Carol Gonzales, City Manager FROM

Transcription

CITY OF SHAWNEE
PACKET MEMORANDUM
TO:
Carol Gonzales, City Manager
FROM:
Cynthia N. Moeller-Krass, P.E., Senior Project Engineer
DATE:
April 29, 2012
SUBJECT:
Interlocal A greement with Johnson County Stormwater fo r the Construction of the
Richards Drive - 77th Street to Seven Hills Lake Storm Drainage Project, P.N. 3365, SMP
MC-021-072.
BACKGROUND
The Governing Body approved the co nstruction contract with P yramid Excavation & Construction, Inc.
for the above referenced project on March 26, 201 2 in the am ount of $295, 505. SKW was awarded the
engineering and construction adm inistration of this projec t at the March 28, 2011, City Council Meeting.
The project work includes upgrading collection system, relining sewer pipe, installing a water quality unit,
regrading yards and adding street inle ts to reduce street flooding. This project is to a lleviate localized
flooding of Richards Drive and periodic flooding of two homes.
DISCUSSION
The attached Interlocal Agreement (ILA) between Johnson County Stormwater Management (SMAC) and
the City is f or cons truction of th e R ichards D rive - 7 7th Street to Seven Hills L ake Storm Drainage
Improvements. This agreem ent co mmits the County to pay 75% of
the eligible construction and
construction engineering costs of the project.
FINANCIAL INFORMATION
Construction of the Rich ards D rive project is in cluded on the CIP for constr uction in 2012. The total
amount included on the CIP for 2011 and 2012 for this project is $190,500. This is budgeted in the City’s
Parks & P ipes Fund. The total projec t budget for engineering, design and constructi on for the Richards
Drive Project is established at $549,000.
Due to negotiated easem ents and a low construction bid, total project cost is now be low the budgeted
amount. The project is partially f unded through SMAC funds. The City’s portion is currently estimated at
$151,600 and is budgeted in the Parks and Pipes F und. The City of Lenexa’s portion is es timated at
$21,000 and will be paid by Lenexa per Interlocal Agreement. The County’s portion of the estimated cost
is now $319,000. The attached ILA is for $386,280, which includes both design and construction costs.
RECOMMENDATION
Staff recomm ends that the Govern ing Body approve and authorize th e Mayor to sign the Interlocal
Agreement with Johnson County in the amount of $386,280 for the Richards Drive – 77th Street to S even
Hills Lake Storm Drainage Improvements, P.N. 3365.
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CITY OF SHAWNEE
PACKET MEMORANDUM
TO:
FROM:
DATE:
April 29, 2012
SUBJECT:
Interlocal Agreem ent with Johnson County S tormwater fo r the Construction of the
Bradshaw Street - 77th S treet to Seven H ills Lake Storm Drainage Project, P.N. 3366,
SMP MC-021-071.
BACKGROUND
The Seven Hills B radshaw Street S torm Drain age Improvements project was listed o n th e Ca pital
Improvement Plan (C IP) for both 2011 and 2012. The Governing Body approved th e construction
contract with Pyramid Excavation & Construction, Inc. fo r the above referenced project on March 26,
2012 in the am ount of $316,923. S KW was awarded the engineering and construction administration
of this project at the March 28, 2011 City Council Meeting.
The project work includes replacing an inadequate storm sewer system, relining storm pipe, installing a
water quality unit, regrading yards and enlarging street inlets to reduce street flooding. In addition, two
adjacent storm sewers have been identified with signif icant maintenance issues. This repair work h as
been included on the contract to lessen repeat construction disturbance to the Seven Hills neighborhood.
This project is to alleviate localized flooding of West 76th Terrace and periodic flooding of two homes.
DISCUSSION
The attached Interlocal A greement (ILA) between Johnson County Stormwater Management (SMAC)
and the City is f or cons truction of the Brad shaw Street - 77th Street to Seven H ills Lake S torm
Drainage Improvements. This agre ement commits the County to pay 75 % of the eligible construction
and construction engineering costs of the project.
Construction of the Bradshaw Stre et project is included on the CIP fo r construction in 2012. The total
amount included on the CIP for 2011 and 2012 for this project is $19 4,000. This is budgeted in the
City’s Parks & Pipes Fund. The tota l project budget for engineering, design and construction for the
Bradshaw Street Project is established at $536,750.
The total project cost is within budget due to ne gotiated easements and a good construction bid, even
with additional maintenance work included in the scope. The proj ect is partially funded (75%) through
SMAC funds. The C ity’s portion is currently es timated at $164,000 and is budgeted in the Parks and
Pipes Fund. The m aintenance work included is bid at $36,388 and is budgeted in the 2012 Storm water
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TO:
FROM:
DATE:
SUBJECT:
PAGE:
April 29, 2012
Interlocal Agreem ent with Johnson County S tormwater for th e Construction of the
Bradshaw Street - 77th S treet to Seven Hills Lake Storm Drainage Project, P.N. 3366,
SMP MC-021-071.
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Utility Fund. The County ’s portion of the estim ated cost is now $307,000. Th e attached ILA is for
$368,130, which includes both design and construction costs.
RECOMMENDATION
Staff recomm ends that the Govern ing Body approve and au thorize the Mayor to sign this Interlocal
Agreement with Johnson County in the am ount of $368,130 for the Bradsh aw Street – 77t h Street to
Seven Hills Lake Storm Drainage Improvements, P.N. 3366.
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CITY OF SHAWNEE
PACKET MEMORANDUM
TO:
FROM:
Paul Chaffee, Planning Director
DATE:
May 4, 2012
SUBJECT:
SUP-2-89-3, Special Use Permit Review, Bonita Johnson Daycare, 12219 West
61st Street
BACKGROUND
This is a review of a special use permit previously issued to Bonita Johnson to operate a group day
care home with up to 10 children, as a home occupation, located at 12219 West 61st Street.
DISCUSSION
This item was on the A pril 16, 2012, Planning Co mmission consent agenda and there was no
discussion about the perm it by the m embers. Attached is a copy of the Planning Comm ission staff
report.
RECOMMENDATION
The Planning Commission by a vote of 6-0 recommended that the Governing Body extend SUP-2-893, a special use perm it previously issued to Bonita Johnson to operate a group da y care home with up
to 10 children as a home occupation, located at 12219 West 61st Street, subject to the conditions listed
in the staff report.
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City of Shawnee
TO:
PLANNING COMMISSION
FROM:
SUBJECT:
PLANNING
DATE: APRIL 16, 2012
STAFF
SUP-2-89-3; SPECIAL USE PERMIT REVIEW
GROUP DAY CARE HOME
12219 WEST 61ST STREET
BONITA JOHNSON
This is a consent item.
This is the scheduled review of a special use permit issued to Bonita Johnson, to operate a group
day care home with up to ten (10) children in her residence, located at 12219 West 61st Street.
SPECIAL USE PERMIT REVIEW
The specia l use perm it was origin ally issued in March 1989 and was last review ed in April
2008. The applicant has subm itted the requ ired fire safety inspection re port and a copy of her
State license, which are attached for review. Staff and public safety officials report no problems
with this facility.
RECOMMENDATION
Staff recomm ends extension of SUP-2-89-3, a special use perm it issued to Bonita Johnson to
operate a group day care hom e with up to te n (10) children, located at 12219 W est 61 st Street,
for a period of four (4) years, subject to the following conditions:
1.
No signage is allowed;
2.
No outside persons shall be employed; and
3.
Review of the special use permit in four (4) years.
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CITY OF SHAWNEE
PACKET MEMORANDUM
TO:
FROM:
DATE:
May 4, 2012
SUBJECT:
SUP-7-81-12, Special Use Permit Review, La Petite Academy, 12850 Shawnee
Mission Parkway
BACKGROUND
This is a re view of a s pecial us e p ermit p reviously is sued to Cen cor, I nc. to op erate L a Pe tite
Academy a child care center with up to 98 children in the CH (Com mercial Highway) zoning district,
located at 12850 Shawnee Mission Parkway.
DISCUSSION
This item was on the A pril 16, 2012 Planning Co mmission consent agenda and there was no
report.
RECOMMENDATION
The Planning Commission by a vote of 6-0 recommended that the Governing Body extend SUP-7-8112, a special use perm it previously is sued to C encor, Inc. to operat e La P etite Academy a child care
center with up to 98 chil dren in the CH (Comm ercial Highway) zoning dist rict, located at 12850
Shawnee Mission Parkway, subject to the conditions as listed in the staff report.
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City of Shawnee
TO:
PLANNING COMMISSION
FROM:
PLANNING
SUBJECT:
STAFF
LA PETITE ACADEMY
12850 SHAWNEE MISSION PARKWAY
STACY BLUM, DIRECTOR
This is the scheduled review of a special use permit issued to CENCOR, INC. t o operate L a
Petite Academ y, a day care cente r, located at 12850 Shawnee Mission Parkway, in the CH
(Commercial Highway) zoning district.
SUP REVIEW
The special use permit was originally issued in 1982 and w as last reviewed in April, 2008. The
facility provides child care for up to 98 children. Staff has receiv ed no complaints regarding
this f acility. Public sa fety of ficials repor t no problem s. The applic ant has sub mitted the
required fire safety inspection report and a copy of the State license.
RECOMMENDATION
Staff recommends extension of SUP-7-81-12 a special use perm it issued to CENCOR, Inc., to
operate La Petite Academy, a day care cen ter in the CH (Commercial Highway) zoning district,
located at 12850 Shawnee Mission Parkway, subject to the following condition:
1.
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CITY OF SHAWNEE
PACKET MEMORANDUM
TO:
FROM:
DATE:
May 4, 2012
SUBJECT:
SUP-1-82-1, Special Use Permit Review, Peppermint Patty’s Daycare, 5602 and
11010 West 56th Terrace
BACKGROUND
This is a review of a special use permit previously issued to Jim and Patty Vore, dba Voreco, Inc., to
operate Peppermint Patty’s, a child care center with up to 28 children, at the facility located at 5603
Nieman Road and up to 40 children at the 11010 West 56th Terrace location.
DISCUSSION
report.
RECOMMENDATION
The Planning Commission by a vote of 6-0 recommended that the Governing Body extend SUP-1-821, a special use perm it pr eviously issu ed to Jim and Patty Vore, dba Voreco, Inc., to operate
Peppermint Patty’s a child care center with up to 28 children at the facility loca ted at 5603 Niem an
Road and up to 40 childr en at the 11010 West 56th Terrace location, subject to the conditions as listed
in the staff report.
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City of Shawnee
TO:
PLANNING COMMISSION
FROM:
PLANNING
SUBJECT:
STAFF
PEPPERMINT PATTY’S
5603 NIEMAN ROAD AND 11010 WEST 56TH TERRACE
JIM AND PATTY VORE, DBA VORECO, INC.
This is the s cheduled review of a special use permit issued to Jim and Patty Vore d ba Voreco,
Inc., to operate Peppermint Patty’s, a commercial day care center on adjacent properties at 5603
Nieman Road and 11010 W est 56 th Terrace. The special use permit was first approved in
January 1982.
