bond Counsel:

Kim Bell / Joe Norton Gilmore & Bell, P.C. 100 N. Main, Suite 800 Wichita, KS 67202 Telephone: (316) 303-3111 E-mail: [email protected] / [email protected]

6. Name and address of Applicant Counsel:

Curt Petersen Polsinelli PC 6201 College Boulevard, Suite 500 Overland Park, KS 66211 Telephone: (913) 451-8788 E-mail: [email protected]

60742327.1 76

7. Payment for Services

We (IH1, LLC & IHL, LLC) agree to pay all of the costs incurred by the City in connection with the issuance of Bonds. In addition we agree to pay the City's annual administrative fees.

8. Equal Employment Opportunities

We (IH1, LLC & IHL, LLC) will comply with all policies of the City of Wichita, Kansas with respect to equal employment opportunity.

9. Sale of Bonds

IH1, LLC will purchase all Phase 1 bonds.

60742327.1 77

Exhibit A

60742327.1 78 Gilmore & Bell, P.C. 10/27/2017

RESOLUTION NO. 17-[___]

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS AMENDING RESOLUTION NO. 14-374 AND PROVIDING FOR AN AMENDMENT TO AN EXISTING LETTER OF INTENT TO ISSUE INDUSTRIAL REVENUE BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF INDUSTRIAL WAREHOUSE, DISTRIBUTION AND MANUFACTURING FACILITIES TO BE LOCATED IN SAID CITY; AND AUTHORIZING EXECUTION OF RELATED DOCUMENTS.

WHEREAS, the City of Wichita, Kansas (the "City") is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State of Kansas (the “State”); and

WHEREAS, the City Council of the City (the “Governing Body”) desires to promote, stimulate and develop the general economic welfare and prosperity of the City, and thereby to further promote, stimulate and develop the general economic welfare and prosperity of the State; and

WHEREAS, pursuant to the provisions of the Kansas Economic Development Revenue Bond Act, as amended and codified in K.S.A. 12-1740 et seq. (the "Act"), the City is authorized to issue revenue bonds for such purposes; and

WHEREAS, pursuant to Resolution No. 14-374 adopted December 16, 2014 (the “Prior Resolution”), the Governing Body has approved a Letter of Intent dated December 16, 2014 and expiring December 31, 2017 (the “Letter of Intent”) indicating the intent of the City to issue revenue bonds of the City in an aggregate principal amount not to exceed $34,000,000, in one or more series, to provide funds to pay the costs of the acquisition, construction and equipping of six speculative industrial warehouse, distribution and manufacturing facilities to be located in the City and to be leased by the City to TCRS, LLC, a Kansas limited liability company (the "TCRS"); and

WHEREAS, to date one such facility is under construction (the “Building”) and road, utility and stormwater management improvements on adjacent land have been constructed in connection with the Building (the “Land Improvements”); and

WHEREAS, TCRS requests that the Building be leased by the City to IH1, LLC, a Delaware limited liability company controlled by TCRS and that the Land Improvements be leased by the City of IHL, LLC, a Delaware limited liability company controlled by TCRS; and

WHEREAS, the Governing Body hereby finds and determines it to be necessary and advisable to amend the Prior Resolution and the conditions to the issuance of the bonds in the Letter of Intent to provide for the issuance of bonds in an aggregate principal amount of not to exceed $9,000,000 to finance the Building and Land Improvements (hereinafter, collectively constituting the “Project” as such term is used in the Prior Resolution) and to lease the Building and Land Improvements to IH1, LLC and IHL, LLC, respectively (hereinafter collectively constituting the “Tenant” as such term is used in the Prior Resolution).

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

JLN\600809.70380\AMENDMENT TO RESOLUTION OF INTENT (10-27-17)

Section 1. Public Purpose. The Governing Body hereby finds and determines that the Project will promote, stimulate and develop the general economic welfare and prosperity of the City, and thereby further promote, stimulate and develop the general economic welfare and prosperity of the State.

Section 2. Authorization to Acquire Project; Intent to Issue Bonds. Section 2 of the Prior Resolution is hereby amended to read as follows:

The City is hereby authorized to proceed with the acquisition, construction and equipping of the Project and to issue its revenue bonds, in one or more series, in an aggregate principal amount not to exceed $9,000,000 (the "Bonds") to pay the costs thereof, subject to satisfaction of the conditions of issuance set forth herein.

Section 3. Conditions to Issuance of Bonds. Section 3 of the Prior Resolution is hereby amended to read as follows:

The issuance of the Bonds is subject to: (a) the Tenant’s written acceptance of an amended Letter of Intent (the “Amended Letter of Intent”), supplementing and amending the Letter of Intent, containing the City’s conditions to the issuance of the Bonds in accordance with the City’s Economic Development Incentive Policy; (b) the successful negotiation and sale of the Bonds to a purchaser or purchasers to be determined by the Tenant and acceptable to the City (the "Purchaser"), which sale shall be the responsibility of the Tenant and not the City; (c) the receipt of the approving legal opinion of Gilmore & Bell, P.C. ("Bond Counsel") in form acceptable to the City, the Tenant and the Purchaser; (d) the obtaining of all necessary governmental approvals to the issuance of the Bonds; (e) the commitment to and payment by the Tenant or Purchaser of all expenses relating to the issuance of the Bonds, including, but not limited to: (i) expenses of the City and the City Attorney; (ii) any underwriting or placement fees and expenses; (iii) all legal fees and expenses of Bond Counsel; and (iv) all recording and filing fees, including fees of the Kansas Board of Tax Appeals; and (f) the satisfactory negotiation of an agreement with the Tenant for a payment in lieu of taxes.

Section 4. Execution and Delivery of Documents. The Mayor is hereby authorized to execute the Amended Letter of Intent, and the City Clerk is authorized to deliver executed copies of this Resolution and the Amended Letter of Intent to the Tenant.

Section 5. Repealer; Ratification. Sections 2 and 3 of the Prior Resolution are hereby repealed and the rest and remainder thereof is hereby ratified and confirmed.

Section 6. Effective Date. This resolution shall become effective upon adoption by the Governing Body. The Prior Resolution, as hereby amended, shall remain in effect until May 1, 2018.

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2 80

ADOPTED by the City Council of the City of Wichita, Kansas, on November 7, 2017.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

By______Jennifer Magaña, Director of Law and City Attorney

CERTIFICATE

I hereby certify that the above and foregoing is a true and correct copy of the Resolution adopted by the City Council of the City of Wichita, Kansas on November 7, 2017, as the same appears of record in my office.

DATED: November 7, 2017.

Karen Sublett, City Clerk

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(Signature Page to Resolution of Intent) 81

EXCERPT OF MINUTES OF A MEETING OF THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS HELD ON NOVEMBER 7, 2017

The governing body of the City of Wichita, Kansas met in regular session at the usual meeting place in the City, at 9:00 a.m., the following members being present and participating, to-wit:

Absent:

The Mayor declared that a quorum was present and called the meeting to order.

* * * * * * * * * * * * * *

(Other Proceedings)

Among other business, in accordance with notice published on October 30, 2017, in the Wichita Eagle, a public hearing was held by the governing body relating to the proposed issuance of not to exceed $9,000,000 principal amount of Taxable Industrial Revenue Bonds (Iron Horse Manufacturing Park). All interested persons were afforded an opportunity to present their views on the issuance of the Bonds and the location and nature of the Project to be financed with the proceeds of the Bonds. Thereupon, the public hearing was closed.

Thereupon, there was presented a Resolution entitled:

Thereupon, Councilmember ______moved that said Resolution be adopted. The motion was seconded by Councilmember ______. Said Resolution was duly read and considered, and upon being put, the motion for the adoption of said Resolution was carried by the vote of the governing body, the vote being as follows:

Aye:

Nay:

Thereupon, the Resolution was then duly numbered Resolution No. 17-[___], and was signed by the Mayor and attested by the Clerk.

(Other Proceedings)

* * * * * * * * * * * * * *

JLN\600809.70380\AMENDMENT TO RESOLUTION OF INTENT (10-27-17)

CERTIFICATE

[SEAL] ______Karen Sublett, City Clerk

JLN\600809.70380\AMENDMENT TO RESOLUTION OF INTENT

(Clerk’s Certification of Minutes) 83 Revised 11/06/2017 Agenda Item No. IV-5

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Hyatt Proceeds – Ordinance Amendment

INITIATED BY: City Manager’s Office

AGENDA: New Business

______

Recommendation: Place the Ordinance on first reading, authorize the necessary signatures and repeal and amend Section 3 of Ordinance No. 50-585.

Background: On September 5, 2017, the City Council adopted Ordinance No. 50-585 of the City Code, which authorized the use of Hyatt Regency Wichita sale proceeds to fund projects in Districts 1, 2, 3, 4, and 5. Section 3 of the ordinance authorized an allocation to the Youth Entrepreneurs Program, established by e2e Accelerator, Inc. The purpose of allocation was to fund start-up costs for a program that would introduce students to the principles of business and entrepreneurship.

Analysis: The ordinance is being amended to change the allocation recipient. The ordinance amendment authorizes the Literacy, Entrepreneurship and the Arts Project established by Storytime Village, Inc. to be funded with $36,000 of Hyatt sale proceeds. This program will provide youth the opportunity to enhance their writing and illustrations skills and become entrepreneurs within the literary arts industry. The funds allocated in this Section will cover costs to purchase and renovate a bus for use in the program. Repealing and amending Section 3 of Ordinance No. 50-585 would change the recipient of the allocation from e2e Accelerator, Inc. to the Literacy, Entrepreneurship and the Arts Project established by Storytime Village, Inc.

Financial Considerations: The City Council previously approved a $36,000 allocation to fund the Youth Entrepreneurs Program. Repealing and amending the ordinance would allow a $36,000 allocation to the Literacy, Entrepreneurship and the Arts Project established by Storytime Village, Inc. Storytime Village, Inc. will be required to provide financial records to verify that the allocation was utilized as intended by the City Council.

Legal Considerations: The revised ordinance has been reviewed and approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the City Council place the Ordinance on first reading, authorize the necessary signatures and repeal and amend Section 3 of Ordinance No. 50-585.

Attachments: Ordinances

(Published in The Wichita Eagle on November 24, 2017)

ORDINANCE NO. 50-609

AN ORDINANCE OF THE CITY OF WICHITA, KANSAS (THE “CITY”), AMENDING AND REPEALING SECTION 3 OF ORDINANCE NO. 50-585 OF THE CITY.

WHEREAS, Article 12, Section 5 of the Kansas Constitution empowers cities to determine their local affairs and government; and

WHEREAS, the Governing Body of the City, in Section 3 of ordinance No. 50-585 of the

City, provided for a contribution to the Young Entrepreneurs Program, established by e2e

Accelerator, Inc., to be funded from Hyatt sale proceeds, but now finds it necessary and desirable to make such contribution to a different program instead.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY

OF WICHITA, KANSAS AS FOLLOWS:

Section 1. Amendment. Section 3 of Ordinance No. 50-585 of the City is hereby amended to read as follows:

Section 3. Authorization of District 1 Contribution to Literacy, Entrepreneurship

and the Arts Project. Pursuant to the authority of Article 12, Section 5 of the Kansas

Constitution, the Governing Body of the City hereby authorizes a contribution to the

Literacy, Entrepreneurship and the Arts Project established by Storytime Village, Inc., to

be funded with $36,000 of Hyatt sale proceeds. This program will provide youth the

opportunity to enhance their writing and illustrations skills and become entrepreneurs

85 within the literary arts industry, and the funds allocated in this Section will cover costs to

purchase and renovate a bus for use in the program.

Section 2. Repeal. Section 3 of Ordinance No. 50-585 of the City, as it previously existed, is hereby repealed and replaced with the amended text set forth in Section 1 above, and the remainder of Ordinance No. 59-585 shall continue in force unmodified.

Section 3. Effective Date. This Ordinance shall take effect and be in full force after its adoption by the City’s Governing Body and publication once in the official newspaper of the

City.

PASSED by the Governing Body of the City of Wichita, Kansas this 21 day of November,

2017.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, Director of Law and City Attorney

86 Delineated

(Published in The Wichita Eagle on November __, 2017)

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF WICHITA, KANSAS (THE “CITY”), AMENDING AND REPEALING SECTION 3 OF ORDINANCE NO. 50-585 OF THE CITY.

WHEREAS, Article 12, Section 5 of the Kansas Constitution empowers cities to determine their local affairs and government; and

WHEREAS, the Governing Body of the City, in Section 3 of ordinance No. 50-585 of the

City, provided for a contribution to the Young Entrepreneurs Program, established by e2e

Accelerator, Inc., to be funded from Hyatt sale proceeds, but now finds it necessary and desirable to make such contribution to a different program instead.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY

OF WICHITA, KANSAS AS FOLLOWS:

Section 1. Amendment. Section 3 of Ordinance No. 50-585 of the City is hereby amended to read as follows:

Section 3. Authorization of District 1 Contribution to Literacy, Entrepreneurship

and the Arts Project. Pursuant to the authority of Article 12, Section 5 of the Kansas

Constitution, the Governing Body of the City hereby authorizes a contribution to the

Literacy, Entrepreneurship and the Arts Project established by Storytime Village, Inc., to

be funded with $36,000 of Hyatt sale proceeds. This program will provide youth the

opportunity to enhance their writing and illustrations skills and become entrepreneurs

87 within the literary arts industry, and the funds allocated in this Section will cover costs to

purchase and renovate a bus for use in the program.

Section 3. Effective Date. This Ordinance shall take effect and be in full force after its adoption by the City’s Governing Body and publication once in the official newspaper of the

City.

PASSED by the Governing Body of the City of Wichita, Kansas this ____ day of

November, 2017.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, Director of Law and City Attorney

88 Agenda Item No. IV-6

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: 2017-2018 Supplemental Emergency Solutions Grant Funding Recommendations for Fourth Program Year Annual Action Plan

INITIATED BY: Housing and Community Services Department

AGENDA: New Business

Recommendation: Approve the supplemental Emergency Solutions Grant funding recommendations for the Annual Action Plan and authorize the required 14-day public review and comment period for the proposed Plan.

Background: Wichita is recognized as an “entitlement” city by the U.S. Department of Housing and Urban Development (HUD). This designation is based on a federal formula, which considers total population, the number of persons below the poverty level, the number of overcrowded housing units, the age of housing and the population growth lag. In order to receive Federal funds under the Housing and Community Development Act of 1974, entitlement cities must complete and submit a multi-year Consolidated Plan for HUD approval. Upon HUD’s acceptance, cities submit annual action plans for each year of the Consolidated Plan. The fourth year of the 2014-2018 Consolidated Plan covers the period of July 1, 2017 to June 30, 2018.

On August 8, 2017, the City Council approved final funding allocations for Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG) funds.

Analysis: Congress appropriated an additional $40 million in supplemental ESG funding as part of the Fiscal Year 2017 federal budget. HUD is making the funding available through a formula allocation. Funds may be used for rapid rehousing and all other critical ESG activities. Following the August 8th City Council meeting and submission of the Annual Action Plan, the City received notification from HUD that it would receive an additional $318,833 in ESG funding. The City’s Annual Action Plan, with respect to the ESG component, was rejected by HUD until such time as the Plan could be modified to include the additional ESG funding allocated to the City.

The ESG program prioritizes permanent housing solutions for the homeless or for persons at imminent risk of becoming homeless, with a reduced focus on emergency shelter and outreach activities. The legislation creating the program caps expenditures for shelter and outreach activities at 60 percent of the annual allocation.

Housing and Community Services (HCS) staff released Request for Proposals (RFP) for the additional funding, consistent with funding category percentages previously approved by the Council on August 8th and consistent with the federal regulations applicable to the program. The following chart presents recommendations for shelter services, which were made by the Continuum of Care Coordinating Team (CoCCT) and accepted by the Grants Review Committee (GRC), based on responses to the RFP. Shelter services activities funding is within the 60 percent cap.

1 89

Agency – Homeless Assistance Previously 2017-18 2017-18 Allocated Supplemental Recommendation, 2017-18 ESG Request Supplemental ESG Funding Funding Catholic Charities – Harbor House $18,000 $39,525 $39,525 Catholic Charities – St. Anthony Family $25,000 $34,047 $34,047 Shelter Inter-Faith Ministries – Inter-Faith Inn $17,195 $27,258 $27,258 Inter-Faith Ministries – Warming Souls $6,724 $22,000 $4,001 Winter Shelter The Salvation Army $14,237 $22,732 $0 United Methodist Open Door $40,000 $42,520 $26,364 Wichita Family Crisis Center $21,050 Did Not Apply - Total $142,206 $188,082 $131,195

The legislation which created this program allows for homeless prevention activities. The following chart presents recommendations for prevention activities, which were made by the CoCCT and accepted by the GRC based on responses to the Request for Proposals.

Agency – Homeless Prevention Previously 2017-18 2017-18 Allocated Supplemental Recommendation, 2017-18 ESG Request Supplemental ESG Funding Funding Center of Hope, Inc. $20,000 $25,000 $40,026 Sisters of St. Joseph Dear Neighbor $0 Did Not Apply - Ministries Episcopal Social Services N/A $12,000 $0 The Salvation Army $20,000 $26,000 $41,026 Total $40,000 $63,000 $81,052

The balance of the ESG funding is proposed to be allocated to the Rapid Re-Housing program in the amount of $31,052, as recommended by the CoCCT and accepted by the GRC, for a total of $122,300 for the 2017-2018 program year. The Rapid Re-Housing program provides short-term rent and utilities assistance to families that are literally homeless, as defined by HUD. A total of $35,719 was allocated for the 2016-2017 program year, which was depleted within three months. The program ended homelessness for 23 families (59 individuals). Supplemental ESG recommendations also include $23,912 for the City’s program management costs.

Financial Considerations: Development of a fourth year Annual Action Plan is required for receipt of Federal funds. There is no impact to the General Fund as a result of the funding recommendations.

Legal Consideration: The Law Department has reviewed the 2017-2018 Plan funding recommendations.

Recommendation/Actions: It is recommended that the City Council approve the supplemental Emergency Solutions Grant funding recommendations for the Annual Action Plan and authorize the required 14-day public review and comment period for the proposed Plan.

Attachments: 2017-2018 ESG Fourth Program Year Allocation Spreadsheet Fourth Program Year Annual Action Plan Funded Activity Summary

2 90 ESG Allocations 2017-18 (11-7-2017)

Emergency Solutions Grant 2014-2015 2015-2016 2016-2017 2017-2018 2017-2018 Homeless Assistance COUNCIL ALLOCATION COUNCIL ALLOCATION COUNCIL ALLOCATION COUNCIL ALLOCATION SUPPLEMENTAL FUNDING RECOMMENDATION HOMELESS ASSISTANCE - 60% CAP $135,166 $135,166 $142,206 $142,206 $131,195 Catholic Charities - Harbor House $17,891 $17,891 $18,000 $18,000 $39,525 Catholic Charities - St. Anthony Family Shelter $21,000 $25,000 $25,000 $25,000 $34,047 Inter-Faith Inn $18,100 $17,195 $17,195 $17,195 $27,258 Inter-Faith Warming Souls Shelter $6,724 $6,724 $6,724 $6,724 $4,001 The Salvation Army $21,000 $12,305 $14,237 $14,237 $0 United Methodist Open Door - Homeless Resource Center $29,400 $35,000 $40,000 $40,000 $26,364 Wichita Family Crisis Center (formerly YWCA) $21,051 $21,051 $21,050 $21,050 $0 HOMELESS PREVENTION $18,124 $21,105 $40,000 $40,000 $81,052 Center of Hope - Rent Assistance $18,124 $21,105 $20,000 $20,000 $40,026 Salvation Army-Emergency Social Services $0 $0 $20,000 $20,000 $41,026 RAPID RE-HOUSING $54,370 $63,315 $35,719 $39,626 $82,674 City of Wichita- Housing and Community Services $54,370 $63,315 $35,719 $39,626 $82,674 HOMELESS MANAGEMENT INFORMATION SYSTEM (HMIS) $1,311 $1,311 $1,311 $1,311 $0 United Way of the Plains $1,311 $1,311 $1,311 $1,311 $0 PROGRAM ADMINISTRATION - 7.5% CAP $16,944 $17,910 $17,775 $18,092 $23,912 City of Wichita- Housing and Community Services $11,296 $11,939 $11,850 $12,167 $23,912 City Indirect Cost $5,648 $5,971 $5,925 $5,925 -

TOTAL ANNUAL AWARD $225,915 $238,807 $237,011 $241,235 $318,833

91 Executive Summary AP‐05 Executive Summary ‐ 24 CFR 91.200(c), 91.220(b) 1. Introduction

This Annual Action Plan is the fourth year of the City of Wichita's 2014‐2018 Consolidated Plan, which provides a basis and strategy for the use of federal funds allocated to the City of Wichita by the U.S. Department of Housing and Urban Development (HUD). Programs and activities identified in this Plan are intended to primarily benefit low and moderate‐income residents throughout the city of Wichita and neighborhoods with high concentrations of low‐ and moderate‐income residents, which will ultimately benefit the city as a whole. This Plan is the product of citizen participation, public hearings, and consultations with other agencies, groups and organizations involved in the development of affordable housing, creation of job opportunities for low and moderate‐income residents, and/or provision of services to children, elderly persons, persons with disabilities, and homeless persons. A complete draft of this Plan was made available for public review and comment during the period of July 21, 2017 through August 3, 2017.

HUD awarded the City of Wichita a one‐time supplemental Emergency Solutions Grant in the amount of $318,833 for the 2017‐2018 program year. The City reconvened its Grants Review Committee on October 24, 2017 to approve funding recommendations provided by the Wichita/Sedgwick County Continuum of Care Coordinating Team. The Public was invited to comment on the proposed uses during a 14‐day comment period that began on November 13, 2017 and ended on Sunday, November 26, 2017.

2. Summarize the objectives and outcomes identified in the Plan

This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The theme of the City's Consolidated Plan continues to be "Creating Communities of Choice." Following this theme, activities identified in the plan prioritize housing needs in the core of the city by developing and maintaining strong infrastructure to enhance the living and working environment, as well as providing activities to support the needs of the people who live and/or work in those areas. The City will continue supporting services for the homeless, with a strong emphasis on permanent housing solutions, as well as public service activities to benefit low‐to‐ moderate income families.

3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

92 The City of Wichita has a history of successful administration of federal programs for housing, as well as community planning and development. That system is firmly in place and will continue for future administration of Consolidated Plan funds, and includes program management by City staff and through business agreements with community agencies. Results of the City’s administration of programs funded with Consolidated Plan resources are reported using the Consolidated Annual Performance and Evaluation Report (CAPER) format and can be found on the City’s website.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

For the City of Wichita, citizen participation is a vital component of the consolidated planning process. To encourage Wichita citizens to be involved in making decisions regarding planning and funding public programs and activities, the Housing and Community Services Department has developed a Citizen Participation Plan which uses various media formats to engage the public in identifying needs and priorities. All citizens are encouraged to participate in the development and review of the Consolidated Plans and Annual Plans, including substantial amendments, and the Consolidated Annual Performance and Evaluation Reports (CAPER). Notice of public hearings and comment periods are published in the designated official newspaper or newspapers of general circulation, and advertised on the City‐7 cable television channel.

Public service activities identified for CDBG funding during the 2017‐18 Fourth Program Year were carefully reviewed and selected by a Grants Review Committee comprised of citizens representing each City Council district, as well as representatives from United School District 259, The Wichita State University, small and large business, Wichita Independent Neighborhood Association, and United Way of the Plains. Homeless assistance activities identified for 2017‐18 ESG funding were carefully reviewed and selected by a subcommittee of the Wichita Sedgwick County Continuum of Care Coordinating Team. A public hearing of all proposals for CDBG and ESG funding, as well as applications for HOME funding was held on February 21, 2017. Oral comments were invited during that hearing.

A preliminary draft of the 2017‐18 Fourth Program Year Action Plan was made available for public review and comment from July 21, 2017, through August 3, 2017, on the City of Wichita web site and at the Housing and Community Services Department.

On July 18, 2017, staff presented the proposed Plan to the City Council at its regularly scheduled meeting and requested that a 14‐day public comment period be opened to give the public another opportunity to review and comment on the document. The comment period began July 21, 2017, and ended August 3, 2017.

Plan summaries were available at all Neighborhood Resource Centers, as well as the City’s Central Library and selected branch libraries. Oral comments were invited during public hearings conducted on this matter at the regular City Council meeting on August 8, 2017.

5. Summary of public comments

On April 20, 2017, Wichita Habitat for Humanity Director Ann Fox, sent an email to the City of Wichita Housing and Community Services department describing Habitat’s housing redevelopment work in the core area of Wichita and stated how the City’s HOME Program assists homebuilders and homebuyers. The email is attached in the Citizen Participation Comment section of the 4th Program Year Annual Action Plan.

6. Summary of comments or views not accepted and the reasons for not accepting them

All comments were received, accepted, and considered during the preparation of 2017‐18 Fourth Program Year Action Plan. The final Plan submitted incorporates all comments received as part of the citizen participation process.

7. Summary

The City's Housing and Community Services Department has developed this Annual Action Plan to strategically implement CDBG, HOME, and ESG programs and utilize funding to provide services which are responsive to the needs and priorities identified in citizen surveys related to infrastructure, housing, public services and needs of the homeless, for the program year beginning July 1, 2017 through June 30, 2018.

94 Expected Resources AP‐15 Expected Resources – 91.220(c) (1, 2) Introduction

HUD has announced that the 2017‐18 allocation amounts are as follows: CDBG ‐ $2,555,736; HOME ‐ $1,091,091; ESG ‐ $241,235. The Fourth Program Year Action Plan also utilized $702,766 in unallocated CDBG funds, resulting in $2,851,269 total CDBG spending.

Priority Table Program Source of Uses of Funds Expected Amount Available Year 1 Expected Narrative Description Funds Annual Program Prior Year Total: Amount Allocation: $ Income: Resources: $ Available $ $ Remainder of ConPlan $ CDBG Public ‐ Acquisition Funds will be used to Federal Admin and advance priorities Planning identified in the Economic Consolidated Plan. Development $2,555,736 0 $702,766 $3,258,502 0 Housing Public Improvements Public Services

95 Program Source of Uses of Funds Expected Amount Available Year 1 Expected Narrative Description Funds Annual Program Prior Year Total: Amount Allocation: $ Income: Resources: $ Available $ $ Remainder of ConPlan $ HOME Public ‐ Acquisition Funds will be used to Federal Homebuyer advance priorities assistance identified in the Homeowner rehab Consolidated Plan. Multifamily rental new construction $1,091,091 0 $53,204 $1,144,295 0 Multifamily rental rehab New construction for ownership TBRA ESG Public ‐ Conversion and The US Department of federal rehab for HUD awarded the City transitional of Wichita a one‐time housing supplemental $241,235 Financial allocation of $318,833. Assistance Funds will be used to One‐time Overnight shelter 0 0 $560,068 0 advance priorities Supplemental Rapid re‐housing identified in the Grant (rental assistance) Consolidated Plan. $318,833 Rental Assistance Services Transitional housing Table 1 ‐ Expected Resources – Priority Table

96 Annual Goals and Objectives

AP‐20 Annual Goals and Objectives ‐ 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Goal Name Start End Category Geographic Area Needs Addressed Funding Goal Outcome Order Year Year Indicator 1 Home Repair 2017 2018 Affordable Wichita Neighborhood Safe Affordable CDBG: Other: 457 Housing Revitalization Area; Housing $1,190,156 Redevelopment Home Repair: Incentive Area; Local $1,140,156; Investment Area; City‐ Code wide Enforcement: $50,000 (Includes $199,067 unallocated funds) 2 New Housing 2017 2018 Affordable Wichita Neighborhood Safe Affordable HOME: Homeowner Development Housing Revitalization Area; Housing $520,160 Housing Added: (single/multi‐ Redevelopment 10 Household family) Incentive Area; Local HDLP+CHDO Housing Unit Investment Area; Set Aside 3 Homebuyer 2017 2018 Affordable Wichita Neighborhood Safe Affordable HOME: Direct Financial Assistance Housing Revitalization Area; Housing $400,026 Assistance to Redevelopment Homebuyers: 19 Incentive Area; Local Households Investment Area; Assisted

97 Sort Goal Name Start End Category Geographic Area Needs Addressed Funding Goal Outcome Order Year Year Indicator 4 Housing First 2017 2018 Homeless Wichita Neighborhood Homelessness CDBG: Other: 64 Other Revitalization Area; $68,500 Redevelopment Incentive Area; Local Investment Area 5 Homeless 2017 2018 Homeless Wichita Neighborhood Homelessness ESG: Homeless Person Assistance Revitalization Area; $273,401 Overnight Shelter: (Shelters) Redevelopment 2,629 Persons Incentive Area; Local Assisted Investment Area Other: 2100 Other 6 Rapid Re‐ 2017 2018 Homeless Wichita Neighborhood Homelessness ESG: Homelessness Housing Revitalization Area; $122,300 Prevention: 236 Redevelopment Persons Assisted Incentive Area; Local Investment Area 7 Homeless 2017 2018 Homeless Wichita Neighborhood Homelessness ESG: Homelessness Prevention Revitalization Area; $121,052 Prevention: 185 Redevelopment Persons Assisted Incentive Area; Local Investment Area 8 Women’s 2017 2018 Homeless Homelessness CDBG: 650 Persons NA Services $250,000 Assisted 9 Boarded Up 2017 2018 Non‐Housing Wichita Neighborhood Neighborhood HOME: Homeowner House Program Community Revitalization Area; Stabilization $65,000 Housing Added: 1 Development Local Investment Area Household Housing Unit 10 Office of 2017 2018 Non‐Housing Wichita Neighborhood Non Housing CDBG: Other: 5000 Other Community Community Revitalization Area; Community $385,000 Engagement Development Local Investment Area Development

98 Sort Goal Name Start End Category Geographic Area Needs Addressed Funding Goal Outcome Order Year Year Indicator 11 Training and 2017 2018 Non‐Housing Non Housing CDBG: Jobs Placements: Employment Community NA Community $200,000 120 Development Development 12 Youth Crime 2017 2018 Non‐Housing Non Housing CDBG: Other: 4,945 Prevention and Community NA Community $231,699 Persons Enrichment Development Development 13 Program 2017 2018 Program Non Housing CDBG: Other: 0 Other Administration Administration Community $511,147 NA Development HOME: $109,109 ESG: $42,004 14 Neighborhood 2017 2018 Non‐Housing Neighborhood CDBG: Other: 1000 Stabilization Community Wichita Neighborhood Stabilization; $422,000 Development Revitalization Area; Non‐Housing Local Investment Area Community Development Table 2 – Goals Summary

99 Agenda Item No. IV-7

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Adoption of the National Electrical Code, 2017 Edition (All Districts)

INITIATED BY: Metropolitan Area Building and Construction Department

AGENDA: New Business

______

Recommendation: Place the ordinances on first reading and authorize the necessary signatures.

Background: The National Electrical Code (NFPA 70) published by the National Fire Protection Association (“NFPA”) is revised and updated every three years in order to keep current with the changing industry equipment, technology, standards, and practices. This ordinance proposes to amend and adopt Article 4 Section A, Article 4 Section 2, and Article 1 Section 2 Table I of the Wichita-Sedgwick County Unified Building and Trade Code (UBTC) regarding the National Electrical Code (NFPA 70)-2017 Edition.

The National Electrical Code was approved as an American National Standard on August 24, 2016. The Board of Electrical Appeals and MABCD staff reviewed the 2017 edition of the NEC over an eight- month period, beginning in November 2016. The Board and staff solicited input from various electrical trade organizations, which included the IEC (Independent Electrical Contractors), and NECA (National Electrical Contractors Association), and other interested individuals. The Electrical Board reviewed and approved the Code along with the proposed amendments for presentation and recommendation to the City Council for adoption.

Analysis: A summary of the major changes is below:

Chapter 1 (NEC): Article 110.14(D) Electrical Connections: This new requirement calls for the implementation of tightening torque tools where torqueing is specified on the equipment or in installation instructions provided by the manufacturer.

Chapter 1 (NEC): Article 110.21(A)(2) Marking, Equipment Markings: New rules were added to require refurbished, reconditioned, or remanufactured equipment to be marked with the name, trademark, or other descriptive marking. Prior to this addition, refurbished equipment was not allowed.

Chapter 2 (NEC): Article 210.8(B) Ground-Fault Circuit-Interrupter Protection for Personnel: The GFCI requirements for receptacles at commercial/industrial applications have been expanded to recognize ground faults other than 15and 20A 125-volt applications only.

Chapter 2 (NEC): Article 210.8(B)(9) Ground-Fault Circuit-Interrupter Protection for Personnel: GFCI protection for receptacles in non-dwelling unit crawl spaces has been added.

Chapter 2 (NEC): Article 210.8(B)(10) Ground-Fault Circuit-Interrupter Protection for Personnel: GFCI protection has been added for receptacles installed in non-dwelling unit basements.

Chapter 2 (NEC): Article 210.8(E) Ground-Fault Circuit-Interrupter Protection for Personnel: GFCI protection for lighting outlets in crawl spaces has been added.

Chapter 2 (NEC): Article 210.11(C) Garage Branch Circuits: New requirement added for a minimum

1100 of at least one (1) 120-volt, 20-ampere branch circuit for dwelling unit garage receptacles.

Chapter 2 (NEC): Article 210.12 Arc-Fault Circuit-Interrupter Protection: The requirements of this section will allow the installation of AFCI listed receptacles and provide many options to the installations of AFCI’s throughout dwellings.

Chapter 2 (NEC): Article 210.12(C) Arc-Fault Circuit-Interrupter Protection: New provisions added requiring AFCI protection for guest rooms/guest suites of hotels/motels.

Chapter 3 (NEC): Article 310.15(B)(7) Ampacities for conductors rated 0-2000 Volts: The sizing of dwelling unit service and certain feeder conductors was expanded to include single-phase, 208Y/120-volt systems as well.

Chapter 4 (NEC): Article 406.4(D)(4), Ex. 1 & 2 Replacement Receptacles: This exception clarifies that AFCI protection is not required when replacing an existing receptacle if the wiring is not modified, replaced, or extended at existing dwelling units.

Chapter 4 (NEC): Article 406.9(B)(1) Extra Duty Outlet Box Hoods: The revision in this requirement makes it clear that other listed products, enclosures, or assemblies providing weatherproof protection that do not utilize an outlet box hood need not be marked “extra duty.”

Chapter 4 (NEC): Article 406.12 Tamper-Resistant Receptacles: The revision of this requirement expands the types of occupancies where tamper-resistant receptacles are required, and their locations.

Chapter 6 (NEC): Article 605.9(C) Freestanding-Type Office Furnishings, Cord- and Plug- Connected: This revision clarifies that thirteen duplex receptacles are the maximum number of receptacles permitted in office furnishings.

Article IV (UBTC): Section 4.2.070 Conductor Requirements (Commercial and Industrial): The exception to “acceptable for control wiring” was removed and replaced with: Minimum Size. Branch circuit wiring conductor size shall be No. 12 AWG copper.

Article IV (UBTC): Section 4.2.150 Ceiling Grid Support Wires: This requirement was added to clarify that electrical raceways shall not be supported by a fire rated ceiling assembly but shall have their own independent support.

Article IV (UBTC): Section 4.2.165 Sewage ejector pumps and sump pumps: This section was revised to indicate that it is required in all locations not just in dwellings.

Article IV (UBTC): Section 4.2.170 Conduit Bodies: This section was removed and will be enforced per the latest edition of the NEC.

Article IV (UBTC): Section 4.2.175 Arc-Fault Circuit Interrupter Protection: This section was removed and will be enforced per the latest edition of the NEC, which will allow more options regarding AFCI installations.

Article IV (UBTC): Section 4.2.210 Temporary Construction Service Requirements: This requirement was revised to include GFCI protection for all receptacles and to lessen the restriction of in use covers.

Article I (UBTC): Section 2, Table I Electrical Permit Required – Fees Listed: The electrical permit was adjusted (no price changes) to allow for a Photovoltaic System (PV System) or a generator to be selected as a single item rather than selecting several items to equal the same cost point. This change allows the contractor to pay a single price based on item rather than a more costly priced based on size of installation.

Financial Considerations: There are no financial issues for MABCD or the City of Wichita.

2101

Legal Considerations: The ordinances have been approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the City Council place on first reading the ordinances to amend Article 4 Section A, Article 4 Section 2, and Article 1 Section 2 Table I of the Wichita-Sedgwick County Unified Building and Trade Code (UBTC) and authorize the necessary signatures.

Attachments: Clean ordinances and delineated ordinances.

3102

OCA 230100 First Published in The Wichita Eagle on November 24, 2017

ORDINANCE NO. 50-610

AN ORDINANCE AMENDING SECTIONS 4.2.010, 4.2.070, 4.2.150, 4.2.165, 4.2.195, 4.2.205 AND 4.2.210; DELETING SECTION 4.A.070, 4.2.170, 4.2.175 AND 4.2.220 AND REPEALING THE ORIGINALS OF SECTIONS 4.2.010, 4.2.070, 4.2.150, 4.2.165, 4.2.170, 4.2.175, 4.2.195, 4.2.205, 4.2.210 AND 4.2.220 OF THE WICHITA/SEDGWICK COUNTY UNIFIED BUILDING AND TRADE CODE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA,

KANSAS:

SECTION 1.

SECTION 4.A.070 – Board of electrical appeals – Matters pertaining to electrical

elevators is hereby repealed.

SECTION 2.

SECTION 4.2.010 – Installation standards is hereby amended to read as follows:

“All electrical installations made shall be in strict conformity with the provisions of this Code. If

sections contained within this Code, in a given situation, do not prescribe a specific type or class

of material or specific standards of construction, then the standards as set forth and contained in

the most recent edition of the National Electrical Code, including Informative Annex C (Conduit

and Tubing Fill Tables), as published by the National Fire Protection Association as N.F.P.A. No.

70- 2017, as presently constituted and as may be hereinafter amended, shall apply with the

exception of Section 200.6(d); Section 210.5(c)(1); Section 210.52(c)(1) Exception; Section

230.24(A) Exception No. 5; Section 230.40; Section 300.11(b)(2); Section 334.10; Section

103 334.12(a)(1); Section 334.40(b); Section 590.4(D); Section 590.6(B)(3); and Section 680.9; of

such publication. Said N.F.P.A. No. 70 2017, was adopted by the National Fire Protection

Association at its 2016 June Technical Session and approved as an American National Standard

on August 24, 2016. By this publication, all provisions of such publication, with noted exceptions,

are adopted by reference and made a part of this Code, and this Section as though fully set forth herein.”

SECTION 3.

SECTION 4.2.070 – Conductor requirements is hereby amended to read as follows:

“A. Commercial and Industrial.

(1) Type. All commercial and industrial wiring conductors rated two hundred (200) amperes

or less, including all service conductors required to be installed by the licensed electrical

contractor, shall be copper. Each individual conductor of a parallel conductor set shall meet

the requirements of this Section. Parallel conductors are not to be considered a single

conductor.

Exception. Feeder circuit and branch circuit conductors rated one hundred (100)

amperes or more, may be aluminum or copper-clad aluminum, provided panel boards

or disconnect switches served by such circuits are marked by the manufacturer as being

suitable for aluminum or copper-clad aluminum termination.

(2) Minimum Size. The minimum branch circuit wiring conductor size shall be No. 12 AWG

copper.

B. Residential.

All residential and accessory building wiring conductors less than ninety (90) amperes shall

be copper.

- 2 - 104 Note: Grounding conductors installed in the same raceway or cable with the above listed

aluminum conductors may be allowed to be aluminum when sized per Article 250 of the currently

adopted National Electrical Code.”

SECTION 4.

SECTION 4.2.150 – Ceiling grid support wires is hereby amended to read as follows:

“The following is added to the section 300.11(A)(2) of the National Electrical Code:

Exception No. 2: MC cable or flexible metal conduit may be attached to the ceiling grid support

wires serving lighting fixtures located within the ceiling grid area where all of the following

conditions apply.

1. The MC cable or flexible metal conduit must not be larger than trade size ½ inch.

2. Only a single MC cable or flexible metal conduit may be attached per ceiling grid support

wire.

3. Only clips or devices approved for the purpose may be used to attach MC cable or flex to

the support wires.

Fire rated ceiling assemblies shall not be used to support electrical raceways and all raceways installed within fire rated ceiling assemblies shall be provided with independent support.”

SECTION 5.

SECTION 4.2.165 - Sewage ejector pumps and sump pumps is hereby amended to read as follows:

“Ground fault circuit interrupter protection shall not be required on a sewage ejector pump or sump pump that is cord and plug connected to a single receptacle installed on an individual motor branch

circuit.”

- 3 - 105 SECTION 6.

SECTION 4.2.170 – Conduit bodies is hereby repealed.

SECTION 7.

SECTION 4.2.175 – Arc-Fault Circuit Interrupter Protection is hereby repealed.

SECTION 8.

SECTION 4.2.195 – Pools shall not be located under overhead wiring is hereby amended to read as follows:

“Section 680.9 of the National Electrical Code shall be amended to read as follows: The following parts of pools shall not be placed under existing electrical, communications, CATV, Network powered Broadband conductors or any other overhead wiring; nor shall such wiring be installed above the following:

1. Pools and the area extending 10 ft. horizontally from the inside of the walls of the pool,

2. Diving structure, or

3. Observation stands, towers or platforms.”

SECTION 9.

SECTION 4.2.205. – Permitted use of Underground Residential Distribution (URD)

cable is hereby amended to read as follows:

“Underground Residential Distribution (URD) cable may be installed as an approved wiring

method for outdoor use only, with the following restrictions.

(a) Permitted for outdoor use only, installed direct buried or in a raceway.

- 4 - 106 (b) Minimum size shall be #2 Aluminum.

(d) The phase conductors and the neutral conductor insulation shall be identified as USE.

(e) The Neutral conductor shall be properly identified per the National Electrical Code.

(f) Grounding conductor, if needed, shall be a minimum of #2 aluminum or #6 copper and

shall be insulated.

(g) The ampacity of the conductors must comply with the values for the respective size and

conductor material as listed in the seventy-five degree (75°) column of the Ampacity Tables

of the latest adopted edition of the National Electrical Code.”

SECTION 10.

SECTION 4.2.210 – Temporary Construction Service Requirements is hereby amended to read as follows:

“Temporary services used during construction, remodeling or repair of buildings or structures shall not be attached to a building. The temporary service shall have a minimum of one 125-volt 20- amp GFCI protected receptacle and one 125/250-volt 30-amp GFCI protected twist lock receptacle

NEMA L14-30, and meet all other requirements of the latest edition of the National Electrical

Code adopted by the MABCD.

Exception: In-use covers are not required for construction services.”

SECTION 11.

SECTION 4.2.220 – Conduits exposed to sunlight on rooftops is hereby repealed.

- 5 - 107

SECTION 12.