SUP REVIEW
The special use perm it was orig inally issued in January 1982, and was last reviewed in April,
2008. The facility is a legal non -conforming use in the R-1 (Si ngle Family Residential) zoning
district. The f acility on Nieman Road is li censed for up to 28 childr en, and the f acility on 56 th
Terrace is licensed for up to 40 children. S taff has not received any co mplaints regarding the
operation of the facilities in recent y ears and public safety officials report no problems with the
facilities. A copy of the current S tate license and fire safety inspecti on are attached for your
review.
RECOMMENDATION
Staff recommends extension of SUP-1-82-1, a special use perm it issued to Jim and Patty Vore
to operate Pepperm int Patty’s, a commercial da y care center as a legal non-conform ing use at
5603 Nieman Road and 11010 West 56th Terrace, subject to the following conditions:
1.
The maximum number of children at the 5603 Nieman Road location shall be 28, and
the maximum number of children at the 56th Terrace location shall be 40; and
2.
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CITY OF SHAWNEE
PACKET MEMORANDUM
TO:
FROM:
DATE:
May 4, 2012
SUBJECT:
SUP-06-07-04, Special Use Permit Review, Arrow Rents, 11330 Shawnee
Mission Parkway
BACKGROUND
This is a review of a special use permit previously issued to Arrow Rents to operate an equipment
rental business in the SMPCH(O) (Shawnee Mission Parkway Commercial Highway (Overlay))
zoning district, located at 11330 Shawnee Mission Parkway.
DISCUSSION
report.
RECOMMENDATION
The Planning Commission by a vote of 6-0 recommended that the Governing Body extend SUP-0607-04, a special use permit previously issued to Arrow rents to operate an equipment rental business in
the SMPCH(O) (Shawnee Mission Parkway Commercial Highway (Overlay)) zoning district, located
at 11330 Shawnee Mission Parkway, subject to the conditions listed in the staff report.
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City of Shawnee
TO:
PLANNING COMMISSION
FROM:
PLANNING
SUBJECT:
STAFF
ARROW RENTS
11330 SHAWNEE MISSION PARKWAY
EQUIPMENT RENTAL
This is the first scheduled review of a special use permit issued to Arrow Rents to operate an
equipment rental business in the SMPCH(O) (Shawnee Mission Parkway Commercial Highway
(Overlay)) zoning district, loca ted at 11330 Shawnee Mission Park way. The special use perm it
was first approved in April 2007.
SUP REVIEW
The special use perm it was originally issued in April 2007 for a period of five years. Staff has
not received any com plaints regarding the operation of the facilities and public safety officials
report no out of the ordinary problems with the business.
RECOMMENDATION
Staff recommends extension of SUP-06-07-04, a special use perm it issued to Ar row Rents f or
the operation of an equipm ent rental busine ss, located at 11330 Shaw nee Mission Parkway,
subject to the following conditions:
1.
The business owner shall m aintain an occupational license from the City Clerk’s office;
and
2.
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CITY OF SHAWNEE
PACKET MEMORANDUM
TO:
FROM:
Bert Schnettgoecke, P.E., Senior Project Engineer
DATE:
May 9, 2012
SUBJECT: Construction and Maintenance Agreement with BNSF Railway Company for Clear
Creek Pedestrian / Bicycle Trail – Phase III
BACKGROUND
Clear Cr eek Pedest rian / Bi cycle Trail – Phase III in cludes approxim ately one mile of tra il f or
walking, jogging, and bicy cling. The trail w ill start at W oodland Drive and connect to the Gary L.
Haller trail along Mill Creek.
The KDOT funding agreem ent for th e project was approved by the Governing Body on August 8,
2011. The contract with TranSystems for design of the trail was approved by the Governing Body on
September 12, 2011. Preliminary plans were approved by Governing Body on January 23, 2012. The
Reimbursement Agreement with Johnson County Park and Recreation D istrict was approved by the
Governing Body on F ebruary 13, 2 012. T he contract w ith TranSy stems for construction phas e
services was approved by the Governing Body on April 9, 2012.
DISCUSSION
A portion of the trail will be cons tructed within right-of-way owned by the Burlington Northern Santa
Fe (BNSF) Railway Company. BNSF requires execu tion of a Constr uction and Maintenance (C&M)
Agreement, which specifies the te rms and conditions for constructi on, maintenance, and use of the
trail. Assistant City Attorney Rainey has reviewed and approved the agreement. A copy is attached.
The C&M Agreement requires installation of a canopy structure (refer to the attached drawings) over
the trail for safety of the trail users including protection from ballast and other objects which m ay fall
from the tracks. Plans for the canopy structure have been submitted and approved by BNSF.
The Contractor selected by the City to install the trail and canopy structure must comply with BNSF
requirements specified in Exhibit C and to si gn an Agreem ent with BNSF (Exhibit C-1). The above
include, but are not limited to, safety and insurance requirements.
BNSF also requires execution of an Easement Agreement (Exhibit D) and Memorandum of Easement
(Exhibit D-1) which set forth the term s and conditions of the permanent and temporary easements for
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TO:
FROM:
DATE:
SUBJECT:
PAGE:
Bert Schnettgoecke, P.E., Senior Project Engineer
May 9, 2012
Construction and Maintenance Agreement with BNSF Railway Company for Clear
Creek Pedestrian / Bicycle Trail – Phase III
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the project. The Mem orandum of Easement will be recorded at th e Johnson County Register of
Deeds.
Funding sources and budget amounts for the project are indicated in the following table.
FUNDING SOURCE
Parks and Pipes
Transportation Enhancement and Congestion Mitigation Air Quality Grants
Johnson County Park & Recreation District (JCPRD)
TOTAL $1,842,000
AMOUNT
$750,000
$992,000
$100,000
The current total project cost estimate is $1,692,000. Federal and JCPRD funds have been committed
to the project and consequently the am ount needed from Parks and Pipes m ay be less than the
budgeted amount.
RECOMMENDATION
Staff recommends the G overning Body approve th e Construction and Mainte nance Agreement with
BNSF Railway Company and authorize the Mayor to sign the Agreement.
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CITY OF SHAWNEE
PACKET MEMORANDUM
TO:
FROM:
Keith Campbell, City Clerk
DATE:
May 3, 2012
SUBJECT:
Dodge City Beef- Cereal Malt Beverage License – On Premises, 11101 Johnson Drive
BACKGROUND
Don and LuAnn Hullm an have subm itted an applicat ion on behalf of Dodge City Beef for a license
for the sale of cereal malt beverages for consumption on the premises located at 11101 Johnson Drive.
DISCUSSION
It is the intention of D
odge Ci ty Beef to plan special events
throughout the year (including
coordinating with events in the downtown area) where the store will set up a grill outside their location
to cook their product. Customers would be invited to try their product on site. Dodge City Beef would
like to offer beer to patrons with the idea that grilling meat and beer is a symbiotic relationship.
Staff has rev iewed the ap plication to determ ine if any answers would disqua lify the applicant from
holding a C ereal Malt B everage Li cense. There were no disqualifying answer s. T he Police and
Planning Departments, along with a representative of the City Attorney’s office, have reviewed the
applications and have offered signatures indicating approval.
The applicant is required to pay a state fee of $25 and a City license fee of $150.
RECOMMENDATION
Staff recomm ends that the Govern ing Body approve a lice nse for Dodge City B eef for the sale of
cereal malt beverages for consumption on the premises through December 2012 provided they submit
the necessary fees required by ordinance for both the City license and for the State of Kansas C ereal
Malt Beverage stamp.
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TO:
FROM:
DATE:
SUBJECT:
PAGE:
92
Keith Campbell, City Clerk
May 3, 2012
Dodge City Beef- 11101 Johnson Drive Cereal Malt Beverage – On Premises
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CITY OF SHAWNEE
PACKET MEMORANDUM
TO:
FROM:
Keith D. Campbell, City Clerk
DATE:
May 8, 2012
SUBJECT:
Massage Es tablishment License for Tam ara Creighton of Tam ara Creighton LLC,
7410 Switzer
BACKGROUND
Tamara Creighton has submitted an a pplication on behalf of Tamara Creighton LLC f or a M assage
Establishment L icense located at 7410 Switzer. The add ress is zoned Planned Office, which is an
accessory use to an allowed primary use. This business will be an accessory to Wellness Connections.
On Novem ber 14, 2011 the Govern ing Body approved a m assage esta blishment license for this
location. This will be the se cond m assage establishm ent worki ng as an accessory to W ellness
Connections.
DISCUSSION
Staff reviewed the application to determine if any of the answers to the questions would disqualify the
applicant from holding a Massage Establishment License. None of the responses would disqualify the
applicant from holding a license.
Tamara Creighton of Tam ara Creighton LLC has paid th e required Massage Establishment License
fee and paid for a business license for the remainder of 2012.
RECOMMENDATION
City staff recomm ends that the Governing Body approve a license thr ough December 31, 2012 for
Tamara Creighton of Tam ara Crei ghton LLC, provided the applican t sa tisfies a ll co nditions of
Shawnee Municipal Code 5.40.
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CITY OF SHAWNEE
PACKET MEMORANDUM
TO:
FROM: Maureen
Rogers, Finance Director
DATE:
May 8, 2012
SUBJECT:
Resolution authorizing the sale of General Obligation Refunding bonds, Series 2012A,
for the refunding of outstanding Internal Improvement Bonds, Series 2003A and 2004A,
on June 11, 2012.
BACKGROUND
The Governing Body, cu stomarily by resolution, au thorizes and fixes the tim e and details of the sale
of General Obligation B onds. Staff has coordinated with the City’s Bond Counsel and Financial
Advisors (Springsted) to structure a proposed debt i ssuance that is anticipate d to save approxim ately
$604,000 by refinancing outstanding debt that was issued in 2003 and 2004.
DISCUSSION
Proposed Bonds
Series 2012A Refunding Bonds
Amount
$11,215,000**
Net
Present
Value
Savings
$603,933
Net
Present
Value
Benefit*
5.385%
Average
Annual
Cash
Flow Savings
$126,676
*Typically refunding is recommended if the Present Value Benefit is over 3.0%.
**The not-to-exceed amount of $11,500,000 reflected in the Re solution allows fo r possible m arket
conditions that would requ ire restructuring the am ount of the bonds in the ca se of a large purchaser
requiring a discount.
Staff and Springsted will apply to Moody’s Investors Services for a rating on the bonds. The City’s
current rating is Aa1.
The refunded bonds have lower paym ents than the original debt issues, a nd improve the long-term
financial forecast. The reduced paym ents and saving s are structured to be spread ev enly ov er th e
timeframe of 2014 – 2019, and begin as early as the pr
ior bonds are elig ible to be called. Series
2012A incorporates the approxim ate maturity term of th e original issues, an d will m ature on
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TO:
FROM:
DATE:
SUBJECT:
PAGE:
Maureen Rogers, Finance Director
May 9, 2012
Resolution authorizing the sale of General Obligation Refunding bonds, Series 2012A,
for the refunding of outstanding Internal Im provement Bonds, Series 2003A and
2004A, on June 11, 2012
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12/1/2019. Series 2003A and 200
4A were originally scheduled to mature on 12/1/2018 and
12/1/2019, respectively. Actu al savings will re flect market conditions on the day of the sale, but are
anticipated to be reasonably close to the projections presented in the table above.
Estimated costs of issuance totaling $68,000 are included in the savings projections.
RECOMMENDATION
Staff recommends adoption of the R esolution authorizing the sale, fixing th e time and place for the
sale of the bonds, and providing for notice thereof.
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CITY OF SHAWNEE
RESOLUTION NO. ______
A RESOLUTION PROVIDING FO
R THE SAL E OF GENE RAL
OBLIGATION INTERNAL IMPR OVEMENT REFUNDING B ONDS,
SERIES 2012A, IN THE PRI
NCIPAL AMOUNT NO T TO EXCEED
$11,500,000 FOR THE PURPOSE OF PAYING
THE COST OF
REFUNDING CERT AIN OUTS TANDING BONDS OF THE CITY AN D
PROVIDING FOR NOTICE THEREOF.
WHEREAS, the Governing Body of the City of Shawnee, Kansas (the “City”) hereby
determines it to be advantageous and in th e best in terest of the City to issu e its Genera l
Obligation Internal Im provement Re funding Bonds, Series 2012A (the “Refunding Bonds”), in
the principal am ount not to exceed $11,500,000 for th e pu rpose of pro viding fund s to refund
certain outstanding bonds heretofore issued by the City as follows:
1.
Internal Improvem ent Bonds, Series 2003A, dated September 1, 2003, in the
original principal am ount of $12,160,000 (t he Series 2003A Bonds ); callable
maturities m aturing Decem ber 1, 2014 through December 1, 201 8, totaling
$4,745,000.
2.
Internal Im provement Bonds, Series 2004A, dated December 1, 2004, in the
original principal am ount of $15,825,000 (the Series 2004A Bonds); callable
maturities m aturing Decem ber 1, 2015 through December 1, 2019 totaling
$6,150,000.
WHEREAS, the portion of the Series 2003A B onds and the Series 2004A Bonds being
refunded are hereinafter collectively the “Refunded Bonds”; and
WHEREAS, the City is authorized to issue
10-427 and 10-427a; and
the Refunding Bonds pursuant to K.S.A.
WHEREAS, the principal am ount of the Refunding Bonds does not exceed the total of
(a) the aggregate am ount of the principal am ount of the Refunded Bonds; (b) the amount of any
interest which has accru ed or will accrue to th e date of payment of the Refunded Bonds; (c) the
amount of any redem ption prem iums required; (d ) the expenses of the City deem ed by the
Governing Body to be necessary fo r issuance of the Refunding Bonds ; and (e) in terest to accrue
on any Refunded Bonds to be placed in escrow as provided in K.S.A. 10-427.
NOW, THEREFORE, BE IT RESOLVED t hat the Refunding B onds in the principal
amount not to exceed $11,500,000 be issued and sold on or about June 11, 2012.
Resolution No.
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BE IT FURTHER RES OLVED that the Mayor, City Manager, Finance Director, City
Clerk, City Attorney, B ond Counsel and appropriat e City officials and st aff are authorized to
more specifically set the tim e on which the Ref unding Bonds are to be sold and the m ethod of
sale and are directed to give notice of sale of the Refunding Bonds and are authorized to take
such other action as necessary and appropriate
to sell and deliver the Refunding Bonds as
provided by K.S.A. 10-106(a).
This Resolution shall take effect and be in full force and effect upon its adoption by the
Governing Body.
The Balance of This Page Has Been Intentionally Left Blank
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THIS RESOLUTION is hereby adopted by the Governing Body of the City of Shawnee,
Kansas, this 14th day of May, 2012.
CITY OF SHAWNEE, KANSAS
By:
(SEAL)
Jeff Meyers
Mayor
ATTEST:
By:
Keith D. Campbell
City Clerk
APPROVED AS TO FORM:
By:
Marvin E. Rainey
City Attorney
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$11,215,000
City of Shawnee, Kansas
Internal Improvement Refunding Bonds, Series 2012A
Crossover Refunding of Series 2003A, 2004A
Preliminary Feasibility Summary
Dated 07/01/2012 | Delivered 07/01/2012
Series 2012
Ref 2003A
Series 2012
Ref 2004A
Issue
Summary
Par Amount of Bonds........................................................................
$4,855,000.00
$6,360,000.00
$11,215,000.00
Total Sources...................................................................................
$4,855,000.00
$6,360,000.00
$11,215,000.00
Total Underwriter's Discount (0.550%).............................................
Costs of Issuance..............................................................................
Deposit to Crossover Escrow Fund...................................................
Rounding Amount..............................................................................
26,702.50
29,437.36
4,797,004.92
1,855.22
34,980.00
38,562.64
6,285,614.67
842.69
61,682.50
68,000.00
11,082,619.59
2,697.91
Total Uses........................................................................................
$4,855,000.00
$6,360,000.00
$11,215,000.00
State and Local Government Series (SLGS) rates for.......................
Date of OMP Candidates...................................................................
4/24/2012
4/24/2012
4/24/2012
Primary Purpose Fund Solution Method............................................
Total Cost of Investments..................................................................
Interest Earnings @ 0.255%..............................................................
Total Draws.......................................................................................
Net Funded
$4,797,004.92
12,138.21
$4,809,143.13
Net Funded
$6,285,614.67
43,405.96
$6,329,020.63
Net Funded
$11,082,619.59
55,544.17
$11,138,163.76
Net PV Cashflow Savings @ 1.166%(Bond Yield)............................
Contingency or Rounding Amount.....................................................
Net Present Value Benefit.................................................................
330,932.70
1,855.22
$332,787.92
270,301.91
842.69
$271,144.60
601,234.61
2,697.91
$603,932.52
Net PV Benefit / $10,895,000 Refunded Principal.............................
Net PV Benefit / $11,215,000 Refunding Principal............................
7.013%
6.855%
4.409%
4.263%
5.543%
5.385%
Average Life......................................................................................
Average Coupon...............................................................................
4.428 Years
1.0345102%
5.436 Years
1.2532267%
5.000 Years
1.1693725%
Net Interest Cost (NIC)......................................................................
Bond Yield for Arbitrage Purposes....................................................
True Interest Cost (TIC)....................................................................
All Inclusive Cost (AIC)......................................................................
1.1587199%
1.1661079%
1.1597928%
1.3016950%
1.3543981%
1.1661079%
1.3551909%
1.4720346%
1.2793766%
1.1661079%
1.2800227%
1.4064895%
Sources Of Funds
Uses Of Funds
Flow of Funds Detail
PV Analysis Summary (Net to Net)
Bond Statistics
Series 2012 Ref 2003A, 20 | Issue Summary | 4/25/2012 | 7:32 AM
100
CITY OF SHAWNEE
PACKET MEMORANDUM
TO:
FROM:
Janet Garms, Esq., Bond Counsel
DATE:
May 8, 2012
SUBJECT:
A Resolution authorizing the City of Shawnee, Kansas, to execute a Special Warranty
Deed, a Release of Real Estate and other release documents and to take certain other
actions to effect the option to pur chase pursuant to the lease agreement relating to the
City’s $14,500,000 Multifa mily Hou sing Rev enue Bond s, Series 2001 (GNMA
Collateralized – Shawnee Station Apartments project)
BACKGROUND
The City passed Ordinance No. 2534 on February 28, 2001, authorizing the issuance of $14,500,000 Multifamily
Housing Rev enue Bon ds, Series 200 1, ( GNMA Collatera lized – Shawnee Station Apartm ents Project) for the
Shawnee Station Apartments Project. The Bonds were issued pursuant to a Trust Indenture dated as of February 1,
2001, by and between the City and Security Bank of Kansas City, as trustee. Revenue bond financing requires title
to the property be conveyed to the City which in turn leases the property back to the Company with an opti on to
purchase the property for a nominal sum when t he bonds are pai d off. The bonds were paid off on Oct ober 20,
2011 and the Company wishes to exercise its option to purchase the project as provided in the Lease Agreement.
DISCUSSION
Governing Body action is required to approve and authorize the Mayor to sign the deed and other documents. The
Special Warranty Deed will limit the City’s conve yance to only the in terest in the p roperty acquired by the Cit y
and reserves to the City any drainage or other easements across the property. The docu ments have been prepared
by Bond Counsel and reviewed by the City Attorney and execution and delivery will fulfill the City’s obligations
under the bond documents and will terminate the City’s interest in the project.
The Company will, on be half of the Ci ty, pay all expenses including the fees of Bond Counsel and the City
Attorney. A tax abatement was not granted for this project.
RECOMMENDATION
The City’s Bond Counsel recommends that the Go verning Body adopt the resolution approving and authorizing
the Mayor to sign the Special Warranty Deed, Release of R eal Estate and other release documents, subject to the
conditions set forth therein and final approval of Bond Counsel and the City Attorney.
4832-8654-8239.1
101
102
CITY OF SHAWNEE
RESOLUTION NO. ____
A RESOLUTION AUTHORI ZING TH E CI TY OF SHAWNEE, KANSAS ,
TO EXECUTE A SPEC IAL WARRANTY DEED, A RELEA SE OF REAL
ESTATE AND OTHER RELEASE D OCUMENTS AN D TO TA KE
CERTAIN OTHER ACTIONS TO EFFE CT THE OPTION TO P URCHASE
PURSUANT TO THE LEASE AGREEMENT RELATING TO THE CITY’S
$14,500,000 MULTI FAMILY HO USING REVENUE BONDS, SERIES 2001
(GNMA COLLATERALI ZED – SH AWNEE STATION APARTMENTS
PROJECT).