The originals of Sections 4.A.070, 4.2.010, 4.2.070, 4.2.150, 4.2.165, 4.2.170, 4.2.175,

4.2.195, 4.2.205, 4.2.210 and 4.2.220 are hereby repealed.

SECTION 13.

This ordinance shall be included in the Wichita/Sedgwick County Unified Building and

Trade Code, and shall be effective upon its passage and publication of This Ordinance once in the official city paper.

PASSED by the governing body of the City of Wichita, Kansas, this 21st day of November,

2017.

______

Jeff Longwell, Mayor

ATTEST:

______

Karen Sublett, City Clerk

Approved as to Form:

______

Jennifer Magana, Director of Law

- 6 - 108 First Published in The Wichita Eagle on ______

DELINEATED

ORDINANCE NO.______

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA,

KANSAS:

SECTION 1.

SECTION 4.A.070 – Board of electrical appeals – Matters pertaining to electrical elevators is hereby repealed.

“Whenever the board of electrical appeals has under consideration matters pertaining to elevators, the elevator inspector having charge of elevator installation shall sit with the board and act in an advisory capacity.”

SECTION 2.

SECTION 4.2.010 – Installation standards is hereby amended to read as follows:

“All electrical installations made shall be in strict conformity with the provisions of this Code. If sections contained within this Code, in a given situation, do not prescribe a specific type or class of material or specific standards of construction, then the standards as set forth and contained in the most recent edition of the National Electrical Code, 2014 2017 Edition including Informative

Annex C (Conduit and Tubing Fill Tables), as published by the National Fire Protection

109 Association as N.F.P.A. No. 70- 2014 2017, as presently constituted and as may be hereinafter amended, shall apply with the exception of Section 110.16; Section 110.24; Section 200.6(d);

Section 210.4(b); Section 210.5(c)(1); Section 210.52(c)(1) Exception; Section 230.24(A)

Exception No. 5; Section 230.40; Section 250.68(a) Exception No. 2; Section 300.4(H); Section

300.11(a) (b)(2); Section 314.28; Section 334.10; Section 334.12(a)(1); Section 334.40(b); Section

334.80; Section 410.64; Section 430.22(G)(1); Section 430.22(G)(2); Section 514.11(A); Section

590.4(D); Section 590.6(B)(2) (3); and Section 680.8 9; of such publication. Said N.F.P.A. No. 70

2014 2017, was adopted by the National Fire Protection Association at its 2013 2016 June

Technical Session and approved as an American National Standard on August 21, 2013 24, 2016.

By this publication, all provisions of such publication, with noted exceptions, are adopted by reference and made a part of this Code, and this Section as though fully set forth herein.”

SECTION 3.

SECTION 4.2.070 – Conductor requirements is hereby amended to read as follows:

“A. Commercial and Industrial.

(1) Type. All commercial and industrial wiring conductors rated two hundred (200) amperes

or less, including all service conductors required to be installed by the licensed electrical

contractor, shall be copper. For parallel conductors, Each individual conductor of a parallel

conductor set shall meet the requirements of this Section. Parallel conductors are not to be

considered a single conductor.

Exception. Feeder circuit and branch circuit conductors rated one hundred (100)

amperes or more, may be aluminum or copper-clad aluminum, provided panelboards or

disconnect switches served by such circuits are marked by the manufacturer as being

suitable for aluminum or copper-clad aluminum termination.

- 2 - 110 (2) Minimum Size. The minimum size conductors branch circuit wiring conductor size shall

be No. 12 AWG copper, except smaller sizes will be acceptable for control wiring.

B. Residential.

All residential and accessory building wiring conductors less than ninety (90) amperes shall

be copper.

Note: Grounding conductors installed in the same raceway or cable with the above listed

aluminum conductors may be allowed to be aluminum when sized per Article 250 of the currently

adopted National Electrical Code.”

SECTION 4.

SECTION 4.2.150 – Ceiling grid support wires is hereby amended to read as follows:

“The following is added to the section 300.11(A)(2) of the National Electrical Code:

Exception No. 2: MC cable or flexible metal conduit may be attached to the ceiling grid support

wires serving lighting fixtures located within the ceiling grid area where all of the following

conditions apply.

1. The MC cable or flexible metal conduit must not be larger than trade size ½ inch.

2. Only a single MC cable or flexible metal conduit may be attached per ceiling grid support

wire.

3. Only clips or devices approved for the purpose may be used to attach MC cable or flex to

the support wires.

Fire rated ceiling assemblies shall not be used to support electrical raceways and all raceways

installed within fire rated ceiling assemblies shall be provided with independent support.”

- 3 - 111 SECTION 5.

SECTION 4.2.165 - Sewage ejector pumps and sump pumps is hereby amended to read

as follows:

“In a dwelling, g “Ground fault circuit interrupter protection shall not be required on a sewage

ejector pump or sump pump that is cord and plug connected to a single receptacle installed on a

dedicated an individual motor branch circuit.”

SECTION 6.

SECTION 4.2.170 – Conduit bodies is hereby repealed.

“Section 314.28 of the National Electrical Code shall be amended to read as follows: Boxes and

conduit bodies trade size over two (2) inches used as pull or junction boxes shall comply with

314.28(A) through (E).”

SECTION 7.

SECTION 4.2.175 – Arc-Fault Circuit Interrupter Protection is hereby repealed.

“A listed arc-fault circuit interrupter shall be installed to provide protection as required in (A),

(B) and (C).

(A) Dwelling Unit Bedrooms. All 120-volt, single phase, 15- and 20-ampere branch circuits

supplying outlets and devices installed in dwelling unit bedrooms shall be protected by a listed

arc-fault circuit interrupter, combination type installed to provide protection of the branch circuit.

Exception: The location of the arc-fault circuit interrupter shall be permitted to be at other

than the origination of the branch circuit in compliance with (a) and (b):

(a) The arc-fault circuit interrupter installed within six (6) feet of the branch

circuit overcurrent device as measured along the branch circuit conductors.

- 4 - 112 (b) The circuit conductors between the branch circuit overcurrent device and

the arc-fault circuit interrupter shall be installed in a metal raceway or a cable

with a metallic sheath.

(B) Branch Circuit Extensions or Modifications — Dwelling Units. In any of the areas specified

in 4.2.175(A) of this Code, where branch-circuit wiring is modified, replaced, or extended, the

branch circuit shall be protected by one of the following:

(1) A listed combination-type AFCI located at the origin of the branch circuit

(2) A listed outlet branch-circuit type AFCI located at the first receptacle outlet of the

existing branch circuit

Exception: AFCI protection shall not be required where the extension of the existing conductors

is not more than six (6) feet and does not include any additional outlets or devices.

outlets and devices installed in dormitory unit bedrooms shall be protected by a listed arc-fault

circuit interrupter meeting the requirements of 4.2.175(A) of this Code, including exceptions.”

SECTION 8.

SECTION 4.2.195 – Pools shall not be located under overhead wiring is hereby amended to read as follows:

“Section 680.8 680.9 of the National Electrical Code shall be amended to read as follows: The

following parts of pools shall not be placed under existing electrical, communications, CATV,

Network powered Broadband conductors or any other overhead wiring; nor shall such wiring be

installed above the following:

1. Pools and the area extending 10 ft horizontally from the inside of the walls of the pool,

- 5 - 113 2. Diving structure, or

3. Observation stands, towers or platforms.”

SECTION 9.

SECTION 4.2.205. – Permitted use of Underground Residential Distribution (URD) cable is hereby amended to read as follows:

“Underground Residential Distribution (URD) cable may be installed as an approved wiring method for outdoor use only, with the following restrictions.

(a) Permitted for outdoor use only, installed direct buried or in a raceway.

(b) Minimum size shall be #2 Aluminum.

(d) The phase conductors and the neutral conductor insulation shall be identified as USE.

(e) The Neutral conductor shall be properly identified per the National Electrical Code.

(f) Grounding conductor, if needed, shall be a minimum of #2 aluminum or #6 copper and

shall be insulated.

(g) The ampacity of the conductors must comply with the values for the respective size and

conductor material as listed in the seventy-five degree (75% °) column of the Ampacity

Tables of the latest adopted edition of the National Electrical Code.”

- 6 - 114 SECTION 10.

SECTION 4.2.210 – Temporary Construction Service Requirements is hereby amended to read as follows:

NEMA L14-30, and meet all other requirements of the latest edition of the National Electrical

Code adopted by the MABCD.

Exception: In-use covers are not required for construction services.”

SECTION 11.

SECTION 4.2.220 – Conduits exposed to sunlight on rooftops is hereby repealed.

“Where conductors or cables are installed in conduits with a horizontal length exceeding six (6) feet and exposed to direct sunlight on or above rooftops, the adjustments shown in Table

310.15(B)(3)(c) of the National Electrical Code shall be added to the outdoor temperature to determine the applicable ambient temperature for application of the correction factors in Table

310.15(B)(16) and Table 310.15(B)(18) of the National Electrical Code.”

SECTION 12.

The originals of Sections 4.A.070, 4.2.010, 4.2.070, 4.2.150, 4.2.165, 4.2.170, 4.2.175,

4.2.195, 4.2.205, 4.2.210 and 4.2.220 are hereby repealed.

- 7 - 115 SECTION 13.

This ordinance shall be included in the Wichita/Sedgwick County Unified Building and

Trade Code, and shall be effective upon its passage and publication of a summary of This

Ordinance once in the official city paper.

PASSED by the governing body of the City of Wichita, Kansas, this ______day of

______, 2017.

______

Jeff Longwell, Mayor

ATTEST:

______

Karen Sublett, City Clerk

Approved as to Form:

______

Jennifer Magana, Director of Law

- 8 - 116 OCA 230100 First Published in The Wichita Eagle on November 24, 2017

ORDINANCE NO. 50-611

AN ORDINANCE AMENDING ARTICLE 1 SECTION 2 TABLE I OF THE WICHITA/SEDGWICK COUNTY UNIFIED BUILDING AND TRADE CODE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA,

KANSAS:

SECTION 1.

Table I

Electrical permit required – Fees listed

AUTHORIZED WORK QTY EA CIRCUITS 1 120 volt Circuit $ 2.00 2 277 volt Circuit $ 2.00 HEATING 3 Heating Appliance less than 4500 watt $ 3.00 APPLIANCES 4 Range or Heat Device 4500 watt or over $ 8.00 5 Clothes Dryer $ 8.00 SPECIAL 6 Feeder $ 9.00 CIRCUITS 7 Hot tub / Sauna or Jacuzzi $ 14.00 AND 8 Special Power Circuit $ 9.00 ADDITIONS 9 Generator $ 29.00 10 Sign Per Circuit $ 7.00 11 Outlets Added to Existing Circuit $ 0.75 12 Smoke Detectors $ 0.75 Light Fixture or Lampholding Device (also Fixtures 13 retrofits of fixtures) $ 0.75 MOTORS 14 1 HP or less $ 5.00 AND 15 Over 1 HP $ 7.00 AIR COND. 16 Water Well Motor $ 7.00

117 Per Meter (100 17a Amps or less) $ 11.00 480 volts or less Each Additional SERVICE 17b Amp $ 0.06 Each Service (New/Change) 18 Over 480 volts Entrance $ 71.00 19 Construction Service (480 volts or less) $ 14.00 Construction Service 20 (Over 480 volts) $ 28.00 Reinspection of discont. service (meter reset - only one 21 meter per permit) $ 11.00 Miscellaneous 22 Transformer $ 11.00 23 Miscellaneous $ 14.00 24 Photovoltaic System $ 29.00 25 Investigation Fee 26 Permit Issuance Fee 1 $ 25.00

SECTION 2.

The originals of Sections 1. 2 - TABLE I are hereby repealed.

SECTION 3.

This ordinance shall be included in the Wichita/Sedgwick County Unified Building and

Trade Code, and shall be effective upon its passage and publication of this Ordinance once in the

official city paper.

- 2 - 118 PASSED by the governing body of the City of Wichita, Kansas, this 21st day of November,

2017.

______

Jeff Longwell, Mayor

ATTEST:

______

Karen Sublett, City Clerk

Approved as to Form:

______

Jennifer Magana, Director of Law

- 3 - 119 First Published in The Wichita Eagle on ______

DELINEATED

ORDINANCE NO.______

AN ORDINANCE AMENDING ARTICLE 1 SECTION 2 TABLE I OF THE WICHITA/SEDGWICK COUNTY UNIFIED BUILDING AND TRADE CODE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA,

KANSAS:

SECTION 1.

Table I

Electrical permit required – Fees listed

AUTHORIZED WORK QTY EA CIRCUITS 1 120 volt Circuit $ 2.00 2 277 volt Circuit $ 2.00 HEATING 3 Heating Appliance less than 4500 watt $ 3.00 APPLIANCES 4 Range or Heat Device 4500 watt or over $ 8.00 5 Clothes Dryer $ 8.00 SPECIAL 6 Feeder $ 9.00 CIRCUITS 7 Hot tub / Sauna or Jacuzzi $ 14.00 AND 8 Special Power Circuit $ 9.00 $ 9.00 ADDITIONS 9 Generator $29.00 10 Sign Per Circuit $ 7.00 11 Outlets Added to Existing Circuit $ 0.75 12 Smoke Detectors $ 0.75 Light Fixture or Lampholding Device (also Fixtures 13 retrofits of fixtures) $ 0.75 MOTORS 14 1 HP or less $ 5.00 AND 15 Over 1 HP $ 7.00 AIR COND. 16 Water Well Motor $ 7.00

120 Per Meter (100 17a Amps or less) $ 11.00 480 volts or less Each Additional SERVICE 17b Amp $ 0.06 Each Service (New/Change) 18 Over 480 volts Entrance $ 71.00 19 Construction Service (480 volts or less) $ 14.00 Construction Service 20 (Over 480 volts) $ 28.00 Reinspection of discont. service (meter reset - only one 21 meter per permit) $ 11.00 Miscellaneous 22 Transformer $ 11.00 23 Miscellaneous $ 14.00

24 Photovoltaic System $29.00 24 25 Investigation Fee 25 26 Permit Issuance Fee 1 $ 25.00

SECTION 2.

The originals of Sections 1. 2 - TABLE I are hereby repealed.

SECTION 3.

This ordinance shall be included in the Wichita/Sedgwick County Unified Building and

Trade Code, and shall be effective upon its passage and publication of a summary of this Ordinance

once in the official city paper.

- 2 - 121 PASSED by the governing body of the City of Wichita, Kansas, this ______day of

______, 2017.

______

Jeff Longwell, Mayor

ATTEST:

______

Karen Sublett, City Clerk

Approved as to Form:

______

Jennifer Magana, Director of Law

- 3 - 122 Agenda Item No. IV-8.

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Franchise Agreement between the City of Wichita and Verizon Wireless, LLC (All Districts)

INITIATED BY: Department of Public Works & Utilities

AGENDA: New Business

Recommendation: Approve the agreement and place the ordinance on first reading.

Background: Verizon seeks to enter the City's Public Rights-of-Way (the "ROW"), to install, maintain and operate certain equipment and new poles so that Verizon may provide telecommunications services to its customers. Verizon desires to obtain from the City, as required by law, a franchised right to access the ROW to locate, place, attach, install, operate, use, control, repair, replace, upgrade, enhance and maintain its equipment and new poles in a manner consistent with City ordinances and procedures.

Analysis: The agreement sets forth an initial 10-year term with automatic renewal for three additional five- year terms. Before facilities or equipment are placed in ROW, Verizon must obtain written approval from the City for each specific location. The City’s decision must be made no later than 45 days after the location application is filed.

Verizon’s access to the City ROW will be granted in exchange for: (1) $5,000 franchise application fee; (2) $125 annual new pole fee; (3) Annual $100 fee for ground space used; (4) Annual fee of $100 per attachment to municipal structures; (5) Permit fees, as required by City ordinance.

Verizon has agreed to work with the City on co-location, height, and aesthetics even though not required by the wireless siting law, K.S.A. 66-2019.

Financial Considerations: Under the proposed agreement, the City will receive a $5000 fee for the first year. In addition, annual compensation will be set on an annual “per pole” or “per attachment” basis. With Verizon’s anticipated deployment of up to 200 facilities in the ROW, annual City revenue to the General Fund is expected to be around $20,000 per year.

Legal Considerations: The Law Department has reviewed and approved the agreement and ordinance as to form.

Recommendation/Actions: It is recommended that the City Council approve the agreement, place the ordinance on first reading and authorize the necessary signatures.

Attachments: Franchise agreement and Ordinance.

123 Published in the Wichita Eagle on November 24, 2017

VERIZON WIRELESS (VAW) LLC D/B/A VERIZON WIRELESS

ORDINANCE NO. 50-612

AN ORDINANCE OF THE CITY OF WICHITA, KANSAS, GRANTING TO VERIZON WIRELESS (VAW) LLC D/B/A VERIZON WIRELESS, A DELAWARE LIMITED LIABILITY COMPANY, ITS SUCCESSORS AND ASSIGNS, A CONTRACT FRANCHISE AND MUNICIPAL STRUCTURE USE AGREEMENT AND PRESCRIBING THE TERMS OF SAID GRANT AND RELATING THERETO.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

This Contract Franchise and Municipal Structure Use Agreement ("Agreement") is entered into as of ___, 2017 ("Effective Date") by and between the City of Wichita, a municipal corporation (the "City"), and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless ("Verizon").

RECITALS

A. Verizon Wireless (VAW) LLC d/b/a Verizon Wireless is a Wireless Services Provider regulated by the Federal Communications Commission (FCC).

B. Verizon seeks to enter the City's Public Rights-of-Way (the "ROW"), and other real property of the City, to install, maintain and operate certain Equipment, Ground Equipment, and New Poles so that Verizon may provide Telecommunications Services to its customers.

C. Equipment may be located on Municipal Structures, Ground Equipment may be located within the ROW adjacent to third-party utility poles and other structures located within the ROW, and New Poles may be installed in the ROW, as permitted under this Agreement and applicable Laws.

D. Verizon desires to obtain from City, as permitted by law, and City is willing to grant to Verizon, as required by law, the right to access the ROW to locate, place, attach, install, operate, use, control, repair, replace, upgrade, enhance and maintain its Equipment, Ground Equipment, and New Poles in a manner consistent this Agreement.

In consideration of the Recitals set forth above, the terms and conditions of this Agreement and other valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows:

124 SECTION 1-A DEFINITIONS

For the purposes of this Agreement the following words and phrases shall have the meaning given herein.

a. "Commenced Installation" shall mean the date that Verizon commences to install its Equipment, or any expansion thereof, in the City's ROW.

b. "Equipment" means the equipment cabinets, antennae, utilities and fiber optic cables, wires, and related equipment, whether referred to singly or collectively, to be installed and operated by Verizon under a particular Supplement and that comprise a Small Cell installation. "Equipment" does not include "Ground Equipment", as defined below.

c. "Ground Equipment" means the equipment cabinets, utilities, and related equipment, whether referred to singly or collectively, to be installed on the ground within the ROW as part of an attachment of a Wireless Facility to a pole or structure owned and/or operated by third parties.

d. "Laws" means any and all laws, regulations, ordinances, resolutions, judicial decisions, rules, permits and approvals applicable to the subject matter of this Agreement. This Agreement does not limit any rights Verizon may have in accordance with Laws to install its own poles in the ROW or to attach Verizon's Wireless Facilities to third-party poles located in the ROW. This Agreement shall in no way limit or waive either party's present or future rights under Laws. If, after the date of this Agreement, the rights or obligations of either party are materially preempted or superseded by changes in Laws, the parties agree to amend this Agreement to reflect the change in Laws.

e. "Municipal Structures" means Poles, lighting fixtures, electroliers, or other structures owned and/or leased by the City and located within the ROW, and may refer to such structures in the singular or plural, as appropriate to the context in which used.

f. "Network" or collectively "Networks" means the telecommunications network operated by Verizon, and located within the Public Rights-of-Way, to serve its customers.

g. "New Pole(s)" means a pole, or other "wireless support structure" as that term is defined in K.S.A. § 66-2019(b)(21) and amendments thereto, owned or operated by Verizon.

h. "Poles" means any utility and/or lighting poles that are owned and/or leased by the City.

i. "Public Rights-of-Way" or "ROW" means only the area of real property in which the City has a dedicated or acquired right-of-way interest in the real property. It shall include the area on, below or above the present and future streets, alleys, avenues, roads, highways, parkways or boulevards dedicated or acquired as right-of-way. The term does not include easements obtained by utilities or private easements in platted subdivisions or tracts. The term also does not include infrastructure located within the Public Rights-of-Way owned by the City or other third-parties, such as Poles, ducts or conduits.

125 j. "Small Cell" means the Equipment at a particular location that comprises part of the Network.

k. "Supplement" shall mean each separate agreement, entered into between the City and Verizon with regard to specific Small Cell installations, the form of which shall be in substantially the same form as attached hereto as Exhibit A, which shall be subject to the terms and conditions of this Agreement.

l. "Telecommunications Services" has the same meaning as that term is defined in the United States Code, 47 U.S.C. § 153(53), or any other use authorized by and licensed to Verizon by the FCC, including, without limitation, Wireless Services.

m. "Wireless Facility" or "Wireless Facilities" has the same meaning as that term is defined under K.S.A. § 66-2019(b)(18) and amendments thereto.

n. "Wireless Services" has the same meaning as that term is defined under K.S.A. § 66-2019(b)(19) and amendments thereto.

o. "Wireless Services Provider" means a provider of Wireless Services as defined in K.S.A. § 66-2019(b)(24) and amendments thereto.

SECTION 1 INSTALLATION OF THE NETWORK

1.1 Permitted Installation. Verizon may, at Verizon's sole cost and expense, and during the term of this Agreement, locate, construct, place, attach, install, operate, use, control, repair, replace, upgrade, enhance and maintain Equipment, Ground Equipment, and New Poles subject to the terms and conditions of this Agreement. Verizon shall undertake and perform any work authorized by this Agreement in a skillful and workmanlike manner.

1.1.1 Installation Specifications. The installation of Equipment, Ground Equipment, and New Poles shall be made in accordance with plans and specifications as may be approved by the City, such approval not to be unreasonably withheld, conditioned, or delayed, and after obtaining all necessary Permits for all work in the ROW and/or on City property. Such approval review shall be made no later than forty-five days (45) days from application date, unless applicable Laws require a shorter approval period. The location, depth of the fiber underground in the ROW, and any other requirements, shall be approved in writing by the City prior to construction of Equipment, Ground Equipment or New Poles at each specific location, approval of which shall not be unreasonably withheld, conditioned or delayed. Approval of plans and specifications and the issuance of any Permits by the City shall not release Verizon from the responsibility for, or the correction of, any errors, omissions or other mistakes that may be contained in the plans, specifications and/or Permits. Verizon shall be responsible for notifying the City immediately upon discovery of such omissions and/or errors and with obtaining any amendments for corrected City-approved permits, as may be necessary. Verizon shall be responsible for all duly enacted and lawfully imposed costs associated with the permitting process, including, but not limited to, repairs and replacement of the affected ROW. Such Permits and approval requirements detailed in this section shall not be unreasonably withheld, conditioned or

126 delayed by the City, and any such conditions or requirements shall be in applicable Laws. Attachment to Municipal Structures must follow the procedures utilized in Section 5.

1.1.2 Temporary Construction. If the installation of Verizon's Equipment, Ground Equipment, and New Poles will require Verizon to obstruct or otherwise interfere with the portion of the ROW designated for vehicular traffic, then such installation shall be performed in accordance with traffic control plans for temporary construction work that are approved by the City, which approval shall not unreasonably be withheld, conditioned or delayed.

1.1.3 Construction Schedule. If requested by the City, at least ten (10) days prior to the installation of Equipment, Ground Equipment, and New Poles, Verizon shall deliver to the City a schedule for the proposed work related to the construction of same, as well as a list of the names of all agents and contractors of Verizon authorized by Verizon to access the City ROW and City owned property on Verizon's behalf.

1.1.4 Coordination of Work. Verizon shall be responsible for coordination of work to avoid any material interference with existing utilities, substructures, facilities and/or operations within the City's ROW. Verizon shall be the City's point of contact and all communications shall be through Verizon. Verizon shall be solely responsible for communicating with Kansas One-Call.

1.1.5 Inspection by City. The City shall have commercially reasonable access to inspect any work conducted by Verizon during the installation, maintenance and/or repairs of Equipment, Ground Equipment, and New Poles.

1.1.6 Other Utility Providers. When necessary, Verizon shall coordinate with other utility providers for other needed utility services and, subject to the provisions of Section 4.1, Verizon and the City will reasonably cooperate with the other utility providers regarding the location of any meter, pole, and other apparatuses required for each Small Cell installation.

1.1.7 Existing Utility Poles. If Verizon attaches a Wireless Facility to an existing utility pole pursuant to a properly executed agreement with the pole owner, any necessary replacement of the pole in order to accommodate the attachment shall be subject to the proper exercise of the City's police powers, and in no instance shall Verizon erect a New Pole within an existing aerial pole line absent the City's prior authorization, as determined by the City in accordance with applicable Laws.

1.2 Compliance with Laws. This Agreement is subject to the terms and conditions of all applicable Laws and the parties shall comply with any such Laws in the exercise of their rights and performance of their obligations under this Agreement.

1.2.1 Zoning Regulations. Zoning regulations shall not apply to installations of Equipment, Ground Equipment, and New Poles within the ROW.

1.3 Permits. Verizon shall obtain all necessary ministerial permits required by any appropriate governmental entity, including the City, including, without limitation, any encroachment or building permits (the "Permits"), and shall pay those fees associated therewith relating to the installation of the Network as currently allowed by Law. For each Small Cell (or

127 group of associated Small Cells) installed in the ROW, Verizon will pay to the City a one-time application fee to recover the City's costs associated with the review and approval of the installation of each Small Cell, provided that such application fee is established as the amount necessary to reimburse the City for its reasonable, actual and verifiable costs of reviewing and approving the application to install the particular Small Cell.

1.3.1 Intentionally Omitted.

1.3.2 Intentionally Omitted.

1.3.3 Compliance with Permits. All work within the City's ROW or other real property of the City shall be performed in strict compliance with all applicable Permits and all applicable Laws.

1.3.4 Intentionally Omitted.

1.4 Placement of Equipment, Ground Equipment and New Poles. Verizon shall coordinate the placement of its Equipment, Ground Equipment, and New Poles in the ROW in a manner that minimizes adverse impact on public improvements, as reasonably determined by the City.

1.4.1 Pole Height. The height of any New Pole (defined in Section 1.5) should not exceed forty (40) feet above ground level unless specifically authorized by the City, or unless otherwise allowed by applicable Laws.

1.5 New Poles. It is understood that Verizon may build New Poles or other wireless support structures required for the installation of its "wireless facilities" (as that term is defined under K.S.A. § 66-2019(b)(18) and amendments thereto) which would comply with applicable Laws ("New Poles").

1.5.1 Intentionally Omitted.

1.5.2 Intentionally Omitted.

1.5.3 Damage to New Poles. If a New Pole falls or is damaged such that there is an imminent threat of harm to persons or property, then the City may cause the New Pole to be removed to the side of the street or a location that City believes reasonably eliminates the risk of such imminent threat of harm to persons and/or property. Verizon shall, after written notice is received by Verizon from the City that any New Pole has been damaged or removed, cause the New Pole to be repaired, removed, and/or replaced within thirty (30) days after the City's written notice is received by Verizon. The cost to repair, remove and/or replace any New Pole shall be paid by Verizon; provided, however, that if the New Pole is damaged or destroyed by the City, then the City shall pay the cost to repair, remove, and/or replace the New Pole. To the extent that Verizon seeks reimbursement for damages caused by a third party, either directly or through applicable insurance, the City shall assign to Verizon any rights the City may have against such third party for such claim.

128 1.6 Compensation to the City. Verizon is solely responsible for the payment of all lawful Permit fees and other applicable charges in connection with Verizon's performance under this Agreement. Unless previously paid, within sixty (60) days of the Effective Date, Verizon shall pay to the City a one-time, non-refundable, application fee of Five-Thousand Dollars ($5,000.00) in accordance with Wichita City Code 3.93.260, with said one-time application fee serving as a means to allow the City to recover its reasonable costs associated with the review and administration of this Agreement. This one-time application fee only applies to this Agreement, and is not required for any Supplement, or application for a Supplement, entered into under this Agreement.

1.6.1 Attachment Fees. As compensation to City for use of the Municipal Structures, Verizon shall, at the commencement of each Supplement Term (as defined in Section 2.2 herein), pay to the City, on an annual basis during the Supplement Term, an attachment fee equal to $100.00 for each attachment of a Small Cell to a Municipal Structure (including all related Equipment placed on the ground near the Municipal Structure) ("Attachment Fee").

1.6.2 New Pole Fee. Verizon shall pay to the City, on an annual basis during the Agreement Term, upon invoicing by the City in the manner provided for in Section 1.6.5, the amount of $125.00 per year for each New Pole that it installs in the ROW ("New Pole Fee"). Any New Pole Fee shall commence upon the date that the City issues the final Permit required for the construction of the corresponding New Pole.

1.6.3 ROW Ground Space Fee. As compensation to City for use of the ROW where Verizon is not utilizing Municipal Structures or installing a New Pole, but Verizon requires the placement of Ground Equipment, Verizon shall pay to the City, on an annual basis during the Agreement Term, upon invoicing by the City in the manner provided for in Section 1.6.5, a fee in the amount of $100.00 per third-party pole or other structure upon which Verizon has attached a Small Cell (the "ROW Ground Space Fee"). The amount of the ROW Ground Space Fee is intended to approximate the City's cost to manage access to the ROW and to reflect Verizon's limited use of the ROW for its Ground Equipment. Any ROW Ground Space Fee shall commence upon the date that the City issues the final Permit required for the construction of the corresponding Ground Equipment.

1.6.4 Payment of Annual Attachment Fees. Verizon shall make the first payment of the annual Attachment Fee under any Supplement within ninety (90) days of the Acknowledgement (as defined in Section 2.2 herein). Thereafter, the annual Attachment Fee shall be paid in advance on or before each annual anniversary of the Commencement Date during the Supplement Term (each as defined in Section 2.2 herein).

1.6.5 Payment of New Pole Fees and ROW Ground Space Fees. Verizon shall pay the full undisputed amount of any invoice it receives from the City for New Pole Fees and ROW Ground Space Fees within forty-five (45) days after the City delivers the invoice to Verizon, with supporting documentation reasonably necessary to substantiate the amount invoiced.

1.6.6 Payment Procedures. All Attachment Fees, New Pole Fees, and ROW Ground Space Fees shall be paid by check made payable to City and mailed or delivered to City at the address provided in Section 10.3. The address for the delivery of payments may be changed

129 at any time by City upon 45 days' prior written notice to Verizon. Mailed payments shall be deemed paid upon the date such payment is officially postmarked by the United States Postal Service. Notwithstanding the foregoing, upon agreement by the parties, Verizon may pay any one or more of such fees by electronic funds transfer and, in such event, City agrees to provide to Verizon bank routing information for such purpose.

1.6.7 Taxes. Verizon agrees that it will be solely responsible for the payment of any and all applicable taxes, fees and assessments levied on its ownership, use and maintenance of the Network. Pursuant to Section 79-5(a)(26) of the Kansas Revenue and Taxation Code, the City hereby advises, and Verizon recognizes and understands, that Verizon's use of the City's ROW and Municipal Structures may create a possessory interest subject to real property taxation and that Verizon may be subject to, and responsible for, the payment of real property taxes levied on such interest. Verizon will cooperate with the Sedgwick County Assessor in providing any information necessary for the Assessor to make a property tax determination. Verizon reserves the right to challenge any such assessment, and the City agrees to cooperate with Verizon in connection with any such challenge.

1.6.8 Fee Documentation. For any party to whom annual Attachment Fees, New Pole Fees, and ROW Ground Space Fees payments are to be made, the City or any successor-in- interest of the City hereby agrees to provide to Verizon (i) a completed, current version of Internal Revenue Service Form W-9, or equivalent; (ii) complete and fully executed state and local withholding forms, if required; and (iii) other documentation to verify the City's or such other party's right to receive payment of such fees as is reasonably requested by Verizon. Such fees shall accrue in accordance with this Agreement, but Verizon shall have no obligation to deliver fee payments until the requested documentation has been received by Verizon. Upon receipt of the requested documentation, Verizon shall deliver the accrued fee payments as directed by the City.

1.7 Access to the Equipment, Ground Equipment and New Poles.

1.7.1 Verizon Access to Equipment for Repair. Verizon will be given reasonable access to each of the Municipal Structures and the ROW for the purposes of routine installation, repair, maintenance or removal of its Equipment, Ground Equipment, and New Poles. If any such maintenance activities have the potential to result in an interruption of any City services at the Municipal Structure, Verizon shall provide the City with a minimum of three (3) days prior written notice of such activities. Such activities shall, to the extent feasible, be done with minimal impairment, interruption, or interference to City services. Notwithstanding the forgoing, Verizon shall have reasonable, unfettered 24/7 access to the ROW, 365 days a year.

1.7.2 City Observation. At City's request, Verizon shall allow a representative of the City to observe any installation, repair, maintenance or removal work performed at the Municipal Structure and/or in the ROW.

130 SECTION 2 TERM AND TERMINATION

2.1 Term. This Agreement shall be effective as of the Effective Date, as defined in the preamble to this Agreement, and shall continue for ten (10) years thereafter ("Initial Term"). Thereafter, this Agreement shall automatically renew for three (3) additional 5-year terms ("Renewal Terms") unless Verizon notifies the City of its intent to terminate the Agreement at least 90 days prior to the end of the then-current term. The Initial Term and all Renewal Terms shall be collectively referred to herein as the "Agreement Term." In no event shall the City be permitted to terminate Verizon's right under this Agreement, or any Supplement, to place Equipment, Ground Equipment, and New Poles in the ROW unless material terms of the Agreement are breached, and Verizon fails to cure such breach within the applicable cure period. Notwithstanding anything herein, after the expiration or termination of this Agreement, its terms and conditions shall survive and govern with respect to all remaining Ground Equipment and/or New Poles as long as such Ground Equipment and/or New Poles remain in use, until their respective termination.

2.2 Supplement Term. The initial term for each particular Supplement shall commence the first day of the month following the date Verizon has Commenced Installation of its Equipment at a particular location under a Supplement (the "Commencement Date") and shall be for an initial term of ten (10) years (the "Supplement Initial Term"). The City and Verizon shall acknowledge in writing the Commencement Date (the "Acknowledgment"). Each Supplement shall automatically be extended for three (3) successive five (5) year renewal terms (each, a "Supplement Renewal Term") unless Verizon notifies the City in writing of Verizon's intent not to renew the Supplement at least thirty (30) days prior to the expiration of the then-current term. The Supplement Initial Term and all Supplement Renewal Terms shall be collectively referred to herein as the "Supplement Term." Notwithstanding anything herein, after the expiration or termination of this Agreement, its terms and conditions shall survive and govern with respect to each remaining Supplement in effect until its respective expiration or termination.

2.3 Extension of Termination Date. In the event the parties are actively negotiating in good faith a new agreement to replace this Agreement, or an amendment to extend the Agreement Term, the parties by written mutual agreement may extend the termination date of this Agreement to allow for further negotiations. Such extension period shall be deemed a continuation of this current Agreement and not as a new agreement.

2.4 Termination of Use. Notwithstanding Section 2.1 above, Verizon may terminate its use of any or all of the Municipal Structures and/or the ROW by providing written notice to the City in the manner provided in Section 10.3. In the event of any such termination, Verizon's payment obligations to the City shall terminate simultaneously with the specified date of such termination, provided Verizon removes its Equipment, Ground Equipment, and New Poles, and restores the Municipal Structure and/or ROW, as set forth in Section 3, below, and in the Wireless Ordinance, prior to the specified termination date.

131 SECTION 3 REMOVAL AND RELOCATION

3.1 Removal Due to Public Project. Pursuant to K.S.A. § 66-2019 and amendments thereto, Verizon shall relocate its Equipment, Ground Equipment, and New Poles, at no cost to City, within the time set forth in the City's written request provided that the City provides a minimum of 180 days advance written notice, unless circumstances beyond the City's control require a shorter period of advance notice, whenever the City reasonably determines that the relocation of such Equipment, Ground Equipment, and New Poles are needed for any of the following purposes: (a) due to any work proposed to be done by or on behalf of the City or any other governmental agency, including but not limited to, any change of grade, alignment or width of any street, sidewalk or other public facility, installation of curbs, gutters or landscaping and installation, construction, maintenance or operation of any underground or aboveground facility such as sewers, water mains, drains, storm drains, pipes, gas mains, poles, power lines, telephone lines, cable television lines and tracks; (b) because any part of the Network is interfering with or adversely affecting the proper operation of Poles, traffic signals, or other City facility; or (c) to protect or preserve the public health and safety. The City shall cooperate with Verizon in relocating any Equipment, Ground Equipment, and New Poles removed pursuant to this Section 3.1 in a manner that allows Verizon to continue providing service to its customers, including, but not limited to, expediting approval of any necessary Permits required for the relocation of any Equipment, Ground Equipment, and New Poles relocated under this Section 3.1, and/or placing a temporary communications facility in a location as mutually approved by the parties.

3.2 Removal Due to Termination. No later than ninety (90) days after termination of this Agreement, or Supplement hereunder, pursuant to the provisions of this Agreement, Verizon shall, at its sole cost and expense, remove the applicable Equipment, Ground Equipment, and New Poles and, if such removal disturbs the Municipal Structure, ROW, and/or City real property, restore each Municipal Structure, ROW, or City real property to its original condition, reasonable wear and tear and damage by casualty excepted, and further excepting landscaping and related irrigation equipment, or other aesthetic improvements made by Verizon to the Municipal Structure, adjacent City ROW, and/or City real property. Alternatively, the City may allow Verizon, in the City's sole and absolute discretion, to abandon the Network, or any part thereof, in place and convey it to the City.

3.3 Abandonment. In the event Verizon ceases to operate a Small Cell and abandons the Small Cell for a period of ninety (90) consecutive days or more, the Small Cell shall be deemed abandoned after 30 days written notice to Verizon. In the event that Verizon has not reinstated use of the Small Cell, or provided the City with written notice confirming the Small Cell is not abandoned, within said 30-day notice period, Verizon shall, at its sole cost and expense, vacate and remove the abandoned Small Cell within 180 days from the date the Small Cell is deemed abandoned. If such removal disturbs the Municipal Structure, adjacent ROW, and/or City real property, Verizon shall also, at its sole cost and expense, restore the Municipal Structure, ROW or City real property as required by Section 3.2 of this Agreement. Alternatively, the City may allow Verizon, in the City's sole and absolute discretion, to abandon the Small Cell, or any part thereof, in place and convey it to the City.

132 3.4 No Relocation Compensation. The parties understand and agree that neither the City nor Verizon are entitled to compensation for any removal and/or relocation of Verizon's Equipment, Ground Equipment, and New Poles due to public projects that may be required under Section 3.1. If relocation is for private benefit, Verizon is not responsible for the cost of the relocation to the extent of such private benefit and Verizon shall not be obligated to commence relocation until receipt of funds for such relocation. Verizon acknowledges that Verizon is not entitled to relocation assistance or any other compensation or benefits under the Uniform Relocation Assistance Act or any other applicable provision of law upon termination of this Agreement.

SECTION 4 POWER, MAINTENANCE AND REPAIR

4.1 Power. Verizon's power consumption may be metered, sub-metered, or unmetered at any specific Municipal Structure site as mutually determined by the parties in consideration of the requirements of the local utility provider for each Municipal Structure site.

4.1.1 Metered Service. If Verizon's power consumption is metered or sub- metered and billed directly by the utility to Verizon, Verizon shall pay the utility directly for its power consumption. If not billed directly by the utility, all invoices for power consumption shall be sent by the City to Verizon at M/S 3846, P.O. Box 2375, Spokane, WA 99210-2375, or sent by electronic delivery by email to [email protected], or such other physical or email address as directed by Verizon in writing, and Verizon shall pay the City within thirty (30) days after receipt of such invoice. Such invoices shall be delivered to Verizon no less frequently than annually, and shall indicate the usage amount upon which the invoice is based and the method used for determining the usage (whether based on an actual sub-meter readings or an average consumption if unmetered). All invoices for power consumption shall be sent by the City to Verizon within ninety (90) days following the conclusion of the calendar year (the "Invoice Period") in which the utility provider's invoices for power consumption were received by the City, and shall be accompanied by copies of such invoices, documentation of the sub-meter readings, or the City's determination of Verizon's average consumption for such calendar year. If the City fails to deliver an invoice for power consumption, with the required supporting documentation, to Verizon within the Invoice Period for any Supplement, the City waives any right to collect any payment from Verizon for such costs for the calendar year at issue.

4.1.2 Unmetered Service. In the event that Verizon's power consumption for a particular Municipal Structure site cannot be metered or sub-metered, the charges for such power consumption shall be addressed in the applicable Supplement.

4.1.3 Back Up Power. Verizon shall be permitted at any time during the Agreement Term or the applicable Supplement Term, to install, maintain and/or provide access to and use of, as necessary (during any power interruption at any Municipal Structure site, Ground Equipment site, or New Pole sites), a temporary emergency power source, and all related appurtenances within or adjacent to such site to the extent the City has the authority to permit the installation of a temporary emergency power source. Such temporary emergency power installation and power sources shall be in compliance with all applicable Laws. Notwithstanding the foregoing, no interruption or discontinuance of such electrical power will render the City liable

133 to Verizon for damages or relieve Verizon of any of its obligations hereunder, except to the extent it results from the negligence or willful misconduct of the City.

4.2 Maintenance and Repair. Verizon shall, at Verizon's sole cost and expense, perform all maintenance and repairs reasonably needed to maintain its Small Cells in good condition and neat and orderly appearance, and in compliance with all applicable Laws. In the event any part of a Small Cell requires replacement because such part cannot be repaired, Verizon shall, at Verizon's sole cost and expense, replace the irreparable part of its Small Cell. Verizon shall not cause rubbish, garbage or debris on or around its Network or the Small Cells and shall not permit any rubbish, garbage or debris to accumulate on or around in any enclosed areas around the Small Cells. If the City gives Verizon written notice of a failure by Verizon to maintain its Small Cells, Verizon shall use commercially reasonable efforts to remedy such failure within forty- eight (48) hours after receipt of such written notice.

4.3 Appearance. Verizon shall reasonably cooperate with the City on all issues of aesthetics and appearance. Verizon shall follow all legally binding City policies, state and local ordinances with respect to aesthetics. This includes, but is not limited to, historic site and/or locations of significant importance, in areas such as Downtown, Old Town and College Hill.