WHEREAS, the cit y of Shawnee, Kansas (t he “City”) is authorized pursuant to the
provisions of K.S.A. 12-1740 to 12-1749d, inclusive, as amended (the “Act”), to acquire, purchase,
construct and equip certain facilities (as defined in the Act), and to issue industrial revenue bonds
for the purpose of paying the cost of such f acilities, and to lease such facilities to private persons,
firms or corporations; and
WHEREAS, the City pas sed Or dinance No. 2534 on D ecember 11, 2000 (the
“Ordinance”), authorizing the is suance of its Multif amily Housi ng Re venue Bonds, Serie s 2001
(GNMA Collateralized – S hawnee S tation Ap artments Proj ect) (t he “ Bonds”), i n t he principal
amount of $14,500,000, purs uant t o a Tr ust I ndenture da ted as of Februar y 1, 2001 (the
“Indenture”), by and between the City and Security Bank of Kansas City, as trustee (the “Trustee”),
for the pur pose of provi ding funds t o refund the City’s $12,950,000 Multifamily Housing Re venue
Bonds, Series 2000 (S hawnee Station Apartmen ts Project) and to f inance the acquisition and
construction of a 228-unit commercial multifamily rental residential project located at 6405 Ma urer
Road (the “Project”); and
WHEREAS, the Cit y leased the Pr oject to Sha wnee Stati on Partners hip, L.P., a Texas
limited partnership (the “Company”), pursuant to the Lease Agreement dated as of February 1, 2001
(the “Lease”), by and between the City and the Company; and
WHEREAS, pursuant to Article VI, S ection 6.3 of the Lease, the Company has the opt ion
to purchase, and t he City has agre ed in the Lease to sell, the Proj ect at t he expiration of the Lease
Term following full payment of the Bonds; and
WHEREAS, the Compa ny has advi sed th e C ity th at th e p rincipal of and interest on the
Bonds were paid in full on October 20, 2011; and
WHEREAS, the Compa ny has re quested that t he closi ng for the purchase of the Project
occur on such Closing Date as may be establi shed by the City Mana ger in consultation with Kutak
Rock LLP, the City’s Bond Counsel, the City Attorney and the Company; and
WHEREAS, the City is willing to set th e Closing Date for such da te as may be established
by the City Manager as specified herein; and
Resolution
103
WHEREAS, pursuant to Article VI of the Lease, the Cit y must sell and convey the Project
to the Comp any free and clear of all liens and encumbrances whatso ever except (a) those to which
the title was subject on the date of the Company’s conveyance to the City of the Project or to which
title became subject by th e creation of the Company or with the Company’s written consent, or
which resulted f rom any f ailure of t he Compa ny to pe rform any of its c ovenants or obli gations
under the Lease, (b) taxes and assessments, general and special, if any, and (c) the rights, titles and
interests of any party having cond emned or who is attempting to co ndemn title to, or the use f or a
limited period of, all or any part of the Project; and
WHEREAS, pursuant to Article VI of the Lease, the City will deli ver to the Company
documents properly executed and c onveying the Project to the Company fr ee and clear of all liens
and encumbrances whatsoever except as stated in Section 6.3 of the Leas e upon the receipt by the
City of the certificate of the Trustee that the Bonds have been paid in full and such other documents
and certificates as required by the City’s Bond Counsel and the City Attorney; and
WHEREAS, the Gove rning Body of the City finds and det ermines that it is necessary and
desirable for the City to enter into certain documents and t ake certain other actions and approve the
execution of certain other documents as herein provided to convey the Project to the Company;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERN ING BODY OF TH E
CITY OF SHAWNEE, KANSAS, AS FOLLOWS:
Section 1. Acknowledgment and Approval. The City hereby acknowledges and approves
the Company’s request t o Exercise the Option to Purchase the Project pursuant to the provisions of
the Lease and to set t he Closing Dat e for s uch date as ma y be speci fied by the City Mana ger, in
consultation with Kutak Rock LLP, the City's Bond Counsel, the City Attorney and the Company.
Section 2. Conveyance. The City hereby approves the sa le and conveyance of the Pr oject
to the Company, a s pr ovided i n the Le ase; provi ded, howe ver, that prio r to su ch sale and
conveyance, the City shall have received the certificate of the Trustee that the Bonds have been paid
in full and such other doc uments and certi ficates as requi red by the City’s Bond Counsel and t he
City Attorney. It shall also be a requirement for the sale and conveyance of the Project that no event
of default has occurred or conti nues under the Le ase, including that t he Company i s current in the
payment of all taxes and assessments.
Section 3. Authorization and Execution of Documents. The Mayor is hereby authorized
and directed to execute and deliver the Special Warranty Deed, the Release of Real Estate and such
other doc uments, certi ficates and inst ruments as ma y be ne cessary or de sirable to ca rry out a nd
comply with the intent of t his Re solution, i ncluding t he Amendment to Am ended an d R estated
Regulatory Agree ment and Decla ration of Rest rictive Cove nants date d as of Ma y 1, 2012 (the
“Release Documents”) (copies of said documents shall be filed in the records of the City) for and on
behalf of a nd as the act and dee d of the City. The City Clerk is hereby authorized and dire cted to
attest to and affix the seal of the City to the Release Documents.
Resolution
104
Section 4. Further Authority . The City shall , and the office rs and agents of the Cit y are
hereby aut horized a nd direct ed t o, take such ac tion, expend such funds and e xecute such ot her
documents, certificates and instruments as may be necessary or desira ble to carry out and comply
with the intent of this Resolution and to carry ou t, comply with and perform the duties of the Cit y
with respect to the Release Documents.
Section 5. Effective Date . This Resolution shall take effe ct and be in full f orce from and
after its adoption by the governing body of the City.
Remainder of page intentionally left blank
Resolution
105
THIS RES OLUTION IS HEREBY A DOPTED by the governi ng b ody of the Cit y of
Shawnee, Kansas, this 14th day of May, 2012.
By: ________________________________
Jeff Meyers
Mayor
(SEAL)
ATTEST:
By: ________________________________
Keith D. Campbell
City Clerk
By: ________________________________
Marvin E. Rainey
City Attorney
Resolution
106
CITY OF
F SHAWNEE
E
P
PACKET M
MEMORAND
DUM
TO:
Carol Gonzales,
G
Citty Manager
FROM:
Paul Chaffee,
C
Plann
ning Director
DATE:
May 8,
8 2012
SUBJECT:
Kansaas Neighborho
ood Revitalizaation Act (KN
NRA) Renewaal
ROUND
BACKGR
Staff mad
de a presentattion at the March
M
6, 2012
2, Council C oommittee me eeting, regardiing ren ewal oof ou r
KNRA taax rebate incen
ntive program
m that is due to
t expire in Jaanuary, 2013. The commiittee recommeended
the KNRA
A program bee renewed, an
nd the item bee returned to the May 14, 2012 meetingg for discussiion on
issues ad dressed
d
at t he
h Committe e m eeting. Johnson
J
Couunty,
n John sonn Co unty Pa rrks and Recr eeation
District, Johnson
J
Coun
nty Library District, Johnso
on County Coommunity Coollege and thee Shawnee M
Mission
School Diistrict are parttners in impleementation off the KNRA taax rebate.
DISCUSS
SION
The KNR
RA program in
ncentive is the tax rebate cities
c
are perm
mitted to adoppt by State Staatute to incennt new
developm
ment and redev
velopment in a specific areea. The progrram currentlyy covers the aarea generally north
of 64 th Str
treet, south o f 57 th Street, east of Switzzer (east city limits), and w
west of Qui vvira Road. T hhe tax
rebate is made
m
for a 10
0-year period based upon the
t incrementt increase in aassessed valuue as a result of the
improvem
ment. The increment is estaablished the first
fi year and rremains the saame over the 10-year periood.
on at the Ma rch
r 6 th m eetin
ng ce ntered on
o t wo issue ss. T he first was re gardinng inclu sion oof the
Discussio
propertiess along the s outh
o side of Shawnee
S
Misssion Parkwayy between Moonrovia and C
Caenen Lake Road
that previo
ously had nott been includeed in the map.. These projeects are now iincluded in thhe area as show
wn on
the KNRA
A boundary map
m attached.. Additionallly, staff has st
straightened oout the southeern boundary along
property lines
l
to includ
de all commerrcially zoned properties.
p
The sec on
nd i ssue was in r egards to
o wh ether or not a properrty re ceiving a reb ate undder thi s pr ogrram is
eligible to
o receive any
y other econom
mic incentivees available ffrom the cit y.. The languaage in the exp
xpiring
plan readss:
H.
Properties
P
eliigible for taxx incentives under any oother prograam shall be eeligible to suubmit
ap
pplications under
u
only one
o program
m at a time.
This langu
uage does n ot
o preclude NRA
N
recipientts from receivving additionaal funding froom the Downntown
Loan and Grant prograams. W hen the
t NRA plan
n was establisshed in 2002 the City didnn’t have policces on
107
TO:
FROM:
DATE:
SUBJECT:
PAGE:
May 8, 2012
KNRA Renewal
2
any other incentive tools besides tax abatements (which logically couldn’t be used in conjunction with a
rebate program). The TIF, TDD and CID policies weren’t adopted until 2006, 2008 and 2009 respectively.
In order to keep options open, Staff recommends modifying the language to not prohibit using the NRA in
conjunction with these tools. Governing Body approval for each situation would be required.
If the Governing Body would prefer to state that they would never allow use of the NRA in conjunction
with a nother tool, the la nguage from the current program wo uld rem ain t he sam e as above. If th e
Governing Body wants to leave that o ption open and make decisions based on the indivi dual situations,
staff recommends that t he language in item H un der “Part 10, Standards and Criteria for Review”, be
modified to read:
H. Properties receiving tax rebates under the Kansas Neighborhood Revitalization Act, may also receive
other economic incentives provided by the City upon approval of the Governing Body.
In order to clarify that a property may receive rebates for more than one project during the 10-year period,
item L. under “Part 10, Standards and Criteria for Review”, has been added, and reads:
L. Properties are eligible to receive multiple rebates under the KNRA program provided the project(s)
completed meet the requirements set forth in the KNRA plan, and the base value for the successive
project(s) exceeds the current base value for the previous increment that had been established.
A copy of the proposed KNRA plan is provided for review.
The tax rebate received for the increment due to the i ncreased assessed value of a qualified i mprovement
undertaken in the KNRA a rea will be for a 10-y ear period. All other taxes not related to t he increment
established are collected and distributed to the taxing jurisdictions.
RECOMMENDATION
The Council Committee voted 8-0 to a pprove renewal of the KNRA program and forward the item to the
May 14, 2012 meeting. Action to be taken at this time would be to:
Approve the KNRA Plan and authorize staff to review the Plan with the other participating taxing
jurisdictions prior to holding the series of required public hearings.
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
CITY O
OF SHAWNE
EE
PACKET M
MEMORAND
DUM
TO:
Carol Gonzales,
G
Citty Manager
FROM:
Paul Chaffee,
C
Plann
ning Director
DATE:
Februaary 22, 2012
SUBJECT:
KNRA
A Renewal
BACKGR
ROUND
The Ka nsas
n Nei ghbo
orhood R evittalization A ct
c ( KNRA) provides lo ccal gover nm
ment an econnomic
developm
ment tool to i ncent
n
property
y owners to make
m
new in vvestment in ttheir propertiees. The act aallows
cities to designate p arts
a of the community
c
t hat
h have seeen d eteriorati
tion in the ppast, are currrently
a
to be e lligible for bennefits under the pr ogram. The
deterioratiing, or ha ve the potential for deterior ation
incentive available by statute is a tax
x rebate calcu
ulated on the incremental iincrease in thee assessed vaalue of
mprovement has
h been mad
de by the propperty owner. A KNRA arrea may be crreated
the properrty after an im
for a perio
od of up to ten
n years. The City
C of Shawnee created a KNRA distriict in 2003 thaat encompassses the
downtown
n area.
DISCUSS
SION
The beneffits of the K NRA
N
designaation and inceentives providded in the do w
wntown area over the pa sst nine
years havee been signifiicant. The cu
urrent boundarries are 57th S
Street on the nnorth, the Cityy limits on thee east,
Quivira Road
R
on the so
outh, and the first tier of properties
p
on tthe south sidee of Shawneee Mission Parrkway
on the sou
uth.
The incen
ntive provided
d under the KNRA
K
is a t ax
a rebate on the incremenntal value of the increase in the
assessed value
v
of the property attribu
utable to the improvement
i
t. The rebate is applicable for the ad vaalorem
taxes colleected by the participating
p
taxing
t
entitiess. Agencies pparticipate in tthe current prrogram are thee City
of Shawnee, Johnson County,
C
Johnsson County Community
C
C
College, U.S.D
D. 512, Johnsoon County Liibrary,
and Johnsson County Paark and Recreeation Districtt. Each jurisddiction retainss taxes collected on the asssessed
value pri or
o to the im provement,
p
t he
h ta xes attr ibutable
i
to t hhe land valu ee, and taxes attributable tto the
increased value of the improvement
i
above the inccrement.
e KNR A program
p
will expire on December
D
31 , 20 12. At the Novem bber, 2 011 P laanning
The curr ent
Commissiion/Governin
ng Body work
kshop a presen
ntation was ggiven regardinng extending the program for an
additionall ten years. A discussion was
w also held on
o expandingg the area to bbe included crreating a new larger
KNRA. The
T new are a moves the new
n boundary
y to 55th Streeet on the norrth,
t includes tthe older Monnrovia
133
TO:
FROM:
DATE:
SUBJECT:
PAGE:
February 22, 2012
KNRA Renewal
2
neighborhood west of Quivira north of Joh nson Drive, and older neighb orhoods south of Jo hnson Drive
between Quivira and Pflumm. Commercial areas along both sides of Shawnee Mission Parkway that have
the potential for re vitalization or new developm ent over the next ten years, or bet ween Quivi ra and
Pflumm Road, as well as along Nieman Road from 64th Street to 67th Street were also included.
If the Com mittee is supportive of rene wing the program and the specific cont ents, a resolution will be
presented to the Governing Body earl y this summer. Staff will t hen meet with the participating taxing
bodies to request their continued support of Shawnee’s KNRA program. Required public hearings will be
scheduled in Aug ust an d Septem ber with an o rdinance esta blishing the ne w KNR A to be adopted in
October to go into effect January 1, 2013.
Since the program’s inc eption, 3 0 pro perties a re p articipating i n the progra m. Both re sidential a nd
commercial properties are eligible for the program. To be eligible for inclusion, the appraised value of the
property must increase by $5,000 due to the improvement undertaken. The property owner must pay their
property taxes in full, and then the rebate is made. The rebate calculation is made by the County Treasurer
and forwarded to the City. A rebate of 90% of the eligible taxes is made to the property owner, and 10%
remains in the Neighborhood Revitalization Fund. In 2010, $234,259.51 was rebated to property owners,
and $23 ,425 was placed into the Neig hborhood Re vitalization Fund. These fund s are use d to provide
partial funding for the Downtown Improvement Grants provided for exterior improvements undertaken by
downtown businesses.
RECOMMENDATION
Staff recommends the Committee provide direction regarding the desire to renew the KNRA incentive. If
a consensus is reached, st aff will prepare the docum ents necessary for preparation of a resolution for
consideration in Ma y, 2 012 an d begi n m eeting wit h the oth er t axing a gencies. If the consensus is to
request staff to provide additional information, the item will return to the May Council Committee meeting
for final action prior to preparation of a resolution for the first meeting in June.
134
CITY OF SHAWNEE
PACKET MEMORANDUM
TO:
FROM:
Doug Wesselschmidt, P.E., Director of Development Services
DATE:
April 24, 2012
SUBJECT:
Vacation of Excess Street Right-of-Way at the Southeast Corner of 51st Street and
Quivira Drive – Set Date for Public Hearing
BACKGROUND
In 2006, as part of the n egotiations to acquire ad ditional right-of-way, a tem porary construction
easement, drainage easem ent, and utility easement from Dona ld and Donna Marrs for the 51 st
Street Im provement Pr oject (P.N. 3308), between Quivira Drive and Rosehill Ro ad, City staf f
agreed to:
. . . recommend to the Governing Body the vacation of right of way described . . .
without representation, guarantee, or statement of title or interest upon the
adoption and approval of such vacation by the Governing Body of the City. . . .
Generally, the Governing Body is authorized by K.S.A. 12-504 et seq. to vacate any street, alley,
or public reservation such as, but not lim ited t o, public easem ents, dedicated building setback
lines, and access control. More specifically, the Governing Body’s authority to vacate rights-ofway is established by K.S.A. 13-443, which states in part:
The governing body of the city shall have the power . . . to vacate and close any
street, avenue, alley or lane or portion thereof.
Typically, the Governing Body exercises this power upon submission of a petition requesting the
vacation of a street, alley, easem ent, or pub lic reservatio n by the o wner or ow ners of th e
adjoining land. However, K.S.A. 12-504 also provides that a governin g body m ay initiate an
action to vacate streets, alleys, easements, or public reservations.
Before taking any action on a petition, a govern ing body must publish a notice of public hearing
on the m atter in the of ficial city newspaper at least 20 days prior to
said hearin g. At the
conclusion of the public hearing, the governin g body having heard such testim ony as m ay be
produced before it, and such other testim ony as required in order to fu lly understand the true
135
TO:
FROM:
DATE:
SUBJECT:
PAGE:
May 10, 2012
2
natures of the petition and the propriety of granting the sam e, the governing body shall order the
vacation if the governing body determines from the proofs and evidence presented that:
(i)
(ii)
(iii)
(iv)
due and legal notice was given as required, and
no private rights will be injured or endangered by such vacation, and
the public will suffer no loss or inconvenience thereby, and
in justice to the petitioner the prayer of the petition ought to be granted.
However, the governing body shall not grant a vacat ion, if a written ob jection is filed with the
city clerk, at the tim e of or before the public hearing, by any owner or adjoining owner who
would be a proper party to the petition, but has not joined in such petitio n. When only a portion
of a street, alley, easem ent, or public reservation is proposed to be vacated, the petitio n shall not
be granted if a written o bjection is filed with the city clerk by any owner of lands which adjoins
the portion to be vacated.
Any order approving a vacation shall provid e for th e reservation to th e city and the owners of
any lesser rights for public ut ilities, easements for such public service facilities originally held in
such streets, alleys, easements, or public reservations then in existence and use. Furthermore, the
governing body may reserve to the city and public ut ilities such easements as in the judgm ent of
the governing body are necessary or desirable for public service.
Action by the governing body must be taken by passage of an ordinance in ordering the vacation
of streets, alleys, easements, or other public reservations. The ordinance must be published in
the official city newspaper and filed with the county clerk and the register of deeds.
Once the vacation becomes effective, K.S.A. 12-506 specifies that:
The streets, alleys and other public reservations which may be so vacated shall
revert to the owners of the real estate immediately abutting thereon, according to
the frontage of such real estate thereon: Provided, That all lands so reverting
shall revert to the owners of abutting lands holding the same title derived directly
or indirectly from the owners of said lands from which said street or alley or
public reservation was originally platted.
Similarly, K.S.A. 13-443 states, in part:
When any street, avenue, alley or lane is vacated it shall revert to the owners of
land thereto adjoining on each side, in proportion to the frontage of such land,
except in cases where such street, avenue, alley or lane may have been taken for
public use in a different proportion, in which case it shall revert to the adjoining
land in the same proportion as it was taken from it.
136
TO:
FROM:
DATE:
SUBJECT:
PAGE:
May 10, 2012
3
DISCUSSION
The subject right-of-way was acquired as an unus able remnant from the Joe Bross property as
part of the Pflumm Road St reet Improvement Project (P.N . 3156), between Johnson Drive and
51st Street. The portion of the Bro ss property located west of the ne w street was later platted as
the Woods of Hidden Valley subdivision.
Because no ne of the su bject right-o f-way was ta ken from the Donald R. Marrs property, City
staff has excluded a strip of land 30 feet in width from the area to b e vaca ted to ensure tha t
access can be maintained from Quivira Drive to the Marrs property. W hile it will remain within
the public right-of-way, the ex isting driveway w ill s till be considered a priv ately m aintained
“driveway approach,” although longer than most such approaches.
In addition to the required publication of a notice of public hearing, s taff will send letters to all
current owners of land adjoining the right-of-way to be vacated as a “proper party” to a vacation
petition. Those owners are: Chri stopher H. and Sonja Scott Rone; Boleslaw Konefal, etal; The
Deborah Lynn Schm idt Revised Living Trust; Woods of Hidden Valley Hom es Association,
Inc., and Donald R. Marrs.
As standard practice, staff will also send notices of the proposed vacation to all utility companies
known to serve th is area to determ ine whether any com pany will require the reservation of a
public utility easem ent on any portion of the vaca tion right-of-way to o perate and m aintain any
existing facilities.
The fee for preparation of a lega l description for the area proposed to be vacated was $750. The
costs associated with a vacati on p etition its elf are lim ited to the publication of the notice of
public hearing and, if approved, th e vacation ordi nance, which are typically less than $200 .
There is not a fee for filing a right-of-way vacation.
If the vacation is granted, then 0.818 acres of land will be returned to the tax rolls.
RECOMMENDATION
City staff recommends that the Governing Body direct staff to cause:
1)
The regular meeting of City Council at City Hall on Monday, June 25, 2012, at 7:30 p.m.,
to be set as the tim e and place to conduct a pu blic hearing on the prop osed vacation of
two tracts o f excess street righ t-of-way at the s outheast corner of 51 st Street and Quivir a
Drive;
2)
A notice of public hearing to be published once in the offici al city newspaper at least 20
days prior to said public hearing;
137
TO:
FROM:
DATE:
SUBJECT:
PAGE:
May 10, 2012
4
3)
Notices of the public hearing to be mailed at least 20 days prior to said hearing by regular
mail to all owners of land, who could be
a proper party to vaca tion petition, advising
them of the governing body’s consideration to vacate said right-of-way and their possible
underlying interest in the land if vacated; and,
4)
Notices of the proposed vacation to be m ailed at least 20 days prio r to said hearing by
regular mail to all utility com panies known to serve the area and requesting infor mation
on whether they will require the reservation of a public ut ility easem ent over all or a
portion of the area to be vacated to cont
inue the operation and m aintenance of any
existing facilities.
138
Site Plan for the Vacation of Public Right-of-Way
Southeast Corner of 51st Street & Quivira Drive
°
1 inch = 100 feet
I
QU
A
VIR
DR
W5
1ST
(Rone)
ST
Rone
Tract 1
0.511 acres
(Konefel)
Private Driveway in Public
Street Right-of-Way
W 5 1ST C
T
(Konefel)
Konefal
Tract 2
0.308 acres
(Woods of Hidden Valley
Homes Association, Inc.)
Marrs
Woods of Hidden Valley
Homes Association, Inc.