4.4 Repair of ROW. Verizon shall be responsible for any damage, ordinary wear and tear and damage by casualty excepted, to street pavement, existing facilities and utilities, curbs, gutters, sidewalks, landscaping, and all other public or private facilities, to the extent caused by Verizon's construction, installation, maintenance, access, use, repair, replacement, relocation, or removal of its Small Cells in the City's ROW. The City’s pavement cut contractor shall promptly repair such damage and return the City's ROW to a safe and satisfactory condition in accordance with the City's applicable street restoration standards. The City shall charge Verizon for the actual costs incurred by the City in performing such repair work. Upon the receipt of a demand for payment by the City, Verizon shall, within thirty (30) days of such receipt, reimburse the City for such costs. Verizon shall promptly repair any damage to property adjacent to the ROW, to the extent caused by Verizon's construction, installation, maintenance, access, use, repair, replacement, relocation, or removal of its Small Cells in the City's ROW, to the reasonable satisfaction of the City or adjacent property owner, as applicable. Verizon's obligations under this Section 4.4 shall survive for 45 days past the completion of such reparation and restoration work and return of the affected part of the City's ROW by Verizon to the City.

4.5 Bond. Verizon shall, prior to the commencement of any work under this Agreement, deliver to the City a performance bond in the amount of $50,000, payable to the City to ensure the appropriate and timely performance in the installation, removal, relocation, maintenance, and repair of Equipment, Ground Equipment, and New Poles located in the ROW. The required performance bond must be with good and sufficient sureties, issued by a surety company authorized to transact business in the State of Kansas, and reasonably satisfactory to the City Attorney in form and substance.

134 SECTION 5 ATTACHMENT TO MUNICIPAL STRUCTURES

5.1 Verizon will submit to the authorized representative of the City a proposed design for all proposed Equipment installations on Municipal Structures that will include the Equipment and Municipal Structures Verizon proposes to use. All approved Equipment installations shall be included as part of the applicable Supplement.

(a) In addition to attachments to Municipal Structures in the manner provided for under this Agreement, Verizon may, in its sole discretion, install its Wireless Facilities on other poles in the ROW that are lawfully owned and operated by third-parties, pursuant to an agreement with any such third-parties, or on its New Poles that are installed pursuant to the requirements of applicable Laws.

(b) Subject to the requirements, conditions and approvals required by this Agreement and applicable Laws, the City hereby authorizes, consents, and permits Verizon to enter upon the ROW and to locate, place, attach, install, operate, maintain, control, remove, reattach, reinstall, relocate, and replace Equipment in or on identified Municipal Structures (including, at Verizon's sole discretion, in or on its New Poles or other structures, or poles or other wireless support structures owned by third-parties) for the purposes of operating the Equipment and providing Telecommunications Services.

(c) To reduce the disruption to Municipal Structures, Verizon may power its Equipment by using the power sources that service the existing Municipal Structure and its components. The power used by Verizon's Equipment shall be determined on an individual site- by-site basis. All electrical work and installations related to the power sharing authorized by this Subsection 5.1(c) shall be performed by a licensed contractor that is approved by the City, and in a manner that is approved by the City. Verizon shall make all requests for power sharing arrangements pursuant to this Subsection 5.1(c) in advance and in writing. Verizon shall reimburse the City, as provided in Section 4.1.2, for the increased power costs that the City incurs as a result of any power sharing authorized by this Subsection 5.1(c).

(d) An application for the attachment of Equipment to Municipal Structures may only be denied for reasons reasonably related to capacity, safety, reliability or engineering concerns, or if the proposed attachment would violate applicable Laws of general applicability related to building codes, electrical codes, or related standards, or the requirements of this Agreement. Except as otherwise provided for by applicable Laws, no denial shall be based upon the size, quantity, shape, color, weight, configuration, or other physical properties of Verizon's Equipment, except that Equipment must conform as closely as practicable with the design and color of the Municipal Structure. The City shall document the basis for any denial, including the specific provisions of the Laws on which the denial was based (if applicable), and send the documentation to the Verizon on or before the day that it denies an application. Verizon may cure any deficiencies identified by the City and resubmit an application with thirty (30) days of the date of any denial without paying an additional application fee. The City shall approve or deny any resubmitted application within the earliest timeframe prescribed by applicable Laws.

135 (e) If Verizon selects a Municipal Structure that is structurally inadequate to accommodate Equipment, Verizon may at its sole cost and expense replace the Municipal Structure (a "Replacement Structure") with one that is acceptable to and approved by the City and dedicate such Replacement Structure to the City.

(f) Verizon shall install both remote and manual shut-off switches at each Municipal Structure on which it has installed Equipment such that the applicable Equipment at such Municipal Structure can be safely and immediately powered off by City's personnel when necessary. In the event of an emergency or to protect the public health or safety, prior to the City accessing or performing any work on a Municipal Structure on which Verizon has installed Equipment, the City may require Verizon to deactivate or power down such Equipment if any of the City's employees or agents must move closer to the Equipment than the recommended one foot minimum distance. In such case, the City will contact Verizon at the contact telephone number referenced in Section 9.3 herein to request the Equipment be powered down or deactivated. If Verizon fails to power down or deactivate the Equipment, the City's personnel may utilize the manual shut off switch to power off Verizon's Equipment, provided such personnel immediately notify Verizon at the contact telephone number referenced in Section 9.3 herein.

SECTION 6 INDEMNIFICATION

6.1 Indemnity. Subject to Section 7 of this Agreement, Verizon shall indemnify, defend, and hold harmless the City, its councilmembers, officers, employees, agents, and contractors, from and against liability, claims, demands, losses, damages, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, and the costs and expenses incurred in connection therewith, including reasonable attorneys' fees and costs of defense, to the extent resulting from activities undertaken by Verizon pursuant to this Agreement, except to the extent resulting from or caused by the negligence or willful misconduct of the City, its council members, officers, employees, agents, or contractors. The City shall promptly notify Verizon, in writing, of any claim, action or proceeding covered by this Section 6.1.

6.2 Limitation of Liability. Except for indemnification pursuant to Section 6.1 above, or a violation of law, neither party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

SECTION 7 INSURANCE

7.1 Commercial General Liability. Verizon shall obtain and maintain, at all times during the term of this Agreement, Commercial General Liability insurance with a limit of $1,000,000 per occurrence for bodily injury (including death) and property damage and $2,000,000 general aggregate including premises-operations, contractual liability, personal injury and products completed operations; and Commercial Automobile Liability insurance covering all owned non-owned and hired vehicles with a limit of $1,000,000 each accident for bodily injury

136 and property damage. The Commercial General Liability insurance policy shall include the City, its councilmembers, officers, and employees as additional insured as their interests may appear under this Agreement as respects any covered liability arising out of Verizon's performance of work under this Agreement. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. Upon receipt of notice from its insurer, Verizon shall use commercially reasonable efforts to provide the City with thirty (30) days prior written notice of cancellation. Verizon shall be responsible for notifying the City of such change or cancellation.

7.2 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Agreement, Verizon shall file with the City the required certificate(s) of insurance with blanket additional insured endorsements, which shall state the following:

(a) the policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts;

(b) that Verizon's Commercial General Liability insurance policy is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance; and

(c) that Verizon's Commercial General Liability insurance policy waives any right of recovery the insurance company may have against the City.

The certificate(s) of insurance with endorsements and notices shall be mailed to the City at the address specified in Section 10.3 below.

7.3 Workers' Compensation Insurance. Verizon shall obtain and maintain at all times during the term of this Agreement statutory workers' compensation and employer's liability insurance in an amount of One Million Dollars ($1,000,000) each accident/disease/policy limit and shall furnish the City with a certificate showing proof of such coverage.

7.4 Insurer Criteria. Any insurance provider of Verizon shall be authorized or permitted to do business in the State of Kansas and shall carry a minimum rating assigned by A.M. Best & Company's Key Rating Guide of "A-" Overall and a Financial Size Category of "VII."

(a) Severability of Interest. "Severability of interest" or "separation of insureds" clauses shall be made a part of the Commercial General Liability and Commercial Automobile Liability policies.

SECTION 8 DEFAULT

8.1 Default.

8.1.1 Defined. A "Default'' shall be deemed to have occurred under this Agreement, or any Supplement hereunder, if a party fails to cure a breach of any condition or

137 obligation imposed hereunder within thirty (30) days after written notice specifying such breach, provided that if the breach is of a nature that it cannot be cured within thirty (30) days, a Default shall not have occurred so long as the breaching party has commenced to cure within said thirty (30) day period and thereafter diligently pursues such cure to completion.

8.1.2 Remedies. Upon the failure of a party to timely cure any breach after notice thereof from the other party and expiration of the above cure periods, then the non-defaulting party may, subject to the terms of Section 6.2 (Limitation of Liability), terminate this Agreement, or any Supplement hereunder, and pursue all remedies provided for in this Agreement and/or any remedies it may have under applicable law or principles of equity relating to such breach; provided, however, that if a Default by Verizon relates to one or more Small Cells, but not the entire Network, then the City's remedies under Section 8.1.2 shall be limited to the specific Supplement(s) covering such Small Cells, and if a Default by Verizon relates to one or more locations in the ROW occupied by Ground Equipment and/or New Poles, but not the entire Network, then the City's remedies under Section 8.1.2 shall be limited to the ROW locations permitted by the City for such Ground Equipment and/or New Poles.

8.2 City Termination Right. In addition to the remedies set forth in Section 8.1.2, the City shall have the right to terminate this Agreement, or any Supplement hereunder, if (i) the City is mandated by law, a court order or decision, or the federal or state government to take certain actions that will cause or require the removal of Verizon's Equipment, Ground Equipment, and New Poles from the Public Right-of-Way, or (ii) if Verizon's FCC licenses required for the operation of its Network are terminated, revoked, expired, or otherwise abandoned, and Verizon has not commenced actions to seek the reinstatement or replacement of such FCC licenses. Such termination rights shall be subject to Verizon's rights to just compensation, if any, for any taking of a protected property right.

8.3 No Waiver. A waiver by either party at any time of any of its rights as to anything herein contained shall not be deemed to be a waiver of any breach of covenant or other matter subsequently occurring.

8.4 Interest. If the City does not receive payment for any amount owed under this Agreement within forty-five (45) days after it delivers written notice of non-payment to Verizon, Verizon shall pay interest to the City, at an annual rate of ten percent (10%), on the amount due.

SECTION 9 INTERFERENCE

9.1 Non-Interference with Non-Public Safety Communications Systems. Verizon shall operate its Equipment in a manner that will not cause harmful interference which is measurable in accordance with the then-existing industry standards to any City non-public safety communications systems, or to the communications facilities of other licensees or lessees of City property located at or near the Equipment that were in operation prior to the installation of such Equipment, or that are in operation prior to any modifications Verizon may make to such Equipment. The City agrees that after Verizon has attached Equipment to a specific Municipal Structure, the City and/or any other tenants, licensees, or Municipal Structure users who currently have or in the future take possession of space on the same Municipal Structure will be permitted

138 to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to the then- existing Equipment of Verizon.

9.2 Non-Interference with Public Safety Communications Systems. Verizon's Equipment shall not cause interference with public safety communications systems operated by City or any other public agency, regardless of the date such systems or any components thereof have been placed in service, nor shall Verizon's Equipment cause interference with the City's use of its streetlights, traffic lights, and/or stand-alone light poles.

9.3 Correction of Interference. If interference as described in Sections 9.1 and 9.2 occurs, and after the City has notified Verizon of such interference by a written communication and a call to Verizon's Network Operations Center ("NOC") (at (800) 264-6620/(800) 621-2622), Verizon will take all commercially reasonable steps necessary to correct and eliminate the interference including, but not limited to, at Verizon's option, powering down the Equipment causing the interference and later powering up such Equipment for intermittent testing. With regard to interference with public safety communications systems operated by the City or any other public agency, if Verizon is unable or refuses to eliminate such interference within 30 days of notice to Verizon's NOC (or such shorter time as may be specified in the written notice in the event of an emergency or danger to public health and safety requiring such shorter notice), the City may terminate Verizon's use of or right to use the Municipal Structure upon which such interfering Equipment is located, and Verizon shall promptly remove the Equipment from the Municipal Structure.

SECTION 10 MISCELLANEOUS PROVISIONS

10.1 Nonexclusive Use. Verizon acknowledges that this Agreement does not provide Verizon with exclusive use of the City's ROW or any Municipal Structures and that City retains the right to permit other providers of communications services to install equipment or devices in the City's ROW and on Municipal Structures.

10.2 Intentionally Omitted.

10.3 Notices. All notices which shall or may be given pursuant to this Agreement or any Supplement shall be in writing and served by (1) electronic mail; and (2) personally served or transmitted through first class United States mail, or by express mail providing for overnight delivery, postage prepaid, to the following address or such other address of which a party may give written notice:

139 City: City of Wichita 455 N. Main Wichita, KS 67202 Attention: City Clerk

With a copy to:

Jennifer Magana City Attorney 455 N. Main, 13th Fl. Wichita, KS 67202 [email protected]

Verizon: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless Attn: Network Real Estate 180 Washington Valley Road Bedminster, New Jersey 07921

Such notice shall be deemed made when personally delivered; if mailed via first class U.S. Mail, such notice shall be deemed made three (3) days after the date of deposit in the U.S. Mail; if mailed via express/overnight mail, such notice shall be deemed made two (2) days after the date of deposit in a designated overnight delivery mailbox or other like facility.

10.4 Sublease/Assignment. This Agreement may be assigned by Verizon without any approval or consent of the City to Verizon's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of Verizon's assets in the market defined by the FCC in which the ROW is located by reason of a merger, acquisition or other business reorganization; provided, however, that such assignee is bound by all of the terms and conditions of this Agreement. As to other parties, this Agreement may not be sold or assigned by Verizon without the written consent of the City, which shall not be unreasonably withheld, conditioned or delayed. In the event of any transfer or assignment of this Agreement, Verizon shall timely notify the City of the successor entity, provide an emergency point of contact for the successor entity, and advise the City of the effective date of the transfer or assignment. If Verizon assigns or sublets any interest in its Equipment, Ground Equipment, and New Poles, whether or not the City's consent is required, Verizon will provide notice of the transfer within a reasonable time.

10.5 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, successors, assigns and transferees.

10.6 Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. All prior and contemporaneous agreements, representations, negotiations, and understandings of the parties, oral or written, relating to the subject matter hereof are merged into and superseded by this Agreement. Any modification or amendment to this Agreement shall be of no force and effect unless it is in writing and signed by the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar. No waiver or consent

140 shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writing. No waiver shall be binding unless executed in writing by the party making the waiver.

10.7 Severability. If any one or more of the provisions of this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision or provisions shall be deemed separable from the remaining provisions of this Agreement and shall in no way affect the validity of the remaining portions of this Agreement.

10.8 Governing Law. This Agreement shall be interpreted and enforced according to, and the parties' rights and obligations governed by, the domestic law of the State of Kansas or applicable federal law, without regard to laws regarding choice of applicable law. Any proceeding or action to enforce this Agreement, or otherwise directly related to this Agreement shall occur in the federal court with jurisdiction over Sedgwick County, Kansas, or the state courts located in Sedgwick County, Kansas.

10.9 Survival of Terms. All of the terms and conditions in this Agreement related to payment, removal due to termination or abandonment, indemnification, limits of City's liability, attorneys' fees and waiver shall survive termination of this Agreement.

10.10 Captions and Paragraph Headings. Captions and paragraph headings used herein are for convenience only. They are not a part of this Agreement and shall not be used in construing this Agreement.

10.11 Drafting. The parties agree that this Agreement is the project of joint draftsmanship and that should any of the terms be determined by a court, or in any type of quasi- judicial or other proceeding, to be vague, ambiguous and/or unintelligible, that the same sentences, phrases, clauses or other wording or language of any kind shall not be construed against the drafting party.

10.12 Intentionally Omitted.

10.13 Authority to Execute This Agreement. Each person or persons executing this Agreement on behalf of a party, warrants and represents that he or she has the full right, power, legal capacity and authority to execute this Agreement on behalf of such party and has the authority to bind such party to the performance of its obligations under this Agreement without the approval or consent of any other person or entity.

10.14 No Warranty by the City. The City makes no representations or warranties regarding the suitability, condition or fitness of the Municipal Structures for the installation, maintenance or use of the Small Cells.

10.15 Agreement Applicable Only to the Municipal Structures. This Agreement shall not be construed to permit the construction, installation, maintenance or use of Equipment on any property other than the Municipal Structures, except as explicitly provided herein.

10.16 No Abrogation of Legal Responsibilities. The City's execution of this Agreement shall not abrogate, in any way, Verizon's responsibility to comply with all permitting requirements

141 or to comply with all Laws with respect to its performance of the activities permitted under this Agreement.

10.17 Contractual Interpretation. In the interpretation and application of its rights under this Agreement, the City will act in a reasonable, non-discriminatory, and competitively neutral manner in compliance with all applicable federal, state, and local laws and regulations.

10.18 Effective Date of Ordinance. This Ordinance shall be effective upon its final passage and publication as required by law.

10.19 Public Records. Verizon acknowledges that information submitted to the City may be open to public inspection and disclosure under the provisions of Kansas' Open Records Act, codified at K.S.A. § 45-215 through § 45-223. Verizon may identify information, such as trade secrets, proprietary financial records, customer information or technical information, submitted to the City as confidential. Verizon shall prominently mark any information for which it claims confidentiality with the word "Confidential" on each page of such information prior to submitting such information to the City. The City shall treat any information so marked as confidential until the City receives any request for disclosure of such information. The City shall provide Verizon with written notice of the request, including a copy of the request, to Verizon at Verizon Wireless – West Territory, Attention: Real Estate Manager, 10740 Nall Ave., Suite 400, Overland Park, Kansas 66211, within three (3) working days of receiving the request. Verizon shall then provide a written response to the City within three (3) working days, by either authorizing the disclosure or advising of its election to seek a protective order. If Verizon chooses to seek an appropriate protective order, the City will refrain from disclosing such information (unless legally compelled to do so) until the request for a protective order is resolved, and will then comply with any validly-issued protective order. The City retains the final discretion to determine whether to release the requested confidential information, in accordance with applicable Laws.

[Signatures Begin on Following Page]

142 EXECUTED to be effective as of the last date shown below.

CITY:

City of Wichita, Kansas

By:

Name:

Title:

Date:

GRANTEE:

Verizon Wireless (VAW) LLC d/b/a Verizon Wireless

By:

Name:

Title:

Date:

143 EXHIBIT A

FORM OF SUPPLEMENT (FOR ATTACHMENT TO MUNICIPAL STRUCTURES)

SUPPLEMENT

This Supplement ("Supplement"), made this _____ day of ______, 20____ ("Supplement Effective Date") between the City of Wichita, a political subdivision of the State of Kansas, hereinafter designated "City", and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its principal offices at c/o Verizon Wireless, One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, hereinafter designated "Verizon":

1. Supplement. This is a Supplement as referenced in that certain Contract Franchise and Municipal Structure Use Agreement between City and Verizon, dated ______, ____ ("Agreement"). All of the terms and conditions of the Agreement are incorporated hereby by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement, unless otherwise indicated herein.

2. Project Description and Locations. Verizon shall have the right to install, construct, operate, repair and replace one or more Small Cells on the Municipal Structures in the ROW as further described in Attachment 1 attached hereto.

3. Equipment. The Small Cells to be installed on the Municipal Structures are described in Attachment 1 attached hereto.

4. Term. The Supplement Term of this Supplement shall be as set forth in Section 2.2 of the Agreement.

5. Commencement Date. The first day of the month following the date Verizon has Commenced Installation of its Equipment on the Municipal Structures, as evidenced by the Acknowledgement required under Section 2.2 of the Agreement.

6. Fees. The annual Attachment Fees for the Supplement Term shall be $100.00 per Equipment, or group of associated Equipment, as determined in accordance with Section 1.6.1 of the Agreement.

7. Power Consumption. [Verizon's power consumption for its Equipment shall be metered or sub-metered and billed to Verizon as provided in Section 4.1 of the Agreement.]

[City and Verizon acknowledge that power consumption for the Equipment sites covered by this Supplement cannot be metered or sub-metered, and that Verizon will power the Equipment using power sources that service the Municipal Structures. Verizon shall pay the City for the increased power costs at a rate of $_____ per Equipment, per year (the "Power Charge"). The annual Power Charge shall commence and be payable concurrently with the Annual Attachment Fee payable pursuant to Section 6 of this Supplement.]

144 8. Approvals/Fiber. It is understood and agreed that Verizon's ability to use the Municipal Structures is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities, as well as satisfactory fiber optic cable and electrical connections which will permit Verizon's use of the Municipal Structures as set forth above. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to Verizon is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) Verizon determines that any of such Governmental Approvals may not be obtained in a timely manner; (iv) Verizon determines that it will be unable to obtain in a satisfactory manner, or maintain any fiber or power connection; or (v) Verizon determines that one or more of the Municipal Structures is no longer technically compatible for its use, Verizon shall have the right to: (1) terminate this Supplement; or (2) terminate the applicable Small Cells sites under this Supplement. Notice of Verizon's exercise of its right to terminate shall be given to the City in writing as required by Section 10.3 of the Agreement, and shall be effective upon the mailing of such notice by Verizon, or upon such later date as designated by the City. All fees paid to said termination date shall be retained by the City. Upon termination of the Supplement in its entirety, this Supplement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each party to the other hereunder. Otherwise, Verizon shall have no further obligations for the payment of fees to the City.

9. Miscellaneous. [to be deleted if not applicable]

[Signature Page Follows]

145 EXECUTED to be effective as of the last date shown below.

CITY:

City of Wichita, Kansas

By:

Name:

Title:

Date:

VERIZON:

Verizon Wireless (VAW) LLC d/b/a Verizon Wireless

By:

Name:

Title:

Date:

146

147 Agenda Item No. IV-9

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council Members SUBJECT: Century II Public Engagement INITIATED BY: City Council AGENDA: New Business ______Recommendation: Approve the scope of services and amendment for the Request for Proposals.

Background: The City of Wichita contracted with Arup Advisory Inc. to provide an analysis of proposed capital projects including the expansion of the Century II Performing Arts and Convention Center. Arup presented its analysis during a September 12, 2017 City Council workshop. Based on Arup’s analysis, the City Manager recommended a community engagement process be initiated to obtain feedback on Arup’s preliminary recommendations for Century II as a performing arts center. The City Manager recommended the engagement process begin in the fourth quarter of 2017 and be led by an independent third party to ensure neutral framing of the issues.

Analysis: The City Manager’s Office drafted a request for proposals (RFP) inviting experienced and qualified facilitation and project consultants to design and implement a transparent public engagement process that involves a broad cross-section of Wichita residents in a discussion of interests related to the future of Century II as a performing arts center. The primary purpose of this engagement is to identify the community's interests and recommendations related to Century II as a performing arts center, to include the option of its removal and replacement, as well as its relationship to the convention center, both in function and spatial proximity. The consultant that is awarded a contract will execute the proposed engagement process and develop a comprehensive report that summarizes the community’s interests, recommendations, and preferred options related to Century II as a performing arts center.

Financial Considerations: The costs associated with any contract or agreement resulting from the RFP selection process are expected to be funded through the Tourism and Convention Fund. Legal Considerations: The amended request for proposals has been reviewed by the Law Department and approved as to form.

Recommendation/ Actions: It is recommended that the City Council approve the scope of services and amendment for the Request for Proposals.

Attachment: Amended Request for Proposals

148

Request for Proposal FP740066

City of Wichita City Manager’s Office

Public Engagement and Facilitation Services

Century II Performing Arts Center

Proposals Due by: 3:00 P.M., FRIDAY, NOVEMBER 3, 2017

149

REQUEST FOR PROPOSALS FOR PUBLIC ENGAGEMENT AND FACILITATION SERVICES

The City Manager’s Office is seeking proposals from experienced and qualified public engagement and facilitation consultants to design and implement a transparent process that engages a broad cross-section of Wichita residents in a discussion of interests related to the future of Century II as a performing arts center. The primary purpose of this engagement is to identify the community's interests and recommendations related to Century II as a performing arts center, to include the option of its removal and replacement, as well as its relationship to the convention center, both in function and spatial proximity.

BACKGROUND: Century II Performing Arts & Convention Center is a performing arts and convention center in Wichita, Kansas. Located near the east bank of the Arkansas River in downtown Wichita, Century II is the largest center for entertainment, consumer shows and meetings in Wichita and is home to four arts organizations - Wichita Symphony Orchestra, Wichita Grand Opera, Music Theatre Wichita, and Music Theatre for Young People.

The City of Wichita recently contracted with Arup Advisory Inc. to provide an analysis of proposed capital projects including the expansion of the Century II Performing Arts and Convention Center. Attached is a summary of the analysis that includes recommendations and proposed next steps. In light of the report provided by Arup, the City Manager’s Office is seeking proposals from experienced and qualified facilitation and project consultants to design and implement a transparent public engagement process that engages a broad cross-section of Wichita residents in a discussion of interests related to the future of Century II as a performing arts center. The primary purpose of this engagement is to identify the community's interests and recommendations related to Century II as a performing arts center, to include the option of its removal and replacement, as well as its relationship to the convention center, both in function and spatial proximity. The interests and recommendations collected as a result of the engagement process, as expressed by Wichita residents, should be collected and summarized in a comprehensive report.

The City Manager’s Office (hereinafter referred to as the City) makes this Request for Proposals (hereinafter referred to as the RFP) in order to select qualified Consultants (hereinafter referred to as the Consultant) to provide professional public engagement and complex facilitation services (hereinafter called the Project).

The Project is generally described in the “Scope of Services” contained within this RFP, including descriptions of roles, responsibilities and relationship of the Consultant, City, and other parties involved in the Project.

SCOPE OF SERVICES: It is the intent of this document to outline a general description of the Project, the extent of services required, and the relationship of this Project to the agencies or other parties that will interact with the Consultant. The contents of this document are considered representative of the Project as a whole, but are by no means conclusive. Upon the request of the City, the Consultant shall perform the following types of work:  Design and implement public engagement process that identifies the community’s interests and recommendations related to Century II as a performing arts center. The primary purpose of this engagement is to identify the community's interests and recommendations related to Century II as a performing arts center, to include the option of its removal and replacement, as well as its relationship to the convention center, both in function and spatial proximity. This work to include, where necessary, review of existing and new research on particular topics with the aim of synthesizing the same for

150

presentation to different audiences. May include various tools to provide broad and/or targeted outreach such as surveys, focus groups, business meetings, interviews with key stakeholders, and others.  Execute a transparent public engagement process that involves a broad cross-section of Wichita residents in a discussion of interests related to the future of Century II as a performing arts center. This work to include development of strategies through implementation and follow up post events/meetings. May also include facilitation of meetings with staff and/or advisory groups within the City.  Develop a comprehensive report that summarizes the community’s interests, recommendations, and preferred options related to Century II as a performing arts center to include the option of its removal and replacement, as well as its relationship to the convention center, both in function and spatial proximity.  Deliverables and timelines to be agreed upon per project and included as part of negotiated contract.  Interested parties should submit a detailed proposal for public engagement and facilitation services that fully address the scope of services included in the RFP.  The Consultant will be paid for services up to an amount approved by the City Manager.

SCHEDULE: The following is a listing of key Proposal and Project milestones:

RFP Release Friday, October 20, 2017 Proposals Due Friday, November 3, 2017 Estimated Consultant Selection Two weeks after due date Estimated Services start date(s): Tuesday, December 5, 2017

PROPOSAL DUE DATE and LOCATION: The Consultant shall submit its proposal to the City of Wichita Purchasing Office to: [email protected]. In addition to an electronic copy, please submit ten original hardcopies to the City Purchasing Manager, 12th Floor, City Hall, 455 N. Main, Wichita, Kansas, 67202. Proposal shall be received in the Purchasing Office prior to 3:00 P.M., FRIDAY, NOVEMBER 3, 2017.

EVALUATION OF PROPOSALS – SELECTION OF CONSULTANT: Proposals will be reviewed by a Screening and Selection Panel selected by the City Manager. The Panel may select a “short list” of qualified Consultants to be formally interviewed as part of the final selection. Evaluations will be based on the required criteria listed in Section III “PROPOSAL FORMAT”, and the following:

A. Quality, thoroughness, and clarity of proposal. B. Qualifications and experience of staff (includes a review of references). C. How well the Scope of Services offered meets the objectives of the RFP. D. The proposed timeline for design and execution of the public engagement process. E. Cost of services proposed. F. Emerging and Disadvantaged Business Enterprise Program

PROPOSAL FORMAT: The Consultant shall provide the appropriate information in sufficient detail to demonstrate that the evaluation criteria has been satisfied as specified in “EVALUATION OF PROPOSALS”. To allow for easier comparison of proposals during evaluation, proposals should contain the following sections and appendices and be arranged in consecutive order. 1. Executive Summary – The Executive Summary should include a clear statement of the Consultant’s understanding of the RFP including a brief summary of the Scope of Work. Include, at a minimum, an outline of the contents of the proposal, an identification of the proposed project team, a description of the responsibilities of the project team, and a summary of the proposed services.

151

2. Scope of Services – Describe in detail how services will be provided. Include a detailed listing and description of tasks and deliverables. 3. Experience and Capacity – Describe background and related experience demonstrating ability to provide required services. Please include experience related to conducting public engagement and meeting facilitation with broad cross-sections of diverse communities. 4. References – List references from contracts similar in size and scope. 5. Personnel Listing – Show involved individuals with resumes and specific applicable experience. 6. Timeline – The proposed timeline for design and execution of the public engagement process. 7. Cost/Fees – Indicate proposed cost of service including a description of how costs were determined; hourly rates; direct costs and payment billing schedule; list of charges per classification of employee.

152 Agenda Item No. VIII -1

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Cancellation of December 26, 2017 and January 2, 2018 City Council Meetings

INITIATED BY: City Council

AGENDA: Council Agenda

Recommendation: Cancellation of December 26, 2017 and January 2, 2018 City Council meetings

Background: Sec. 2.04.180 of the City of Wichita Code of Ordinances provides the process under which Regular Council Meetings may be scheduled or cancelled:

“Regular meetings may be cancelled, or held from time to time at such other times and locations within the city or scheduled as a consent agenda/workshop meeting as determined at a prior meeting by a majority of the council members.”

Analysis: Both of these meetings would fall the day after a weekend and holiday, creating a challenging schedule for both City Council and staff to be appropriately prepared to conduct City business when the City would have been closed the three previous days. In addition, it would be challenging for citizens and the media to be updated on Agenda items in advance of a Council meeting.

Financial Considerations: None.

Legal Considerations: City Ordinance provides Council with authority to cancel meetings by a simple majority vote.

Recommendations/Actions: It is recommended that the City Council cancel the December 26, 2017 and January 2, 2018, City Council meetings.

Attachment: None.

153 154 155 156 157 158 159 160 161 162 163 164 165 CMB’S FOR November 7, 2017

Renew 2017 Consumption On Premises Beverly Salas Casa Del Charro** 2227 N. Arkansas Erica Torres El Rancho** 2801 N Broadway Ron Meyer Pine Bay Golf Course** 6615 S. Grove

** General/Restaurant (need 50% or more gross revenue from sale of food) *** Retailer (Grocery stores, convenience stores, etc.)

166 167 168 169 Agenda Item No. II-4a

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Petition for Paving Improvements to Serve West Wichita Addition (District VI)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the petition and budget, and adopt the resolution.

Background: The petition is a requirement to construct inset parking along the west side of Walnut Street, south of Douglas Avenue. The petition is valid per Kansas Statute 12-6a01. The signatures on the petition represent 100% of the improvement district.

Analysis: The project will provide paving improvements required for an existing commercial development located in the Delano District.

Financial Considerations: The petition total for the paving improvements is $17,700. The funding source for the project is 100% special assessments.

Legal Considerations: The Law Department has reviewed and approved the petition and resolution as to form.

Recommendations/Actions: It is recommended that the City Council approve the petition and budget, adopt the resolution, and authorize the necessary signatures.

Attachments: Map, budget sheet, petition, and resolution.

170 132019

(Published in the Wichita Eagle, on November 10, 2017)

RESOLUTION NO. 17-396

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (PAVING IMPROVEMENTS – WEST WICHITA/NORTH OF MAPLE, WEST OF SENECA) (472-85414).

WHEREAS, a petition (the “Petition”) was filed with the City Clerk of the City of Wichita, Kansas (the "City") proposing certain internal improvements; and said Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-6a01 et seq., (the "Act"); and

WHEREAS, the City Council (the “Governing Body”) of the City hereby finds and determines that said Petition was signed by a majority of the resident owners of record of the property liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of the Act.

THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

Section 1. Findings of Advisability. The Governing Body hereby finds and determines that:

(a) The improvements proposed to be made are as follows (the "Improvements"):

That there be constructed pavement on the west side of Walnut Street from the south line of West Douglas Avenue southerly, 103 feet more or less. Drainage to be installed where necessary.

b) The estimated or probable cost of the proposed Improvements is: Seventeen Thousand Seven Hundred Dollars ($17,700.00), exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

171 (c) The extent of the proposed improvement district (the "Improvement District") to be assessed for the costs of the proposed Improvements is:

Lot 20, Chicago (Now Douglas) Ave, West Wichita, Sedgwick County, Kansas

(d) The proposed method of assessment is: on a per lot basis.

In the event that the driveway approaches and curb cuts are not included within the scope of the Improvements and the estimated cost thereof as set forth in subsection (b) above, the costs of such driveway approaches and curb cuts so constructed shall be directly assessed to the property benefitted thereby in addition to the assessments levied for the Improvements.

In the event all or part of the lots or parcels in the proposed Improvement District are reconfigured before or after assessments have been levied, the assessments against the replatted area shall be recalculated on a square foot basis.

(f) The payment of assessments to be imposed hereunder may be indefinitely deferred against those property owners eligible for deferral pursuant to the City’s Special Assessment Deferral Program.

Section 2. Authorization of Improvements. The Improvements are hereby authorized and ordered to be made in accordance with the findings of the Governing Body as set forth in Section 1 of this Resolution.

Section 3. Plans and Specifications. The City Engineer shall prepare plans and specifications for said Improvements and a preliminary estimate of cost therefore, which plans, specifications and estimate shall be presented to the Governing Body for its approval.

Section 4. Bond Authority; Reimbursement. The Act provides for the Improvements to be paid by the issuance of general obligation bonds or special obligation bonds of the City (the "Bonds"). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation § 1.150-2.

Section 5. Effective Date. This Resolution shall be effective upon adoption. This Resolution shall be published one time in the official City newspaper, and shall also be filed of record in the office of the Register of Deeds of Sedgwick County, Kansas.

172 ADOPTED by the City Council of the City of Wichita, Kansas, on November 7, 2017.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

173 174 175 176 177 178 179 180 181 Agenda Item No. II-4b

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Petition for Sanitary Sewer Improvements to Serve Wheatridge Addition (District IV)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the petition and budget, and adopt the resolution.

Background: The petition is a requirement to extend sanitary sewer to property platted in 1968 that was never developed. The petition is valid per Kansas Statute 12-6a01. The signatures on the petition represent 100% of the improvement district.

Analysis: The project will provide sanitary sewer improvements required for a new commercial development located north of Kellogg and west of 119th Street West.

Financial Considerations: The petition total for the sanitary sewer improvements is $115,000. The funding source for the project is 100% special assessments.

Legal Considerations: The Law Department has reviewed and approved the petition and resolution as to form.

Recommendations/Actions: It is recommended that the City Council approve the petition and budget, adopt the resolution, and authorize the necessary signatures.

Attachments: Map, budget sheet, petition, and resolution.

182 132019

(Published in the Wichita Eagle, on November 10, 2017)

RESOLUTION NO. 17-397

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (LATERAL 45, MAIN 1, COWSKIN INTERCEPTOR SEWER – WHEATRIDGE ADDITION/NORTH OF KELLOGG, WEST OF 119TH STREET WEST) (468-85259).

WHEREAS, the City Council (the “Governing Body”) of the City hereby finds and determines that said Petition was signed by the owners of record of more than one-half of the area liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of the Act.

THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

Section 1. Findings of Advisability. The Governing Body hereby finds and determines that:

(a) The improvements proposed to be made are as follows (the "Improvements"):

Construction of a lateral sanitary sewer, including necessary sewer mains and appurtenances to serve the Improvement District defined below.

(b) The estimated or probable cost of the proposed Improvements is: $115,000, exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

(c) The extent of the proposed improvement district (the "Improvement District") to be assessed for the costs of the proposed Improvements is:

LOTS 8-14, BLOCK 2, WHEATRIDGE ADDITION

(d) The proposed method of assessment is: on a fractional basis as described below.

The owner(s) of Lots 8-14, Block 2 shall each pay 1/7 (14.28%) of the total cost payable by the improvement district.

183

(f) The payment of assessments to be imposed hereunder may be indefinitely deferred against those property owners eligible for deferral pursuant to the City’s Special Assessment Deferral Program.

ADOPTED by the City Council of the City of Wichita, Kansas, on November 7, 2017.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

184 185 186 187 188 189 190 Agenda Item No. II-4c

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Petition for Paving Improvements to Serve Richmond’s Addition (District IV)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the petition and budget, and adopt the resolution.

Background: The petition is a requirement for commercial redevelopment and is valid per Kansas Statute 12-6a01. The signatures on the petition represent 100% of the improvement district.

Analysis: The project will provide paving improvements required for a commercial redevelopment located west of Meridian, south of Kellogg.

Financial Considerations: The petition total for the alley pavement improvements is $31,500. The funding source for the project is 100% special assessments.

Legal Considerations: The Law Department has reviewed and approved the petition and resolution as to form.

Recommendations/Actions: It is recommended that the City Council approve the petition and budget, adopt the resolution, and authorize the necessary signatures.

Attachments: Map, budget sheet, petition, and resolution.

191 132019

(Published in the Wichita Eagle, on November 10, 2017)

RESOLUTION NO. 17-398

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (PAVING IMPROVEMENTS – RICHMOND’S ADDITION/WEST OF MERIDIAN, SOUTH OF KELLOGG) (472-85415).

THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

Section 1. Findings of Advisability. The Governing Body hereby finds and determines that:

(a) The improvements proposed to be made are as follows (the "Improvements"):

Construction of pavement on existing alley abutting Lots 23, 25, 27, 29, 31, 33, 35, 37 and 39, Richmond’s Addition, Wichita, Sedgwick County, Kansas.

b) The estimated or probable cost of the proposed Improvements is: THIRTY ONE THOUSAND FIVE HUNDRED DOLLARS ($31,500), exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

(c) The extent of the proposed improvement district (the "Improvement District") to be assessed for the costs of the proposed Improvements is:

LOTS 23, 25, 27, 29, 31, 33, 35, 37 AND 39, RICHMOND’S ADDITION, WICHITA, SEDGWICK COUNTY, KANSAS.

(d) The proposed method of assessment is: per square foot basis.

192 In the event that the driveway approaches and curb cuts are not included within the scope of the Improvements and the estimated cost thereof as set forth in subsection (b) above, the costs of such driveway approaches and curb cuts so constructed shall be directly assessed to the property benefitted thereby in addition to the assessments levied for the Improvements.

(e) The apportionment of the cost of the Improvements, between the Improvement District and the City at large, is: 100% to be assessed against the Improvement District and 0% to be paid by the City-at- large. The costs outlined in this petition are to pave only the east half of the alley adjoining the lots listed above. The west half of the alley paving shall be paid for by assessment to adjoining properties to the west of the alley.

(f) The payment of assessments to be imposed hereunder may be indefinitely deferred against those property owners eligible for deferral pursuant to the City’s Special Assessment Deferral Program.

ADOPTED by the City Council of the City of Wichita, Kansas, on November 7, 2017.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

193 194 195 196 197 198 199 Agenda Item No. II-4d

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Revised Petition and Amending Resolution for Paving Improvements to Serve Phase 2 Estancia Commercial Addition (District V)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the revised petition and revised budget, and adopt the amending resolution.

Background: On September 15, 2015, the City Council adopted Resolution No. 15-304 for paving improvements to serve Phase 2 Estancia Commercial Addition located north of 37th Street North and east of Ridge Road. A review of the petition revealed a technical error, which should be corrected.

Analysis: The existing petition listed the incorrect dollar amount. A revised petition has been submitted by the developer and an amending resolution has been prepared to correct the dollar amount.

Financial Considerations: The project budget for the paving improvements was $413,000. The correct amount for the paving improvement is $101,000. The project is funded by 100% special assessments.

Legal Considerations: The Law Department has reviewed and approved the revised petition and amending resolution as to form.

Recommendation/Action: It is recommended that the City Council approve the revised petition and revised budget, adopt the amending resolution and authorize the necessary signatures.

Attachments: Revised petition, budget sheet and amending resolution.

200 766351

(Published in the Wichita Eagle, on November 10, 2017)

RESOLUTION NO. 17-399

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (PAVING IMPROVEMENTS PHASE 2– ESTANCIA COMMERCIAL ADDITION/NORTH OF 37TH STREET NORTH, EAST OF RIDGE) (472-85242).

WHEREAS, the City of Wichita, Kansas (the “City”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the City Council of the City (the “Governing Body”) has heretofore by Resolution No. 15-304 of the City (the “Prior Resolution”) authorized certain internal improvements; and

WHEREAS, the estimated or probable cost of the proposed improvements authorized by the Prior Resolution has changed;

WHEREAS, pursuant to the receipt of a new petition (the “Petition”), it is necessary to authorize the improvements requested therein by the adoption of a new resolution of the City and repeal the Prior Resolution; and

WHEREAS, the Petition was filed with the City Clerk proposing certain internal improvements; and said Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-6a01 et seq.(the "Act"); and

WHEREAS, the Governing Body hereby finds and determines that said Petition was signed by a majority of the resident owners of record of the property liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of the Act.

THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

Section 1. Repealer. The Prior Resolution is hereby repealed.

Section 2. Findings of Advisability. The Governing Body hereby finds and determines that:

(a) The improvements proposed to be made are as follows (the “Improvements”):

Paving on Summitlawn St. from the South edge of Village Cir. to the North edge of Palmetto St.

Construction of sidewalk along the West side of Summitlawn St. from the North edge of Palmetto St. to the South edge of Village Cir.

201 (b) The estimated or probable cost of the proposed Improvements is: $101,000.00, exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

(c) The extent of the proposed improvement district (the "Improvement District") to be assessed for the costs of the proposed Improvements is:

Lot 1, Block 3

(d) The proposed method of assessment is equally per square foot.

(f) The payment of assessments to be imposed hereunder may be indefinitely deferred against those property owners eligible for deferral pursuant to the City’s Special Assessment Deferral Program.

Section 3. Authorization of Improvements. The Improvements are hereby authorized and ordered to be made in accordance with the findings of the Governing Body as set forth in Section 2 of this Resolution.

Section 4. Plans and Specifications. The City Engineer shall prepare plans and specifications for said Improvements and a preliminary estimate of cost therefore, which plans, specifications and estimate shall be presented to the Governing Body for its approval.

Section 5. Bond Authority; Reimbursement. The Act provides for the Improvements to be paid by the issuance of general obligation bonds or special obligation bonds of the City (the "Bonds"). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of adoption of the Prior Resolution, and 60 days before the date of adoption of this Resolution, to the extent of the increased authorization contained herein, all pursuant to Treasury Regulation § 1.150-2.