(Schmidt)
Schmidt
B
AL
AN
ERV
ST
139
140
CITY OF SHAWNEE
PACKET MEMORANDUM
TO:
FROM:
Cynthia Moeller-Krass, P.E. Senior Storm Drainage Engineer
DATE:
April 29, 2012
SUBJECT:
Phase II F inal P lans, Ordinance and Reso lution Authorizing Ac quisition of Private
Property for the Edgewood Boulevard and L arsen St. Storm Drainage Improvements,
P.N. 3368, CDBG 2011/2012
BACKGROUND
The Capital Improvement Plan includes constructing Phase II of a two-year Community Development
Block Grant (CDBG) project. T he Governing Body approved the CDBG appl ication at the August
22, 2011 meeting for Phase II of the E dgewood Boulevard and Larsen S treet project. This is located
in the T omahawk Hills neighborhoo d. The U.S. Departm ent of Housing and U rban Developm ent
notified the City on Ap ril 9, 2012 that we w ill be awarded our requested 2 012 funding. W e will be
receiving $165,855 for the Tomahawk Hills infrastructure project.
J2 Environm ental and Engineeri ng D esign has com pleted final plan s for Phase II s torm drain age
improvements in the area of Edge wood and Larsen. The Governing Body approved the Preliminary
Plans and authorized staff to acqui re necessary easem ents at the Ju ly 11, 2011 Council Meeting.
Phase II of this project includes upgrading portions of the existing stormwater system and adding five
inlets and 520 linear feet of piping from two loca tions where th e Phase I pr oject terminated. T his
Phase II wo rk will conn ect on to th e Phas e I p roject approxim ately m id-block southwest of the
intersection of Goddard and Edgewood. Acquisitio n of perm anent and tem porary easem ents is
required to proceed with the project.
DISCUSSION
Two neighborhood meetings were held in 2011 and one on April 19, 2012 to pres ent and discuss the
preliminary plans, final pl ans and easement requirements. Eight affected residents attended the 2011
meetings and only two attended the 2012 final plans meeting. Staff has individually m et or spoken
with four additional residents affected by Phase II work recently. Residents were able to discuss with
staff any concerns they had about the project. Residents were in fa vor of the projec t as presented on
the plans and discussed at the meeting.
141
TO:
FROM:
DATE:
SUBJECT:
PAGE:
April 29, 2012
P.N. 3368, CDBG 2011/2012
2
In order to construct in the fall of 2012, we must
initiate imm ediate acquisition of easem ents.
Easement acquisition is required on five properties for Phase II of this project. On July 11, 2011, the
Governing Body authorized staff to acquire these easem ents initia lly by offering tie red flat fees.
Initial easement offer letters have been mailed to affected residents. Easem ents have been obtained
for two properties but have not been received for the remaining three properties.
According to Policy Statement - 33 (PS-33), easements on projects receiving outside funding are to be
acquired through the condem nation process. An Easem ent Acquisition Summ ary Table of the
required three tracts has been included in the accompanying resolution and ordinance. This method of
acquisition can take 90 days. Actual expenditures for easements will no t be incurred for at least 30
days due to procedural requirements. Any requested easements received directly from residents in this
interim period will be rem oved from the em inent domain process. By initiati ng this lengthy process
while still negotiating with affected residents, the City can potentially save money and reduce the time
delay to initiate construction.
The Tomahawk Hills neighborhood was platted around the existing 70-foot wide easement containing
the Southern Star gas transm ission line. Add itional easement is requ ired to relocate sanitary sewer,
water lines, and proposed storm se wer further away from the Southe rn Star gas line which bisects
Edgewood Boulevard.
Since construction of this proj ect is partially funded through CDBG funds, CDBG funding guidelines
and procedures m ust be followed. CDBG fundi ng guidelines proh ibit expenditur e of funds on
easement or right-of-way acquisition.
FINANCIAL
The total project cost is estim ated at $578,000. Phase I work costs totaled $418,000. P hase II costs
are estimated at $246,000 and will be partially funded through 2012 CDBG funds. The 2012 CDBG
allocation was recently revised up ward to $165,855. The C ity’s 2012 portion of the pr oject includes
non-CDBG eligible item s, design and construction costs over the CDBG cap and are estim ated at
$81,000 and will be paid for with St ormwater Utility funds. Only li mited budgeted f unds remain to
acquire eas ements for P hase II. Easem ent acqu isition th rough co ndemnation is es timated to co st
$24,000 for Phase II, and it is expected that each easem ent ac quired from the tier ed rate structure
offering could save the C ity $600. If all easem ents are acquired by ti ered rate struct ure, Phase II
easements would cost $7,600.
RECOMMENDATION
Staff recommends the Governing Body take the following action:
a)
142
Approve the final plans and authorize staff to advertise this project for bids;
TO:
FROM:
DATE:
SUBJECT:
PAGE:
April 29, 2012
P.N. 3368, CDBG 2011/2012
3
b)
Adopt the resolution to ac quire easements on the th ree tracts of private property identified in
the Easement Acquisition Summary Table for Edgewood Boulevard & Larsen Phase II Storm
Drainage Improvements; and
c)
Approve the ordinance to acquire easements on the three tracts of private property identified in
the Easement Acquisition Summary Table for Edgewood Boulevard & Larsen Phase II Storm
Drainage Improvements.
143
144
Easement Acquisition Summary
Edgewood Boulevard Larsen St. Storm Drainage Improvements Phase II
P.N. 3368
TRACT NO.
15
17
19
OWNER MAILING ADDRESS
Michael P. Hunter
7215 Edgewood Boulevard
Shawnee, KS 66203
Deanna C. Nguyen and
Antonie V. Nguyen
10506 W. 73rd Street
Shawnee, KS 66203
Kenneth Adam Shaw and
Janice Michele Shaw
Shawnee, KS 66203
SITUS ADDRESS
COUNTY PARCEL ID
7215 Edgewood Boulevard
QP78400009 0032
QP78400009 0010
QP78400008 0004
MORTGAGEE
Wells Fargo
405 SW 5th Street
Des Moines, IA 50309
T.C.E. (S.F.)
U.E. (S.F.)
425
1275
U.S. Bank Home Mortgage
4801 Frederica Street
Owensboro, KY 42301
1890
904
Cendant Mortgage/PHH
6000 Atrium Way
Mount Laurel, NJ 08054
350
N/A
Cost ( $)
145
CITY OF SHAWNEE
STORM DRAINAGE IMPROVEMENT
EDGEWOOD BOULEVARD AND LARSEN STREET
PROJECT NO. 3368, PHASE II
RESOLUTION NO. XXXX
A RESOLUTION DECLARING IT NECESSARY TO APPROPRIATE PRIVATE PROPERTY
FOR THE USE OF THE CITY FOR THE PURPOSE OF CONDUCTING A SECOND
PHASE OF STORM DRAINAGE IMPROVEMENTS IN THE VICINITY OF EDGEWOOD
BOULEVARD AND LARSEN STREET, AND AUTHORIZING A SURVEY AND
DESCRIPTION OF THE LAND OR INTEREST TO BE ACQUIRED
BE IT NOW RESOLVED by the Governing Body of the City of Shawnee, Kansas,
that:
1.
It is hereby declared necessary to acquire private property the completion of a
second phase of storm drainage improvements in the vicinity of Edgewood Boulevard from
74th Street to 72nd Street from West of Larsen to Switzer, including the replacement of
existing failed storm drainage facilities and improve an inadequate collection system, the
addition of new inlets along Edgewood and 73rd Street, construction of related storm
drainage facilities, and all other work necessary and incidental thereto.
2.
It is hereby authorized and directed that a survey and description of the land
or interest to be acquired be made by a licensed land surveyor or a competent professional
engineer and filed with the City Clerk.
3.
This Resolution shall be published one (1) time in an official City newspaper.
ADOPTED by the Governing Body this 14th day of May, 2012.
APPROVED AND SIGNED by the Mayor this 14th day of May, 2012.
______________________
Jeff Meyers, Mayor
ATTEST:
__________________________
___________________________
Marvin E. Rainey, City Attorney
146
Resolution No. XXXX
Page 2
I hereby certify that the foregoing is the original Resolution that said Resolution was passed
on the 14th day of May, 2012, that the record of the final vote on its passage is found on
page _______ of the Journal No. _______; and that it was published in the Shawnee
Dispatch, an official City newspaper on the _______ day of ___________, 2012.
__________________________
147
CITY OF SHAWNEE
STORM DRAINAGE IMPROVEMENT
EDGEWOOD BOULEVARD AND LARSEN STREET
PROJECT NO. 3368, PHASE II
ORDINANCE NO. XXXX
AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LAND
OR AN INTEREST THEREIN BY CONDEMNATION FOR THE PURPOSE OF
CONDUCTING PHASE II OF STORM DRAINAGE IMPROVEMENTS IN THE VICINITY OF
EDGEWOOD BOULEVARD AND LARSEN STREET, AND AUTHORIZING A SURVEY
AND DESCRIPTION OF THE LAND OR INTEREST TO BE ACQUIRED
WHEREAS, the Governing Body of the City of Shawnee, Kansas, has by Resolution
No. XXXX declared the necessity to appropriate private property for the completion of a
second phase of storm drainage improvements in the vicinity of Edgewood Boulevard from
74th Street to 72nd Street from West of Larsen to Switzer, including the replacement of
existing failed storm drainage facilities and improve an inadequate collection system, the
addition of new inlets along Edgewood and 73rd Street, construction of related storm
drainage facilities, and all other work necessary and incidental thereto; and has authorized
a survey and description of the land or interest to be condemned to be made by a licensed
land surveyor or a competent professional engineer and filed with the City Clerk; and
WHEREAS, such survey and description has been made and filed with the City
Clerk.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE
CITY OF SHAWNEE, KANSAS THAT:
SECTION 1. It is hereby authorized and provided that the land or interest
hereinafter set forth be acquired by condemnation the completion of a second phase of
storm drainage improvements in the vicinity of Edgewood Boulevard from 74th Street to
72nd Street from West of Larsen to Switzer, including the replacement of existing failed
storm drainage facilities and improve an inadequate collection system, the addition of new
inlets along Edgewood and 73rd Street, construction of related storm drainage facilities,
and all other work necessary and incidental thereto, to wit:
SECTION 2. It is further authorized and provided that as soon as practical, after
enactment of this Ordinance, action be initiated to exercise the power of eminent domain in
accordance with K.S.A. 26-201, et seq., the Eminent Domain Procedure Act, to condemn
all land hereinbefore described.
SECTION 3. This Ordinance shall take effect and be in full force and effect from and
after its publication in an official City newspaper as provided by law.