Section 6. Effective Date. This Resolution shall be effective upon adoption. This Resolution shall be published one time in the official City newspaper, and shall also be filed of record in the office of the Register of Deeds of Sedgwick County, Kansas.

202 ADOPTED by the City Council of the City of Wichita, Kansas, on November 7, 2017.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

203 204 205 206 207 208 209 210 Agenda Item No. II-4e

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Petition for Sanitary Sewer Improvements to Serve Hoskinson 3rd Addition (District V)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the petition and budget and adopt the resolution.

Background: The petition is a requirement for a commercial lot split and is valid per Kansas Statute 12- 6a01. The signatures on the petition represent 100% of the improvement district.

Analysis: The project will provide sanitary sewer improvements required for a commercial lot split located south of 37th Street North, west of Ridge Road.

Financial Considerations: The petition total for the sanitary sewer improvements is $21,000. The funding source for the project is 100% special assessments.

Legal Considerations: The Law Department has reviewed and approved the petition and resolution as to form.

Recommendations/Actions: It is recommended that the City Council approve the petition and budget, adopt the resolution, and authorize the necessary signatures.

Attachments: Map, budget sheet, petition, and resolution.

211 132019

(Published in the Wichita Eagle, on November 10, 2017)

RESOLUTION NO. 17-400

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (LATERAL 560, SOUTHWEST INTERCEPTOR SEWER – HOSKINSON 3RD ADDITION/SOUTH OF 37TH STREET NORTH, WEST OF RIDGE) (468-85269).

WHEREAS, the City Council (the “Governing Body”) of the City hereby finds and determines that said Petition was signed by owners of record of more than one-half of the area liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of the Act.

THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

Section 1. Findings of Advisability. The Governing Body hereby finds and determines that:

(a) The improvements proposed to be made are as follows (the "Improvements"):

Construction of a lateral sanitary sewer, including necessary sewer mains and appurtenances to serve the Improvement District defined below.

(b) The estimated or probable cost of the proposed Improvements is $21,000.00, exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

(c) The extent of the proposed improvement district (the "Improvement District") to be assessed for the costs of the proposed Improvements is:

Parcel ‘B’ That part of Lot 1, Block A, Hoskinson 3rd Addition, Wichita, Sedgwick County, Kansas described as follows: Beginning at the southeast corner of said Lot 1; thence S89°29’21”W along the south line of said Lot 1, 78.92 feet; thence N00°07’25”E parallel with the east line of said Lot 1, 79.37 feet; thence N89°29’21”E parallel with the south line of said Lot 1, 78.92 feet to a point on the east line of said Lot 1; thence S00°07’25”W along the east line of said Lot 1, 79.37 feet to the point of beginning.

212 (d) The proposed method of assessment is: Parcel “B” shall pay 100 percent of the total cost of the improvements.

(f) The payment of assessments to be imposed hereunder may be indefinitely deferred against those property owners eligible for deferral pursuant to the City’s Special Assessment Deferral Program.

ADOPTED by the City Council of the City of Wichita, Kansas, on November 7, 2017.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

213 214 215 216 217 218 219 Agenda Item No. II-4f

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Petition for Paving Improvements to Serve Central Bank and Trust Addition (District I)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the petition and budget, and adopt the resolution.

Background: The petition is a requirement for modifications to a median in Central Avenue at Vassar Street. The petition is valid per Kansas Statute 12-6a01. The signatures on the petition represent 100% of the improvement district.

Analysis: The project will provide paving improvements required for a commercial redevelopment located south of Central Avenue and east of Hillside Street.

Financial Considerations: The petition total for the paving improvements is $100,000. The funding source for the project is 100% special assessments.

Legal Considerations: The Law Department has reviewed and approved the petition and resolution as to form.

Recommendations/Actions: It is recommended that the City Council approve the petition and budget, adopt the resolution, and authorize the necessary signatures.

Attachments: Map, budget sheet, petition, and resolution.

220 132019

(Published in the Wichita Eagle, on November 10, 2017)

RESOLUTION NO. 17-401

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF WICHITA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (PAVING IMPROVEMENTS – CENTRAL BANK AND TRUST ADDITION/SOUTH OF CENTRAL, EAST OF HILLSIDE) (472-85413).

THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

Section 1. Findings of Advisability. The Governing Body hereby finds and determines that:

(a) The improvements proposed to be made are as follows (the "Improvements"):

Construction of a median opening on CENTRAL, east of Vassar Street. Drainage to be installed where necessary and the relocation of utility lines including AT&T, Westar Energy, and Cox Communication as necessary.

b) The estimated or probable cost of the proposed Improvements is: $100,000 (One Hundred Thousand Dollars), exclusive of interest on financing and administrative and financing costs; said estimated amount to be increased at the pro rata rate of 1 percent per month from and after the date of submission of the Petition to the City. If expenses have been incurred for the Improvements and construction has not started within two years of the initial design contract, the Improvements will be deemed abandoned and expenses incurred to date will be assessed against property in the Improvement District defined below in accordance with the provisions hereof.

(c) The extent of the proposed improvement district (the "Improvement District") to be assessed for the costs of the proposed Improvements is:

221 Lot 1, Block B, Central Bank And Trust Addition, Wichita (Sedgwick County), Kansas.

(d) The proposed method of assessment is: equally per lot, 1 lot.

(f) The payment of assessments to be imposed hereunder may be indefinitely deferred against those property owners eligible for deferral pursuant to the City’s Special Assessment Deferral Program.

ADOPTED by the City Council of the City of Wichita, Kansas, on November 7, 2017.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, City Attorney and Director of Law

222 223 224 225 226 227 228 Agenda Item No. II-5a

City of Wichita City Council Meting November 7, 2017

TO: Mayor and City Council

SUBJECT: Community Events – Say Grace 5K (District VI)

INITIATED BY: Division of Arts & Cultural Services

AGENDA: Consent

______

Recommendation: Approve the request for temporary street closure.

Background: In accordance with the Community Events procedure the event promoter, Trevor Darmstetter, Timer Guys, is coordinating the Say Grace 5K event with City of Wichita staff, subject to final approval by the City Council.

Analysis: The following street closure requests have been submitted:

Say Grace 5K November 23, 2017 8:00 am – 11:00 am  Topeka Avenue, Elm Street to 13th Street North  Eastbound lane of 13th Street North, Topeka Avenue to Saint Francis North  Saint Francis North, 13th Street North to 10th Street North  10th Street North, Saint Francis North to Santa Fe Avenue  Santa Fe Avenue, 10th Street North to 9th Street North  9th Street North, Santa Fe Avenue to Topeka Avenue  Saint Francis North, 9th Street North to Emporia Avenue  Emporia Avenue, Saint Francis North to 9th Street North  Elm Street, Topeka Avenue to Saint Francis North  Saint Francis North, Elm Street to Pine Street  Pine Street, North Topeka Avenue to Saint Francis North  12th Street North, Topeka Avenue to Emporia Avenue  Emporia Avenue, 12th Street North to 10th Street North

The event promoter will arrange to remove the barricades as necessary to allow emergency vehicle access during the entire designated time period. The barricades will be removed immediately upon completion of the event.

Financial Consideration: The event promoter is responsible for all costs associated with the special event.

Legal Consideration: This action complies with the ordinance on street closures for community events.

229 Recommendation/Actions: It is recommended that the City Council approve the request subject to: 1) hiring off-duty certified law enforcement officers as required; and 2) Obtaining barricades to close the streets in accordance with requirements of Police, Fire and Public Works Department.

230 Agenda Item No. II-5b

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Community Events – Mass for Life (District III)

INITIATED BY: Division of Arts & Cultural Services

AGENDA: Consent

______

Recommendation: Ratification of the request for temporary street closures.

Background: In accordance with the Community Events procedure, Bonnie Toombs, Catholic Diocese of Wichita, is coordinating a Mass for Life, subject to final approval by the City Council for the requested street closure. Initially, a parade permit was requested by the Diocese, which was denied due to the requested parade route requiring the closure of a portion of Kellogg Drive. The parade permit was submitted in a timely manner.

Staff has worked with the event promoter for an alternative to allow the Mass for Life to proceed. A community event application was submitted to allow for a street closure for the Mass to take place in the street and public right of way. Due to time constraints, there was insufficient time to place this item on the council agenda.

Analysis: The following street closure request has been submitted:

Mass for Life October 28, 2017 8:30 am – 11:00 am  Bleckley Drive, Kellogg Drive to 538 Bleckley Drive

The promoter will arrange to remove the barricades as necessary to allow emergency vehicle access during the entire designated time period. The barricades will be removed immediately upon completion of the event.

Section 3.11.040(g) authorizes the Community Events Coordinator to grant street closures subject to the ratification of the City Council when there is an unexpected occurrence or emergency situation, which renders impossible the approval of the City Council. The promoter attempted to comply with licensing requirements for a parade in a timely manner. Staff is requesting ratification of the street closure approved by the Community Events Coordinator.

Financial Consideration: The event promoter is responsible for all costs associated with the special event.

Legal Consideration: This action complies with the ordinance on street closures for community events.

231 Recommendation/Actions: It is recommended that the City Council ratify the request subject to: 1) Hiring of off-duty certified law enforcement officers as required; 2) Obtaining barricades to close the streets in accordance with requirements of the Police, Fire and Public Works and Utilities Departments; and 3) Securing Certificate of Liability Insurance with coverage as required by ordinance on file with the Community Events Coordinator.

232 Agenda Item No. II-5c

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Community Events – Girls on the Run 5K (Districts III and IV)

INITIATED BY: Division of Arts & Cultural Services

AGENDA: Consent

______

Recommendation: Approve the request for temporary street closure.

Background: In accordance with the Community Events procedure, event promoter Carolyn Robinson, Timer Guys, is coordinating the Girls on the Run 5K with City of Wichita staff, subject to final approval by the City Council.

Analysis: The following street closure request has been submitted:

Girls on the Run 5K December 3, 2017 1:30 pm – 3:30 pm  McLean Boulevard, West 31st Street to Harry Street

Financial Consideration: The event promoter is responsible for all costs associated with the special event.

Legal Consideration: This action complies with the ordinance on street closures for community events.

Recommendation/Actions: It is recommended that the City Council approve the request subject to: 1) Hiring off-duty certified law enforcement officers as required; 2) Obtaining barricades to close the streets in accordance with requirements of the Police, Fire and Public Works and Utilities Departments; and 3) Securing a Certificate of Liability Insurance on file with the Community Events Coordinator.

233

Agenda Item No. II-6a

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: ASR 2016 Accounting Model and Annual Report (All Districts)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the agreement.

Background: The City of Wichita is required to provide an annual accounting of water volumes withdrawn and recharged into the Equus Beds Aquifer as a condition of the permit to operate the Aquifer Storage and Recovery (ASR) project. One of the conditions placed on the project by the Chief Engineer of the Division of Water Resources (DWR) is the use of a hydrogeological computer model (MODFLOW) to determine the amount of recharge credits available for appropriation.

The original hydrogeological model was developed by Burns & McDonnell Engineering Company (B&M) and the United States Geological Service (USGS) to track all of the water uses in the project area.

Analysis: B&M was originally selected as the service provider for other ASR tasks, through a competitive process. With its specific experience and knowledge of the model, selecting B&M to provide the accounting report removes the learning expense another firm would introduce and reduces the other resources necessary to facilitate data acquisition and report preparation. Purchasing has indicated concurrence with the renewal of this sole-source procurement.

The proposed agreement between the City and B&M provides for:  Updates to the MODFLOW model with 2016 data, and calculation of recharge credits.  Generation of the 2016 Annual Report and submittal to the DWR.

Financial Considerations: Payment to B&M will be based on time related charges for labor and direct expenses, with the total of all payments not to exceed $99,829. The agreement provides that any costs in excess of the stated limit will be agreed upon by both parties prior to the services being provided or expenses being incurred. Funding for the proposed agreement is available in the 2017 Adopted Budget for Water Production and Pumping operations.

Legal Considerations: The agreement has been reviewed and approved as to form by the Law Department.

Recommendation/Action: It is recommended that the City Council approve the agreement and authorize all necessary signatures.

Attachment: Agreement.

234 235 236 237 238 239 240 241 242 243 244

Agenda Item No. II-6b

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Encroachment Agreement with Southern Star Central Gas Pipeline, Inc. for 45th Street North and Hillside Intersection (District I)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the agreement.

Background: On July 15, 2014, the City Council approved an agreement with TranSystems to develop design concepts for the intersection of 45th Street North and Hillside Street. On July 7, 2015, the City Council approved the design concept. On August 8, 2017, the City Council approved the final construction budget.

Analysis: The agreement with Southern Star Central Gas Pipeline, Inc. allows the City to encroach on an existing private easement owned by Southern Star Central Gas Pipeline, Inc. The improvements include storm sewer, grading, traffic signal boxes, and a traffic barrier. Additionally, the agreement states that the City of Wichita shall reimburse Southern Star Central Gas Pipeline, Inc. for the extension of a two-inch casing vent on the south side of 45th Street that lies within the private easement.

Financial Considerations: The estimated cost to extend the two-inch casing vent is $29,146. The City will be obligated for the actual cost of the relocation work. If the cost exceeds the estimate, the final cost will be brought back to the City Council for approval.

The existing budget of $5,330,000 was approved by the City Council as follows:

Amount GO bond funding Date Approved $80,000 2011-2020 CIP July 15, 2014 $250,000 2015-2024 CIP September 22, 2015 $1,200,000 2016-2025 CIP February 21, 2017 $3,800,000 2016-2025 CIP August 8, 2017 Total $5,330,000

The reimbursement cost is included in the existing approved budget.

Legal Considerations: The Law Department has reviewed and approved the agreement as to form.

Recommendation/Action: It is recommended that the City Council approve the agreement and authorize the necessary signatures.

Attachment: Agreement.

245

246 247 248 249 250 251 252 253 Agenda Item No. II-6c

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Kansas Department of Transportation (KDOT) Agreement for Funding for Improvements to Greenwich Road from Pawnee to Harry Streets (District II)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the agreement.

Background: On August 19, 2008, the City Council approved an agreement with Ruggles and Bohm to design improvements to Greenwich Road between Pawnee and Harry Streets. The project was put on hold in 2009 due to the economic downturn and other priorities for available funding. The project is now reprogrammed into the Adopted 2017-2026 Capital Improvement Program (CIP), as well as the Transportation Improvement Program (TIP) through the Wichita Area Metropolitan Planning Organization (WAMPO). On June 21, 2016, the City Council approved the design concept.

Analysis: The agreement matches federal funding amounts as allocated by the TIP and CIP. The City of Wichita can be reimbursed up to 80% of the total actual construction costs, not to exceed $3,859,692.

Financial Considerations: The agreement approves the use of federal funding to match TIP and CIP. The federal funding is split between Congestion Mitigation and Air Quality (CMAQ) and Surface Transportation Program (STP) funding in 2018.

Legal Considerations: The agreement has been reviewed and approved as to form by the Law Department.

Recommendation/Action: It is recommended that the City Council approve the agreement and authorize the necessary signatures.

Attachment: Agreement.

254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 Agenda Item No. II-6d

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Kansas Department of Transportation (KDOT) Agreement for Funding for Improvements to 127th Street East between 13th and 21st Streets North (District II)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the agreement.

Background: On July 15, 2014, the City Council approved an agreement with KDOT for improvements to 127th Street, 13th to 21st Streets North. On August 16, 2016, the City Council approved KDOT Supplemental Agreement No. 1 to allow the City to use additional federal funding allocated by the Wichita Area Metropolitan Planning Organization (WAMPO) to construct the project.

Analysis: Supplemental Agreement No. 2 moves federal money from 2017 to 2018, which matches the Transportation Improvement Program (TIP). The City of Wichita can be reimbursed up to 80% of the total actual construction engineering costs, not to exceed $3,460,000.

2017 2018 Total Supplemental No 1 $2,303,412 $1,156,588 $3,460,000 Supplemental No 2 $753,614 $2,706,386 $3,460,000

Financial Considerations: The overall project budget is unchanged.

Legal Considerations: The agreement has been reviewed and approved as to form by the Law Department.

Recommendation/Action: It is recommended that the City Council approve the agreement and authorize the necessary signatures.

Attachment: Agreement.

271 272 273 Agenda Item No. II-7a

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Design Agreement for Improvements to the 37th Street Booster Pump Station (District II)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

______

Recommendation: Approve the design agreement and any necessary budget adjustments.

Background: The 37th Street North Booster Pump Station was constructed in 1979. The pumps are near the end of their useful life.

Analysis: The 37th Street Booster Pump Station, which supplies the northeast part of the City, was originally designed to be a temporary pump station. Since it was originally constructed, the 37th Street Pump Station has become essential to providing pressure to critical customers. Replacement of the pumps is needed to maintain pressure in the northeast zone. Due to the highly variable water demand in the northeast zone, it is recommended that the new pumps be configured with variable frequency drives.

Professional Engineering Consultants (PEC) was contracted in March 2006 to provide design services to install emergency generators and modify the electrical system at multiple pump stations. PEC is currently designing emergency generators and electrical modifications at the 37th Street Booster Pump Station. Due to their experience with this facility, it is recommended to contract with PEC for this work.

Financial Considerations: Funding for the design will be from the Water Utility administration budget. Payment to the engineer for the performance of the professional services required by this agreement shall be made on the basis of a lump sum of $74,100.

Legal Considerations: The Law Department has reviewed and approved the design agreement as to form.

Recommendation/Action: It is recommended that the City Council approve the design agreement, any necessary budget adjustments and authorize the necessary signatures.

Attachment: Design agreement.

274 275 276 277 278 279 280 281 Bicycle and Pedestrian Advisory Board, September 11, 2017

Wichita Employee's Retirement Board, September 20, 2017

Deferred Compensation Board, May 18, 2017

Police and Fire Retirement Board, July 26, 2017

Joint Investment Committee, August 3, 2017 and September 7, 2017

282 Agenda Item No. II-9

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Consent to Assignment of Contracts between the City of Wichita and Ruggles & Bohm, P.A., to Garver, LLC (All Districts)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent ______

Recommendation: Approve the Consent to Assignment of Contracts between the City of Wichita and Ruggles & Bohm, P.A., to Garver, LLC, and authorize the necessary signatures.

Background: The City of Wichita contracts with Ruggles and Bohm, P.A., a Kansas professional association, to provide engineering services on a number of City projects. Ruggles & Bohm, P.A. is merging with another company, Garver, LLC.

Analysis: Due to the merger of Ruggles & Bohm, P.A. with Garver, LLC, it is necessary for the City to Consent to the Assignment of Contracts between the City of Wichita and Ruggles & Bohm, P.A., to Garver, LLC.

Financial Considerations: There will be no financial impacts to the City as a result of the Consent to Assignment of Contracts for Ruggles & Bohm, P.A., to Garver, LLC.

Legal Considerations: The Law Department has prepared, reviewed and approved the Consent to Assignment of Contracts document for contracts between the City of Wichita and Ruggles & Bohm, P.A., to Garver, LLC.

Recommendations/Actions: It is recommended that the City Council approve the Consent to Assignment of Contracts between the City of Wichita and Ruggles & Bohm, P.A., to Garver, LLC, and authorize the necessary signatures.

Attachment: Consent to Assignment of Contracts for Ruggles & Bohm, P.A., to Garver, LLC.

283 284

Agenda Item No. II-10

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: 2018 Collection Mains Replacement and Distribution Mains Replacement (All Districts)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the projects and budgets, and adopt the resolutions.

Background: The Adopted 2017-2026 Capital Improvement Program (CIP) includes funding for annual projects for replacing or rehabilitating failing water and sewer infrastructure.

Analysis: The Collection Mains Replacement Program helps to replace or rehabilitate sewers that have failed or are found to be in critical condition as a result of unexpected and unplanned stoppages and backups. The Distribution Mains Replacement Program decreases the number of unexpected water main breaks, brings undersized mains to current standards and improves fire protection. This program replaces water lines that have failed or have been determined to be in critical condition after multiple breaks and are beyond the means of City crews to repair. Both programs support the rehabilitation or replacement of infrastructure in the event of unforeseen emergencies and the ability to correctly size infrastructure as necessary.

Financial Considerations: The Adopted 2017-2026 CIP contains the following for 2018:

$5,400,000 for Reconstruction or Rehabilitation of Aged Sanitary Sewers (S-4) $5,400,000 for Water Mains Replacement or Relocation (W-67)

The requested budget was included in the most recent cost of service analysis and will not impact rates. The projects will be funded from future revenue bonds or Sewer Utility and Water Utility cash reserves. If revenue bonds are issued, an additional 8% will be added for financing and administrative costs.

Legal Considerations: The resolutions and notices of intent have been reviewed and approved as to form by the Law Department.

Recommendation/Actions: It is recommended that the City Council approve the projects and budgets, adopt the resolutions, and authorize the necessary signatures.

Attachments: Resolutions, budget sheets, and notices of intent.

285

628100 (Published in The Wichita Eagle, on November 10, 2017.)

NOTICE

TO: THE RESIDENTS OF THE CITY OF WICHITA, KANSAS

You are hereby notified that the City Council (the “Governing Body”) of the City of Wichita, Kansas (the “City”), by Resolution No. 17-402, duly adopted November 7, 2017, has found and determined it to be necessary and declared its intention to construct, reconstruct, alter, improve, extend and enlarge the City of Wichita, Kansas Water and Sewer Utility, which is owned and operated by the City (the “Utility”), in the following manner:

2018 Collection Mains Replacements (S-4)

(the “Project”) at an estimated cost, including related design and engineering expenses of $5,400,000.

In order to finance all or a portion of the costs of the Project and related reserves, interest on financing and administrative and financing costs, the Governing Body has further found and determined it to be necessary and declared its intention to issue revenue bonds an aggregate principal amount not to exceed $5,832,000 under the authority of K.S.A. 10-1201 et seq., as amended and supplemented by Charter Ordinance No. 211 of the City (the “Bonds”). The Bonds shall not be general obligation bonds of the City payable from taxation, but shall be payable only from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of the Bonds shall be paid from unencumbered moneys of the Utility which will be available for that purpose.

This Notice shall be published one time in the official newspaper of the City; and if, within fifteen (15) days from and after the publication date hereof, there shall be filed in the Office of the City Clerk a written protest against the Project and the issuance of the Bonds, which protest is signed by not less than twenty percent (20%) of the qualified electors of the City, then the question of the Project and the issuance of the Bonds shall be submitted to the electors of the City at a special election which shall be called for that purpose as provided by law. If no sufficient protest to the Project and the issuance of the Bonds is filed within said period, then the Governing Body shall have the authority to proceed with the Project and issuance of the Bonds.

BY ORDER of the Governing Body of the City of Wichita, Kansas, on November 7, 2017.

/s/ JEFF LONGWELL, Mayor

ATTEST: /s/ Karen Sublett, City Clerk

286

RESOLUTION NO. 17-402

A RESOLUTION DECLARING IT NECESSARY TO CONSTRUCT, RECONSTRUCT, ALTER, REPAIR, IMPROVE, EXTEND AND ENLARGE THE WATER AND SEWER UTILITY OWNED AND OPERATED BY THE CITY OF WICHITA, KANSAS, TO ISSUE REVENUE BONDS FOR THE PURPOSE OF PAYING CERTAIN COSTS THEREOF, AND PROVIDING FOR THE GIVING OF NOTICE OF SUCH INTENTION IN THE MANNER REQUIRED BY LAW.

WHEREAS, the City of Wichita, Kansas (the “City”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the City Council of the City (the “Governing Body”), has heretofore by Ordinance No. 39-888, passed May 26, 1987 and published in the official newspaper of the City on May 29, 1987, as required by law, authorized the combining of the City-owned and operated municipal water utility and municipal sewer utility thereby creating the City of Wichita, Kansas Water and Sewer Utility (the "Utility”); and

WHEREAS, the City is authorized under the Constitution and laws of the State of Kansas, including K.S.A. 10-1201 et seq., as amended and supplemented by Charter Ordinance No. 211 of the City (collectively, the “Act”), to issue revenue bonds to construct, reconstruct, alter, repair, improve, extend and enlarge the Utility;

WHEREAS, the Governing Body hereby finds and determines that it is necessary and advisable to construct, reconstruct, alter, improve, extend and enlarge the Utility in the following manner:

2018 Collection Mains Replacements (S-4)

(the “Project”) and to provide for the payment of all or a portion of the costs thereof by the issuance of revenue bonds of the City pursuant to the Act; said bonds to be payable from the revenues of the Utility.

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

Section 1. Project Authorization. It is hereby authorized, ordered and directed that the Project be acquired, constructed and/or installed in accordance with plans and specifications therefore prepared under the direction of the City Engineer or designate and approved by the Governing Body; said plans and specifications to be placed on file in the offices of the Utility. The estimated cost of the Project, including related design and engineering expenses is $5,400,000. The Project will not cause duplication of any existing water or sewer utility service furnished by a private utility in the City.

Section 2. Project Financing. It is hereby found and determined to be necessary and advisable to issue revenue bonds of the City under the authority of the Act, in an aggregate principal amount not to exceed $5,832,000 in order to pay all or a portion of the costs of the Project and related reserves, interest on financing and administrative and financing costs (the “Bonds”). The Bonds shall not be general obligations of the City payable from taxation, but shall be payable from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of the Bonds, if any, shall be paid from unencumbered moneys of the Utility which will be available for that purpose. The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this

287 Resolution, pursuant to Treasury Regulation 1.150-2.

Section 3. Notice. Before issuing the Bonds, there shall be published one (1) time in the official newspaper of the City, a notice of the intention of the Governing Body to undertake the Project and to issue the Bonds (the “Notice”); and if within fifteen (15) days after the publication of such Notice, there shall be filed with the City Clerk, a written protest against the Project or the issuance of the Bonds, signed by not less than twenty per cent (20%) of the qualified electors of the City, the Governing Body shall thereupon submit such proposed Project and the Bonds to the electors of the City at a special election to be called for that purpose as provided by the Act. If no sufficient protest is filed with the City Clerk within the period of time hereinbefore stated, then the Governing Body shall have the authority to proceed with the Project and issuance of the Bonds.

Section 4. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Governing Body.

ADOPTED by the City Council of the City of Wichita, Kansas, by not less than three-fifths of the members voting in favor thereof, on November 7, 2017.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, Director of Law and City Attorney

288 778068 (Published in The Wichita Eagle, on November 10, 2017.)

NOTICE

TO: THE RESIDENTS OF THE CITY OF WICHITA, KANSAS

You are hereby notified that the City Council (the “Governing Body”) of the City of Wichita, Kansas (the “City”), by Resolution No. 17-403, duly adopted November 7, 2017, has found and determined it to be necessary and declared its intention to construct, reconstruct, alter, improve, extend and enlarge the City of Wichita, Kansas Water and Sewer Utility, which is owned and operated by the City (the “Utility”), in the following manner:

2018 Distribution Mains Replacements (W-67)

(the “Project”) at an estimated cost, including related design and engineering expenses of $5,400,000.

BY ORDER of the Governing Body of the City of Wichita, Kansas, on November 7, 2017.

/s/ JEFF LONGWELL, Mayor

ATTEST: /s/ Karen Sublett, City Clerk

289

RESOLUTION NO. 17-403

WHEREAS, the City of Wichita, Kansas (the “City”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the Governing Body hereby finds and determines that it is necessary and advisable to construct, reconstruct, alter, improve, extend and enlarge the Utility in the following manner:

2018 Distribution Mains Replacements (W-67)

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

290 Resolution, pursuant to Treasury Regulation 1.150-2.

Section 4. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Governing Body.

ADOPTED by the City Council of the City of Wichita, Kansas, by not less than three-fifths of the members voting in favor thereof, on November 7, 2017.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, Director of Law and City Attorney

291

Agenda Item No. II-11

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: 2018 Arterial Water Mains (All Districts)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the project and adopt the resolution.

Background: The Adopted 2017-2026 Capital Improvement Program (CIP) includes annual funding for projects involving replacement or relocation of waterlines located within arterial street right-of-way, due to conflicts with proposed improvements, or replacement due to age, material, ground cover issues, or leak history.

Analysis: The funding for the 2018 Arterial Water Mains will allow for main replacement or relocation necessary to construct arterial street projects, which will provide more reliable service to customers. Specific locations and scope of work will be developed as design advances for arterial street improvement projects.

Financial Considerations: The CIP includes $4,200,000 in 2018 for Arterial Water Mains. Staff recommends initiating $1,500,000 at this time.

The projects will be funded from future revenue bonds or Water Utility cash reserves. If revenue bonds are issued, an additional 8% will be added for financing and administrative costs. The project was included in the most recent cost of service analysis and will not impact rates.

Legal Considerations: The Law Department has reviewed and approved the resolution as to form.

Recommendation/Actions: It is recommended that the City Council approve the project, adopt the resolution, and authorize the necessary signatures.

Attachments: Resolution, notice of intent, and budget sheet.

292

638300 (Published in The Wichita Eagle, on November 10, 2017.)

NOTICE

TO: THE RESIDENTS OF THE CITY OF WICHITA, KANSAS

You are hereby notified that the City Council (the “Governing Body”) of the City of Wichita, Kansas (the “City”), by Resolution No. 17-404, duly adopted November 7, 2017, has found and determined it to be necessary and declared its intention to construct, reconstruct, alter, improve, extend and enlarge the City of Wichita, Kansas Water and Sewer Utility, which is owned and operated by the City (the “Utility”), in the following manner:

2018 Arterial Water Mains

(the “Project”) at an estimated cost, including related design and engineering expenses of $1,500,000.

In order to finance all or a portion of the costs of the Project and related reserves, interest on financing and administrative and financing costs, the Governing Body has further found and determined it to be necessary and declared its intention to issue revenue bonds an aggregate principal amount not to exceed $1,620,000 under the authority of K.S.A. 10-1201 et seq., as amended and supplemented by Charter Ordinance No. 211 of the City (the “Bonds”). The Bonds shall not be general obligation bonds of the City payable from taxation, but shall be payable only from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of the Bonds shall be paid from unencumbered moneys of the Utility which will be available for that purpose.

BY ORDER of the Governing Body of the City of Wichita, Kansas, on November 7, 2017.

/s/ JEFF LONGWELL, Mayor

ATTEST: /s/ Karen Sublett, City Clerk

293

RESOLUTION NO. 17-404

WHEREAS, the City of Wichita, Kansas (the “City”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the Governing Body hereby finds and determines that it is necessary and advisable to construct, reconstruct, alter, improve, extend and enlarge the Utility in the following manner:

2018 Arterial Water Mains

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

Section 1. Project Authorization. It is hereby authorized, ordered and directed that the Project be acquired, constructed and/or installed in accordance with plans and specifications therefore prepared under the direction of the City Engineer or designate and approved by the Governing Body; said plans and specifications to be placed on file in the offices of the Utility. The estimated cost of the Project, including related design and engineering expenses is $1,500,000. The Project will not cause duplication of any existing water or sewer utility service furnished by a private utility in the City.

Section 2. Project Financing. It is hereby found and determined to be necessary and advisable to issue revenue bonds of the City under the authority of the Act, in an aggregate principal amount not to exceed $1,620,000 in order to pay all or a portion of the costs of the Project and related reserves, interest on financing and administrative and financing costs (the “Bonds”). The Bonds shall not be general obligations of the City payable from taxation, but shall be payable from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of the Bonds, if any, shall be paid from unencumbered moneys of the Utility which will be available for that purpose. The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this

294 Resolution, pursuant to Treasury Regulation 1.150-2.

Section 4. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Governing Body.

ADOPTED by the City Council of the City of Wichita, Kansas, by not less than three-fifths of the members voting in favor thereof, on November 7, 2017.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, Director of Law and City Attorney

295 296 297 298 299

Agenda Item No. II-12

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: 2018 Dead End Mains Replacement (All Districts)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the project and adopt the resolution.

Background: The Adopted 2017-2026 Capital Improvement Program (CIP) includes funding for projects to construct loops in existing systems with dead end water mains, to improve water pressure and provide more reliable service to customers.

Analysis: The dead end mains replacement project is needed to combat pressure and water quality issues. Staff will also identify other projects that can be built with an arterial street, bike path, or park CIP project that would minimize the disruption to the area and provide potential cost savings.

Financial Considerations: The CIP includes $1,000,000 in 2017 and $1,300,000 in 2018 for the Dead End Mains Replacement project. Staff is requesting the entire budget of $2,300,000 to be approved at this time.

Legal Considerations: The Law Department has reviewed and approved the resolution as to form.

Recommendation/Actions: It is recommended that the City Council approve the project, adopt the resolution, and authorize the necessary signatures.

Attachments: Resolution, notice of intent, and budget sheet.

300

638400 (Published in The Wichita Eagle, on November 10, 2017.)

NOTICE

TO: THE RESIDENTS OF THE CITY OF WICHITA, KANSAS

You are hereby notified that the City Council (the “Governing Body”) of the City of Wichita, Kansas (the “City”), by Resolution No. 17-405, duly adopted November 7, 2017, has found and determined it to be necessary and declared its intention to construct, reconstruct, alter, improve, extend and enlarge the City of Wichita, Kansas Water and Sewer Utility, which is owned and operated by the City (the “Utility”), in the following manner:

2018 Dead End Mains Elimination

(the “Project”) at an estimated cost, including related design and engineering expenses of $2,300,000.

In order to finance all or a portion of the costs of the Project and related reserves, interest on financing and administrative and financing costs, the Governing Body has further found and determined it to be necessary and declared its intention to issue revenue bonds an aggregate principal amount not to exceed $2,484,000 under the authority of K.S.A. 10-1201 et seq., as amended and supplemented by Charter Ordinance No. 211 of the City (the “Bonds”). The Bonds shall not be general obligation bonds of the City payable from taxation, but shall be payable only from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of the Bonds shall be paid from unencumbered moneys of the Utility which will be available for that purpose.

BY ORDER of the Governing Body of the City of Wichita, Kansas, on November 7, 2017.

/s/ JEFF LONGWELL, Mayor

ATTEST: /s/ Karen Sublett, City Clerk

301

RESOLUTION NO. 17-405

WHEREAS, the City of Wichita, Kansas (the “City”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the Governing Body hereby finds and determines that it is necessary and advisable to construct, reconstruct, alter, improve, extend and enlarge the Utility in the following manner:

2018 Dead End Mains Elimination

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

Section 1. Project Authorization. It is hereby authorized, ordered and directed that the Project be acquired, constructed and/or installed in accordance with plans and specifications therefore prepared under the direction of the City Engineer or designate and approved by the Governing Body; said plans and specifications to be placed on file in the offices of the Utility. The estimated cost of the Project, including related design and engineering expenses is $2,300,000. The Project will not cause duplication of any existing water or sewer utility service furnished by a private utility in the City.

Section 2. Project Financing. It is hereby found and determined to be necessary and advisable to issue revenue bonds of the City under the authority of the Act, in an aggregate principal amount not to exceed $2,484,000 in order to pay all or a portion of the costs of the Project and related reserves, interest on financing and administrative and financing costs (the “Bonds”). The Bonds shall not be general obligations of the City payable from taxation, but shall be payable from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of the Bonds, if any, shall be paid from unencumbered moneys of the Utility which will be available for that purpose. The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this

302 Resolution, pursuant to Treasury Regulation 1.150-2.

Section 4. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Governing Body.

ADOPTED by the City Council of the City of Wichita, Kansas, by not less than three-fifths of the members voting in favor thereof, on November 7, 2017.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, Director of Law and City Attorney

303 304 305 306 307

Agenda Item No. II-13

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: 2018 Water and Sewer Mains for Future Development (All Districts)

INITIATED BY: Department of Public Works & Utilities

AGENDA: Consent

Recommendation: Approve the budgets for future water and sewer mains, adopt the resolutions and notices of intent.

Background: The Adopted 2017-2026 Capital Improvement Program (CIP) includes funding for projects to construct new water and sewer main extensions to provide service to currently unserved areas.

Analysis: The projects will primarily serve new development with water and sewer. Proposed projects are requested by developers and evaluated by staff to make sure the project is in the best interest of the Utility and the City of Wichita. This account will be run on a first come, first serve basis.

Financial Considerations: The Adopted 2017-2026 CIP includes $1,950,000 for the extension of water and sewer mains in 2018. The collection of main benefit fees in the amount of $0.026 (water) and $0.05 (sewer) per square foot will reimburse the Utility 50% of the main cost as smaller mains are extended.

The requested budget was included in the most recent cost of service analysis and will not impact rates. The projects will be funded from future revenue bonds or Water Utility cash reserves. If revenue bonds are issued, an additional 8% will be added for financing and administrative costs.

Legal Considerations: The Law Department has reviewed and approved the resolutions as to form.

Recommendation/Actions: It is recommended that the City Council approve the budgets, adopt the resolutions and notices of intent, and authorize the necessary signatures.

Attachments: Resolutions, notices of intent, and budget sheets.

308

638200 (Published in The Wichita Eagle, on November 10, 2017.)

NOTICE

TO: THE RESIDENTS OF THE CITY OF WICHITA, KANSAS

You are hereby notified that the City Council (the “Governing Body”) of the City of Wichita, Kansas (the “City”), by Resolution No. 17-406, duly adopted November 7, 2017, has found and determined it to be necessary and declared its intention to construct, reconstruct, alter, improve, extend and enlarge the City of Wichita, Kansas Water and Sewer Utility, which is owned and operated by the City (the “Utility”), in the following manner:

2018 Water Mains for Future Development (W-65)

(the “Project”) at an estimated cost, including related design and engineering expenses of $1,950,000.

In order to finance all or a portion of the costs of the Project and related reserves, interest on financing and administrative and financing costs, the Governing Body has further found and determined it to be necessary and declared its intention to issue revenue bonds an aggregate principal amount not to exceed $2,106,000 under the authority of K.S.A. 10-1201 et seq., as amended and supplemented by Charter Ordinance No. 211 of the City (the “Bonds”). The Bonds shall not be general obligation bonds of the City payable from taxation, but shall be payable only from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of the Bonds shall be paid from unencumbered moneys of the Utility which will be available for that purpose.

BY ORDER of the Governing Body of the City of Wichita, Kansas, on November 7, 2017.

/s/ JEFF LONGWELL, Mayor

ATTEST: /s/ Karen Sublett, City Clerk

309

RESOLUTION NO. 17-406

WHEREAS, the City of Wichita, Kansas (the “City”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the Governing Body hereby finds and determines that it is necessary and advisable to construct, reconstruct, alter, improve, extend and enlarge the Utility in the following manner:

2018 Water Mains for Future Development (W-65)

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

Section 1. Project Authorization. It is hereby authorized, ordered and directed that the Project be acquired, constructed and/or installed in accordance with plans and specifications therefore prepared under the direction of the City Engineer or designate and approved by the Governing Body; said plans and specifications to be placed on file in the offices of the Utility. The estimated cost of the Project, including related design and engineering expenses is $1,950,000. The Project will not cause duplication of any existing water or sewer utility service furnished by a private utility in the City.

Section 2. Project Financing. It is hereby found and determined to be necessary and advisable to issue revenue bonds of the City under the authority of the Act, in an aggregate principal amount not to exceed $2,106,000 in order to pay all or a portion of the costs of the Project and related reserves, interest on financing and administrative and financing costs (the “Bonds”). The Bonds shall not be general obligations of the City payable from taxation, but shall be payable from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of the Bonds, if any, shall be paid from unencumbered moneys of the Utility which will be available for that purpose. The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this

310 Resolution, pursuant to Treasury Regulation 1.150-2.

Section 4. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Governing Body.

ADOPTED by the City Council of the City of Wichita, Kansas, by not less than three-fifths of the members voting in favor thereof, on November 7, 2017.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, Director of Law and City Attorney

311 628300 (Published in The Wichita Eagle, on November 10, 2017.)

NOTICE

TO: THE RESIDENTS OF THE CITY OF WICHITA, KANSAS

You are hereby notified that the City Council (the “Governing Body”) of the City of Wichita, Kansas (the “City”), by Resolution No. 17-407, duly adopted November 7, 2017, has found and determined it to be necessary and declared its intention to construct, reconstruct, alter, improve, extend and enlarge the City of Wichita, Kansas Water and Sewer Utility, which is owned and operated by the City (the “Utility”), in the following manner:

2018 Sewer Mains for Future Development (S-5)

(the “Project”) at an estimated cost, including related design and engineering expenses of $1,950,000.

In order to finance all or a portion of the costs of the Project and related reserves, interest on financing and administrative and financing costs, the Governing Body has further found and determined it to be necessary and declared its intention to issue revenue bonds an aggregate principal amount not to exceed $2,106,000 under the authority of K.S.A. 10-1201 et seq., as amended and supplemented by Charter Ordinance No. 211 of the City (the “Bonds”). The Bonds shall not be general obligation bonds of the City payable from taxation, but shall be payable only from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of the Bonds shall be paid from unencumbered moneys of the Utility which will be available for that purpose.

BY ORDER of the Governing Body of the City of Wichita, Kansas, on November 7, 2017.

/s/ JEFF LONGWELL, Mayor

ATTEST: /s/ Karen Sublett, City Clerk

312

RESOLUTION NO. 17-407

WHEREAS, the City of Wichita, Kansas (the “City”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the Governing Body hereby finds and determines that it is necessary and advisable to construct, reconstruct, alter, improve, extend and enlarge the Utility in the following manner:

2018 Sewer Mains for Future Development (W-65)

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

Section 1. Project Authorization. It is hereby authorized, ordered and directed that the Project be acquired, constructed and/or installed in accordance with plans and specifications therefore prepared under the direction of the City Engineer or designate and approved by the Governing Body; said plans and specifications to be placed on file in the offices of the Utility. The estimated cost of the Project, including related design and engineering expenses is $1,950,000. The Project will not cause duplication of any existing water or sewer utility service furnished by a private utility in the City.

Section 2. Project Financing. It is hereby found and determined to be necessary and advisable to issue revenue bonds of the City under the authority of the Act, in an aggregate principal amount not to exceed $2,106,000 in order to pay all or a portion of the costs of the Project and related reserves, interest on financing and administrative and financing costs (the “Bonds”). The Bonds shall not be general obligations of the City payable from taxation, but shall be payable from the revenues derived from the operations of the Utility. Costs of the Project in excess of the proceeds of the Bonds, if any, shall be paid from unencumbered moneys of the Utility which will be available for that purpose. The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this

313 Resolution, pursuant to Treasury Regulation 1.150-2.

Section 4. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Governing Body.

ADOPTED by the City Council of the City of Wichita, Kansas, by not less than three-fifths of the members voting in favor thereof, on November 7, 2017.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, Director of Law and City Attorney

314 Agenda Item No. II-14

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: 2018 Drug Enforcement Administration (DEA) State and Local Task Force

INITIATED BY: Wichita Police Department

AGENDA: Consent

Recommendation: Approve continued participation in Drug Enforcement Administration State and Local Task Forces.

Background: Since 1983, the Wichita Police Department (WPD) has assigned two full time detectives to the Drug Enforcement Administration (DEA) to assist in narcotic and dangerous drug trafficking investigations in Wichita and the surrounding communities, as a member of the State and Local Task Force. In addition to the WPD, the DEA Task Force includes agents from the Sedgwick County Sheriff’s Office, Kansas Bureau of Investigation, Kansas National Guard, Kansas Highway Patrol, Haysville Police Department and Immigration and Custom Enforcement. The current agreement expires September 30, 2017.

Analysis: The Wichita DEA office is focused on large scale drug organizations that operate regionally and have a direct connection to Wichita and the surrounding communities, based on Wichita’s geographic access to three major drug corridors. Those corridors, I-35, I-70 and US-54, make Wichita attractive to major drug organizations attempting to establish distribution networks. DEA and its Task Force partners, including the WPD, work to identify, dismantle, and prosecute suspects attempting to bring large quantities of drugs into Wichita. Through the Wichita DEA office, the Task Force participates in large scale investigations, many of which ultimately have national impact. During 2016-2017, the local Task Force initiated 72 major cases and made 54 felony arrests connected with drug trafficking with several federal indictments pending. A continuation of the agreement between the DEA and the WPD provides the City of Wichita and its residents with additional resources in an effort to identify and prosecute individuals and organizations that traffic narcotics and dangerous drugs in this community.

Financial Considerations: DEA reimburses the WPD for overtime up to $18,042 per Task Force officer, per year for a total amount of $36,084. Participation in the Task Force entitles the Department to share in a portion of federal seizures, enhancing the Department’s resources for drug crime investigation. The WPD is responsible for the base salary and benefits of the detectives.

Legal Considerations: The agreement has been reviewed and approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the City Council approve continued annual participation in DEA State and Local Task Forces and approve the budget for the fiscal year beginning October 1, 2017. The approval would authorize the Chief of Police to sign the agreement.

315 Agenda Report No. II-15

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Abatement of Unsafe Structures (Districts I, III, IV and VI)

INITIATED BY: Metropolitan Area Building and Construction Department

AGENDA: Consent

Recommendation: Approve the assessments and place the ordinance on first reading.

Background: The Metropolitan Area Building and Construction Department (MABCD) 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 board-up and secure private property that is in violation of housing and/or building code standards after proper notification of the responsible party/parties. A private contractor or City staff performs the work and the MABCD bills the cost to the property owner.

Analysis: State law and City ordinance allow placement of the board-up costs as a special property tax assessment if the property owner does not pay. Payment has not been received for the demolition and board-up abatements in question and the MABCD 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 November 27, 2017. The property owners have 30 days from the date of the statement to pay the assessment and avoid paying interest. If unpaid, the principal and interest will then be spread for one year and placed on the 2018 tax roll.

Legal Considerations: The ordinance has been reviewed and approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the City Council approve the proposed assessments, place the ordinance on first reading and authorize the necessary signatures.

Attachments: Property List for Special Assessments and Ordinance.

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PIN # Geo Code# Location Amount District # 00100762 A 01472 1319 N Wellington Pl board up $139.73 6 00121072 B 02410 356 N Indiana Ave board up $242.39 1 00124763 B 05574 1634 S Mead Ave board up $74.54 3 00128206 B 08445 1635 S Ida Ave board up $122.50 3 00130769 B 10522 2825 S Pattie Ave board up $171.60 3 00131479 B 112280001 1107 E Alturas Ave board up $195.73 3 00136565 C 012740003 1726 N Minnesota Ave board up $154.80 1 00137216 C 01516000C 2134 N Minneapolis Ave board up $234.18 1 00157620 C 12000 2327 E Random Rd board up $1,114.16 1 00157632 C 12012 2302 E Murdock Ave board up $1,194.60 1 00165924 C 20333 1551 N Oliver Ave board up $75.44 1 00175626 C 30257 1420 S Bluffview Dr. board up $160.56 3 00199241 D 00652 1121 W Dayton Ave board up $124.23 4 00205466 D 05315 1300 S Handley St board up $307.48 4 00205575 D 0540600AA 517 W Hendryx Ave board up $139.17 4 00212669 D 11497 541 N Elder St board up $220.82 6 Total $4,671.93

317

230200 6 Affidavits 6742 A88992 1818 Published in the Wichita Eagle on November 24 , 2017

ORDINANCE NO. 50-613

AN ORDINANCE MAKING A SPECIAL ASSESSMENT TO PAY FOR THE BOARDING-UP AND SECURING OF CERTAIN STRUCTURES, BEING DANGEROUS AND UNSAFE BUILDINGS WHICH HAVE BEEN DECLARED A NUISANCE (BUILDING EMERGENCY BOARD-UP) UNDER THE PROVISION OF SECTIONS 18.16.010 TO 18.16.090 OF THE CODE OF THE CITY OF WICHITA, KANSAS

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

SECTION 1. That the sum set opposite the following lots, herein specified, be and the same is hereby levied to pay the cost of boarding-up and securing certain structures, being dangerous and unsafe buildings which have been declared a nuisance under the provisions of Sections 18.16.010 to 18.16.090 of the Code of the City of Wichita, Kansas, located and situated upon the following described property:

Legal of Parcel in Benefit District Assessment LOTS 1216-1218 WATER ST. BUSH'S ADD. 139.73 LOT 47 INDIANA AVE. MATHEWSON'S 3RD. ADD. 242.39 LOTS 18-20-22-24-26-28-30-32-34-36 RANSON & KAY'S ADD. 74.54 LOTS 27-29-31 IDA AVE RANSON & KAYS 3RD ADD 122.50 LOT 5 BLOCK 5 SCHRADER BROS. 2ND. ADD. 171.60 E 18 FT LOT 9 & W 42 FT LOT 10 BLOCK 2 RAINBOW 1ST. ADD. 195.73 LOTS 26-28 BLOCK 1 KANSAS ADD. 154.80 LOTS 14-16 MINNEAPOLIS AVE PARKVIEW ADD. 234.18 LOT 6 BLOCK 5 PARKMORE ADD. 1,114.16 LOT 18 BLOCK 5 PARKMORE ADD. 1,194.60 LOT 3 BLOCK 8 KEN-MAR ADD. 75.44 LOT 34 BLOCK G HILLTOP MANOR SUB A REPLAT OF PART HILLTOP MANOR 160.56 & HILLTOP MANOR 2ND. LOTS 17-19 DAYTON AVE. LAWRENCE'S 7TH. ADD. 124.23 LOTS 31-32 BLOCK 10 FRANKLIN YIKE ADD. 307.48 LOTS 8-9 ELMDALE ADD. 139.17 LOT 5 BLOCK 12 FRUITVALE PARK ADD. 220.82

SECTION 2. The sum so assessed and apportioned against the lots herein before set out and not paid within 30 days from date of notice sent out by the Debt Management Office of the Department of Finance as provided by law, shall be collected by special assessment upon the property liable therefore in one installment and placed upon the tax roll for the year 2018 and shall be certified to the County Clerk and shall be levied and collected in the same manner as other taxes, and the Debt Management Office of the Department of Finance is hereby directed to give written notice to property owner(s) owning property assessed herein, as required by law.

318

SECTION 3. This ordinance shall take effect and be in force from and after its publication once in the official City paper.

ADOPTED, at Wichita, Kansas, this 21st day of November, 2017.

Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

(SEAL)

Approved as to form:

______Jennifer Magana, City Attorney and Director of Law

319

Agenda Item No. II-16

City of Wichita City Council Meeting November 7th, 2017

TO: Mayor and City Council

SUBJECT: Kansas Health Foundation Civic Engagement Academy Grant

INITIATED BY: Office of Community Services

AGENDA: Consent ______

Recommendation: Approve the Contract.

Background: The City of Wichita’s Office of Community Services has recently been awarded an Impact and Capacity Grant by the Kansas Health Foundation in the amount of $24,934.88 for the purpose of developing, delivering, and measuring outcomes of a Civic Engagement Academy. The Academy will invite, inspire, and empower individuals to civically engage with their municipal government. It will address the 2016 Kansas Civic Health Index, which found that “Kansas groups that are the least politically engaged also experience the poorest health outcomes,” and that “low level of political involvement for certain population groups, suggests important perspectives are underrepresented in the democratic process in Kansas.” If these populations were more engaged in local government processes, they would be better positioned to utilize available resources, as well as to advocate and advance policy change to reverse negative health trends associated with socioeconomic status. The Academy will teach individuals how and why to become civically engaged, provide hands-on experience with specific engagement actions, and inspire them to vote regularly. It will be provided free of charge to all participants.

Analysis: The Kansas Health Foundation has awarded an Impact Grant to the City of Wichita’s Office of Community Services, for the purpose of implementing a Civic Engagement Academy. The proposed program was reviewed and endorsed by the Kansas Health Foundation on October 17, 2017.

Financial Considerations: The Kansas Health Foundation grant award of $24,934.88 will be paid to the City of Wichita via electronic funds transfer, upon the approval of City Council and the acceptance of the subsequent authorization agreement by the City Manager. Funds are to be exclusively used for the purposes of implementing the Civic Engagement Academy and any funds not used between the start of the program on 2/1/2018 and the completion of the program on 12/31/2019, will be required to be returned to the Foundation. The Office of Community Services will be responsible for keeping accurate and complete records of all financial expenditures related to the project, and will make these records available to the Kansas Health Foundation upon request.

Legal Considerations: The Law Department has reviewed and approved the proposed contract as to form.

Recommendations/Actions: It is recommended that the City Council approve the contract and authorize the necessary signatures.

Attachments: Contract

320

October 17, 2017

City of Wichita Robert Layton City Manager City Hall 455 North Main St Wichita, KS 67202

RE: Grant #201701001-126-I

Dear Mr. Layton:

On behalf of the Kansas Health Foundation (Foundation) Board of Directors, I am pleased to inform you that your Impact Grant request to fund the “City of Wichita - Citizen Engagement Academy” project as described in your proposal dated 9/12/2017, as supplemented and revised, (“Project”) has been approved. The Foundation agrees to provide $24,934.88, to fund the Project. Grant funds will be paid via electronic funds transfer upon receipt of this signed Agreement and the Authorization Agreement for Direct Deposits.

Foundation must be assured the Grant funds will be expended for an appropriate charitable purpose and in a manner which is consistent with the Foundation’s purposes and Internal Revenue Service requirements. You must use the Grant exclusively to carry out and complete the Project. You may not use any of the Grant funds for any purpose deemed improper by the IRS or which might jeopardize the Foundation’s charitable tax status, including to: (i) lobby (within the meaning of IRC 501(c) (3)), or (ii) participate in or intervene in (including the publishing or distributing of statements) any political campaign on behalf of or in opposition to any candidate for public office.

Finally, any funds not expended for the purposes for which the Grant is being made must be returned to the Foundation. Failure to abide by the conditions of this Grant may lead to demand for return of the funds.

You agree to keep accurate and complete books and records with respect to the Grant Funds and their expenditure and make all financial and other records relating to the Project available to the Foundation upon our request. You are solely responsible for the Project, and this Grant does not create a principal-agent relationship of any type.

If you choose to seek publicity for this grant, please identify the Kansas Health Foundation, Wichita, Kansas, as a funding source per the following statement:

“The Kansas Health Foundation is a philanthropy dedicated to improving the health of all Kansans. For more information about the Kansas Health Foundation, visit www.kansashealth.org.”

321

Under this Agreement, the following reporting requirement is due by 2/1/2020: • Grant Status Report covering 2/1/2018 to 12/31/2019.

Instructions on completing the reporting requirement will be sent at least two months before the due date.

Please refer to the previously-referenced Grant number on future correspondence regarding this Grant. Questions or comments regarding this Grant may be directed to Chan Brown, program officer, at (800) 373-7681, (316) 491-8450 or [email protected]. Organizations receiving funding for this initiative will be posted on our website www.kansashealth.org regularly throughout the 2017 funding cycle. Chase Willhite, associate vice president for communication, will be your contact to coordinate any press coverage about this Grant.

Please signify your agreement with these Grant conditions by returning a signed copy of this letter to Blair Weibert at [email protected] by 11/17/2017. Thank you.

Sincerely,

Steve Coen President and CEO

Acknowledged, Agreed and Accepted:

______Robert Layton, City Manager Date

322 Proposal for Review 201701001-126-I

Impact Grant Proposal

Grant # 201701001-126-I Date Submitted: 9/12/2017 Organization Information Organization Name and Address City of Wichita City Hall 455 North Main St Wichita, KS 67202

Tax ID Number PSO

Organization E-Mail Address [email protected]

Primary Contact Name/Title Mr. Robert Layton, City Manager - [email protected]

Project Information

Project Title City of Wichita - Citizen Engagement Academy

Plan Director/Contact Person Name/Title Brandon Findley, Community Services Representative – District VI

Geographical Area Served South Central

Impact Area Increase Civic and Community Engagement

Project Start Date 2/1/2018

Project End Date 12/31/2019

Total Requested Funding Amount $24,934.88

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Proposal Narrative

A. Applicant Experience

1. Applicant organization’s mission: The City of Wichita’s mission is to be an exceptionally well-run city that will:  Keep Wichita safe,  Grow our economy,  Build dependable infrastructure and  Provide conditions for living well 2. How the applicant’s organizational mission aligns with KHF’s mission: The mission of the Kansas Health Foundation is to improve the health of all Kansans. To achieve its mission, KHF works to reduce health disparities related to social and economic factors and to civically engage more Kansans to improve the health of our state.

The intersection of our missions occurs where the City works to provide conditions for “living well” and the Foundation focuses on social and economic factors related to health disparities and increasing civic engagement. In its efforts to provide conditions for “living well,” the City focuses on 1) improving conditions for economic opportunity for Wichitans, 2) providing infrastructure that encourages biking/walking/physical activity, and 3) inviting civic engagement through various means. By directing efforts in these three areas, the City is working to mitigate socioeconomic factors that lead to health disparities while simultaneously striving to increase civic engagement as a means to ultimately improving health outcomes, both of which are strategies KHF employs to advance its mission to improve the health of all Kansans. 3. Applicant organization’s leadership capacity:

Board of Directors: The Wichita Mayor and City Council serves as the “board of directors” for the City of Wichita. Six council members represent equally populated geographically- defined districts, while the Mayor is elected at-large. Members serve four-year, staggered terms. The Mayor and City Council conduct all legislative functions for the City of Wichita and establish general policies, which are executed by the City Manager. The Mayor and City Council members engage daily with the Wichita’s priorities, policy, projects, and constituencies.

City Manager: Robert Layton has served as Wichita's City Manager since 2009. He reports to a 7 member City Council, directing the work of more than 3,000 employees. He oversees a $573 million annual budget and a $1.9 billion Capital Improvement Program. Mr. Layton has been involved in local government management for over 35 years. Before coming to Wichita he served as City Manager from 1984 to 2008 for Urbandale, Iowa and was an Assistant to the City Manager in Des Moines, Iowa from 1980 to 1984. Mr. Layton holds a graduate degree in public administration from Syracuse University, as well as a bachelor's degree in public administration from Drake University. The Civic Engagement Academy will be developed and implemented under the direction and approval of the City Manger.

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4. Key Personnel: The project manager for the Civic Engagement Academy will be Brandon Findley, the District 6 Community Services Representative from the City’s Office of Community Engagement. As part of his duties as Community Services Representative, Mr. Findley serves as both an assistant to Vice Mayor Janet Miller and as the de facto manager of Evergreen Neighborhood Resource Center (ENRC) where he coordinates community development programming and partnership recruitment and development. Mr. Findley earned both a graduate degree in public administration and a bachelor’s degree in health services management and community development from Wichita State University. As a staff member of the City’s of Office of Community Services, Mr. Findley has comprehensive understanding of the City of Wichita’s local government structure, operations, and processes and recognizes the need of a Civic Engagement Academy to developing civically engaged community members who can help advance the City and KHF’s shared missions.

5. Financial position: According to the 2016 Comprehensive Annual Financial Report (municipal audit), the City of Wichita’s assets as of 12/31/16 were $116,421,623 with liabilities of $48,479,271. Current ratio: 116,421,623 / 48,479,271 = 2.4014

B. Population and Statement of Need

Target population and disparities experienced by this population: The target population group for this program are those individuals who are considered “at risk” due to their level of education, income, or racial/ethnic minority status, as defined by the Kansas Health Foundation. According to a report by the KDHE, “Some Kansans enjoy much better health than others. If White citizens of Kansas were a state, it would rank 7th in the country. In contrast, if Black (or African American) citizens of Kansas were a state, it would rank at the very bottom of all the states – tying with Mississippi for the lowest ranking.” (Sebelius, Bremby p.8)

The issues and needs being addressed through the proposed activities: The striking difference in health outcomes associated with race and ethnicity are also correlated to the socioeconomic status of these populations and are directly affected by an individual’s level of education, income and social status. Furthermore, studies have shown that these socioeconomic and demographic factors are also directly related to an individual’s likelihood of being civically engaged in their community. The 2016 Kansas Civic Health Index found that “Kansas groups that are the least politically engaged also experience the poorest health outcomes,” and that “low level of political involvement for certain population groups, suggests important perspectives are underrepresented in the democratic process in Kansas.” (KCHI p. 4) Therefore it is vitally important that underrepresented population groups who are suffering from significantly reduced health outcomes, become more engaged in their local government processes. In doing so they will be better positioned to utilize collective resources and to reverse negative health trends associated with socioeconomic status. A comprehensive Civic Engagement Academy will begin the process of interacting with and empowering under represented population groups to initiate change.

Extent to which working relationships with the target populations exist: Project Manager Brandon Findley has regular interaction with community members within the populations designated to be “at risk” as defined by the Kansas Health Foundation. Members of these

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underserved communities regularly visit the ENRC and participate in programs offered there. In addition, Mr. Findley has developed partnerships with other community groups and programs serving these populations. As such, he is an ideal position to identify and recruit individuals for the Civic Engagement Academy, as well as serve as a recognized and trusted presenter. His counterparts at the other two Neighborhood Resource Centers can also serve as partners in recruiting.

C. Proposed Project Plan and Timeline

Narrative Description: The City of Wichita’s Office of Community Services proposes to develop, deliver, and measure outcomes of a Civic Engagement Academy. The Academy will invite, inspire, and empower individuals to civically engage with their municipal government. It will address the 2016 Kansas Civic Health Index, which found that “Kansas groups that are the least politically engaged also experience the poorest health outcomes,” and that “low level of political involvement for certain population groups, suggests important perspectives are underrepresented in the democratic process in Kansas.” (KCHI p. 4) If these populations were more engaged in local government processes, they would be better positioned to utilize available resources, as well as to advocate and advance policy change to reverse negative health trends associated with socioeconomic status. The Academy will teach individuals how and why to become civically engaged, provide hands-on experience with specific engagement actions, and inspire them to vote regularly. It will be provided free of charge to all particpants.

Contextual Background: Located in the heart of the historical “North End” area of Wichita, the City of Wichita’s Evergreen Neighborhood Resource Center (ENRC) is one partner in a consortium serving the largely Hispanic neighborhood. Within close proximity of the ENRC are Evergreen Public Library, Evergreen Recreation Center and Park, The Opportunity Project Pre- School, GraceMed Health Clinic, and Cloud Elementary School. ENRC has taken a lead role in coordinating an effort to achieve a community vision for this consortium which for now is being referred to as the Evergreen Complex. That vision is as follows:

“The Evergreen Complex is a thriving neighborhood hub teeming with activity, including services, resources, health, fitness, and recreational opportunities, community gathering, cultural events, and education programing. It services a large and growing Latino population with a long and rich cultural history based in what is historically known as Wichita’s North End. Although not exclusively serving minority populations, the Evergreen Complex is known for being a welcoming and safe place for people of all ethnicities and nationalities, from immigrants and refugees just arriving in the U.S, to those families who have been here for generations, giving life to the vibrant North End.”

To achieve this vision, the ENRC has been focusing its work in four areas: Civic Engagement, Workforce Development, Small Business Development, and Cultural Celebrations. The purpose of the first of these areas, Civic Engagement, is to help community members learn how and why to engage with their municipal government. The centerpiece of this effort will be the development and implementation of a Civic Engagement Academy, which will teach community about their municipal government and provide hands-on experience with how to civically engage. Our reason for the approach is that we have learned from the 2016 Kansas Civic Health

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Index, that “Kansas groups that are the least politically engaged also experience the poorest health outcomes,” and that “low level of political involvement for certain population groups, suggests important perspectives are underrepresented in the democratic process in Kansas.” (KCHI p. 4) If these populations were more engaged in local government processes, they would be better positioned to utilize available resources as well as advocate and advance policy change to reverse negative health trends associated with socioeconomic status. The Civic Engagement Academy will be designed to inspire and empower individuals to both actively interact with their municipal government and regularly vote in local elections.

Participants: The Civic Engagement Academy will be made available for North End community members and residents across the City of Wichita. Particular focus will be on recruiting individuals who are not presently civically engaged, especially racial and ethnic minorities, low income populations, young adults, and other underrepresented populations as identified. Participant recruitment efforts will concentrate on finding those who have not previously “been at the table” of civic engagement.

Program Format: The Civic Engagement Academy is envisioned to be a 6 to 8-week program that meets once weekly on a weeknight for 2 ½ to 3 hours each class period. The Academy will be offered twice per year, once in the spring and again in the fall. Each academy class would register 25-30 participants. The class would meet primarily at Evergreen Recreation Center, but would also include off-site classes and one or more tours of other City-owned facilities. A total of 4 Civic Engagement Academies would be offered, producing 100 to 120 graduates empowered and committed to be civically engaged with their municipal government. The primary presenter of the Civic Engagement Academy curriculum will be Brandon Findley. Guest speakers and other presenters from the Office of Community Services may also be recruited to make presentations if their time allows.

Program Content: The Civic Engagement Academy content will focus first on the benefits of being civically engaged, including registering to vote and regularly voting if eligible. Additionally, the program will include a comprehensive overview of the City of Wichita Departments and services. Emphasis will be placed on participants learning how to engage with each department for the purposes of 1) seeking information, 2) reporting problems, and 3) submitting suggestions. Additionally, residents will learn what opportunities exist within each department to serve on a related advisory board or commission if that is an option.

Previously, the City of Wichita offered what it called a “Citizens Academy.” That program focused on providing in-depth information about City departments and services, but didn’t provide content about the benefits of civic engagement or hands-on experience with how community members could become civically engaged. That program’s design not only required an enormous time commitment from Department Directors which was not sustainable, it also wasn’t designed to intentionally produce civically engaged community members.

Program Strategies: The Civic Engagement Academy will incorporate a variety of strategies and teaching methods to accommodate various learning styles. Strategies may include but aren’t limited to classroom instruction, video and in-person tours, simulations, class discussions, small- group activities, hands-on civic engagement experience, and participation in an incentive

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program. The incentive program will be designed to encourage participants to engage in a range of specifically-defined civic engagement actions in between class periods. Participants’ actions will be reported, recorded, and rewarded at the conclusion of the program with a combination of a recognition certificate and “earned” tickets to city-owned and/or supported arts and cultural attractions, the number of which are determined by the “level” of civic engagement achieved during the academy. Possible continuing involvement and development of academy graduates may include their enrollment in the Kansas Leadership Center’s Leadership Transformation program if the City of Wichita’s Office of Community Services is a successful recipient of that grant.

Program Development: The Civic Engagement Academy curriculum will be developed primarily by an outside content expert with specific experience in civic engagement activity and instruction. The ideal expert will have life experience as, or working with, elected officials, an in-depth understanding of municipal government, value the process of civic engagement as a primary method for improving community and have experience with adult-learning curriculum development and delivery. Additional curriculum development support will be provided by Brandon Findley, Project Manager. Mr. Findley will serve as liaison between the outside contractor and City Department Directors and their staff. Additionally, he will coordinate, manage, and complete the portion of the development work not included in the contractor’s scope. Oversight and supervision will be provided by City Manager Robert Layton and Office of Community Services Supervisor Janet Johnson. Vice Mayor Janet Miller, District 6 City Council Member, will support and contribute to the vision and development of the program.

Program Implementation and Timeline: The Civic Engagement Academy will be managed and implemented primarily by Brandon Findley, District 6 Community Services Representative from the City’s Office of Community Services. Support will be provided by Veronica Ibarra, Evergreen Neighborhood Resource Center Administrative Aide. Oversight and supervision will be provided by City Manager Robert Layton and Office of Community Services Supervisor Janet Johnson.

The Civic program will be developed and implemented on the following timeline:

Program Development: October 2017 – February 2018 Civic Engagement Academy #1: Spring 2018 Civic Engagement Academy #2: Fall 2018 Civic Engagement Academy #3: Spring 2019 Civic Engagement Academy #4: Fall 2019 Final Program Evaluation: December, 31, 2019

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Proposal Budget Table Budget Category Total Personnel (Salary and Fringe) $0 *Fringe maximum 25% of salary Project Costs $14,934.88

Consultants $10,000.00

SUBTOTAL (Total direct costs) $24,934.88

*Indirect Costs (10% max of direct costs) $0

TOTAL 24,934.88

Budget Narrative

A. Personnel

The primary personnel involved with the Civic Engagement Academy will be salaried staff of the City of Wichita, specifically Brandon Findley, District 6 Community Services Representative, who will serve as Project Manager and co-developer of the program. A small portion of time will be asked of City Department Directors and their senior staff for suggested contributions of departmental content. Guest speakers and other presenters from the Office of Community Services may also be recruited to make presentations if their time allows. The City of Wichita intends to cover these costs and is not requesting grants funds for personnel costs.

B. Project Costs

Project costs consist of one time development, equipment, and marketing expenditures as well as recurring supply expenditures associated with academy implementation. Development expenditures include the development of the program itself (see section C) as well as video and web development for providing access to the online academy. The following costs are quotations from internal City departments or contracted outside vendors.

Video and Web Development: Video production is quoted at $30.00 per hour at 4 hours per video for a total of 10 videos and a total cost of $1,200. Web development to host the Academy on the City website is quoted at $75.00 per hour for a total of 8 hours of work and a total cost of $600.00.

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Equipment: Additional one-time project costs include the costs associated with the presentations that will be given to Academy attendees at various locations. These costs include a laptop which will come equipped with the proper software at the cost of $800.00, a portable projector and carrying case at the cost of $110.00, and a portable projector screen at the cost of $80.00. These items will allow for presentations at locations that may not otherwise be set up for these types of activities.

Marketing Expenditures: Other one-time expenditures consist of various marketing platforms for recruiting and informing the potential participants about the opportunity to participate in the program. Flyer and poster design is quoted at $20 per hour for 10 hours of work for a total of $200.00. Printing of 500 informational flyers is estimated at $95.00, 80 informational posters at $150.00. Social media costs involved with increasing message viewership and reaching target audiences is estimated at $400.00.

Translation Expenditures: The online version of the Civic Engagement Academy will be made available in Spanish. Translation costs are calculated at $40.00 per hour, at 4 hours time per video, for 10 videos at a total cost of $1,600.

Recurring expenditures refer to costs that are associated with each of the four Academies held over the two-year period, each with 25-30 participants. Those costs include materials, transportation, room rental, incentive program, and graduation ceremony and reception.

Materials: Binders for storage and transport of printed materials will be provided to each participant. The printing costs for the binders will include 30 sets of materials at a cost of $28.00 per binder, $840.00 per Academy, and a total of $3,360.00 for all four Academies over two years. Thirty 2-inch binders will be purchased at a cost of $2.17 each, for a total of $65.10 per Academy, and a total of $260.40 over two years. The City will also purchase dividers sets for each binder at $2.49 each for a total of $74.70 per Academy and $298.80 over two years.

Transportation: Most of the Academy sessions will meet at Evergreen Recreation Center. When meeting at other locations, attendees will usually arrive at the alternate location via their own transportation. However, for at least one Academy session, trolley service will be needed to transport attendees to a series of locations. Trolley expenses are $84.14 per hour for 3 hours, at a total of $252.42 per Academy and $1009.68 for the 2-year program.

Incentive Program: One of the keystone features of the Civic Engagement Academy will the incentive program that rewards participants for taking specific civic engagement actions during the program. The greater the number of civic engagement actions taken, the more significant the reward level. Incentives may include, but aren’t limited to, such items as tickets for City-supported cultural attractions e.g. Botanica – The Wichita Gardens, Old Cowtown Museum, Wichita Art Museum, the Wichita/Sedgwick County Historical Museum, etc. Costs for various combinations of ticket packages are estimated at $420 per Academy and $1,680.00 for the 2-year program.

330 9/13/2017 Page 8 of 9 Proposal for Review 201701001-126-I

Room Rental: A small stipend of $150 for the use of Recreation Center classroom space is requested each of the four Academies for a total of $600 for the 2-year program.

Graduation Ceremony and Reception: A graduation ceremony and reception for participants and their families will be held at the conclusion of each Civic Engagement Academy. Graduate certificates with covers are estimated at $1.00 each at a cost of $30.00 per Academy and $120.00 for the 2-year program. City of Wichita flag lapel pins are also $1.00 each with a total cost of $120.00 for 2 years. Other expenses for the graduation event include refreshments, paper goods, plastic ware, simple graduation décor, etc., for approximately 80 people and are estimated at $500.00 per Academy and $2,000.00 for the 2-year program.

Unanticipated Expenses: Lastly, as with any creative new program, there will likely be a few unforeseen expenditures associated with program implementation. The City of Wichita has no funds budgeted for the Civic Engagement Academy beyond the indirect costs it is fully funding. This means there are no funds to cover small unanticipated expenses. For this reason, an amount of $250 is requested for these expenditures for the 2-year program.

C. Consultants (Contract Labor)

The Civic Engagement Academy curriculum will be developed primarily by an outside content expert with specific experience in civic engagement activity and instruction. The ideal expert will have life experience as, or working with, elected officials, have an in- depth understanding of municipal government, value the process of civic engagement as a primary method for improving community, and have experience with adult-learning curriculum development and delivery. A local not-for-profit with expertise in leadership development estimated the current rate for this type of curriculum development to be approximately $100 per hour. Allocating 100 hours for curriculum development at $100 per hour totals $10,000. This is the greatest single expenditure for development of the Civic Engagement Academy and also the Academy’s greatest area of need. Success of the Academy in fostering civic engagement depends on the quality of the program content, the creativity of the teaching methods employed, and the experience with hands- on civic engagement activity during the program. Partnering with the right content development expert is critical to the program’s successful achievement of its civic engagement objectives.

D. Indirect Costs

No funding is being requested for Indirect Costs.

331 9/13/2017 Page 9 of 9

Agenda Item No. II-17

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: O.J. Watson Park Improvement Project (District III)

INITIATED BY: Department of Park & Recreation

AGENDA: Consent ______

Recommendation: Adopt the bonding resolution and the initiation of additional funding for the project.

Background: O.J. Watson Park is one of the largest parks in the City of Wichita park system and the 119 acre site offers a rustic setting, which includes a 40-acre lake for fishing, a miniature train ride, pony rides, miniature golf, and volleyball courts. In order to promote a greater awareness of the park by making it an attractive and known destination park, several enhancements are proposed for the site. In addition, the 2016 Parks, Recreation and Open Space plan identified the use of reclaimed water, where feasible, in the park system. Park and Public Works staff have been granted an approval to proceed from the Kansas Division of Water Resources for the use of reclaimed water at O.J. Watson Park from the reclaimed water wells that feed into the Gilbert Mosely facility. Analysis: In conjunction with the recommendations laid out in the Watson Park Master Plan, staff has identified the following projects: the design and installation of a reclaimed water line from the Gilbert Mosely facility to the park for irrigation, removal of additional railroad track sections and additional repairs as necessary for the miniature train loop, completion of renovations to the existing indoor shelter and concession stand. Any remaining funds will be used for wayfinding improvements, perimeter fencing and erosion control.

Financial Considerations: The 2017-2026 Adopted CIP includes $324,940 for O.J. Watson Park in 2017. Staff recommends initiating this additional funding at this time, to bring the total funding for the project to $650,540. The funding source for this project is General Obligation Bonds (GO at large).

Legal Considerations: The Law Department has reviewed the resolution as to form.

Recommendations/Actions: It is recommended that the City Council adopt the bonding resolution and approve the initiation of additional funding for the project.

Attachments: Bonding resolution.

332

RESOLUTION NO. 17-408

A RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF WICHITA, KANSAS TO PAY THE COSTS OF PUBLIC PARK IMPROVEMENTS.

WHEREAS, the City of Wichita, Kansas (the “City”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the City Council (the “Governing Body”) of the City has heretofore, pursuant to K.S.A. 13-1346, created the Wichita Board of Park Commissioners (the “Board”); and

WHEREAS, the Governing Body is authorized, pursuant to K.S.A. 13-1024c, as amended by Charter Ordinance No. 156 of the City (the “Act”) to issue general obligation bonds of the City without an election for the purpose of paying for the construction, purchase or improvement of any public improvement, including the land necessary therefore, and for the purpose of rebuilding, adding to or extending the same as the necessities of the City may require and for the purpose of paying for certain personal property therefore; and

WHEREAS, the Governing Body hereby finds and determines that it is necessary and advisable to make certain public improvements described as follows:

Labor, material, equipment and expenditures necessary for the design, development, removal, construction and improvements at O. J. Watson Park including the completion of renovations to the existing indoor shelter and concession stand, the installation of a reclaimed water line from the Gilbert Mosely facility to the park for irrigation, removal of additional railroad track sections and additional repairs as necessary for the miniature train loop, wayfinding improvements, perimeter fencing and erosion control as funds allow. (collectively, the “Project”) for the use of the Board and/or City, and to provide for the payment of all or a portion of the costs thereof by the issuance of general obligation bonds of the City pursuant to the Act.

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

Section 1. Project Authorization. It is hereby authorized, ordered and directed that the Project be designed, acquired and/or constructed at an estimated cost of $324,940 in accordance with specifications prepared or approved by the City of Wichita.

Section 2. Project Financing. All or a portion of the costs of the Project, interest on financing and administrative and financing costs shall be financed with the proceeds of general obligation bonds of the City (the “Bonds”). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of adoption of this Resolution, pursuant to Treasury Regulation §1.150-2.

Section 3. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Governing Body.

333 ADOPTED by the City Council of the City of Wichita, Kansas, on November 7, 2017.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magana, City Attorney and Director of Law

334

Agenda Item No. II-18

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council Members

SUBJECT: Park Facility Improvements (All Districts)

INITIATED BY: Department of Park & Recreation

AGENDA: Consent

Recommendation: Adopt the bonding resolution and authorize initiation of additional funding for the project.

Background: Due to the age and heavy use of the recreation centers and other high-traffic areas in the park system, staff has identified several capital improvements to be addressed. These locations continue to be vibrant and well-used sites, with numerous amenities at the sites.

Analysis: The repairs that have been identified by staff represent safety concerns in some areas and are necessary in order to continue efficient functioning of these buildings. Funding would be used for the replacement of the flooring, plumbing and improvement to the ventilation system at the Park Maintenance Facility, and for the installation of additional lighting and shade structures at the Tennis Center. The flooring at Edgemoor Recreation Center is in need of additional funds for replacement, as is the exterior patio at Edgemoor. Funding would also be used for the installation of a dividing wall at Orchard Recreation Center and for the removal of a wall at Woodard Recreation Center and installation of security cameras there. Any additional funds will be used to purchase tables and chairs for the community facilities and recreation centers. These projects will continue the implementation of Wichita’s 2016 Park, Recreation and Open Space Plan, the strategic master plan for the City’s park system, and will address improvements to park facilities.

Financial Considerations: The 2017-2026 Capital Improvement Program contains $400,000 in 2018 for Facility improvements. Staff recommends initiating that additional funding at this time, to raise the total funding for the project to $800,000. The funding source for this project is General Obligation Bonds (GO at large).

Legal Considerations: The Law Department has approved the bonding resolution as to form.

Recommendation/Actions: It is recommended that the City Council adopt the bonding resolution and authorize initiation of additional funding for the project.

Attachments: Bonding resolution.

335

RESOLUTION NO. __-___

A RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF WICHITA, KANSAS TO PAY THE COSTS OF PUBLIC PARK IMPROVEMENTS.

WHEREAS, the City of Wichita, Kansas (the “City”) is a municipal corporation, duly created, organized and existing under the Constitution and laws of the State; and

WHEREAS, the City Council (the “Governing Body”) of the City has heretofore, pursuant to K.S.A. 13-1346, created the Wichita Board of Park Commissioners (the “Board”); and

WHEREAS, the Governing Body hereby finds and determines that it is necessary and advisable to make certain public improvements described as follows:

Labor, material, equipment and expenditures necessary for the design, development, removal, construction and improvements to public parks and facilities which includes, but not limited to, the replacement of the flooring, plumbing and improvement to the ventilation system at the Park Maintenance Facility, the installation of additional and lighting and shade structures at the Tennis Center, the indoor flooring and exterior patio at Edgemoor, the installation of a dividing wall at Orchard Recreation center and the removal of a wall and the addition of security cameras at Lynette Woodard Recreation Center and tables and chairs as funding allows (collectively, the “Project”) for the use of the Board and/or City, and to provide for the payment of all or a portion of the costs thereof by the issuance of general obligation bonds of the City pursuant to the Act.

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS, AS FOLLOWS:

Section 1. Project Authorization. It is hereby authorized, ordered and directed that the Project be designed, acquired and/or constructed at an estimated cost of $400,000 in accordance with specifications prepared or approved by the City of Wichita.

Section 3. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Governing Body.

336 ADOPTED by the City Council of the City of Wichita, Kansas, on ______.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magana, City Attorney and Director of Law

337 Revised 11-3-2017 Agenda Item No. II-19

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: WAMPO Planning Walkable Places Funding Agreements

INITIATED BY: Wichita Transit

AGENDA: Consent ______

Recommendation: Approve the funding agreements, authorize the necessary signatures, and authorize the necessary budget adjustments.

Background: On February 5, 2013, the Wichita City Council endorsed the Wichita Bicycle Master Plan (Bike Plan) as an official guide for how the City can enhance mobility on a bicycle. The Bike Plan contains goals for the City to improve the safety of bicycling, increase the amount of bicycling, and foster a culture where bicycling is a viable and acceptable form of transportation.

On November 4, 2014, the Wichita City Council endorsed the Wichita Pedestrian Master Plan (Pedestrian Plan) as a guide for future planning and decision making regarding public infrastructure, programs and policies that affect walking in Wichita. The plan contains goals for the City to improve the safety of walking, improve conditions for walking, and promote a city-wide culture of walking.

On May 15, 2017, the Wichita Area Metropolitan Area Planning Organization (WAMPO) announced a call for projects for the Planning Walkable Places program. The program is a non-construction grant program that utilizes funds “left over” from planned construction projects. The goals of the program are to improve health, safety, and connectivity; improve community vitality and “sense of place”; enhance tourism, attract young talent, improve mobility of seniors and children; increase the enjoyment and safety of community events; and provide a distinctive place that promotes community identity and serves as a landmark.

On July 11, 2017, the Wichita City Council approved the funding applications for the WAMPO Planning Walkable Places funding applications. On August 8, 2017, the WAMPO Transportation Policy Body approved the funding for all of the WAMPO Planning Walkable Places applications, including the Wichita applications.

Analysis: The proposed funding agreements will allow the City of Wichita to undertake projects that help implement the Wichita-Sedgwick County Community Investments Plan; Wichita Pedestrian Master Plan; Wichita Bicycle Master Plan; and the Wichita Transit Vision and Sustainability Plans. The proposed funding agreements are for the following projects.

 Parking and Multi-Modal Plan This project will develop a plan for how the City of Wichita should implement City goals through the provision of parking programs, policies, and programs. The planning process will be an opportunity to identify parking’s role as an important part of the overall transportation system, and areas of community consensus for City actions.

338 Page 2

 Downtown Streets Planning and Conceptual Designs This initiative will plan and create conceptual designs for streets in downtown Wichita, with special focus on conversion of one-way streets to two-way streets. The designs will include all of the public right-of-way - providing guidance for sidewalks, bikeways, parking, travel, turn lanes, transit stops, and loading zones. Special focus will be placed on intersections.

 Transit Accessibility Study This study will examine bus stops for ADA accessibility including identify missing or inadequate sidewalks within ¼ and ½ mile of all transit fixed routes. The study will prioritize the locations for improvements and will look at individual stops to determine if the stops need a path from the sidewalk to the bus and identify prime locations for crossings. This project will provide high level cost estimates for budgeting purposes.

 Transit Feasibility Study This study will be a partnership with some of the surrounding communities to determine the feasibility of extending Wichita Transit service. The study will identify existing conditions, demographics, and socioeconomics. It will identify partnership opportunities between the cities and Wichita Transit, future alternatives, strategies for implementation, and opportunities for multi-modal connections.

 Walkable Development Plan This plan will implement the Community Investments Plan by providing for identification of regulatory barriers to a mix of infill design styles; a creation of a community vision for infill development; and identification of areas of opportunity for multi-modal transportation. Design guidelines and zoning code amendments will be identified and a corresponding strategy for public investments in multi-modal transportation will be identified in the areas of opportunity.

Financial Considerations: The proposed funding agreements would secure $744,000 in federal transportation funding. The applications require a 20 percent local match. The local match for the proposed Transit Feasibility Study will be funded by a partnership among four cities and Wichita Transit. The local match for the project is estimated to be $11,000 and individual contributions will be shared among participants, with the costs for each participant anticipated to be $2,200. An administrative fee will be assessed to each project to cover indirect costs.

Project Federal City of Wichita Administrative City of Funding Local Match Fee Wichita Local Request Match Source Parking and Multi-Modal Plan $240,000 $60,000 $2,400 Parking Fund Downtown Streets Planning $280,000 $70,000 $2,800 Parking Fund and Conceptual Designs Walkable Development Plan $140,000 $35,000 $1,400 Parking Fund Transit Accessibility Study $40,000 $10,000 $606 Transit Fund Transit Feasibility Study $44,000 $2,200 $667 Transit Fund (see description above)

Legal Considerations: The Law Department has reviewed the proposed agreements and approved them as to form.

Recommendations/Actions: It is recommended that the City Council approve the funding agreements, and authorize the necessary signatures and budget adjustments.

Attachments: WAMPO Planning Walkable Places City of Wichita funding agreements.

339

WICHITA METROPOLITAN AREA PLANNING ORGANIZATION PLANNING WALKABLE PLACES PROGRAM PARKING & MULTIMODAL PLAN

AGREEMENT

PARTIES: City of Wichita, KS, hereinafter referred to as the “Sponsor”

Wichita Area Metropolitan Planning Organization, hereinafter referred to as “WAMPO”

PURPOSE: The Planning Walkable Places (here in after known as “PWP”) program provides local governments with financial support to advance detailed planning and project development activities in support of MOVE2040’s activity centers and corridors framework. Funds received will be used to advance detailed local planning in support of the project application as detailed in Exhibit A.