148
Ordinance No. XXXX
TRACT OWNER MAILING NO. ADDRESS 15 Michael P. Hunter 7215 Edgewood Blvd Shawnee, KS 66203 17 Deanna C. Nguyen and Antonie V. Nguyen 10506 W. 73rd Street Shawnee, KS 66203 19 Kenneth Adam Shaw and Janice Michele Shaw 10501 W. 73rd Street Shawnee, KS 66203 Page 2
SITUS ADDRESS COUNTY PARCEL ID MORTGAGEE 7215 Edgewood Blvd QP78400009 0032 Wells Fargo 405 SW 5th Street Des Moines, IA 50309 425 1275 QP78400009 0010 U.S. Bank Home Mortgage 4801 Frederica Street Owensboro, KY 42301 1890 904 QP78400008 0004 Cendant Mortgage/PHH 6000 Atrium Way Mount Laurel, NJ 08054 350 N/A 10506 West 73rd Street 10501 West 73rd Street T.C.E. (S.F.) U.E. (S.F.) Cost ( $) 149
Ordinance No. XXXX
Page 3
PASSED by the Governing Body this 14th day of May, 2012.
_____________________
Jeff Meyers, Mayor
ATTEST:
__________________________
__________________________
Marvin E. Rainey, City Attorney
I hereby certify that the foregoing is the original ordinance; that said ordinance was passed
on the 14th day of May, 2012; that the record of the final vote on its passage is found on
page___ of the Journal No. __________; and that it was published in the Shawnee
Dispatch, an official City newspaper on the _______ day of _____________, 2012.
_______________________
150
151
152
CITY OF SHAWNEE
PACKET MEMORANDUM
TO:
FROM:
Paul Lindstrom, P.E., Senior Project Engineer
DATE:
May 4, 2012
SUBJECT:
Bids for the Blackfish Parkway Project, Lackman to Westgate, P.N. 3373
BACKGROUND
The Blackfish Parkway Rehabilitation project is included on the Capital Improvement Program (CIP)
for 2012. The Blackfish Parkway Rehabilitation project includes mill and overlay of pavement, curbs
and sidewalk removal and replacement as n eeded, median repair, storm drainage repair, street light
LED retrofit, and pavem ent markings. The fina l plans were approved at the March 26, 2012, City
Council meeting.
DISCUSSION
Sealed bids were taken on April 27, 2012 for this project. Eight contractors subm itted bids, which
have been reviewed by staff. A su mmary of is included. The successfu l bid is from McAnany
Construction, Shawnee, KS, in the amount of $908,590.06.
Construction is scheduled to begin by the first week of June 2012 and be complete by the end of July.
This project will require partial closure of Blackfish Parkway throughout the construction process and
traffic will b e properly detoured for each phase. Prio r to com mencing construction, staff will notif y
all homes associations within the area of this project. Inspection will be done by City staff.
The total project budget is establi shed at $910,000. This construction portion of the project is pa rtially
funded (5 0%) throu gh C ARS fun ds and the rem aining po rtion is fun ded through the City’s Street
Maintenance program. Based o n the bid from McAnany Construction, the construction cost is within the
budgeted amount for this work.
RECOMMENDATION
Staff recommends the Governing Body approve the bid from McAnany Construction, Shawnee, Kansas, in
the amount of $908,590.06 and authorize the Mayor to sign the construction contract.
153
154
CITY OF SHAWNEE
JOHNSON COUNTY, KANSAS
BLACKFISH PARKWAY REHABILITATION – LACKMAN TO WESTGATE
LETTING DATE: April 27, 2012
BID OPENING
LETTING TIME: 10:00 AM.
BID BOND
SUMIITTED
TOTAL BID AMOUNT
X
$908,590.06
LOW BIDDER
X
$1,065,567.50
X
$1,067,759.38
X
$940,988.90
X
$1,072,777.15
Freeman Concrete Construction
P.O. Box 860102
Shawnee, KS 66286
X
$952,325.86
Kansas Heavy Construction
19245 State Avenue
Tonganoxie, KS 66086
X
$1,049,779.75
O’Donnell & Sons Construction
15301 Broadmoor Street
Overland Park, KS 66223
X
$942,181.65
CONTRACTOR'S
NAME & ADDRESS
McAnany Construction
15320 Midland Drive
Shawnee, KS 66217
Amino Brothers Company
8110 Kaw Drive
Kansas City, KS 66111
Seal – O – Matic Paving
2601 NW Tullison Road
Riverside, MO 64168
JM Fahey Construction
408 High Grove Road
Grandview, MO 64030
APAC Kansas
th
7413 W. 130
Overland Park, KS 66213
ENGINEERS ESTIMATE
$998,814.00
155
156
CITY OF SHAWNEE
PACKET MEMORANDUM
TO:
FROM:
Tonya Lecuru, Deputy Director Parks and Recreation
Sean Keenan, Recreation Specialist - Aquatics
DATE:
May 10, 2012
SUBJECT:
Consider a Resolution to Kansas City Metro Cryptosporidiosis Response Plan
BACKGROUND
At the end of the 2011
aquatic season, the area experienced a Crypto sporidiosis ou tbreak. The
Shawnee pools were not actually infected; however, at the reco mmendation of the Johnson County
Health Departm ent, Shawnee aquatic facilities along with n early all area aquatic facilities closed
several days early to prevent further infection.
Cryptosporidiosis is a parasite th at ex hibits s ymptoms f rom headac he and fever to severe diarrhea.
Symptoms present themselves within 10 days of infection and the i ndividual remains contagious for
up to two weeks. Although public pools remain the safest avenue for recreational swimming in terms
of water c leanliness and f iltration, th e cryp tosporidiosis parasite exh ibits chlo rine re sistant fea tures
making it more difficult to eliminate quickly and effectively.
DISCUSSION
Shawnee and surrounding governme nt agencies m et with th e Johnson County Health and
Environment Department in fall 20 11 to discuss ways to f acilitate communication in the e vent of a
future occurrence. The Cryptospo ridiosis Outbreak Education and Action Plan was developed as a
model plan and a copy of the plan is attached. In the event of a docum ented case of cryptosporidium
in our area, pages 7-8 include a suggested response plan.
Staff has reviewed the plan with the Parks and Recreation Board and they unanimously recommended
adoption of the plan.
There is no direct financial impact of adopting this response plan.
157
TO:
FROM:
DATE:
SUBJECT:
PAGE:
Tonya Lecuru, Deputy Director Parks and Recreation
Sean Keenan, Recreation Specialist-Aquatics
April 17, 2012
Kansas City Metro Cryptosporidiosis Response Plan
2
RECOMMENDATION
The Parks and Recreation Board recommended the Govern ing Body adopt a Resolu tion to adopt the
Regional Cryptosporidiosis Outbreak Education and Action Plan.
158
CITY OF SHAWNEE
RESOLUTION NO. ______
A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF SHAWNEE, KANSAS,
ADOPTING THE REGIONAL CRYPTOSPORIDIOSIS OUTBREAK EDUCATION AND
ACTION PLAN
WHEREAS, each year, nearly 1,000,000 visits are made to publicly owned swimming
pools in Johnson County, KS and more than 2,000,000 visits are made to publicly owned
swimming pools in the Kansas City Metro area; and
WHEREAS, Parks and Recreation professionals across the Kansas City Metro area
recognize the importance of providing opportunities for safe and healthy swimming; and
WHEREAS, preventing Cryptosporidiosis and other Recreational Water Illness
outbreaks through public education and awareness efforts is a priority for Parks and
Recreation professionals and Public Health officials; and
WHEREAS, lessons learned from a recent community-wide cryptosporidiosis outbreak
underscore the importance of pre-planning with good communication and rapid, consistent
action.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY
OF SHAWNEE, KANSAS, that the attached Cryptosporidiosis Outbreak Education and Action
Plan is adopted as an effective way to prepare for and respond to a regional outbreak of
Cryptosporidiosis.
Adopted by the Governing Body this 14th day of May, 2012.
__________________________
Jeff Meyers, Mayor
ATTEST:
_____________________________________
_____________________________________
Marvin Rainey, City Attorney
159
CRYPTOSPORIDIOSIS OUTBREAK
EDUCATION AND ACTION PLAN
A MODEL DOCUMENT DEVELOPED BY COMMUNITIES IN
JOHNSON COUNTY, KANSAS AND THE SURROUNDING AREA
Spring 2012
160
Table of Contents
Definition………………………………………………………………………………...... 3
Symptoms…………………………………………………………………………………..3
Causes…………………………………………………………………………………….. 3
Risk Factors………………………………………………………………………………...4
Complications……………………………………………………………………………...4
Cause for Action…………………………………………………………………………...5
Public Education…………………………………………………………………………..5
Additional Educational Materials……………………………………………………… 5-6
Inter-Agency Communications Plan…………………………………………………… 7
Inter-Agency Response Plan…………………………………………………………….8
Information/Assistance Provided by Johnson County KS, Department
Of Health and Environment………………………………………………………………8
Media Response Statement………………………………………………………………9
Other Recreational Water Illnesses …………………………………………………….10
Recommended Treatment for a Crypto Contaminated Pool…………………………11
Participating Professionals and Agencies……………………………………………..14
Resources, References, and Documents……………………………………………...15
KCMAC Approved Informational Poster………………………………………………..16
2
161
Definition
Cryptosporidium infection (cryptosporidiosis) is a gastrointestinal disease whose primary symptom is
diarrhea. The illness begins when the tiny cryptosporidium parasites enter your body and travel to your
small intestine. Cryptosporidium (krip-toe-spo-RID-ee-um) then begins its life cycle inside your body —
burrowing into the walls of your intestines and then later being shed in your feces. In most healthy
people, a cryptosporidium infection produces a bout of watery diarrhea and the infection usually goes
away within a week or two. If you have a compromised immune system, a cryptosporidium infection
can become life-threatening without proper treatment. You can help prevent cryptosporidium by
practicing good hygiene and by avoiding drinking water that hasn't been boiled or filtered. By Mayo
Clinic staff
1
Symptoms
The first signs and symptoms usually appear two to seven days after infection with cryptosporidium
and may include:
●
●
●
●
●
●
●
Watery diarrhea
Dehydration
Weight loss
Stomach cramps or pain
Fever
Nausea
Vomiting
Symptoms may last for up to two weeks, though they may come and go sporadically for up to a month,
even in people with healthy immune systems. Some people with cryptosporidium infection may have
no symptoms. By Mayo Clinic staff 1
Causes
Cryptosporidium infection begins when you ingest the cells of one of nearly a dozen species of the
one-celled cryptosporidium parasite. The Cryptosporidium parvum (C. parvum) species is responsible
for the majority of infections in humans. These parasites then travel to your intestinal tract, where they
settle into the walls of your intestines. Eventually, more cells are produced and shed in massive
quantities into your feces, where they are highly contagious. You can become infected with
cryptosporidium by touching anything that has come in contact with contaminated feces. Methods of
infection include:
●
Swallowing or putting something contaminated with cryptosporidium into your mouth
●
Drinking water contaminated with cryptosporidium
●
Swimming in water contaminated with cryptosporidium and accidentally swallowing some of it
●
Eating uncooked food contaminated with cryptosporidium
●
Touching your hand to your mouth if your hand has been in contact with a contaminated
surface or object
●
Having close contact with other infected people or animals — especially their feces — which
can allow the parasite to be transmitted from your hands to your mouth
3
162
If you have a compromised immune system from HIV/AIDS, you're more susceptible to illness from
cryptosporidium than is a person with a healthy immune system. People with HIV/AIDS can develop
severe symptoms and a chronic, persistent form of disease that may be difficult to treat.