The program looks to facilitate the following objectives:  Create pilot projects that can be evaluated by all member jurisdictions and members of the public.  Enhance community identity by helping to create core areas and Main Streets with distinctive characteristics.  Promote pedestrian safety.  Enhance or restore the character and charm of traditionally walkable areas.  Support a “sense of community” in small and large cities.  Enhance the quality of community of events and help keep up with rapidly increasing rates of attendance.  Support efforts to enhance economic vitality and tourism that rely on foot traffic for attractions and retail.

EFFECTIVE The parties mutually agree to Articles I, II, III, and IV in accordance with this Agreement from the ___ day of ______, 2017 until the 31st day of December, 2019.

ARTICLE I

SPONSOR AGREES: 1. To fund their portion of the PWP program’s required local match of $60,000 with a one-time payment upon delivery of an invoice from WAMPO; 2. To pay a one-time TIP fee to WAMPO of 1.0% of the federal award to cover a portion of the indirect services fee charged to WAMPO by its fiscal agent; 3. That any change order or request for additional services must be submitted through WAMPO to the contracted consultant. If the resulting change order or request for additional services requires additional funding, payment shall be the responsibility of the Sponsor; 4. To pay for any ineligible expense that is incurred on this project that is not reimbursed to

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WAMPO by the Kansas Department of Transportation (KDOT); 5. To provide a project manager and coordinate the consultant team; 6. To participate in the PWP program management and provide WAMPO all required technical assistance, data and any other necessary information needed to successfully manage and comply with federal requirements regarding the PWP project; 7. Agree to include designated WAMPO project liaison in study advisory committee; and 8. To provide a selection committee to review consultant vendor proposals, interview prospective consultant vendors, and make final selection of vendor.

ARTICLE II

WAMPO AGREES: 1. To provide project liaison and project management; 2. To administer awarded Planning Walkable Places funding of $240,000, unless state or federal funding sources withdraw funding; 3. To coordinate and conduct consultant selection process to meet state and federal procurement requirements in the use of federal funds that includes but is not limited to debarment and Disadvantaged Business Enterprise (DBE) requirements; 4. To provide oversight of federal requirements that governs the use of federal funds in connection with the PWP program; and 5. To administer consultant invoicing and reimbursement process per state and federal guidelines.

ARTICLE III

BOTH PARTIES MUTUALLY AGREE: 1. That this Agreement and all contracts entered into under provisions of this Agreement shall be binding upon the City of Wichita , Kansas and WAMPO and made in compliance with all applicable laws, rules, regulations, policies and procedures; and; 2. That no third party beneficiaries are intended to be created by this Agreement, nor do the parties herein authorize anyone not a party to this Agreement to maintain a suit for damages pursuant to the terms or provisions of this Agreement.

ARTICLE IV

1. Audits. (a) For purposes of this Section, “Records” shall mean any document, book, paper, photograph, map, sound recordings or other material, regardless of physical form or characteristics, made or received in connection with this Contract, the Consultant Services Agreement and all Contract amendments and renewals. (b) WAMPO shall maintain and retain all Records for a term of five (5) years that shall begin after the expiration or termination of this Contract and all Contract amendments. Sponsor shall have a right to examine or audit all Records, and WAMPO shall provide access to Sponsor of all Records upon ten (10) days written notice from the Sponsor.

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(c) The books, documents and records of WAMPO in connection with this Contract shall be made available to the WAMPO’s Auditor, and the person or entity administering this Contract within ten (10) days after the written request is made.

2. Cash Basis Law. Pursuant to the Kansas Cash Basis Law, Sponsor is obligated only to make payments under this Agreement as may be lawfully made from funds budgeted and appropriated for the purposes as set forth in this Agreement during Sponsor’s current budget year. In the event Sponsor does not so budget and appropriate the funds, the parties acknowledge and agree that they shall be relieved from all obligations, without penalty, under this Agreement.

3. Termination. WAMPO and Sponsor each respectively reserves the right to terminate this Agreement at any time without cause by giving the other not less than thirty (30) days written notice of termination. If the City terminates the Agreement prior to completion of services, the City shall compensate WAMPO for all services satisfactorily completed as of the date of WAMPO’s receipt of the termination notice. Compensation shall not include anticipatory profit or consequential damages, neither of which will be allowed.

IN WITNESS WHEREOF: the parties hereto have caused this Agreement to be signed by their authorized officers on the day and year first above written.

Wichita Area Metropolitan Planning Organization City of Wichita, Kan.

Pete Meitzner, Chair Jeff Longwell Transportation Policy Body Mayor

______

Date: ______Date: ______

Attest:

______Karen Sublett, City Clerk

APPROVED AS TO FORM:

______Jennifer L. Magana City Attorney

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Exhibit A PROJECT APPLICATION

- - 4343 PLANNING WALKABLE PLACES CALL FOR PROJECTS

BACKGROUND

Planning Walkable Places is a non-construction grant program for WAMPO cities and counties who wish to do pedestrian-related planning projects. This is defined broadly. Possible projects might include area plans, street or development design guidelines, studies or surveys, or conceptual planning of sidewalks, paths, or systems. These can be for the purpose of safety, public health, quality of life, or tourism and economic development.

DEFINITIONS

Local Match: many federal funding programs require that grant recipients pay some percentage of a project’s cost (in the case of this program, 20 percent)

Preliminary Engineering (not eligible): analysis and design work to produce construction plans and engineering specifications, and specific cost estimates

Conceptual Plans (eligible): plans that create options or scenarios for meeting a need and help to choose among them, and/or provide the purpose, location, and type of a facility such as a sidewalk or path

Public Involvement/Public Process: the process by which an organization consults with interested or affected individuals, organizations, and government entities before making a decision

Project Scope: a description of the work to be performed

RESOURCES

For further information, please check out some of the below Planning Walkable Places Program resources:

Program Document Visual Guide Program Web-Page

Page 1 of 4 344 CALL FOR PROJECTS APPLICATION

One project per application

ORGANIZATION/AGENCY PRIMARY CONTACT PRIMARY CONTACT INFORMATION Name: Name: Phone:

City of Wichita Scott Wadle 316.352.4855

Address: Title: E-Mail:

455 N. Main Street, 13th Floor Senior Management Analyst [email protected]

ELIGIBILITY

Please select if your project will include (select all that apply):

Preliminary Engineering (defined above) Right of Way Acquisition Utility Relocation Construction Land Surveying

If you checked any of the above, your project may need to be changed in order to be eligible for funding under this program. Please call Jason O’Brien at 316-352-4861 or Kristen Zimmerman at 316-352-4862.

Please select if your project will include (select all that apply):

✔ A clear explanation of how the project will enhance walkability ✔ A public involvement process ✔ A conceptual description of all work to be performed ✔ A reasonably accurate cost estimate

If you did NOT check ALL of the boxes above, your project may need to be changed in order to be eligible for funding under this program. For further detail please call Jason O’Brien at 316- 352-4861 or Kristen Zimmerman at 316-352-4862.

Page 2 of 4 345 PROJECT DESCRIPTION Please describe your proposed project. See the below examples for further insight:

Bad Example: Plan a sidewalk between 183rd and 187th street.

Good Example: Plan for connecting 183rd and 187th Streets on Harlan Avenue so that residents in the Pine Hills neighborhood can safely walk to the Pine Hills Shopping Center. The plan will help determine whether to extend the sidewalk on the west side of Harlan Ave or construct a new facility between the neighborhood and Shopping Center on the east side, and will help to determine what types of crosswalks or other safety features may be appropriate. Engineering concerns and public input will both be considered. The plan will also examine the possible addition of trees and lighting along this route and extending to Maple Sugar Park on 188th Street. It will develop planning-level cost estimates or ranges for implementing different options.

This project will undertake a process to develop a plan for how the City of Wichita should implement community transportation goals through the provision of parking programs, policies, and programs. Research has shown that parking is one of the most important factors for transportation mode choice decisions. This planning process will be an opportunity to identify parking’s role an important part of the overall regional transportation system, and areas of community consensus for actions. Parking is strongly related to how often and where people walk, bicycle, take the bus, and drive. This project will will be an opportunity to explore different scenarios and how parking can help accomplish goals related to walking and multi-modal transportation systems.

The plan will be for the entire city. The planning process will be an opportunity to: • provide opportunities for individuals and organizations to learn more about parking and the relationship to transportation choices - including presentations, open house event, website, and limited marketing • collect input from the public and stakeholders; • identify areas of agreement related to how best to move forward; • recommend pricing and subsidies strategies for parking as a part of the multi-modal transportation system; • coordination of multi-modal transportation networks; and • review current parking regulations for private developments.

Project deliverables will result in a plan that will provide guidance for programming of capital and operating funding; and policy development.

PROJECT COST Please describe the costs associated with your project:

It is anticipated that the costs of the project will be $300,000, including a 20% local match. The funding will primarily be utilized to hire a consultant to work on the project. A limited amount of funding will be used to help announce the public engagement opportunities and to pay for related expenses like printing of documents.

Page 3 of 4 346 AGREEMENTS

INITIAL It is understood and agreed that any funds awarded may only be used on the project sw described in this application.

This program uses federal funds, which require local matching funds. It is understood and sw agreed that the grant recipient must provide 20 percent of the total project cost. It is understood and agreed that substantial changes made to the project’s scope of work after sw award must be approved by WAMPO, and that expenditures on unapproved activities might not be reimbursed. sw It is understood and agreed that no additional federal funds will be provided for project cost increases after award. It is understood and agreed that the Kansas Department of Transportation’s consultant sw procurement process must be adhered to when choosing a consultant (WAMPO will provide guidance and assistance).

sw This is the official project submission of a WAMPO member jurisdiction

Your signature indicates agreement to all of the above terms and provisions

Scott Wadle

(please sign here)

Application Submission:

Applicants shall submit an electronic copy of their completed project application form no later than June 15, 2017 at 5:00 PM CST to the attention of Jason O’Brien at [email protected].

Please direct any addition questions or requests for information to following:

Jason O’Brien, Senior Planner I 271 W. Third Street, Suite 208 Wichita, KS 67202-1212 Phone: 316-352-4861 Fax: 316-858-7765 E-Mail: [email protected]

Kristen Zimmerman, Senior Planner II Phone: 316-352-4862 E-Mail: [email protected]

Page 4 of 4 347

WICHITA METROPOLITAN AREA PLANNING ORGANIZATION PLANNING WALKABLE PLACES PROGRAM TRANSIT ACCESSIBILITY STUDY

AGREEMENT

PARTIES: City of Wichita, KS, Wichita Transit, hereinafter referred to as the “Sponsor”

Wichita Area Metropolitan Planning Organization, hereinafter referred to as “WAMPO”

EFFECTIVE The parties mutually agree to Articles I, II, III, and IV in accordance with this Agreement from the ___ day of ______, 2017 until the 31st day of December 2019.

ARTICLE I

SPONSOR AGREES: 1. To fund their portion of the PWP program’s required local match of $10,000 with a one-time payment upon delivery of an invoice from WAMPO; 2. To pay a one-time administrative fee to WAMPO of approximately 1.5% of the federal award to cover a portion of the indirect services fee charged to WAMPO by its fiscal agent; 3. That any change order or request for additional services must be submitted through WAMPO to the contracted consultant. If the resulting change order or request for additional services requires additional funding, payment shall be the responsibility of the Sponsor;

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4. To pay for any ineligible expense that is incurred on this project that is not reimbursed to WAMPO by the Kansas Department of Transportation (KDOT); 5. To provide a project manager and coordinate the consultant team; 6. To participate in the PWP program management and provide WAMPO all required technical assistance, data and any other necessary information needed to successfully manage and comply with federal requirements regarding the PWP project; 7. Agree to include designated WAMPO project liaison in study advisory committee; and 8. To provide a selection committee to review consultant vendor proposals, interview prospective consultant vendors, and make final selection of vendor.

ARTICLE II

WAMPO AGREES: 1. To provide project liaison and project management; 2. To administer awarded Planning Walkable Places funding of $40,000, unless state or federal funding sources withdraw funding; 3. To coordinate and conduct consultant selection process to meet state and federal procurement requirements in the use of federal funds that includes but is not limited to debarment and Disadvantaged Business Enterprise (DBE) requirements; 4. To provide oversight of federal requirements that governs the use of federal funds in connection with the PWP program; and 5. To administer consultant invoicing and reimbursement process per state and federal guidelines.

ARTICLE III

ARTICLE IV

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IN WITNESS WHEREOF: the parties hereto have caused this Agreement to be signed by their authorized officers on the day and year first above written.

Wichita Area Metropolitan Planning Organization City of Wichita, Kan.

Pete Meitzner, Chair Jeff Longwell Transportation Policy Body Mayor

______

Date: ______Date: ______

Attest:

______Karen Sublett, City Clerk

APPROVED AS TO FORM:

______Jennifer L. Magana City Attorney

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Exhibit A PROJECT APPLICATION

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WICHITA METROPOLITAN AREA PLANNING ORGANIZATION PLANNING WALKABLE PLACES PROGRAM TRANSIT FEASIBILITY STUDY

AGREEMENT

PARTIES: City of Wichita, KS, Wichita Transit, hereinafter referred to as the “Sponsor”

Wichita Area Metropolitan Planning Organization, hereinafter referred to as “WAMPO”

The program looks to facilitate the following objectives:

 Create pilot projects that can be evaluated by all member jurisdictions and members of the public.  Enhance community identity by helping to create core areas and Main Streets with distinctive characteristics.  Promote pedestrian safety.  Enhance or restore the character and charm of traditionally walkable areas.  Support a “sense of community” in small and large cities.  Enhance the quality of community of events and help keep up with rapidly increasing rates of attendance.  Support efforts to enhance economic vitality and tourism that rely on foot traffic for attractions and retail.

EFFECTIVE The parties mutually agree to Articles I, II, III, and IV in accordance with this Agreement from the ___ day of ______, 2017 until the 31st day of December 2019.

ARTICLE I

SPONSOR AGREES: 1. To fund their portion of the PWP program’s required local match of $11,000 with a one-time payment upon delivery of an invoice from WAMPO; 2. To pay a one-time administrative fee to WAMPO of approximately 1.5% of the federal award to cover a portion of the indirect services fee charged to WAMPO by its fiscal agent; 3. That any change order or request for additional services must be submitted through WAMPO to the contracted consultant. If the resulting change order or request for additional services

- - 1356

requires additional funding, payment shall be the responsibility of the Sponsor; 4. To pay for any ineligible expense that is incurred on this project that is not reimbursed to WAMPO by the Kansas Department of Transportation (KDOT); 5. To provide a project manager and coordinate the consultant team; 6. To participate in the PWP program management and provide WAMPO all required technical assistance, data and any other necessary information needed to successfully manage and comply with federal requirements regarding the PWP project; 7. Agree to include designated WAMPO project liaison in study advisory committee; and 8. To provide a selection committee to review consultant vendor proposals, interview prospective consultant vendors, and make final selection of vendor.

ARTICLE II

WAMPO AGREES: 1. To provide project liaison and project management; 2. To administer awarded Planning Walkable Places funding of $44,000, unless state or federal funding sources withdraw funding; 3. To coordinate and conduct consultant selection process to meet state and federal procurement requirements in the use of federal funds that includes but is not limited to debarment and Disadvantaged Business Enterprise (DBE) requirements; 4. To provide oversight of federal requirements that governs the use of federal funds in connection with the PWP program; and 5. To administer consultant invoicing and reimbursement process per state and federal guidelines.

ARTICLE III

ARTICLE IV

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IN WITNESS WHEREOF: the parties hereto have caused this Agreement to be signed by their authorized officers on the day and year first above written.

Wichita Area Metropolitan Planning Organization City of Wichita, Kan.

Pete Meitzner, Chair Jeff Longwell Transportation Policy Body Mayor

______

Date: ______Date: ______

Attest:

______Karen Sublett, City Clerk

APPROVED AS TO FORM:

______Jennifer L. Magana City Attorney

- - 3358

Exhibit A PROJECT APPLICATION

- - 4359 PLANNING WALKABLE PLACES CALL FOR PROJECTS

BACKGROUND

DEFINITIONS

Local Match: many federal funding programs require that grant recipients pay some percentage of a project’s cost (in the case of this program, 20 percent)

Preliminary Engineering (not eligible): analysis and design work to produce construction plans and engineering specifications, and specific cost estimates

Public Involvement/Public Process: the process by which an organization consults with interested or affected individuals, organizations, and government entities before making a decision

Project Scope: a description of the work to be performed

RESOURCES

For further information, please check out some of the below Planning Walkable Places Program resources:

Program Document Visual Guide Program Web-Page

Page 1 of 4 360 CALL FOR PROJECTS APPLICATION

One project per application

ORGANIZATION/AGENCY PRIMARY CONTACT PRIMARY CONTACT INFORMATION Name: Name: Phone:

Wichita Transit Michelle Stroot 316-352-4808

Address: Title: E-Mail:

777 E Waterman Senior Management Analyst [email protected]

ELIGIBILITY

Please select if your project will include (select all that apply):

Preliminary Engineering (defined above) Right of Way Acquisition Utility Relocation Construction Land Surveying

Please select if your project will include (select all that apply):

✔ A clear explanation of how the project will enhance walkability ✔ A public involvement process ✔ A conceptual description of all work to be performed ✔ A reasonably accurate cost estimate

Page 2 of 4 361 PROJECT DESCRIPTION Please describe your proposed project. See the below examples for further insight:

Bad Example: Plan a sidewalk between 183rd and 187th street.

This Transit Feasibility study is a partnership with cities surrounding Wichita that have an interest in studying the feasibility of Wichita Transit extending service to their community. The study will identify existing conditions of the transportation network, demographics, and socioeconomics. Need and demand will be looked at by conducting community outreach. Each community will be engaged throughout the process with opportunities for review and input on different elements of the study. The study will identify partnership opportunities between the cities and Wichita Transit, future transit alternatives, and strategies for implementation and funding. Additionally the study should identify connectivity opportunities between bicycling or walking paths and transit. Public transit opportunities are a key element supporting strong walkability within a city.

PROJECT COST Please describe the costs associated with your project:

The estimated cost for the feasibility study is $55,000. The Federal portion of 80% would be $44,000. The local share match will be split amongst the partner jurisdictions. It is estimated that about 400 consultant hours will be needed to complete the study. Expected activities include:

Market Analysis Extensive Public Outreach Service Alternative Options Implementation Strategies Funding and Cost Sharing Recommendations Project management

Page 3 of 4 362 AGREEMENTS

INITIAL It is understood and agreed that any funds awarded may only be used on the project MS described in this application.

This program uses federal funds, which require local matching funds. It is understood and MS agreed that the grant recipient must provide 20 percent of the total project cost. It is understood and agreed that substantial changes made to the project’s scope of work after MS award must be approved by WAMPO, and that expenditures on unapproved activities might not be reimbursed. MS It is understood and agreed that no additional federal funds will be provided for project cost increases after award. It is understood and agreed that the Kansas Department of Transportation’s consultant MS procurement process must be adhered to when choosing a consultant (WAMPO will provide guidance and assistance).

MS This is the official project submission of a WAMPO member jurisdiction

Your signature indicates agreement to all of the above terms and provisions

Michelle Stroot

(please sign here)

Application Submission:

Applicants shall submit an electronic copy of their completed project application form no later than June 15, 2017 at 5:00 PM CST to the attention of Jason O’Brien at [email protected].

Please direct any addition questions or requests for information to following:

Jason O’Brien, Senior Planner I 271 W. Third Street, Suite 208 Wichita, KS 67202-1212 Phone: 316-352-4861 Fax: 316-858-7765 E-Mail: [email protected]

Kristen Zimmerman, Senior Planner II Phone: 316-352-4862 E-Mail: [email protected]

Page 4 of 4 363

WICHITA METROPOLITAN AREA PLANNING ORGANIZATION PLANNING WALKABLE PLACES PROGRAM WALKABLE DEVELOPMENT PLAN

AGREEMENT

PARTIES: City of Wichita, KS, hereinafter referred to as the “Sponsor”

Wichita Area Metropolitan Planning Organization, hereinafter referred to as “WAMPO”

The program aims to facilitate the following objectives:

EFFECTIVE The parties mutually agree to Articles I, II, III, and IV in accordance with this Agreement from the ___ day of ______, 2017 until the 31st day of December, 2019.

ARTICLE I

SPONSOR AGREES: 1. To fund their portion of the PWP program’s required local match of $35,000 with a one-time payment upon delivery of an invoice from WAMPO; 2. To pay a one-time TIP fee to WAMPO of 1.0% of the federal award to cover a portion of the indirect services fee charged to WAMPO by its fiscal agent; 3. That any change order or request for additional services must be submitted through WAMPO to the contracted consultant. If the resulting change order or request for additional services requires additional funding, payment shall be the responsibility of the Sponsor;

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ARTICLE II

WAMPO AGREES: 1. To provide project liaison and project management; 2. To administer awarded Planning Walkable Places funding of $140,000, unless state or federal funding sources withdraw funding; 3. To coordinate and conduct consultant selection process to meet state and federal procurement requirements in the use of federal funds that includes but is not limited to debarment and Disadvantaged Business Enterprise (DBE) requirements; 4. To provide oversight of federal requirements that governs the use of federal funds in connection with the PWP program; and 5. To administer consultant invoicing and reimbursement process per state and federal guidelines.

ARTICLE III

ARTICLE IV

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IN WITNESS WHEREOF: the parties hereto have caused this Agreement to be signed by their authorized officers on the day and year first above written.

Wichita Area Metropolitan Planning Organization City of Wichita, Kan.

Pete Meitzner, Chair Jeff Longwell, Transportation Policy Body Mayor

______

Date: ______Date: ______

Attest:

______Karen Sublett, City Clerk

APPROVED AS TO FORM:

______Jennifer L. Magana City Attorney

- - 3366

Exhibit A PROJECT APPLICATION

- - 4367 PLANNING WALKABLE PLACES CALL FOR PROJECTS

BACKGROUND

DEFINITIONS

Local Match: many federal funding programs require that grant recipients pay some percentage of a project’s cost (in the case of this program, 20 percent)

Preliminary Engineering (not eligible): analysis and design work to produce construction plans and engineering specifications, and specific cost estimates

Public Involvement/Public Process: the process by which an organization consults with interested or affected individuals, organizations, and government entities before making a decision

Project Scope: a description of the work to be performed

RESOURCES

For further information, please check out some of the below Planning Walkable Places Program resources:

Program Document Visual Guide Program Web-Page

Page 1 of 4 368 CALL FOR PROJECTS APPLICATION

One project per application

ORGANIZATION/AGENCY PRIMARY CONTACT PRIMARY CONTACT INFORMATION Name: Name: Phone:

City of Wichita Scott Knebel (316) 268-4456

Address: Title: E-Mail:

271 W. 3rd St. Wichita, KS 67202 Planning Manager [email protected]

ELIGIBILITY

Please select if your project will include (select all that apply):

Preliminary Engineering (defined above) Right of Way Acquisition Utility Relocation Construction Land Surveying

Please select if your project will include (select all that apply):

✔ A clear explanation of how the project will enhance walkability ✔ A public involvement process ✔ A conceptual description of all work to be performed ✔ A reasonably accurate cost estimate

Page 2 of 4 369 PROJECT DESCRIPTION Please describe your proposed project. See the below examples for further insight:

Bad Example: Plan a sidewalk between 183rd and 187th street.

It is important that the modes of available transportation match the character of destinations; otherwise, the character of the development could negatively impact the transportation system and vice versa. Destinations that have a higher mode share for walking, bicycling, or transit require different design considerations than destinations that are served primarily by the personal automobile. The Walkable Development Plan will develop an innovative transportation- oriented strategy to promote walkable development that improves safety, mobility, and livability in the central area of Wichita, the economic heart of the South Central Kansas region. This is consistent with the City of Wichita's recently established goal to develop a multi-modal central area that is walkable, bikeable, and transit-oriented. Wichita's current development standards require suburban-scale, auto-oriented development that results in projects that introduce transportation safety hazards, limit mobility options, and decrease livability. This is exhibited by routine citizen complaints that proposed projects will result in unsafe traffic and destroy the livability of the neighborhood. The Plan will identify current regulatory barriers to walkable development and create a specific walkable development strategy. Robust community engagement will be used to establish an overall vision for multi-modal development in the central area and to identify areas of opportunity for walkable, urban-scale development supported by walking, bicycling, and transit, combining transportation and land use consistent with transit-oriented development (TOD) planning. Design guidelines and zoning code amendments will be developed that encourage a pedestrian-friendly, multi-modal environment. A corresponding strategy will be developed for public investments in walking, bicycling, and transit that serve the identified areas of opportunity. PROJECT COST Please describe the costs associated with your project:

The plan will be developed by a multi-disciplinary consulting team with expertise in urban design and planning, particularly for infill development. The project cost is estimated to be $175,000. The scope of work and consulting fees are estimated as follows:

Visioning - $15,000 Identifying Areas of Opportunity - $15,000 Zoning Code Analysis - $40,000 Online Community Engagement - $40,000 Design Guidelines - $40,000 Public Investment Strategy - $25,000

Page 3 of 4 370 AGREEMENTS

INITIAL It is understood and agreed that any funds awarded may only be used on the project SK described in this application.

This program uses federal funds, which require local matching funds. It is understood and SK agreed that the grant recipient must provide 20 percent of the total project cost. It is understood and agreed that substantial changes made to the project’s scope of work after SK award must be approved by WAMPO, and that expenditures on unapproved activities might not be reimbursed. SK It is understood and agreed that no additional federal funds will be provided for project cost increases after award. It is understood and agreed that the Kansas Department of Transportation’s consultant SK procurement process must be adhered to when choosing a consultant (WAMPO will provide guidance and assistance).

SK This is the official project submission of a WAMPO member jurisdiction

Your signature indicates agreement to all of the above terms and provisions

Scott Knebel

(please sign here)

Application Submission:

Applicants shall submit an electronic copy of their completed project application form no later than June 15, 2017 at 5:00 PM CST to the attention of Jason O’Brien at [email protected].

Please direct any addition questions or requests for information to following:

Jason O’Brien, Senior Planner I 271 W. Third Street, Suite 208 Wichita, KS 67202-1212 Phone: 316-352-4861 Fax: 316-858-7765 E-Mail: [email protected]

Kristen Zimmerman, Senior Planner II Phone: 316-352-4862 E-Mail: [email protected]

Page 4 of 4 371

WICHITA METROPOLITAN AREA PLANNING ORGANIZATION PLANNING WALKABLE PLACES PROGRAM DOWNTOWN STREETS CONCEPTUAL DESIGN

AGREEMENT

PARTIES: City of Wichita, KS, hereinafter referred to as the “Sponsor”

Wichita Area Metropolitan Planning Organization, hereinafter referred to as “WAMPO”

EFFECTIVE The parties mutually agree to Articles I, II, III, and IV in accordance with this Agreement from the ___ day of ______, 2017 until the 31st day of December, 2019.

ARTICLE I

SPONSOR AGREES: 1. To fund their portion of the PWP program’s required local match of $70,000 with a one-time payment upon delivery of an invoice from WAMPO; 2. To pay a one-time TIP fee to WAMPO of 1.0% of the federal award to cover a portion of the indirect services fee charged to WAMPO by its fiscal agent; 3. That any change order or request for additional services must be submitted through WAMPO to the contracted consultant. If the resulting change order or request for additional services requires additional funding, payment shall be the responsibility of the Sponsor; 4. To pay for any ineligible expense that is incurred on this project that is not reimbursed to

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ARTICLE II

WAMPO AGREES: 1. To provide project liaison and project management; 2. To administer awarded Planning Walkable Places funding of $280,000, unless state or federal funding sources withdraw funding; 3. To coordinate and conduct consultant selection process to meet state and federal procurement requirements in the use of federal funds that includes but is not limited to debarment and Disadvantaged Business Enterprise (DBE) requirements; 4. To provide oversight of federal requirements that governs the use of federal funds in connection with the PWP program; and 5. To administer consultant invoicing and reimbursement process per state and federal guidelines.

ARTICLE III

ARTICLE IV

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IN WITNESS WHEREOF: the parties hereto have caused this Agreement to be signed by their authorized officers on the day and year first above written.

Wichita Area Metropolitan Planning Organization City of Wichita, Kan.

Pete Meitzner, Chair Jeff Longwell Transportation Policy Body Mayor

______

Date: ______Date: ______

Attest:

______Karen Sublett, City Clerk

APPROVED AS TO FORM:

______Jennifer L. Magana City Attorney

- - 3374

Exhibit A PROJECT APPLICATION

- - 4375 PLANNING WALKABLE PLACES CALL FOR PROJECTS

BACKGROUND

DEFINITIONS

Local Match: many federal funding programs require that grant recipients pay some percentage of a project’s cost (in the case of this program, 20 percent)

Preliminary Engineering (not eligible): analysis and design work to produce construction plans and engineering specifications, and specific cost estimates

Public Involvement/Public Process: the process by which an organization consults with interested or affected individuals, organizations, and government entities before making a decision

Project Scope: a description of the work to be performed

RESOURCES

For further information, please check out some of the below Planning Walkable Places Program resources:

Program Document Visual Guide Program Web-Page

Page 1 of 4 376 CALL FOR PROJECTS APPLICATION

One project per application

ORGANIZATION/AGENCY PRIMARY CONTACT PRIMARY CONTACT INFORMATION Name: Name: Phone:

City of Wichita Scott Wadle 316.352.4855

Address: Title: E-Mail:

455 N. Main Street, 13th Floor Senior Management Analyst [email protected]

ELIGIBILITY

Please select if your project will include (select all that apply):

Preliminary Engineering (defined above) Right of Way Acquisition Utility Relocation Construction Land Surveying

Please select if your project will include (select all that apply):

✔ A clear explanation of how the project will enhance walkability ✔ A public involvement process ✔ A conceptual description of all work to be performed ✔ A reasonably accurate cost estimate

Page 2 of 4 377 PROJECT DESCRIPTION Please describe your proposed project. See the below examples for further insight:

Bad Example: Plan a sidewalk between 183rd and 187th street.

This project will fund a public process to plan and create conceptual designs for streets in downtown Wichita, in order to help facilitate the process of creating safe and convenient streets for multiple modes of transportation – walking, bicycling, transit, motor vehicles, and deliveries. The current street designs result in safety concerns related to high speeds and swerving traffic. The environment is challenging for walking, bicycling and transit – which has adversely impacted the amount of these activities and livability.

This project will result in conceptual designs for multiple priority corridors in downtown, with special focus on conversion of one-way streets to two-way streets. The plans would include all of the public right-of-way, providing guidance for sidewalks, bikeways, parking, travel, turn lanes, transit stops, loading zones – with a special focus on intersections. This will help enhance and bring multi-modal transportation options to a significant number of people and the economic heart of the region.

The project will include the following components: • opportunities for public input and review throughout the process; • a review of community goals; • discussion about best practices for downtown streets with an emphasis on pedestrian safety/convenience. • creation of conceptual designs for interim and incremental improvement; • development of conceptual plans for permanent installations.

PROJECT COST Please describe the costs associated with your project:

The project will cost $350,000, including a 20% local match. The funding will primarily be utilized to hire a consultant to work on the project. A limited amount of funding will be used to help announce the public engagement opportunities and to pay for related expenses like printing of documents.

Page 3 of 4 378 AGREEMENTS

INITIAL It is understood and agreed that any funds awarded may only be used on the project sw described in this application.

sw This is the official project submission of a WAMPO member jurisdiction

Your signature indicates agreement to all of the above terms and provisions

Scott Wadle

(please sign here)

Application Submission:

Applicants shall submit an electronic copy of their completed project application form no later than June 15, 2017 at 5:00 PM CST to the attention of Jason O’Brien at [email protected].

Please direct any addition questions or requests for information to following:

Jason O’Brien, Senior Planner I 271 W. Third Street, Suite 208 Wichita, KS 67202-1212 Phone: 316-352-4861 Fax: 316-858-7765 E-Mail: [email protected]

Kristen Zimmerman, Senior Planner II Phone: 316-352-4862 E-Mail: [email protected]

Page 4 of 4 379 Agenda Item No. II-20

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: Wichita Public Building Commission Dissolution and Transfer of Assets

INITIATED BY: Office of Economic Development

AGENDA: Consent

Recommendation: Approve the Ordinance dissolving the Wichita Public Building Commission, accept the transfer of its assets and authorize the execution of the ordinance and the execution and recording of the Notice of Termination.

Background: The Wichita Public Building Commission, a municipal corporation, was organized in 1965 by the governing body of the City of Wichita. The Commission’s principal function and responsibility is to finance the acquisition of land and construction, reconstruction, equipping and furnishing of building or other facilities of a revenue producing character, including acquisition and installation of equipment for lease to governmental entities. The Wichita Public Building Commission has requested that the City accept the dissolution of the Commission and accept its remaining assets.

Analysis: The Wichita Public Building Commission (WPBC) financed the Finney State Office Building in the early 1990s to consolidate eleven State agencies into one centralized location. The beneficial enity typically has an option to purchase the financed facility once all bonds have been retired. The State, as the beneficiary, chose not to exercise its option to purchase the Finney State Office Building. The WPBC disposed of the building in June, 2017.

The WPBC owns a 75% interest in the State Office Building parking garge condominium association, located at 121 S. Emporia, between Topeka and Emporia on the north side of William Street and the City of Wichita owns 25%. The WPBC also has approximately $1,900,000 in cash. The State Office Building Parking garage condominium association is a partnership between the WPBC and the City of Wichita that constructed the parking garage as part of the State Office Building project. The WPBC has approved the dissolution of the Commission and the transfer of its assets to the City.

Financial Considerations: The City of Wichita will receive all rental income from leases at the parking garage and will be reposnsible for all costs associated with the operation of said garage. Any cash balance from the WPBC and the State Office Building fund will be transferred to the City’s General Fund and shall be designated for specific future uses as determined by the City Council.

Legal Considerations: The Ordinance and Notice of Termination have been approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the City Council approve the Ordinance dissolving the Wichita Public Building Commission, accept the transfer of its assets and authorize the execution of the ordinance and the execution and recording of the Notice of Termination.

Attachments: Ordinance, Notice of Termination

380

(Published in The Wichita Eagle on November 24, 2017)

ORDINANCE NO. 50-614

AN ORDINANCE OF THE CITY OF WICHITA, KANSAS (THE “CITY”), AMENDING SECTION 2.12.630 OF THE CODE OF THE CITY OF WICHITA KANSAS AND REPEALING THE PRIOR VERSION OF SUCH SECTION, AS WELL AS SECTIONS 2.12.620 and 2.12.640 OF SUCH CODE.

WHEREAS, the Wichita Public Building Commission, which is provided for by Sections

2.12.620, 2.12.630 and 2.12.640 of the Code of the City of Wichita, no longer has any active projects or outstanding debt, but holds only limited residual assets from the winding down and partial disposition of the State Office Building project, which it wishes to convey to the City, and;

WHEREAS, the Governing Body of the City now finds it necessary and desirable to dissolve the Wichita Public Building Commission and accept the transfer of its assets.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY

OF WICHITA, KANSAS AS FOLLOWS:

Section 1. Amendment. Section 2.12.630 of the Code of the City of Wichita, Kansas, is hereby amended to read as follows:

Sec. 2.12.630. Wichita Public Building Commission, powers and authority.

Upon dissolution of the commission, title to all property owned by the

commission shall vest in and become property of the city.

Section 2. Repeal. Section 2.12.630 of the Code of the City of Wichita, Kansas, as it previously existed, is hereby repealed and replaced with the amended text set forth in Section 1 above, and Sections 2.12.620 and 2.12.640 of the Code of the City of Wichita, Kansas, providing

381

for the composition and functions of the Wichita Public Building Commission, are hereby repealed.

Section 3. Effective Date. This Ordinance shall take effect and be in full force after its

adoption by the City’s Governing Body and publication once in the official newspaper of the

City.

PASSED by the Governing Body of the City of Wichita, Kansas this 21st day of

November, 2017.

(SEAL) Jeff Longwell, Mayor

ATTEST:

Karen Sublett, City Clerk

APPROVED AS TO FORM:

Jennifer Magaña, Director of Law and City Attorney

382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 SECOND READING ORDINANCES FOR NOVEMBER 7, 2017 (FIRST READ OCTOBER 24, 2017)

a. ORDINANCE NO. 50-605 AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OR DISTRICTS OF CERTAIN LANDS LOCATED IN THE CITY OF WICHITA, KANSAS, UNDER THE AUTHORITY GRANTED BY THE WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE, SECTION V-C, AS ADOPTED BY SECTION 28.04.010, AS AMENDED. Case No. ZON2017-00038

434 Agenda Report No. II-23

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: ZON2017-00030 – Zone Change from TF-3 Two-Family Residential to NR Neighborhood Retail on Property Located at the Southwest Corner of Maple Street and Meridian Avenue at 301 South Meridian Avenue (District IV)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendation: The MAPC recommended approval of the request (11-0).

DAB Recommendation: District Advisory Board IV recommended approval of the request (6-0).

MAPD Staff Recommendation: Metropolitan Area Planning Department staff recommended approval of the request.

Page 1 of 2 435 Background: The applicant requests a zone change from TF-3 Two-Family Residential (TF-3) to NR Neighborhood Retail (NR) on a 1.64 acre site generally located at the southwest corner of Maple Street and Meridian Avenue. The applicant proposes the rezoning to allow mixed uses permitted in the NR zoning district.

Property immediately north of the subject site is zoned LC developed with an automotive service repair shop and TF-3 developed with single-family residences. Located west of the site is MF-29 Multi-family Residential and TF-3 zoned properties developed with single-family residences. East of the site are LC zoned lots developed as a strip center and B Multi-Family Residential (B) developed with garden apartments. South of the site is TF-3 zoned properties developed as single-family residential.

Analysis: On October 5, 2017, the Metropolitan Area Planning Commission (MAPC) placed the application on its consent agenda and recommended approval of the application without comment (11-0). Other than the agent, there was no one present to speak to the request.

District Advisory Board (DAB) IV reviewed the request on October 2, 2017, and recommended approval of the application (6-0). No neighbors were present to speak about the request.

No protest petitions have been received. The request can be approved with a simple majority vote.

Financial Considerations: Approval of this request will not create any financial obligations for the City.

Legal Considerations: The Law Department has reviewed and approved the ordinance as to form.

Recommendation/Actions: It is recommended that the City Council adopt the findings of the MAPC and approve the requested zone change, place the ordinance on first reading, authorize the necessary signatures, and instruct the City Clerk to publish the ordinance after approval on second reading (requires 4 of 7 votes).

Attachments: MAPC minutes, DAB IV memo and ordinance.

Page 2 of 2 436 EXCERPT MINUTES OF OCTOBER 5, 2017, WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING COMMISSION MEETING

Case No. ZON2017-00030 - City Zone Change from TF-3 Two-Family Residential to NR Neighborhood Retail to allow mixed use of former Metro-Meridian High School; generally located at the southwest corner of Maple Street and Meridian Avenue (301 S. Meridian)on property described as:

Even Lots 286 to 308, including the North 20 feet of Lot 310, Phillips (now Richmond) Avenue, Martinson's 5th Addition to Wichita, Kansas; TOGETHER WITH odd Lots 459 to 469, including the North 20 feet of Lot 471, Meridian Avenue, Martinson's 5th Addition to Wichita, Kansas; TOGETHER WITH the West 1/2 of Alley adjacent to even Lots 286 to 308, Phillips (now Richmond) Avenue, Martinson's 5th Addition to Wichita, Kansas; TOGETHER WITH the East 1/2 of Alley adjacent to odd Lots 459 to 469, Meridian Avenue, Martinson's 5th Addition to Wichita, Kansas.

BACKGROUND: The applicant requests a zone change from TF-3 Two-Family Residential (TF-3) to NR Neighborhood Retail (NR) on a 1.64 acre site generally located at the southwest corner of Maple Street and Meridian Avenue. The applicant proposes the rezoning to allow mixed uses permitted in the NR zoning district.

CASE HISTORY: The site was platted as Martinson’s 5th Addition in November 1886. The original school building was constructed in 1924 and classrooms and the gymnasium were built in 2003. BZA2002-31, BZA2002-33 and BZA2002-44 were adjustments made for expanded parking and building setbacks for the 2003 building addition.

ADJACENT ZONING AND LAND USE:

NORTH: LC, TF-3 Automobile Service Center, Single-Family Residences SOUTH: TF-3 Single-Family Residences EAST: LC, B Retail Strip Center, Garden Apartments WEST: MF-29, TF-3 Single-Family Residences

PUBLIC SERVICES: West Maple Avenue is a paved, four-lane arterial street at this location with an 80-foot right-of-way. South Meridian Avenue is a paved, four-lane arterial street at this location with a 70-foot right-of-way. The site has driveway access to South Richmond Avenue and South Meridian Avenue at the south end of the parcel. All public services are available to the site.

CONFORMANCE TO PLANS/POLICIES: The adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as within the Established Central Area. The Future Growth Concept Map identifies the area as “Residential.” The Plan identifies the area as the focus for the Wichita Urban Infill Strategy for developing vacant or underutilized land in existing developed areas.

RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the request be APPROVED. This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Property immediately north of the subject site is zoned LC developed with an automotive service repair shop and TF-3 developed

437 with single-family residences. Located west of the site is MF-29 Multi-family Residential and TF-3 zoned properties developed with single-family residences. East of the site is LC zoned lots developed as a strip center and B Multi-Family Residential (B) developed with garden apartments. South of the site is TF-3 zoned properties that are developed with single-family residences.

2. The suitability of the subject property for the uses to which it has been restricted: The site is currently zoned TF-3 and does not allow for development of multi-family, personal care services, restaurant or retail uses requested by the applicant.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The surrounding land use is a mix of garden apartments, strip retail center and automotive repair. The zone change to NR would provide a buffer area to the surrounding single-family residential use. Screening would be required along the south property line along with some landscaping requirements on Maple Street and Meridian Avenue.

4. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: Approval will provide a wider range of small commercial uses to the area. Denial would presumably represent a loss of economic opportunity to the applicant/property owner.

5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as within the Established Central Area. The Future Growth Concept Map identifies the area as “Residential.” The Plan identifies the area as the focus for the Wichita Urban Infill Strategy for developing vacant or underutilized land in existing developed areas.

Impact of the proposed development on community facilities: All services are in place. Increased demand on community facilities will be minimal based on proposed uses.

MOTION: To approve subject to staff recommendation WARREN moved, B. JOHNSON seconded the motion, and it carried (11-0).

438

INTEROFFICE MEMORANDUM

TO: MAPC Members FROM: Rebecca Fields, Community Services Representative, District IV SUBJECT: ZON2017-00030

DATE: October 6, 2017

On Monday, October 2, 2017, the District IV Advisory Board considered a request for a City Zone Change from TF-3 Two-Family Residential to NR Neighborhood Retail to allow mixed use of former Metro-Meridian High School; generally located at the southwest corner of Maple Street and Meridian Avenue (301 S Meridian).

Scott Knebel, Senior Planner for MAPD, presented this request. There were no questions from the DAB or the public. DAB member Rebecca Robertson made the motion to approve. DAB member Kit Corby gave a 2nd motion, and the motion carried 6-0.

Page 1 of 1

439

OCA 150004 ORDINANCE NO. 50-615

AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OR DISTRICTS OF CERTAIN LANDS LOCATED IN THE CITY OF WICHITA, KANSAS, UNDER THE AUTHORITY GRANTED BY THE WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE, SECTION V-C, AS ADOPTED BY SECTION 28.04.010, AS AMENDED.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

SECTION 1. That having received a recommendation from the Planning Commission, and proper notice having been given and hearing held as provided by law and under authority and subject to the provisions of The Wichita- Sedgwick County Unified Zoning Code, Section V-C, as adopted by Section 28.04.010, as amended, the zoning classification or districts of the lands legally described hereby are changed as follows:

Case No. ZON2017-00030

City zone change from TF-3 Two-Family Residential to NR Neighborhood Retail zoning; described as:

SECTION 2. That upon the taking effect of this ordinance, the above zoning changes shall be entered and shown on the "Official Zoning Map" previously adopted by reference, and said official zoning map is hereby reincorporated as a part of the Wichita -Sedgwick County Unified Zoning Code as amended.

SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper.

______Jeff Longwell, Mayor ATTEST:

______Karen Sublett, City Clerk

(SEAL) Approved as to form: ______Jennifer Magan᷉ a, City Attorney and Director of Law

440Page 1

Agenda Report No. II-24

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: ZON2017-00041 – City Zone Change Request from LC Limited Commercial District and B Multi-Family Residential to GC General Commercial on Property Located on the Southwest Corner of West Douglas Avenue and South West Street, Including Land Extending to South Colorado Street on the West side, 101 South West Street (District IV)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendation: The MAPC recommended approval of the request (10-0) subject to staff’s recommendations.

DAB Recommendation: District Advisory Board (DAB) IV reviewed the application at its meeting of October 2, 2017, and recommended approval, subject to staff’s recommendations, by a 6-0 vote.

MAPD Staff Recommendation: Metropolitan Area Planning Department staff recommended approval of the request, subject to staff’s recommendations of a Protective Overlay.

441 Background: The applicant is requesting a zone change LC Limited Commercial District and B Multi- Family Residential to GC General Commercial on Property Located on the Southwest Corner of West Douglas Avenue and South West Street, Including Land Extending to South Colorado Street on the West side, 101 South West Street.

The applicant is desiring to market the property for further commercial uses. Having all the property in a single zoning classification will aide in that effort. There is similar GC zoning approved earlier this year for the property at the northwest corner of West Douglas Avenue and North West Street, subject to a Protective Overlay (PO-317) which prohibits certain uses that would not be appropriate at the property, prohibits outdoor storage and adds restrictions on lighting and building design. The same Protective Overlay conditions are proposed for this rezoning.

The surrounding neighborhood is a mixture of commercial and residential uses. All of the uses along West Street are commercial, with LC zoning to the south and east. The property at the northwest corner of Douglas Avenue and North West Street is zoned GC, but is vacant except for some paved parking. The property immediately to the south of the lots on the east side of South Colorado Street are zoned B, with the east side of South Colorado Street property zoned TF-3 Two-Family Residential (TF-3). The properties on the west side of South Colorado Street are zoned SF-5 Single-Family Residential (SF-5).

Analysis: On October 5, 2017, the Metropolitan Area Planning Commission (MAPC) recommended approval of the request, subject to staff’s recommendation’s (10-0), subject to the conditions of Protective Overlay District 321 outlined in the attached ordinance. Other than the agent, no members of the public spoke at the MAPC hearing. The minutes of the MAPC hearing are attached.

The District Advisory Board (DAB) IV reviewed the application at its meeting of October 2, 2017, and recommended approval, subject to staff’s recommendations, by a 6-0 vote, subject to the staff’s recommendation of the Protective Overlay (PO-321).

No protest petitions were submitted concerning the rezoning. The request can be approved with a simple majority vote.

Financial Considerations: Approval of this request will not create any financial obligations for the City.

Legal Considerations: The Law Department has reviewed and approved the ordinance as to form.

Recommendation/Actions: It is recommended that the City Council adopt the findings of the MAPC and approve the requested zone change subject to the conditions of Protective Overlay District #321, place the ordinance on first reading, authorize the necessary signatures, and instruct the City Clerk to publish the ordinance after approval on second reading (requires four of seven votes).

Attachments: MAPC minutes DAB IV Report Ordinance

442 EXCERPT MINUTES OF OCTOBER 5, 2017, WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING COMMISSION MEETING

Case No. ZON2017-00041- City Zone Change from B Multi-Family and LC Limited Commercial to GC General Commercial generally located between South West Street and South Colorado Street, extending approximately 80 feet south from West Douglas Avenue (101 South West Street), on property described as: Lots 18 and 19, except the East 10 feet thereof; All of Lot 20; and the North 20 feet of Lot 21, all in Block 1, Westborough 2nd Addition, Wichita, Sedgwick County, Kansas. BACKGROUND: The applicant acquired the subject property in the spring of 2015. According to the agent, the property had some restrictions from old Restrictive Covenants which have been removed following court action and now wishes to place a single zoning classification on the property in marketing the land for redevelopment. The 0.75-acre property carries two zoning classifications. The land fronting West Street is presently zoned LC Limited Commercial (LC) and has an existing commercial structure used as a tire and wheel business. The property that faces Colorado Street is zoned B Multi-Family Residential (B). The zone change to GC General Commercial (GC) is requested to minimize financing issues because of the multiple zoning classification and enhance the marketability of the properties for redevelopment. As shown on an aerial photo, the property is mostly used as paved parking for the commercial business at 101 South West Street. There is no specific development plan submitted regarding future uses or other redevelopment ideas. The surrounding neighborhood is a mixture of commercial and residential uses. All of the uses along West Street are commercial, with LC zoning to the south and east. The property at the northwest corner of Douglas Avenue and West Street is zoned GC, but is vacant except for some paved parking. The property immediately to the south of the lots on the east side of Colorado Street are zoned B, with the east side of Colorado Street property zoned TF-3 Two-Family Residential (TF-3). The properties on the west side of Colorado Street are zoned SF-5 Single-Family Residential (SF-5). The property to the north was included in a rezoning earlier this year (ZON2017-00003), which approved GC General Commercial zoning with a Protective Overlay (PO). The terms of that Protective Overlay are recommended for a Protective Overlay for this property as well. As stated in the Ordinance that granted zoning change for the property to the north, the Protective Overlay is recommended to read as follows: Subject to the following Protective Overlay:

1. Uses shall be limited to those allowed by right in the GC zoning district, EXCEPT: Nightclubs in the City, Entertainment Establishments, Correctional Facilities, Correctional Placement Residence, Animal Care, General; Kennels, RV Campground, Sexual Oriented Businesses, and Tavern or Drinking Establishments, car wash, service station, vehicle repair, general and any industrial, manufacturing, general or extractive use listed in the Use Regulations of Section III-D. 2. No outdoor storage is permitted. 3. All parking lot lights shall be shielded and directed downward. 4. Signage shall be per the sign code for the LC, Limited Commercial zoning district. 5. Buildings shall be constructed using earth tone colors. 6. Landscape and screening shall be per the landscape ordinance. 7. Maximum building height is 35 feet. 8. Maximum building coverage shall be no more than 35 percent.

443

Manufacturing, Limited shall be regulated by the following additional restrictions: 1. The gross Floor Area of any building housing a Limited Manufacturing Use shall not exceed one square foot of floor Area to three square feet of lot Area. 2. The minimum Setback of any building from the north and west property lines shall be 30 feet. 3. No outside storage shall be permitted. 4. The maximum number of employees with a limited manufacturing use on any one shift shall not exceed 15. 5. No welding or machine shop use shall be permitted unless the entire frontage of the ground floor along the principal street frontage is used for office space, display or wholesale or retail.

CASE HISTORY: The site is Lots 18, 19, 20 and the north 20 feet of 21 in Block 1 of the Westborough 2nd Addition to Wichita, less the land taken for street purposes on the east side, which was approved and recorded in 1938. Other than the platting of the property, there is no other previous zoning activity on this parcel. ADJACENT ZONING AND LAND USE: NORTH: GC commercial SOUTH: LC commercial EAST: LC commercial WEST: SF-5 residential

PUBLIC SERVICES: West Douglas Avenue and South West Street are fully improved commercial arterial streets. The site is served by all municipal and private utilities and services. CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the area in which the site is located as appropriate for New Employment and Residential and Employment Mix. The site is in the Established Central Area (ECA), where infill development and higher density is encouraged. A commercial development of the site would provide greater tax base and employment opportunities. RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends approval of the request, subject to the creation of the Protective Overlay described in the Background Section above. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The surrounding neighborhood is a mixture of commercial and residential uses. The properties located west of the property are zoned SF-5 and are improved with single-family homes. East and south of the site is an area zoned LC. There is also some property zoned B which is used residentially. The property to the north is zoned GC and is presently vacant. 2. The suitability of the subject property for the uses to which it has been restricted: The property is suited for development with the LC zoning district. However, the proposed GC district would allow a greater variety of permitted uses. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The proposed GC zoning would have no more significant impact than development with the existing LC zoning. The proposed Protective Overlay will provide restrictions on the site that will help mitigate adverse impact on nearby property. 4. Length of time the property has been vacant as currently zoned: The property has been underutilized because of the mixed zoning classifications and this change will assist in the future marketing and redevelopment of the property.

Page 2 of 3

444

5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the area in which the site is located as appropriate for New Employment and Residential and Employment Mix. The site is in the Established Central Area (ECA), where infill development and higher density is encouraged. A commercial development of the site would provide greater tax base and employment opportunities. 6. Impact of the proposed development on community facilities: Development of the property would not have any impact on community facilities or resources. All public improvements are available to serve the property. DAVE YEAROUT, Planning Staff presents the Staff Report.

FOSTER mentions condition number three that references the parking lot lights that say the lights will be shielded downward, and comments that downward does not keep it from encroaching on adjacent residential properties. He suggest to expand the language to say that there would be a cutoff shield, a common term for lighting to keep it from encroaching on residential properties. He refers to condition number five that refers to using earth tone colors and asks if there is enough concern that staff needs to study the architectural character.

YEAROUT replies that it was taken from the protective overlay granted to the property to the north.

KNEBEL said what is being requested is a standard requirement of the code. He adds that the code does not require that the lighting be pointed downwards, the lighting cut off can be accomplish at the property line as required by the code with a light that is angled and they have to be downward fixtures.

BLICK recalls the different zoning in the area.

YEAROUT replies, correct.

PATRICK HUGHES, 1635 N. WATERFRONT, WICHITA, KS, ON BEHALF OF THE APPLICANT, said that the applicant acquired the properties in 2015. He explains that the property has been owned in common with the corner parcel currently zoned LC. He said it has been used for a variety of commercial uses in the corner and the lot in question a multi-family parcel has always been used as a parking lot. He said the applicant had difficulty with the lender when he acquired the property because of the split zoning and even though it is a non-comforting use, they want to get the property into compliance with the zoning code. He also adds that it will maximize the potential of the property for re development. He said they are requesting the rezone to have the entire parcel zoned in the same zoning classification to maximize the utility of the parcel. B. JOHNSON asked if the applicant is in agreement with with staff comments.

HUGHES responded, yes.

MOTION: To approve subject to staff recommendation GREENE moved, BLICK seconded the motion, and it carried (10-0).

Page 3 of 3

445

INTEROFFICE MEMORANDUM

TO: MAPC Members FROM: Rebecca Fields, Community Services Representative, District IV SUBJECT: ZON2017-00041

DATE: October 6, 2017

On Monday, October 2, 2017, the District IV Advisory Board considered a request for a City Zone Change from B Multi-Family and LC Limited Commercial to GC General Commercial generally located between South West Street and South Colorado Street, extending approximately 80 feet south from West Douglas Avenue (101 South West Street).

Scott Knebel, Senior Planner for MAPD, presented this request. There were no questions from the DAB or the public. DAB member Kit Corby made the motion to approve. DAB member Michael Gomm gave a 2nd motion, and the motion carried 6-0.

Page 1 of 1

446

OCA 150004 (Published in the Wichita Eagle, November 24, 2017)

ORDINANCE NO. 50-616

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

Case No. ZON2017-00041

City zone change from LC Limited Commercial District and B Multi-Family Residential District to GC General Commercial District described as:

Lots 18 and 19, except the East 10 feet thereof; all of Lot 20 and the north 20 feet of Lot 21; all in Block 1 of Westborough 2nd Addition, Wichita, Sedgwick County, Kansas.

Subject to the following Protective Overlay (PO-321):

1. Uses shall be limited to those allowed by right in the GC zoning district, EXCEPT: Nightclubs in the City, Entertainment Establishments, Correctional Facilities, Correctional Placement Residence, Animal Care, General; Kennels, RV Campground, Sexual Oriented Businesses, and Tavern or Drinking Establishments, car wash, service station, vehicle repair, general and any industrial, manufacturing, general or extractive use listed in the Use Regulations of Section III-D 2. No outdoor storage is permitted. 3. All parking lot lights shall be shielded and directed downward. 4. Signage shall be per the sign code for the LC, Limited Commercial zoning district. 5. Buildings shall be constructed using earth tone colors. 6. Landscape and screening shall be per the landscape ordinance. 7. Maximum building height is 35 feet. 8. Maximum building coverage shall be no more than 35 percent.

447Page 1

SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper.

______Jeff Longwell, Mayor ATTEST:

______Karen Sublett, City Clerk

(SEAL) Approved as to form: ______Jennifer Magan᷉ a, City Attorney and Director of Law

448Page 2

Agenda Report No. II-25

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: ZON2017-00044 – Zone Change from SF-5 Single-Family Residential to TF-3 Two-Family Residential in Kelly 6th Addition; Generally Located at the End of South Lark Court on the East Side of South Lark Lane Approximately One-third Mile South of West Kellogg Drive (District IV)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendation: The MAPC recommended approval of the request (11-0) subject to staff recommendations.

DAB Recommendation: District Advisory Board (DAB) IV reviewed the application at its meeting of October 2, 2017, and recommended approval by a 6-0 vote.

MAPD Staff Recommendation: Metropolitan Area Planning Department staff recommended approval of the request.

449 Background: The application was filed to rezone the subject property from SF-5 Single-Family Residential (SF-5) to TF-3 Two-Family Residential (TF-3). The subject property is located at the end of South Lark Court on the east side of South Lark Lane, approximately one-third of a mile south of West Kellogg Drive. With the request, the applicant would like to rezone the property to a TF-3 district and construct new two-family dwelling units.

Properties surrounding the subject site area are zoned SF-5. North, south, east, and west of the site are single-family homes zoned SF-5.

Analysis: On October 5, 2017, the Metropolitan Area Planning Commission (MAPC) recommended approval of the request (11-0). No members of the public spoke at the MAPC hearing. The minutes of the MAPC hearing are attached.

The District Advisory Board (DAB) IV reviewed the application at its meeting of October 2, 2017, and recommended approval by a 6-0 vote. The DAB IV report is attached.

No protest petitions were submitted concerning the rezoning. The request can be approved with a simple majority vote.

Financial Considerations: Approval of this request will not create any financial obligations for the City.

Legal Considerations: The Law Department has reviewed and approved the ordinance as to form.

Attachments: MAPC minutes DAB IV Report Ordinance

450 EXCERPT MINUTES OF OCTOBER 5, 2017, WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING COMMISSION MEETING

Case No. ZON2017-00044 – City Zone Change from SF-5 Single-Family to TF-3 Two-Family residential in Kelly 6th Addition; generally located South of Kellogg and West of Maize Road at the end of Lark Court on the east side of Lark Lane on property described as: Lots 2, 3 and 4, Block A, Steve Kelley 6th Addition, Wichita, Sedgwick County, Kansas. BACKGROUND: The application was filed to rezone the subject property from SF-5 Single-Family Residential (SF-5) to TF-3 Two-Family Residential (TF-3). The subject property is located at the end of South Lark Court on the east side of South Lark Lane, approximately one-third of a mile south of West Kellogg Drive. With the request, the applicant would like to rezone the property to a TF-3 district and construct new two-family dwelling units. The existing parcel is 0.98 acres, contains three lots, and is vacant. Following rezoning, the applicant intends to build one two-family home on each of the three lots, for a total of six dwelling units. Each of the three lots meet the TF-3 minimum lot size of 3,000 square feet per dwelling unit and would be subject to all applicable setback requirements. There are several examples of TF-3 zoning within a half-mile of the subject property. To the northeast, there are 41 lots with TF-3 zoning along West Merton Street and West Merton Court. To the south, there are 38 lots with TF-3 zoning along West Grant Street. Properties surrounding the subject site area are zoned SF-5. North, south, east, and west of the site are single-family homes zoned SF-5. CASE HISTORY: The parcel was platted as three lots in 2010 and each of the lots have remained vacant since that date. ADJACENT ZONING AND LAND USE: North: SF-5 single-family residences South: SF-5 single-family residences East: SF-5 single-family residences West: SF-5 single-family residences PUBLIC SERVICES: South Lark Court is a paved local street. All municipal services are available or can be extended to the site. CONFORMANCE TO PLANS/POLICIES: The Community Investment Plan depicts the subject site as appropriate for “residential uses.” The residential use category encompasses areas that reflect the full diversity of residential development densities and types found in a large urban municipality. RECOMMENDATION: Based upon the information available at the time the staff report was prepared, it is recommended the application be approved. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: Properties surrounding the subject site area are zoned SF-5. North, south, east, and west of the site are single-family homes zoned SF-5. 2. The suitability of the subject property for the uses to which it has been restricted: The site is currently zoned SF-5, which primarily allows single-family residences. The lot being considered for rezoning could be improved with new single family homes with the existing zoning. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of TF-3 zoning would allow two-family homes to be constructed on the property. There are several

451 examples of TF-3 zoning within a half-mile of the subject property. To the northeast, there are 41 lots with TF-3 zoning along West Merton Street and West Merton Court. To the south, there are 38 lots with TF-3 zoning along West Grant Street. The requested TF-3 zoning would enable a limited number of new two-family homes and approval of the request should not detrimentally impact nearby property owners. 4. Length of time the property has remained vacant as currently zoned: The property is currently vacant and has not developed with single-family homes under the current zoning district. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Community Investment Plan depicts the subject site as appropriate for “residential uses.” The residential use category encompasses areas that reflect the full diversity of residential development densities and types found in a large urban municipality and does not distinguish between single-family and two-family homes. 6. Impact of the proposed development on community facilities: Existing municipal facilities are in place or can be extended to serve the application area.

MOTION: To approve subject to staff recommendation WARREN moved, B. JOHNSON seconded the motion, and it carried (11-0).

452

INTEROFFICE MEMORANDUM

TO: MAPC Members FROM: Rebecca Fields, Community Services Representative, District IV SUBJECT: ZON2017-00044

DATE: October 6, 2017

On Monday, October 2, 2017, the District IV Advisory Board considered a request for a City Zone Change from SF-5 Single-Family to TF-3 Two-Family residential in Kelly 6th Addition; generally located at the end of the S. Lark Ct. cul-de-sac on the east side of S. Lark approximately one-third mile south of W. Kellogg Drive. Mr. Knebel, Senior Planner for MAPD presented the case and explained that there would be 3 twin homes (duplexes) built on the 3 existing and platted lots on this cul-de-sac, and that each residence would have a double garage with a double driveway which was more than required. Russ Ewy, agent for the applicant, was on hand to answer questions.

Jeff Dumcum, living at 1843 Stoney Point (the property directly behind the three lots), asked if there were any fencing requirements and also stated that the staff who works at the group home (owned by Starkey Inc.) at 1830 S Lark uses this cul-de-sac for parking. Mr. Dumcum was worried about this. It was reiterated that each residence (2 at each structure) would have their own double garage and their own double driveway. Fencing was unknown at this time, but could certainly be installed as allowed. Mr. Dumcum had no further questions. At this time Stephanie Hartman made a motion to approve and Rebecca Robertson made a 2nd motion. The motion carried 6/0.

Page 1 of 1

453

OCA 150004 (Published in the Wichita Eagle, November 24, 2017)

ORDINANCE NO. 50-617

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

Case No. ZON2017-00044

City zone change from SF-5 Single-Family Residential to TF-3 Two-Family Residential on property generally located south of Kellogg and west of Maize Road, described as:

Lots 2, 3, and 4, Block A, Steve Kelly 6th Addition, Wichita, Sedgwick County, Kansas.

SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper.

______Jeff Longwell, Mayor ATTEST:

______Karen Sublett, City Clerk

(SEAL) Approved as to form: ______Jennifer Magan᷉ a, City Attorney and Director of Law

454 Agenda Report No. II-26

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: ZON2017-00045 – Zone Change from SF-5 Single-Family Residential to LC Limited Commercial on Property Located 900 Feet South of West Central Avenue on the West Side of at the Southwest Corner of Maple Street and Meridian Avenue at 541 North Tyler Road (District V)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendation: The MAPC recommended approval of the request (11-0).

DAB Recommendation: District Advisory Board V recommended approval of the request (6-0-1).

MAPD Staff Recommendation: Metropolitan Area Planning Department staff recommended approval of the request.

Page 1 of 2 455 Background: The applicants request LC Limited Commercial zoning on 0.41 unplatted acre tract located approximately 900 feet south of West Central Avenue on the west side of North Tyler Road. The subject site is currently zoned SF-5 Single-Family Residential (SF-5), and is developed with a single family residence.

The surrounding area is characterized by commercial and multi-family residential uses all zoned LC. The subject property is one of three tracts of land that remain zoned SF-5 surrounded by LC zoning.

The two properties north of the site are zoned SF-5. Properties to the west and south of the site are zoned LC and are contained in the Westlink Center Community Unit Plan DP-9 approved in July 1980 to allow commercial retail development and multi-family housing. The properties east of the site are zoned LC and are developed with limited commercial uses and are located in the Ty-Cen Addition Community Unit Plan DP-90 approved in 1986.

District Advisory Board (DAB) V reviewed the request on October 2, 2017, and recommended approval of the application (6-0-1). No neighbors were present to speak about the request.

No protest petitions have been received. The request can be approved with a simple majority vote.

Financial Considerations: Approval of this request will not create any financial obligations for the City.

Legal Considerations: The Law Department has reviewed and approved the ordinance as to form.

Attachments: MAPC minutes, DAB V memo and ordinance.

Page 2 of 2 456 EXCERPT MINUTES OF OCTOBER 5, 2017, WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING COMMISSION MEETING

Case No. ZON2017-00045 – City Zone Change from SF-5 Single-Family Residential to LC Limited Commercial; generally located on the west side of N. Tyler Road between W. Central and W. 2nd Street (535 N. Tyler Road) on property described as: A tract beginning 972.45 feet south of the Northeast corner of the Northeast Quarter of Section 20, Township 27 South, Range 1 West of the Sixth Principal Meridian, Sedgwick County, Kansas, thence west 230 feet; thence south 94.7 feet; thence east 230 feet; thence north to the point of beginning. BACKGROUND: The applicants request LC Limited Commercial zoning on 0.41 unplatted acre tract located approximately 900 feet south of West Central Avenue on the west side of North Tyler Road. The subject site is currently zoned SF-5 Single-Family Residential (SF-5), and is developed with a single family residence. The surrounding area is characterized by commercial and multi-family residential uses all zoned LC. The subject property is one of three tracts of land that remain zoned SF-5 surrounded by LC zoning. The two properties north of the site are zoned SF-5. Properties to the west and south of the site are zoned LC and are contained in the Westlink Center Community Unit Plan DP-9 approved in July 1980 to allow commercial retail development and multi-family housing. The properties east of the site are zoned LC and are developed with limited commercial uses and are located in the Ty-Cen Addition Community Unit Plan DP-90 approved in 1986. CASE HISTORY: ZON2006-09 was approved by MAPC on April 6, 2006 and by Wichita City Council on May 9, 2006 subject to platting. SUB2006-32 for Mosher’s Seamhas Addition was filed but did not complete the platting requirement and both the zone case and subdivision plat were declared null and void in May 2009. ADJACENT ZONING AND LAND USE: North: SF-5 Single-family residence South: LC CUP DP-9 Retail commercial uses East: LC CUP DP-90 Retail commercial uses West: LC CUP DP-9 Multi-family residential PUBLIC SERVICES: The site has access to Tyler Road, a four-lane arterial Street with a traffic count of approximately 21,643 vehicles per day (2015 count). Public water main (16 ft. diameter), sewer line (8 ft. diameter) and stormwater (25 ft. inside) serve the property. CONFORMANCE TO PLANS/POLICIES: The adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as being located within the Wichita City Limit. The Plan’s 2035 Wichita Future Growth Concept Map identifies this location as “residential” encompassing areas that likely will be developed or redeveloped by 2035 with predominantly residential uses and pockets of commercial and institutional uses based on market-driven location factors. The proposed rezoning is appropriate due to the proximity of higher intensity business uses and high density multi-family residential housing types within this area. RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the request be APPROVED with the condition that cross-lot access be required should the property immediately north of the subject site be developed for non-residential uses. This recommendation is based on the following findings:

457

1. The zoning, uses and character of the neighborhood: The properties surrounding the subject site are zoned LC permit a very wide range of land uses: residential, retail, office, personal service, and commercial. 2. The suitability of the subject property for the uses to which it has been restricted: The property is zoned SF-5 which permits single family residential. The site has minimal economic value as currently zoned. Approval of LC zoning would make the site attractive to limited commercial uses that predominantly surround the subject site. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of the request should have little if any impact nearby property owners. 4. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: Approval will make the property more marketable with a wider range of possible uses. Denial would represent a loss of economic opportunity to the applicant or property owner. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as being located within the Wichita City Limit. The Plan’s 2035 Wichita Future Growth Concept Map identifies this location as “residential” encompassing areas that likely will be developed or redeveloped by 2035 with predominantly residential uses and pockets of commercial and institutional uses based on market-driven location factors. The proposed rezoning is appropriate due to the proximity of higher intensity business uses and high density multi-family residential housing types within this area. 6. Impact of the proposed development on community facilities: Approval of the request should generate no additional impacts on community facilities. Existing public infrastructure at the site will accommodate uses under the proposed LC zoning.

MOTION: To approve subject to staff recommendation WARREN moved, B. JOHNSON seconded the motion, and it carried (11-0).

458

INTEROFFICE MEMORANDUM

TO: MAPC FROM: Laura Rainwater SUBJECT: ZON2017-00045 DATE: October 3, 2017

On Monday, October 2, 2017, the District V Advisory Board considered a request by Robert and Jo Skidmore/Baughman Company, P.A., Russ Ewy (Agent), for a City Zone Change from SF-5 Single- Family Residential to LC Limited Commercial on property generally located on the west side of Tyler Road between 2nd Street and Central Avenue (535 N. Tyler Road).

Phil Meyer, Baughman Company, P.A. (Agent for the applicant) was present at the meeting. There were no protests filed and no adjacent property owners were present at the meeting.

After staff presentation by Kathy Morgan, Senior Planner, MAPD, DAB members had no questions or concerns.

Action Taken: Motion made by Troy Palmer to approve the staff recommendation to APPROVE the application. Seconded by Ben Kittrell.

MOTION PASSED 6-0-1 (abstention due to conflict of interest).

Respectfully submitted,

Laura Rainwater, Community Services Representative – District V

459

OCA 150004 ORDINANCE NO. 50-618

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

Case No. ZON2017-00045

City zone change from LC Limited Commercial to CBD Central Business zoning; described as:

A tract beginning 972.45 feet south of the Northeast corner of the Northeast Quarter of Section 20, Township 27 South, Range 1 West of the Sixth Principal Meridian, Sedgwick County, Kansas, thence west 230 feet; thence south 94.7 feet; thence east 230 feet; thence north to the point of beginning; generally located south of West Central Avenue and west of Tyler Road (541 N. Tyler Road.)

SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper.

______Jeff Longwell, Mayor ATTEST:

______Karen Sublett, City Clerk

(SEAL) Approved as to form: ______Jennifer Magan᷉ a, City Attorney and Director of Law

460Page 1

Agenda Report No. II-27

City of Wichita City Council Meeting November 7, 2017

TO: Mayor and City Council

SUBJECT: ZON2017-00046 and CUP2017-00043 – Zone change to LC Limited Commercial and GC General Commercial and Creation of the Steeple Bay Community Unit Plan CUP DP-345 on Property Generally Located North of West MacArthur Road and East of South Seneca Street (District III)

INITIATED BY: Metropolitan Area Planning Department

AGENDA: Planning (Consent)

MAPC Recommendation: The MAPC voted (10-0) to recommend approval of the request subject to staff recommended conditions.

DAB Recommendation: District Advisory Board III voted (9-0-1) to recommend approval of the request subject to staff recommended conditions plus an additional condition to restrict truck traffic from travelling north from the development along South Gold Street.

MAPD Staff Recommendation: Metropolitan Area Planning Department staff recommended approval of the request subject to conditions.

461 ZON2017-00046 and CUP2017-00043 (District III) November 7, 2017 Page 2

Background: The applicant is seeking LC Limited Commercial and GC General Commercial zoning on a total of 80.9 acres zoned SF-5 Single-Family Residential, MH Manufactured Housing, and OW Office Warehouse, subject to the development standards contained in the proposed Steeple Bay Community Unit Plan CUP DP-343 (attached). The Unified Zoning Code (UZC) requires a CUP for GC sites of six (6) acres or more that are held under unified control at the time of initial approval. A CUP is intended to provide well planned and well organized residential, commercial and mixed development.

The CUP is proposed to be developed with a variety of commercial uses typically found along a freeway frontage, including convenience store; retail; restaurant; night club; hotel; recreation and entertainment; recreational vehicle campground; and vehicle and equipment sales. Additionally, the CUP is proposed to be developed with employment-based businesses, including office; manufacturing; research services; warehousing; welding or machine shop; and wholesale or business services. Residential uses such as multi-family also are permitted; however, the existing manufactured home park on the site will become a non-conforming use if the application is approved. The applicant indicates that the intention is to relocate the existing manufactured homes upon approval of the application.

The site is generally located north of West MacArthur Road and east of South Seneca Street, near the interchanges of both arterial streets with I-235. The site is primarily developed with a manufactured home park, although the site is also developed with a restaurant, vehicle repair shop, and several single- family residences. The properties north of the site across I-235 are zoned SF-5 and are developed with schools and related athletic stadiums and facilities. The properties to the south across MacArthur Road are SF-5 and MF-29 Multi-Family Residential and are developed with single-family and multi-family residential uses. The property to the east across Gold Street is zoned LI Limited Industrial and is developed with a freight terminal. The properties to the west across Seneca Street are zoned LC and GC and are developed with a variety of uses such as manufactured home sales, warehousing, office, restaurant, night club, multi-family residential, and electrical substation. Additionally, over 90 acres of industrial zoning exists southwest of the site near the intersection of MacArthur Road and Seneca Street that is developing with a mixture of warehousing, manufacturing, and utility uses.

Analysis: On October 4, 2017, District Advisory Board (DAB) III voted (9-0-1) to recommend approval of the request subject to staff recommended conditions plus an additional condition to restrict truck traffic from traveling north from the development along South Gold Street as outlined in the attached DAB III Report. On October 6, 2017, the Metropolitan Area Planning Commission (MAPC) voted (10-0) to recommend approval of the request subject to staff recommended conditions as outlined in the attached MAPC Minutes. The MAPC chose not to recommend the restriction on truck traffic on South Gold Street as it was determined that this issue would be addressed by the required traffic study. No citizens spoke at the public hearing. No protests were submitted against this request.

Financial Considerations: Approval of this request will not create any financial obligations for the City.

Legal Considerations: The Law Department has reviewed and approved the ordinance as to form.

Recommendation/Actions: It is recommended that the City Council adopt the findings of the MAPC, approve the zone change and the Steeple Bay Community Unit Plan CUP DP-345, place the ordinance on first reading, authorize the necessary signatures and instruct the City Clerk to publish the ordinance after approval on second reading (four of seven votes required).

Attachments: DP-345 DAB III Report MAPC Minutes Ordinance

462 EXCERPT MINUTES OF OCTOBER 5, 2017, WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING COMMISSION MEETING

Case No. ZON2017-00046 and CUP2017-00043 – City Zone Change from MH Manufactured Housing, OW Office Warehouse, and SF-5 Single Family Residential to LC Limited Commercial and GC General Commercial with a Steeple Bay Commercial Community Unit Plan CUP2017-00043, generally located north of W. MacArthur Rd. and east of S. Seneca St. (770 W. MacArthur), on property described as: A contiguous tract of land lying within: Lots 1 and 2, Beevers Addition, Wichita, Sedgwick County, Kansas, TOGETHER WITH, Lot 1, Block A, Lots 4 and 5, Block B, and Exchange Place, Halford Homesites Addition, Wichita, Sedgwick County, Kansas, TOGETHER WITH, Lots 1, 2, 3, and 4, Don Addition, Wichita, Sedgwick County, Kansas, TOGETHER WITH Lot 1, Block A, all of Exchange Place, and a portion of a 10 foot Drainage Dedication, said portion lying north of and perpendicular to a point along the west line of said Lot 1, said point being 329.03 feet south of the northwest corner of said Lot 1, all platted within Pacesetter Addition, Wichita, Sedgwick County, Kansas, TOGETHER WITH, Lot 1, except that portion taken for highway in Case No. 96C3482, and Lot 2, Burnworth-Sampson Addition to Wichita, Kansas, TOGETHER WITH, Lot 3, Thompsons Acres, Sedgwick County, Kansas, TOGETHER WITH, Lot 1, and all of the drainage right-of-way, platted within Jerry Elliott Addition, Wichita, Kansas, TOGETHER WITH, Lot 1, and all of the drainage right-of-way, platted within Willie Mae Addition, Wichita, Kansas, TOGETHER WITH, A portion of the Riverside Drainage District Right-of-Way in Case No. 72947, lying within the Southwest Quarter, Section 8, Township 28 South, Range 1 East of the 6th Principal Meridian, Sedgwick County, Kansas, said portion being that part adjoining and abutting the following tracts of land: The east line of said Lot 1, Willie Mae Addition; the east line of said Lot 1, Jerry Elliott Addition, the west line of said Pacesetter Addition, and the west line of said Brunsworth Sampson Addition.

Said contiguous tract of land being more particularly described as follows: BEGINNING at the southeast corner of said Lot 1, Beevers Addition; thence along the south line of said Lots 1 and 2, Beevers Addition, being coincident with the north right-of-way line of MacArthur Road on a Kansas coordinate system of 1983 south zone bearing of S88°50'19"W, 161.03 feet to the southwest corner of said Lot 2, Beevers Addition, being coincident with a point on the east line of said Lot 1, Block A,

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463 Halford Homesites Addition; thence continuing along the said north right-of-way line for the next two courses and along said east line, S01°31'11"E, 10.00 feet to the southeast corner of said Lot 1, Block A, Halford Homesites Addition; thence along the south line of said Halford Homesites Addition, said Don Addition, and said Lot 1, Block A, Pacesetter Addition, S88°50'19"W, 1155.58 feet; thence along the westerly line of said Lot 1, Block A, Pacesetter Addition, N01°12'19"W, 455.01 feet; thence along the extended southerly line of said Lot 1, Block A, Pacesetter Addition, S88°52'27"W, 704.98 feet; thence N27°01'37"W, 163.67 feet; thence S62°58'23"W, 158.17 feet to the southeast corner of said Lot 3, Thompsons Acres; thence along the south line of said Lot 3, Thompsons Acres, S88°50'19"W, 268.42 feet to the southwest corner of said Lot 3, Thompsons Acres, also being a point on the east right-of-way line of Seneca Street; thence along said east right-of-way line for the next three courses, and along the west line of said Lot 3, Thompsons Acres, N01°59'09"W, 100.00 feet to the northwest corner of said Lot 3, Thompsons Acres; thence along the north line of said Lot 3, Thompsons Acres, N88°50'19"E, 10.00 feet to the southwest corner of said Lot 1, Jerry Elliott Addition; thence along the extended west line of said Lot 1, Jerry Elliott Addition and said Lot 1, Willie Mae Addition, N01°59'09"W, 688.63 feet; thence N88°00'51"E, 50.00 feet to a point on the west line of said Lot 1, Burnworth-Sampson Addition, being coincident with said east right-of-way line of Seneca Street; thence along said west line and east right-of- way line, N01°59'09"W, 347.01 feet to a point on a south right-of-way line of Interstate 235 established by Condemnation Case No. 96C3482; thence along said south right-of-way line for the next four courses, N80°14'56"E, 217.24 feet; thence N84°25'40"E, 165.06 feet; thence N84°25'39"E, 389.38 feet; thence S88°19'08"E, 626.31 feet to a point on the north line of said Lot 1, Burnworth-Sampson Addition, being common to said south right-of-way line of Interstate 235 established by Condemnation Case A-76777; thence along said north line and south right-of-way line for the next two courses, S76°04'09"E, 450.10 feet to a point on a non-tangent curve to the right, said curve having a radius of 2329.40 feet, a central angle of 16°48'33", a chord bearing of S68°40'36"E, and a chord distance of 680.94 feet; thence along said non- tangent curve to the right, 683.39 feet to the northeast corner of said Lot 1, Burnworth-Sampson Addition, being coincident with a point on the west right-of-way line of Gold Street; thence along said west right-of- way line for the next four courses, and along the east line of said Lot 1, Burnworth-Sampson Addition, S01°31'39"E, 76.00 feet to the northeast corner of said Lot 2, Burnworth-Sampson Addition; thence along the east line of said Lot 2, Burnworth-Sampson Addition, S01°39'48"E, 359.85 feet to the southeast corner of said Lot 2, Burnworth-Sampson Addition, being coincident with the northeast corner of said Lot 1, Block A, Pacesetter Addition; thence along the east line of said Lot 1, Block A, Pacesetter Addition, S01°09'44"E, 644.05 feet to the southeast corner of said Lot 1, Block A, Pacesetter Addition, being coincident with the northeast corner of said Lot 1, Beevers Addition; hence along the east line of said Lot 1, Beevers Addition, S01°07'08"E, 246.29 feet to the POINT OF BEGINNING.

BACKGROUND: The applicant is seeking GC Limited Commercial zoning on 80.9 acres zoned SF-5 Single-Family Residential, MH Manufactured Housing, and OW Office Warehouse, subject to the development standards contained in the proposed Steeple Bay Community Unit Plan CUP DP-343 (attached). The Unified Zoning Code (UZC) requires a CUP for GC sites of six (6) acres or more that are held under unified control at the time of initial approval. A CUP is intended to provide well planned and well organized residential, commercial and mixed development. The CUP is proposed to be developed with a variety of commercial uses typically found along a freeway frontage, including convenience store; retail; restaurant; night club; hotel; recreation and entertainment; recreational vehicle campground; and vehicle and equipment sales. Additionally, the CUP is proposed to be developed with employment-based businesses, including office; manufacturing; research services; warehousing; welding or machine shop; and wholesale or business services. Residential uses such as multi-family also are permitted; however, the existing manufactured home park on the site will become a non-conforming use if the application is approved. The applicant indicates that the intention is to relocate the existing manufactured homes upon approval of the application.

Page 2 of 6

464 The site is generally located north of West MacArthur Road and east of South Seneca Street, near the interchanges of both arterial streets with I-235. The site is primarily developed with a manufactured home park, although the site is also developed with a restaurant, vehicle repair shop, and several single- family residences. The properties north of the site across I-235 are zoned SF-5 and are developed with schools and related athletic stadiums and facilities. The properties to the south across MacArthur Road are SF-5 and MF-29 Multi-Family Residential and are developed with single-family and multi-family residential uses. The property to the east across Gold Street is zoned LI Limited Industrial and is developed with a freight terminal. The properties to the west across Seneca Street are zoned LC and GC and are developed with a variety of uses such as manufactured home sales, warehousing, office, restaurant, night club, multi-family residential, and electrical substation. Additionally, over 90 acres of industrial zoning exists southwest of the site near the intersection of MacArthur Road and Seneca Street that is developing with a mixture of warehousing, manufacturing, and utility uses. CASE HISTORY: The site is platted as Burnworth Sampson Addition, Pacesetter Addition, Willie Mae Addition, Jerry Elliott Addition, Thompson Acres Addition, Halford Homesites Addition, Beevers Addition, and Don Addition. The applicant has applied to replat the site. ADJACENT ZONING AND LAND USE: NORTH: SF-5 Schools and related athletic stadiums and facilities SOUTH: SF-5, MF-29 Single-family and multi-family residential uses EAST: LI Freight terminal WEST: LC, GC Manufactured home sales, warehousing, office, restaurant, night club, multi-family residential, and electrical substation

PUBLIC SERVICES: Access to the site is provided by two arterial streets, MacArthur Road and Seneca Street, both of which have an interchange with I-235 near the site. As proposed, the development would permit over 850,000 square of commercial development, which could generate a significant increase in traffic that might warrant improvements such as turn lanes and traffic signals into the development and/or at the nearby freeway interchanges. Therefore, staff recommends that a traffic study of the impacts of the development on vehicular, bicycle, pedestrian, and transit transportation be prepared by the applicant and approved by the City Engineer prior to the issuance of a building permit for the property. Staff recommends that any improvements or dedications required by the traffic study be guaranteed prior to the issuance of a building permit. The CUP requires water and sanitary sewer service be provided to any development prior to the issuance of an occupancy permit. The CUP requires that drainage improvements be established and guaranteed at the time of platting. CONFORMANCE TO PLANS/POLICIES: The 2035 Wichita Future Growth Concept Map of the Community Investments Plan identifies the area in which the site is located as appropriate for “New Employment” development. The application is consistent with the following Locational Guidelines of the Community Investments Plan: 1. Major commercial and employment centers should be located at intersections of arterial streets and along highways and commercial corridors. 2. Industrial uses should be located in areas with good access to highways, rail lines, and airports. 3. Primary outdoor sales uses should be located along highway corridors or in areas where the uses have already been established.

RECOMMENDATION: Based on the information available at the time of the public hearing, staff recommends APPROVAL of the application with following additional recommended conditions intended to ensure compatibility with nearby uses and to address the provision of adequate community facilities:

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465 1. General Provision 3A shall be amended to indicate that no parcels in the CUP shall allow: Animal Care, General; Kennel, Boarding/Breeding/Training; and Vehicle Storage Yard. 2. General Provision 3D shall be added as follows: No parcel within 300 feet of a church, park, school, or residential zoning shall permit a Tavern or Drinking Establish or Nightclub in the City. 3. The lettering of General Provision 7 shall be amended to eliminate the duplicate General Provisions 7A. 4. General Provision 14E shall be amended to state: A traffic study of the impacts of the development on vehicular, bicycle, pedestrian, and transit transportation shall be prepared by the applicant and approved by the City Engineer prior to the issuance of a building permit for the property. Any improvements or dedications required by the traffic study shall be guaranteed prior to the issuance of a building permit. 5. The applicant shall record a CUP certificate with the Register of Deeds indicating that this tract (referenced as DP-345 Steeple Bay CUP) has special conditions for development on the property. A copy of the recorded certificate along with four copies of the approved CUP shall be submitted to the Metropolitan Area Planning Department within 60 days of recording the plat for the subject property, or the request shall be considered denied and closed.

This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The zoning, uses, and character of the surrounding area is primarily commercial and industrial in nature. The properties north of the site across I-235 are zoned SF-5 and are developed with schools and related athletic stadiums and facilities. The properties to the south across MacArthur Road are SF-5 and MF-29 Multi-Family Residential and are developed with single-family and multi-family residential uses. The property to the east across Gold Street is zoned LI Limited Industrial and is developed with a freight terminal. The properties to the west across Seneca Street are zoned LC and GC and are developed with a variety of uses such as manufactured home sales, warehousing, office, restaurant, night club, multi-family residential, and electrical substation. Additionally, over 90 acres of industrial zoning exists southwest of the site near the intersection of MacArthur Road and Seneca Street that is developing with a mixture of warehousing, manufacturing, and utility uses.

2. Extent to which removal of the restrictions will detrimentally affect nearby property: The development plan as proposed may have detrimental effects on nearby properties. The conditions of approval that restrict primarily outdoor uses and uses that generate significant noise and odor should mitigate the detrimental effects on nearby property.

3. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The 2035 Wichita Future Growth Concept Map of the Community Investments Plan identifies the area in which the site is located as appropriate for "New Employment" development. The application is consistent with the following Locational Guidelines of the Community Investments Plan: a. Major commercial and employment centers should be located at intersections of arterial streets and along highways and commercial corridors. b. Industrial uses should be located in areas with good access to highways, rail lines, and airports. c. Primary outdoor sales uses should be located along highway corridors or in areas where the uses have already been established.

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466 Impact of the proposed development on community facilities: As proposed, the development would permit over 850,000 square of commercial development, which could generate a significant increase in traffic that might warrant improvements such as turn lanes and traffic signals into the development and/or at the nearby freeway interchanges. The condition of approval requiring a traffic study and guarantees for needed transportation improvements should ensure that adequate community facilities are provided for the development and surrounding areas. SCOTT KNEBEL, Planning Staff presents the Staff Report. RICHARDSON asks what the dotted lines mean on the zoning map.

KNEBEL responds that the dash lines indicate the boundary of the request for zoning and the bold line is the boundary of the request for the CUP. He explains that there are properties already zoned LC and GC at all three locations and the applicant is not requesting a different zoning than what is in place. He said the applicant is requesting those properties to be included in the CUP

RICHARDSON asks if General Commercial zoning is already there.

KNEBEL replied yes, points out on map, shows where a dash line marks the SF-5 to LC zoning, and explains the bold line is the entire area for the CUP.

RICHARDSON comments that the zoning stays as is.

KNEBEL replies on the parcels already zoned LC and GC, yes.

BLICK asks why the applicant is no making the whole site GC.

KNEBEL said that would be a question for the applicant as it is not the request filed.

RICHARDSON asks what the recommendation from the DAB was.

KNEBEL said the DAB recommended approval subject to staff recommendations plus a condition that there not be truck traffic north of the interstate on Gold Street.

BRIAN LINDEBAK, MKEC ENGINEERING, INC.411 N. WEBB ROAD, WICHITA, KANSAS, AGENT FOR THE APPLICANT said the applicant is in full support of staff comments. He said part was zoned LC and left it LC with the shape of the property not being very conducive as necessary for the general commercial zoning. He said they felt there would be smaller and neighborhood type uses along that frontage and decided to leave it limited commercial. He said the site is an improvement to the area and the owner is very committed to this area in town and would like to see many improvements with eighty acres of improvement being a substantial improvement to the whole community. He said a few challenges the site has is that there is a significant flood plain and there will be a major investment in the property just dealing with the flood plain. He said the lake would be expanded to become a beautiful amenity to the region and an asset to the CUP.

RICHARDSON comments that the CUP is a little hard to read but there is a lot dealing with signs on the parcels, and asks if that is more or less restrictive than the sign ordinance proposed. He comments that it is confusing.

Page 5 of 6

467 LINDEBAK replied that with arterials streets it is allowed point eight times the linear frontage for the signage with restriction’s as well. He does not believe they will be exceeding and explains that there is an offsite billboard.

BLICK comments that it looks like the entrance will move to the south and asks if they are building a bridge.

LINDEBAK said they intent to keep the current access and possibly won’t be a major access point to the development, the bridge will be themed and art inspired. He said the developer has ambitious goals if the case is approved.

BLICK said there is a lot of drainage for the south side of Wichita and would like to know how it works with the building of the bridge.

LINDEBAK said they will have to build it for the capacity of the one hundred year flood plain and adds that it will be a large structure.

BLICK comments that the every time it rains, the south side of Wichita is flooded and every years not every one hundred years.

LINDEBAK said a better terminology is a one percent annual change.

FOSTER asks if the applicant is comfortable including DAB’s condition of no truck traffic on Gold Street.

LINDEBAK replied that they would let the traffic study required for this case dictate the mechanics how the traffic patterns work.

MOTION: To approve subject to staff recommendation WARREN moved, GREENE seconded the motion, and it carried (10-0).

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468 1 NW. Cor., SW 4, Sec., 8 T27S, R1E, 6th P.M.

Complete Access Control Condemnation Case Condemnation Case (A-76777) (96C3482) S88°19'08"E 626.31' N84°25'39"E 389.38' N84°25'40"E 165.06' 80.16' Existing Trees 84.90'

Steeple Bay DP-345 (CUP 2017-00043) (CUP DP-345 Bay Steeple Existing Trees N80°14'56"E 217.24' S76°04'09"E 450.10'

100'(P) Condemnation Case (A-76777) Reserve A Existing Pond Δ=1 R 6°4 =2 8'3 L 329 3" =68 .40 Ch 3.3 ' Existing Trees CB .=6 9' .=S 80 68 .94 °40 ' N01°59'09"W 343.17' N01°59'09"W '3 Parcel 1 6"E 117,425 s.f. Existing Ditch 2.70 ac. N01°59'09"W 347.01' N01°59'09"W Reserve A 949,906 s.f. 21.81 ac. SILVER SPUR N88°00'51"E 100'(P) 50.00' S60°50'05"E Existing Pond ADDITION 93.51' Existing Pond 104.14' ZONING - LC 1 N88°51'27"E 1100.00' 1 220.00' 220.00' 220.00' 220.00' 220.00' 91.88'

N63°00'51"E 287.97'

76.00' S01°31'39"E

ZONING - LC N01°59'09"W 2645.42' N01°59'09"W GASAWAY N29°24'41"W

Existing Ditch

ADDITION Parcel 4 240.80' 335.51'

252.80' Parcel 5 UNPLATTED S27°06'31"E 426.10' 53,575 s.f.

265.42' 1.23 ac. S01°08'33"E 55,181 s.f. N01°08'33"W 1.27 ac. Parcel 6 Parcel 7 Parcel 2 Parcel 3 S01°08'33"E 61,972 s.f. 297.96'

305.43' 93,435 s.f. 97,693 s.f. 60,626 s.f. 1.42 ac. S01°08'33"E 2.14 ac. ZONING - SF-5

2.24 ac. S01°08'33"E 1.39 ac.

Drainage Dedication 334.22' Δ=180°00'00" 1 20' Building Setback R=5.50' 1 L=17.28' 50'(P) 148.64' 139.34' Δ=6°52'39" Δ=180°00'00" 220.62' 82.19' S82°43'51"E 345.75' R=1029.00' S26°59'09"E 171.38' R=5.50' .52' L=123.52' 226 .72' Res. C 222.39' Δ=23°40'09" L=17.28' 692 103.58' 696.48' ZONING - GC R=500.00' (Name Per Plat) 41.16' 0°54'22" 12,611 s.f. =1 359.85' S01°39'48"E L=206.55' 686.40' 345.75' Δ 0.29 ac. 182.33' R=629.00' 20' Building Setback Parcel 8 07' 82.33' ZONING - GC - ZONING 6. 1 19.73' 5,625 s.f. 12 277.09 345.75' L=1 155.32' ' 83.0 Access Control per Access Management Guidelines 1135.50' Guidelines Management Access per Control Access 40' 2' 0.13 ac. 74.73' 18.79' 20' Building Setback 35' B.S. 35' .13' 8 N88°00'51"E 173.02' 81 48' 3.92' 138.59' 20' B.S. 389. 271.02' DJ ADDITION Δ=32°55'27" 40' 123.52' 72.43' R=1200.00' 89.36'

N01°59'09"W 688.63' N01°59'09"W L=689.56' 2 Res. B 140.61' 40' 1 19.20' 2' 112.61' 8.9 8.00' 1,121 s.f. 7 Δ=180°00'00" 0.03 ac. 40' Δ=171°49'44" R=5.50' 111.28' Δ=8°10'16" R=3.00' L=17.28' 20' B.S. R=200.00' L=9.00' L=28.52' 147.73' 187.76' N27°06'35"W 40' 40' CONSOLIDATED Parcel 9 Drainage Dedication 298.57'

170.00' Parcel 11 25,693 s.f. S27°06'33"E 346.51' FREITWAYS 0.59 ac. 177,657 s.f. N88°50'19"E Existing Ditch 4.08 ac. 10.00' Parcel 12 ADDITION 538.20' 187,870 s.f. Parcel 13

50'(P) 4.31 ac. 519.70' 174,361 s.f. S01°55'31"E 4.00 ac. N88°00'51"E N01°55'31"W 1 470.56'

190.99' ZONING - LI 40.01'

ZONING - LC 10.44' (Name Per Plat) Per (Name 158.74' Parcel 16

753.49' 779,286 s.f. GAUDREAU Parcel 10 147.73' 17.89 ac. 32,814 s.f. N27°01'37"W 163.67' 0.75 ac.

ADDITION 644.05' 100.00'

20' Building Setback

35' Building Setback Building 35' Access Control per Access Management Guidelines 1326.17' Guidelines Management Access per Control Access 1 N01°59'09"W S62°58'23"W158.17' 1 40'(P) S88°50'19"W 268.42' Res. D S01°09'44"E 644.05'

10,135 s.f. 2651.10' N01°31'11"W 20' Building Setback 0.23 ac. 4 244.35' 350.00' N88°50'40"E 350.00' Riverside Drainage District R/W Case No. 72947 ZONING - LC S88°51'27"W 704.98' 239.38' 912.73' 912.73'

S01°09'41"E 1028.79' THOMPSONS5 ACRES 20' Building Setback PRICE ADDITION UNPLATTED Parcel 14

229.96' 55,028 s.f. 229.96' TRANSPORTATION 1.26 ac. ADDITION

6 Existing Ditch ZONING - GI 6.29' 107.29' 1 250.00' 250.00' 250.00' 247.69' A N88°50'19"E UNPLATTED 239.20' ZONING - LI ZONING - LC

ZONING - LC 455.01' N01°12'19"W Parcel 20

Parcel 17 Parcel 18 Parcel 19 60,290 s.f. 240.00'

250.00' 250.00' Parcel 15 250.00' 62,500 s.f. 62,500 s.f. 250.00' 62,500 s.f. 1.38 ac. 225.05' 225.05'

7 8 9 10 1.43 ac. 1.43 ac. 1.43 ac. S01°09'41"E N01°09'41"W 53,812 s.f. N01°09'41"W UNPLATTED UNPLATTED 1.24 ac.

1 S01°07'08"E 246.29' SW. Cor., SW 4, Sec., 8 T27S, 35' Building Setback 35' Building Setback 40' 40' R1E, 6th P.M. 108.97' 239.03' 250.00' 250.00' 250.00' 86.55' S88°50'19"W 161.03' S88°50'19"W 1155.58' Δ=179°59'58" R=5.50' S01°31'11"E 75'(P) 65'(P) 65'(P) 10.00' L=17.28' Access Control per Access Management Guidelines 1316.55' Basis of Bearings: Kansas coordinate system of 1983 south zone bearing of N88°50'19"E 2644.85'

Existing Ditch UNPLATTED CHAMBERLAINS ZONING - PUD 46 ZONING - GI UNPLATTED ZONING - GI UNPLATTED ZONING - SF-5 ZONING - MF-29 BYPASS ADDITION w/ CUP DP-72 ZONING - GC CROSS GATE 1 1 ADDITION DEVELOPMENT GUIDELINES LEGAL DESCRIPTION 1

General Provisions A contiguous tract of land lying within: 1. Area: The total development contains 80.9 acres of land. 3. Land Uses: 13. Signs: Are as permitted under the current Sign Code of the City of Wichita. Additionally, the following Lots 1 and 2, Beevers Addition, Wichita, Sedgwick County, Kansas, 2. Parcel Descriptions: The following uses are permitted for Parcels 1, 2, 3, 4, 6, 7, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 within conditions apply: TOGETHER WITH, the C.U.P.: A. Parcels 1, 2, 3, 4, 6, 7, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 are subject to the requirements of the Lot 1, Block A, Lots 4 and 5, Block B, and Exchange Place, Halford Homesites Addition, Wichita, Sedgwick County, Parcel 1 Parcel 11 Reserve A = 21.81 Ac. or 949,906 s.f. A. All allowed uses permitted within the GC Zoning District with the following EXCEPTIONS; No Parcels Sign Code of the City of Wichita for GC Zoning District and except as noted herewith. Parcels 8, 9, Kansas, within this C.U.P. shall allow the following uses: and 10 are subject to the requirements of the Sign Code of the City of Wichita for LC Zoning District Gross Area = 2.70 Ac. or 117,429 s.f. Gross Area = 4.08 Ac. or 177,657 s.f. Reserve B = 0.03 Ac. or 1,121 s.f. TOGETHER WITH, Maximum Height = 65 feet Maximum Height = 55 feet Reserve C = 0.29 Ac. or 12,611 s.f. Cemetery; Correctional Placement Residence, Limited and General; Group Residence, Limited and and except as noted herewith. Max. Building Coverage = 35% Max. Building Coverage = 35% Reserve D = 0.23 Ac. or 10,135 s.f. General; Riding Academy or Stable; Rodeo in the City; Storage, Outdoor, as a Principal Use; Recycling B. No flashing or moving signs shall be permitted. Lots 1, 2, 3, and 4, Don Addition, Wichita, Sedgwick County, Kansas, Max. Gross Floor Area = 50% or 58,715 s.f. Max. Gross Floor Area = 35% or 62,180 s.f. Collection Station, Private and Public; Recycling Processing Center; Reverse Vending Machine; Utility, C. The total amount of sign face area of freestanding signage along Seneca Street and Interstate 235, TOGETHER WITH Parcel 2 Parcel 12 Minor; Sexually Oriented Business in the City; Asphalt or Concrete Plant, Limited and General; Oil or Gas MacArthur Road shall not exceed 0.8 times the linear frontage and Gold Street shall not exceed 0.5 Lot 1, Block A, all of Exchange Place, and a portion of a 10 foot Drainage Dedication, said portion lying north of and Drilling; Rock Crushing; Solid Waste Incinerator. times the linear frontage. Gross Area = 2.24 Ac. or 97,693 s.f. Gross Area = 4.31 Ac. or 187,870 s.f. The location and size of the reserves perpendicular to a point along the west line of said Lot 1, said point being 329.03 feet south of the northwest corner of B. The following uses are permitted for Parcels 8, 9, and 10 within the C.U.P.: All allowed uses permitted D. All signs shall be monument, pylon type, or pole type. There are two sizes of proposed signs: Small Maximum Height = 65 feet Maximum Height = 55 feet shall be determined at the time of said Lot 1, all platted within Pacesetter Addition, Wichita, Sedgwick County, Kansas, within the LC Zoning District, EXCEPT those uses listed in G.P.3A. if allowed in LC, AND EXCEPT, Tenant and Large Development Identification/Tenant Pylon. Max. Building Coverage = 35% Max. Building Coverage = 35% final platting; however, the location TOGETHER WITH, Max. Gross Floor Area = 50% or 48,847 s.f. Max. Gross Floor Area = 35% or 65,755 s.f. Construction Sales and Service. Parcel 8 shall also be allowed by right to have Vehicle and Equipment Small Tenant Monuments are allowed as follows: and size of the reserves shall Lot 1, except that portion taken for highway in Case No. 96C3482, and Lot 2, Burnworth-Sampson Addition to Wichita, Sales Outdoors as an accessory to other GC zoned Parcels in the development. Allowed Locations - Along frontages of all Parcels. Parcel 3 Parcel 13 generally be the same as indicated Kansas, Gross Area = 1.39 Ac. or 60,626 s.f. Gross Area = 4.00 Ac. or 174,361 s.f. C. The uses permitted by the C.U.P. are only those uses permitted by right and not by conditional use Maximum height - 16 feet on the CUP unless modified by a Maximum sign area - 90 square feet each. Maximum Height = 65 feet Maximum Height = 55 feet unless specifically identified. TOGETHER WITH, CUP adjustment or amendment. The Minimum distance between signs - 150 feet except, when adjacent to "Large" sign 75 feet. Max. Building Coverage = 35% Max. Building Coverage = 35% Lot 3, Thompsons Acres, Sedgwick County, Kansas, reserve uses shall be per the final 4. Architectural Controls: All buildings within the C.U.P. shall share a uniform architectural character, color, and Large Development Identificaiton/Tenant Pylons are limited as follows: Max. Gross Floor Area = 50% or 30,313 s.f. Max. Gross Floor Area = 35% or 61,026 s.f. TOGETHER WITH, plat, but are planned to include uses similar predominate exterior building material, as determined by the Director of Planning. All building walls Allowed Locations - Four along I-235 frontage with the below condition relating to Off-Site Parcel 4 Parcel 14 such as drive access, signs, and roofs must have predominately earth-tone colors, with vivid colors limited to incidental accents, and must Billboard Signs; one along MacArthur Road; and two along Seneca Street; Lot 1, and all of the drainage right-of-way, platted within Jerry Elliott Addition, Wichita, Kansas, Gross Area = 1.23 Ac. or 53,575 s.f. Gross Area = 1.26 Ac. or 55,028 s.f. Only two Large Development Itentificaion/Tenant Pylons are permitted along I-235 frontage if 100 0 100 200 landscaping, irrigation, monuments, employ materials similar or complementary to surrounding residential areas. The predominate exterior TOGETHER WITH, Maximum Height = 35 feet Maximum Height = 35 feet and other similar uses. Reserve A two Off-Site Billboard Signs are operated. Only three Large Development Itentificaion/Tenant building materials shall be non-metal, unless approved by the Director of Planning. Pylons are permitted along I-235 frontage if one Off-Site Billboard Sign is operated. Lot 1, and all of the drainage right-of-way, platted within Willie Mae Addition, Wichita, Kansas, Max. Building Coverage = 35% Max. Building Coverage = 35% will also off-site signs and drainage. Maximum height - 50 feet along I-235; 35 feet along both MacArthur Rd. and Seneca St. Max. Gross Floor Area = 35% or 18,751 s.f. Max. Gross Floor Area = 35% or 19,260 s.f. 5. Landscaping for this site shall be required as follows: TOGETHER WITH, Parcel 5 Parcel 15 Minimum sign area - 150 square feet each A. Landscaped street yards, buffers, and parking lot landscaping and screening shall be in accordance with Maximum sign area - 400 square feet each A portion of the Riverside Drainage District Right-of-Way in Case No. 72947, lying within the Southwest Quarter, Gross Area = 1.27 Ac. or 55,181 s.f. Gross Area = 1.24 Ac. or 53,812 s.f. the City of Wichita Landscape Ordinance. Minimum distance between signs - 320 feet Section 8, Township 28 South, Range 1 East of the 6th Principal Meridian, Sedgwick County, Kansas, said portion Maximum Height = 35 feet Maximum Height = 35 feet B. A landscape plan shall be prepared by a Kansas Landscape Architect for the above referenced The Developer / Owners shall be responsible for allocating the sign areas. Below are the calculated being that part adjoining and abutting the following tracts of land: The east line of said Lot 1, Willie Mae Addition; the Max. Building Coverage = 35% Max. Building Coverage = 35% landscaping, indicating the type, location, and specifications of all plant material. This plan shall be allowable areas per the above mentioned linear frontage percentages. east line of said Lot 1, Jerry Elliott Addition, the west line of said Pacesetter Addition, and the west line of said Max. Gross Floor Area = 35% or 19,313 s.f. Max. Gross Floor Area = 35% or 18,834 s.f. Brunsworth Sampson Addition. R 1 E submitted to the Metropolitan Area Planning Department (MAPD) for its review and approval prior to Interstate-235 - total allowed sign area 2,025 square feet Parcel 6 Parcel 16 issuance of any building permit(s). Said contiguous tract of land being more particularly described as follows: Gross Area = 1.42 Ac. or 61,972 s.f. Gross Area = 17.89 Ac. or 779,286 s.f. Seneca Street - total allowed sign area 956 square feet W. 31st St. C. A financial guarantee for the plant material approved on the landscape plan for that portion of the C.U.P. BEGINNING at the southeast corner of said Lot 1, Beevers Addition; thence along the south line of said Lots 1 and 2, Maximum Height = 35 feet Maximum Height = 55 feet MacArthur Road - total allowed sign area 1,061 square feet being developed shall be required prior to issuance of any occupancy permit, if the required landscape Beevers Addition, being coincident with the north right-of-way line of MacArthur Road on a Kansas coordinate system Max. Building Coverage = 35% Max. Building Coverage = 35% Gold Street - total allowed sign area 663 square feet has not been planted. of 1983 south zone bearing of S88°50'19"W, 161.03 feet to the southwest corner of said Lot 2, Beevers Addition, being Max. Gross Floor Area = 35% or 21,690 s.f. Max. Gross Floor Area = 35% or 272,750 s.f. D. Building signage shall be permitted within the C.U.P. Building signage shall be limited to 20% of the coincident with a point on the east line of said Lot 1, Block A, Halford Homesites Addition; thence continuing along the Parcel 7 Parcel 17 6. Lighting: wall area. said north right-of-way line for the next two courses and along said east line, S01°31'11"E, 10.00 feet to the southeast Gross Area = 2.17 Ac. or 94,435 s.f. Gross Area = 1.43 Ac. or 62,500 s.f. A. Lighting shall be in accordance with the Wichita-Sedgwick County Unified Zoning Code, Section IV. E. Accent lighting of monument signs shall be permitted. corner of said Lot 1, Block A, Halford Homesites Addition; thence along the south line of said Halford Homesites Maximum Height = 65 feet Maximum Height = 35 feet B. All Parcels shall share similar or consistent parking lot lighting elements (i.e. fixtures, poles and lamps Addition, said Don Addition, and said Lot 1, Block A, Pacesetter Addition, S88°50'19"W, 1155.58 feet; thence along the CUP F. Window signage shall be limited to 25% of window area. Max. Building Coverage = 35% Max. Building Coverage = 35% and etc.), as approved by the Director of the MAPD. westerly line of said Lot 1, Block A, Pacesetter Addition, N01°12'19"W, 455.01 feet; thence along the extended

T 27 S G. Off-Site Billboard Signs: Two off-site billboard signs are permitted along the northern perimeter of the LOCATION Max. Gross Floor Area = 50% or 47,218 s.f. Max. Gross Floor Area = 35% or 21,875 s.f. C. All lighting shall be shielded to direct light disbursement in a downward direction and directed away southerly line of said Lot 1, Block A, Pacesetter Addition, S88°52'27"W, 704.98 feet; thence N27°01'37"W, 163.67 feet; C.U.P. within the Reserve(s) and/or Parcel(s). The off-site billboard signs shall conform to the recitals Parcel 8 Parcel 18 from residential areas. thence S62°58'23"W, 158.17 feet to the southeast corner of said Lot 3, Thompsons Acres; thence along the south line 8 of Section 24.04.2222 of the Code of the City of Wichita. S. Seneca St. Gross Area = 0.13 Ac. or 5,625 s.f. Gross Area = 1.43 Ac. or 62,500 s.f. D. Light poles including above ground base shall be limited to 27 feet tall, except 15 feet tall when within of said Lot 3, Thompsons Acres, S88°50'19"W, 268.42 feet to the southwest corner of said Lot 3, Thompsons Acres, I-235 Maximum Height = 35 feet Maximum Height = 35 feet 200 feet of residential zoning with residential use. H. Electronic message signs are allowed within the C.U.P. on all Parcels. also being a point on the east right-of-way line of Seneca Street; thence along said east right-of-way line for the next Max. Building Coverage = 35% Max. Building Coverage = 35% E. Extensive use of backlit canopies and neon or fluorescent tube lighting on buildings is not permitted. three courses, and along the west line of said Lot 3, Thompsons Acres, N01°59'09"W, 100.00 feet to the northwest 14. Transportation improvements and Parcel access shall be provided as follows: Max. Gross Floor Area = 35% or 1,969 s.f. Max. Gross Floor Area = 35% or 21,875 s.f corner of said Lot 3, Thompsons Acres; thence along the north line of said Lot 3, Thompsons Acres, N88°50'19"E, S. Broadway St. A. Cross-lot circulation agreements shall be required at the time of platting to assure internal vehicular Parcel 9 Parcel 19 7. Screening for this site shall be required as follows: Rooftop mechanical equipment shall be screened from 10.00 feet to the southwest corner of said Lot 1, Jerry Elliott Addition; thence along the extended west line of said Lot 1, movement between Parcels within the C.U.P. Jerry Elliott Addition and said Lot 1, Willie Mae Addition, N01°59'09"W, 688.63 feet; thence N88°00'51"E, 50.00 feet to Gross Area = 0.59 Ac. or 25,693 s.f. Gross Area = 1.43 Ac. or 62,500 s.f. ground level view per Wichita-Sedgwick County Unified Zoning Code. B. Access controls shall be as shown on the Final Plat and revised upon the C.U.P. a point on the west line of said Lot 1, Burnworth-Sampson Addition, being coincident with said east right-of-way line of Maximum Height = 35 feet Maximum Height = 35 feet A. Storage, Outdoor is subject to the screening requirements per Section IV-B.3.e of the Seneca Street; thence along said west line and east right-of-way line, N01°59'09"W, 347.01 feet to a point on a south Gold St. C. An overall site circulation plan shall be submitted for review and approval by the Director of Planning, Max. Building Coverage = 35% Max. Building Coverage = 35% Wichita-Sedgwick County Unified Zoning Code. in concurrence with the Zoning Administrator, the Fire Marshall/Fire Chief, and the Traffic Engineer. right-of-way line of Interstate 235 established by Condemnation Case No. 96C3482; thence along said south Max. Gross Floor Area = 35% or 8,993 s.f. Max. Gross Floor Area = 35% or 21,875 s.f A. Trash receptacles, loading docks, outdoor storage, and loading areas shall be appropriately screened The circulation plan shall assure smooth internal vehicular and pedestrian movements, pedestrian right-of-way line for the next four courses, N80°14'56"E, 217.24 feet; thence N84°25'40"E, 165.06 feet; thence W. MacArthur Rd. Parcel 10 Parcel 20 to reasonably hide them from ground view with fencing and/or landscaping. connectivity to major arterial and within buildings on the CUP and may provide connections to adjoining N84°25'39"E, 389.38 feet; thence S88°19'08"E, 626.31 feet to a point on the north line of said Lot 1, Gross Area = 0.75 Ac. or 32,814 s.f. Gross Area = 1.38 Ac. or 60,290 s.f. B. Vehicle and Equipment Sales, Outdoor, shall conform to Section III-D.6.hh. of the zoning code. properties, and ensure that the main drives are not blocked by parking spaces directly backing onto the Burnworth-Sampson Addition, being common to said south right-of-way line of Interstate 235 established by VICINITY MAP Maximum Height = 35 feet Maximum Height = 35 feet C. Unless otherwise noted Screening shall be in accordance with the Wichita-Sedgwick County Unified main drive aisles. Condemnation Case A-76777; thence along said north line and south right-of-way line for the next two courses, Max. Building Coverage = 35% Max. Building Coverage = 35% Zoning Code, Section IV and Section III-C.2.b. S76°04'09"E, 450.10 feet to a point on a non-tangent curve to the right, said curve having a radius of 2329.40 feet, a D. A plan for a pedestrian walk system shall be a requirement of the C.U.P. The walk system shall link Max. Gross Floor Area = 35% or 11,485 s.f. Max. Gross Floor Area = 35% or 21,102 s.f central angle of 16°48'33", a chord bearing of S68°40'36"E, and a chord distance of 680.94 feet; thence along said 8. Setbacks are as shown hereon, if not shown they shall be as specified in Wichita-Sedgwick County proposed buildings with the entrances and sidewalks to Seneca Street and MacArthur Road and shall non-tangent curve to the right, 683.39 feet to the northeast corner of said Lot 1, Burnworth-Sampson Addition, being Unified Zoning Code for the corresponding base zoning district property development standards or as be assured by required submission and approval of circulation plans by the Director of Planning prior coincident with a point on the west right-of-way line of Gold Street; thence along said west right-of-way line for the next specified below. If contiguous Parcels are developed under the same ownership, setbacks between such to issuing building permits. four courses, and along the east line of said Lot 1, Burnworth-Sampson Addition, S01°31'39"E, 76.00 feet to the Parcels will not be required. E. A traffic study will be provided, as warranted, prior to the issuance of a building permit. The Director of northeast corner of said Lot 2, Burnworth-Sampson Addition; thence along the east line of said Lot 2, COMMUNITY UNIT PLAN DP-345 Planning shall determine the if a study is warranted. Burnworth-Sampson Addition, S01°39'48"E, 359.85 feet to the southeast corner of said Lot 2, Burnworth-Sampson Addition, being coincident with the northeast corner of said Lot 1, Block A, Pacesetter Addition; thence along the east 9. Parking: All Parcels, shall be in accordance with the Wichita-Sedgwick County Unified Zoning Code, 15. Title: The transfer of the title on all or any portion of the land included in the Community Unit Plan does Section IV-A, unless otherwise specified. line of said Lot 1, Block A, Pacesetter Addition, S01°09'44"E, 644.05 feet to the southeast corner of said Lot 1, Block A, not constitute a termination of the plan or any portion thereof; but said plan shall run with the land for Pacesetter Addition, being coincident with the northeast corner of said Lot 1, Beevers Addition; hence along the east commercial development and be binding upon the present owners, their successors and assigns and 10. Utilities: No occupancy permits shall be issued for any development without services by municipal water line of said Lot 1, Beevers Addition, S01°07'08"E, 246.29 feet to the POINT OF BEGINNING. amended. However, the Director of the MAPD, with the concurrence of the Zoning Administrator, may and sewer services. All proposed new utilities shall be installed underground; unless it is prohibitive due approve minor adjustments to the conditions in this overlay, consistent with the approved development STEEPLE BAY to groundwater depth. plan, without filing a formal ordinance amendment.

11. Grading Plan: A lot grading plan will be prepared in conformance with the Drainage Concept Plan for 16. The development of this property shall proceed in accordance with the development plan as review prior to the issuance of a Building Permit. recommended for approval by the Planning Commission and approved by the Governing Body, and any OWNERS / DEVELOPERS: 12. Final determination of minimum pad elevations (at least 2 feet higher than the 100 year flood elevation), substantial deviation of the plan, as determined by the Zoning Administrator and the Director of Planning, street right(s)-of-way, easements, and pavement widths on public private streets shall be resolved at the shall constitute a violation of the building permit authorizing construction of the proposed development. TCRS, LLC 4911 S. Meridian Ave., Wichita, KS 67217-3709 (316) 529-3100 time of platting. Drainage requirements and improvements shall be determined at the time of platting. If Orig. Case No. CUP2017-00043 17. Any major changes within this Community Unit Plan shall be submitted to the Planning Commission and Orig. Case No. ZON2017-00046 Tase Property, LLC 20 Sunnyside Ave., Ste. A151, Mill Valley, CA 94941-1933 " necessary, the CUP development plan shall be adjusted or amended to reflect final drainage the Governing Body for their consideration. Amendments, adjustments, or interpretations to the C.U.P. requirements. shall be done in accordance with the Unified Zoning Code. Submitted: August 28, 2017

Fruition, LLC 4340 S. West St. Wichita, KS 67217 " J:\Projects\2017\1701010143_Lange_Steeple Bay\_17143 CAD\SHTS\05 Civil\Plat\CUP\17143_CUP DP-345.dwg 09/21/2017 10:53:51 AM CST Steeple Bay DP-345 (CUP 2017-00043) (CUP DP-345 Bay Steeple

469

INTEROFFICE MEMORANDUM

TO: MAPC FROM: Janet Johnson, Division Manager, Office of Community Services SUBJECT: ZON2017-00046 AND CUP2017-00043

DATE: Oct. 5, 2017

On Wednesday, Oct. 4, 2017, the District III Advisory Board considered a request for a: zone change to GC General Commercial and creation of the Steeple Bay Community Unit Plan CUP DP-345

The DAB Members were provided the MAPD staff report for review.

The DAB Members expressed the following concerns:  Traffic on Gold needs to be well managed due to the close proximity of Enterprise Elementary and South High that results in heavy traffic at times and children walking in the street.  The impact the development will have on the 235 interchange on MacArthur and how that will be handled.  The fact that vehicle sales is an allowable use; concerns that this area will look like the other vehicle sales lots on South Broadway.

The DAB members voted 9-0-1 to recommend: That the request be approved with the six listed conditions and one additional condition: that truck traffic be prohibited from traveling north on Gold from the development.

Please review this information when ZON2017-00046 and CUP2017-00043 is considered.

470 OCA 150004 (PUBLISHED IN THE WICHITA EAGLE ON November 24, 2017)

ORDINANCE NO. 50-619

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS.

SECTION 1. That having received a recommendation from the Planning Commission, and proper notice having been given and hearing held as provided by law and under authority and subject to the provisions of The Wichita-Sedgwick County Unified Zoning Code, Section V-C, as adopted by Section 28.04.010, as amended, the zoning classification or districts of the lands legally described hereby are changed as follows:

Case No. ZON2017-00046

Zone change from SF-5 Single-Family Residential to LC Limited Commercial on property generally located north of MacArthur and east of Seneca described as:

Lot 3, Thompsons Acres, Sedgwick County, Kansas.

AND

Zone change from SF-5 Single-Family Residential, MH Manufactured Housing, and OW Office Warehouse to GC General Commercial on property generally located north of MacArthur and east of Seneca described as:

Lots 1 and 2, Beevers Addition, Wichita, Sedgwick County, Kansas, TOGETHER WITH, Lot 1, Block A, Lots 4 and 5, Block B, and Exchange Place, Halford Homesites Addition, Wichita, Sedgwick County, Kansas, TOGETHER WITH, Lot 1, Block A, Pacesetter Addition, Wichita, Sedgwick County, Kansas, TOGETHER WITH, Lot 2, Burnworth-Sampson Addition to Wichita, Kansas.

SECTION 3. That this Ordinance shall take effect and be in force from and after its adoption and publication in the official City paper.

ADOPTED this 21st day of November, 2017.

______Jeff Longwell, Mayor

471 ATTEST:

______Karen Sublett, City Clerk

(SEAL)

Approved as to form: ______Jennifer Magana, City Attorney and Director of Law

472 Agenda Item No. II-28

City of Wichita City Council Meeting November 7, 2017

TO: Wichita Housing Authority Board

SUBJECT: 2018 Payment Standard – Housing Choice Voucher Program

INITIATED BY: Housing and Community Services Department

AGENDA: Wichita Housing Authority (Consent)

Recommendation: Approve the 2018 payment standard for the Housing Choice Voucher Program to be effective on February 1, 2018.

Background: The Quality Housing and Work Responsibility Act (QHWRA) of 1998 requires housing authorities to establish a Housing Choice Voucher payment standard between 90 percent and 110 percent of the Fair Market Rents (FMRs) published by the U.S. Department of Housing and Urban Development (HUD), for applicable bedroom and unit sizes. The payment standard is used to calculate the amount of the monthly subsidy paid to landlords, and takes into account tenant-paid utilities. The QHWRA also includes a provision that tenants initially receiving Housing Choice Voucher (HCV) tenant-based rental assistance may not be required to pay more than 40 percent of their adjusted monthly income for rent and utilities.

On October 1, 2017, HUD published a notice of FMRs. These FMRs are calculated at the 40th percentile of rents in the Wichita area, and include an allowance for utilities. The 2018 payment standard is consistent with the City’s Comprehensive Housing Policy, specifically, the components related to affordability, availability, and neighborhood stability. The payment standard is also in accordance with the departmental goal to increase and preserve supply of housing to maintain affordability for residents earning 50 percent or less of the area median income. The area median income is currently $66,400.

Analysis: To determine appropriate payment standard for the HCV Program, staff reviewed requests for tenancy and actual rents for the months of January through November 2017, and calculated an average rent payment. The following table reflects the 2017 FMR and the proposed payment standard for 2018:

Bedroom Size 0 1 2 3 4 5 6

FMR (10/01/2017) $515 $609 $807 $1,103 $1,302 $1,497 $1,692

2018 Payment Standard $566 $669 $887 $1,213 $1,367 $1,497 $1,692

Financial Considerations: There is no impact to the General Fund.

Legal Considerations: The Law Department has reviewed and approved the 2018 payment standard as to form.

Recommended Action: It is recommended that the Wichita Housing Authority Board approve the 2018 payment standard for the Housing Choice Voucher Program to be effective on February 1, 2018.

Attachments: None.

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Agenda Item No. II-29

City of Wichita City Council Meeting November 7, 2017

TO: Wichita Housing Authority Board

SUBJECT: 2018 Flat Rent Schedule - Public Housing Program

INITIATED BY: Housing and Community Services Department

AGENDA: Wichita Housing Authority Board (Consent) ______

Recommendation: Approve the 2018 Flat Rent schedule for the Wichita Housing Authority’s Section 9 Public Housing program.

Background: The Quality Housing and Work Responsibilities Act (QHWRA) of 1998 allows Public Housing tenants to annually choose whether to pay no more than 30 percent of adjusted income for rent or to pay a flat rent. The QHWRA legislation further allows families experiencing hardships to switch from paying flat rents to income-based rents. The income of families paying flat rents must be reviewed every three years, and income-based rents must continue to be reviewed once a year.

This component of the legislation assumes that paying income-based rent serves as a disincentive for families to increase their income to achieve self-sufficiency. By contrast, flat rents have the effect of encouraging self-sufficiency in that the rent payment does not increase as the family improves its financial condition.

On an annual basis, the flat rental amount will apply to all new program admissions the next business day following the Wichita Housing Authority Board formally adopting the new flat rental amounts. Flat rent policy revisions will be entered into the Admissions and Continued Occupancy Policy. For current program participants that pay the flat rental amount, the new flat rental amount will be offered, as well as the income-based rental amount, at their next annual recertification.

Using the U.S. Department of Housing and Urban Development (HUD) Notice Public and Indian Housing 2015-13 as guidance, the Wichita Housing Authority (WHA) will cap Public Housing flat rent increases at 35 percent of the amount tenants currently pay.

The WHA will present rent payment options to new Public Housing tenants when entering the program and existing tenants at the time of their recertification. All will be able to choose the lower option of either income based rent or flat rent.

Analysis: Flat Rents need to be adjusted and approved annually after HUD issues the final Fair Market Rents. The flat rent calculation requires Public Housing Authorities to reduce the adjusted flat rents by the cost of utilities for which tenants are responsible. The WHA adjusts flat rents based on the number of bedrooms in the dwelling. If the WHA adjusts its utility allowances in 2018, the flat rents will be revised accordingly.

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Wichita Housing Authority 2018 Proposed Flat Rent Schedule Notice PIH 2015-13

2018 Percentage WHA WHA Fair 80% Tenant Increase Unit Proposed 2017 Mrkt of Paid (not to Size 2018 Flat Flat Rents FMR Utilities exceed Rents Rents (FMR) 35%)

AMP 1 Greenway 1 BR $609 $487 $<43> $444 $417 6.47 2 BR $807 $646 $<48> $598 $563 6.22 McLean 1 BR $609 $487 $<43> $444 $417 6.47 2 BR $807 $646 $<48> $598 $563 6.22 AMP 2

Rosa Gragg 1 BR $609 $487 $<103> $384 $357 7.56 Bernice Hutcherson 1 BR $609 $487 $<103> $384 $357 7.56 AMP 3 and AMP 4 Single- family Units 2 BR $807 $646 $<155> $491 $456 7.68 3 BR $1,103 $882 $<186> $696 $647 7.57 4 BR $1,302 $1,042 $<226> $816 $739 10.42 5 BR $1,497 $1,198 $<258> $940 $852 10.33 6 BR $1,722 $1,378 $<273> $1,105 $981 12.64

Financial Considerations: Higher flat rents will benefit Wichita Public Housing operating revenues, which are based on tenant rents and HUD Operating Subsidies. There is no impact to the General Fund.

Legal Considerations: The Law Department has approved the 2018 Flat Rent Schedule as to form.

Recommendation/Action: It is recommended that the Wichita Housing Authority Board approve the 2018 Flat Rent schedule for the Public Housing Program.

Attachment: None

2 475 Agenda Item No. II-30

City of Wichita City Council Meeting November 7, 2017

TO: Wichita Airport Authority

SUBJECT: U.S. General Services Administration Lease Amendment No. 4 Wichita Dwight D. Eisenhower National Airport

INITIATED BY: Department of Airports

AGENDA: Wichita Airport Authority (Consent)

Recommendation: Approve the lease amendment.

Background: The U.S. General Services Administration (GSA) handles all leasing matters for the Transportation Security Administration (TSA), which occupies spaces within the new airline terminal that are used for passenger and baggage screening personnel and equipment. This space is identified as “Block A” by the TSA. The Airport was selected by the GSA and TSA to house the statewide offices that oversee the other federalized Kansas airports after the agencies conducted a search for suitable office space elsewhere in Wichita. The TSA is funding the design and construction of the new suite of offices in the terminal, which is identified as “Block B.” The lease agreement for the Block A space and the future Block B space was approved by the Wichita Airport Authority (WAA) on February 10, 2015.

Analysis: On October 1, 2017, at the time of beneficial occupancy, the TSA moved into the Block B space, which is located on Level 2 of the terminal. The WAA performed the tenant improvements on behalf of the TSA. TSA has agreed to reimburse the WAA for the tenant improvements with a portion to be amortized over a 33 month period. The total cost for TSA’s tenant improvements is $1,300,660.

Financial Considerations: The GSA has agreed to reimburse the WAA for the tenant improvements in a lump sum payment of $1,053,361. The remaining difference of $247,299 shall be amortized through the facility rent at an additional amount of $7,494 monthly between October 1, 2017 and July 15, 2020. The annual facility rent and operating cost for Block A is $87,744, and the base annual facility rent and operating cost for Block B is $161,026. Therefore, the combined base annual rental revenue due to the WAA is $248,770, plus the amortization.

Legal Considerations: The lease amendment has been reviewed and approved as to form by the Law Department.

Recommendations/Actions: It is recommended that the WAA approve the lease amendment.

Attachments: Lease Number GS-06P-LKS41032 Lease Amendment No. 4.

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