-By Mayo Clinic staff
1
Hardy Parasites
Cryptosporidium is one of the most common causes of diarrhea in humans. This parasite is difficult to
eradicate because it's resistant to many chlorine-based disinfectants and can't be effectively removed
by many filters. Cryptosporidium can also survive in the environment for many months at varying
temperatures, though the parasite can be destroyed by freezing or boiling.
The Center for Disease Control states that “It has a tough outer shell that allows it to survive for a long
time in the environment. It can survive for days in properly chlorinated pools”.
Risk Factors
People who are at increased risk of developing cryptosporidiosis include:
● Those who are exposed to contaminated water
● Children, particularly those wearing diapers, who attend child care centers
● Parents of infected children
● Child care workers
● Animal handlers
● Those who engage in oral-to-anal sexual activity
● International travelers, especially those traveling to developing countries
● Backpackers, hikers and campers who drink untreated, unfiltered water
● Swimmers who swallow water in pools, lakes and rivers
● People who drink water from shallow, unprotected wells
1
Complications
Complications of cryptosporidium infection include:
● Malnutrition resulting from poor absorption of nutrients from the intestinal tract (malabsorption)
● Severe dehydration
● Significant weight loss (wasting)
● Inflammation of a bile duct - the passage between the liver, gallbladder and small intestine
● Inflammation of the gallbladder, liver or pancreas
The cryptosporidium infection itself isn't life-threatening. However, if you've had a transplant or if you
have a weakened immune system, developing complications can be dangerous.
1
Cause for Action
Lessons learned from the August, 2011 Johnson County, KS area-wide outbreak of cryptosporidiosis
precipitated metro area parks and recreation professionals to form a task force to review the existing
countywide outbreak response procedures and to develop a plan to be used on a go forward basis.
The Center for Disease Control reminds us that “you share the water and the germs in it with every
4
163
person who enters the pool. This means that just one person with diarrhea can easily contaminate the
water. Chlorine kills RWI germs in the water, but it needs time to work. Without your help, even the
best maintained pools can spread germs”.
Public Education
First and foremost, all agencies have agreed to provide the same public education materials to their
users. This will be done by including information in seasonal activity guides and handouts/posters at
all facilities, as well as distribution to season pass holder and agency specific websites. Additional
information can be found at http://www.cdc.gov/healthywater/swimming/ including down-loadable
handouts and posters.
At a minimum, the following should be posted at all facilities:
●
●
●
●
●
●
Please do not swim when you have diarrhea. You can spread germs in the water and make
other people sick,
Please do not swallow pool water. Avoid getting water in your mouth.
Please practice good hygiene. Shower with soap and water before swimming and wash your
hands after using the toilet or changing diapers. Germs on your body end up in the water.
Please take children on bathroom breaks or check diapers often. Waiting to hear “I have to
to” may mean that it’s too late.
Please change diapers in a bathroom or a diaper-changing area and not at poolside. Germs
can be spread to surfaces and objects in and around the pool.
Please wash your child thoroughly with soap and water before swimming. Invisible amounts
of fecal matter can end up in the pool.
Additional Educational Resource Materials on Cryptosporidium
Brochures - http://www.cdc.gov/healthywater/swimming/resources/brochures.html
○ Healthy Swimming - English
○ Healthy Swimming - Spanish
○ Before you go to the Beach
Fact Sheet http://www.cdc.gov/healthywater/pdf/swimming/resources/cryptosporidiumfactsheet.pdf
○ Crypto and Swimming Pools
○ Also have fact sheets for: Giardia, Hot Tub Rash, Legionella, MRSA, Swimmer’s Ear, and
Swimmer’s Ear Prevention Tips
Podcast - http://www/cdc.gov/healthywater/swimming/resources/podcasts.html
○ CDC Kidtastics - Getting Along Swimmingly
○ Ask CDC: It’s OK to Go in the Water
○ Summer Swimming Safety, 1 min.
○ Summer Swimming Safety, 4:11 min.
Posters - http://www.cdc.gov/healthywater/swimming/resources/poster.html
○ Six “P-L-E-As” for Protection Against RWI
○ Six Steps for Healthy Swimming
○ Diarrhea and Swimming Don’t Mix
5
164
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○
○
○
○
○
Why Would You Drink the Water You Swim In?
Why Not Wash Your Hands?
There Are Some Things You Would Rather Not Share
Bathroom Break
Wanted - Saggy Diapers
Wash Your Baby
Video - http://www.cdc.gov/cdctv/SwimOfThings/
○ In the Swim of Things
NOTE - Alcohol-based hand gels and sanitizers do not kill Cryptosporidium (or “Crypto”) so they do not
help stop the spread of Crypto.
The appendix of this plan includes a poster approved by the Kansas City Metro Aquatics Council that
will be made available to participating agencies.
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Inter-Agency Communications Plan
By Nathan Nogelmeier, City of Fairway, KS

When the Johnson County Departments of Public Health and/or Environment confirm
a swimming pool related case of Cryptosporidiosis at:
A. Private/Semi-private Facility
If either the Johnson County Department of Public Health (JCPH) or the Johnson County
Department of Environmental (JCDE) confirm a case of Cryptosporidiosis with a potential
link to a private/semi-private swimming pool, located within a Johnson County city, the
confirming Department will notify the appropriate City personnel as soon as reasonably
possible. The confirming Department will inform City staff of the approximate location
(nearest major intersection) of the confirmed case. Once notified, City staff will distribute
the information as soon as reasonably possible to adjacent cities (if applicable) so
enhanced education/awareness efforts can be implemented at each facility.
B. Public/Municipal Facility
If either the Johnson County Department of Public Health (JCPH) or the Johnson County
Department of Environmental (JCDE) confirm a case of Cryptosporidiosis with a potential
link to a public/municipal swimming pool, located within a Johnson County city, the
confirming Department will notify the appropriate City personnel as soon as reasonably
possible. The confirming Department will then notify ALL public/municipal facilities located
in Johnson County as soon as reasonably possible so enhanced education/awareness
efforts can be implemented at all public/municipal facilities in the county.

When a public or municipal facility is informed by a patron that the patron has a
physician confirmed case of Cryptosporidiosis and has recently utilized the facilityIf a public or municipal facility is informed by a patron that he/she has a physician confirmed
case of Cryptosporidiosis, agency personnel will notify JDPH and JCDE as soon as
reasonably possible to verify that a physician confirmed case has been reported. Agency
personnel will notify, as soon as reasonably possible, adjacent cities (if applicable) so
enhanced educations/awareness efforts can be implemented at each facility.
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166
Inter-Agency Response Plan
After a meeting with the Johnson County Department of Health and Environment representatives, the
park and recreation professionals working on the task force felt that in the process of due diligence, it
would be beneficial to each agency to establish an Inter-Agency Response Plan to be implemented in
the event of a confirmed Crypto (or other applicable contagious disease) diagnosis or outbreak. The
plan is as follows:
 Stage One (one agency reporting)
Case-confirmed facility(ies) implements closure and hyper chlorination procedures per CDC
guidelines. Agency reopens when chemicals return to normal. All agencies enhance
education/awareness efforts.
 Stage Two (two or more agencies reporting with multiple cases; County acknowledges an
“Outbreak”)
Case-confirmed facilities implement closure and hyper chlorination procedures per CDC guidelines. All
agencies enhance education/awareness efforts.
 Stage Three (Mass closure “recommended” by County)
Agencies will implement closure and initiate hyperchlorination procedures per CDC guidelines. Agency
facilities will remain closed for a length of time to be determined by the participating agencies, in
consultation with the County. All agencies will enhance education/awareness efforts.
Information/Assistance Provided by Johnson County KS,
Department of Health and Environment
By Ryan Lester, Johnson County Department of Health and Environment and
Christy Humerickhouse, City of Mission, KS
Representatives from the Johnson County Department of Health and Environment were invited to
participate in the outbreak and response plan development process. These representatives shared
with the park and recreation professionals that they follow the Kansas Department of Health and
Environment standards and protocols when instructing agencies or groups on how to respond to a
confirmed case of Crypto.

The Johnson County Department of Health and Environment takes every confirmed and/or
suspected Recreational Water Illness case very seriously, regardless of the specific RWI.

The Johnson County Department of Health and Environment communicated to the park and
recreation professionals that the health department’s role in a Crypto outbreak event will be
that of “advisory”. Furthermore, they will follow the procedure that every confirmed case or
outbreak is “situational” and that their advised response procedures will be case/outbreak
dependent. The chances of the health department requiring a county-wide shutdown at any
point is “highly unlikely”.
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167
Media Response Statement
By Lauren Ozburn, City of Lenexa, KS
Key Messages:

The (your agency here) is dedicated to the health and safety the community.

The KC Metro Area Communities Cryptosporidiosis Outbreak Prevention and Response Plan
is not required to be adopted by any governing agency; however, (our agency) or (many metro
agencies) have adopted this pro-active plan of action to promote the health and safety of our
patrons and community.

General Information:
-
RWI’s can make people sick
Crypto is a parasite that affects the gastrointestinal system
Crypto is carried in feces
Crypto can be spread long before and long after symptoms start
It takes time for chlorine to work on germs like Crypto; it takes everyone to help
protect the pool water.
If you, or one of your family members, have diarrhea, go to the doctor and have a
crypto specific test taken. The only way to know if you have it is to ask for the
appropriate tests.
Talking Points:
What “you” (members of the public) can do - Steps to prevent:
● Don’t swim with diarrhea or- if you have had diarrhea within the last 2 weeks
● Don’t swallow pool water
● Wash your body before swimming
● Check diapers often and change in restroom
● Take frequent bathroom breaks
What the agency will do - Steps to prevent:
● Water chemistry is monitored frequently throughout the day and chemicals are kept at
a recommended level.
● Rules will be enforced to protect water safety.
If one or two agencies are notified of a confirmed case:
● Affected agency(s) will close for the specified period of time recommended by the
JOCO health department (typically 12 hours) and elevate chemical levels for that
period of time.
● Agency(s) will re-evaluate with the health department after the specified period of time
to determine opening status and procedures.
If more than two agencies are notified of confirmed cases:
●
To protect the safety of the public at large, the JOCO Health Dept. has issued a strong
recommendation for all pools in the county to close and implement hyperchlorination
procedures.
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168
●
●
The recommended period of closure is (___) days.
We will follow the recommendations of the JOCO Health Dept. to maintain safety
standards.
Other Recreational Water Illnesses to Be Aware Of
From the Center for Disease Control
Giardia 3 (gee-ARE-dee-uh) is a germ that causes diarrhea. This germ is found in the
fecal matter of a person who has been infected by Giardia. It has a tough outer shell that
allows it to survive for up to 45 minutes, even in properly chlorinated pools.
The disease caused by infection with the germ Giardia is called giardiasis. Giardia is
microscopic, so it can’t be seen with the naked eye.
Legionella 4 (LEE-juh-nell-a) is a germ that can cause a type of pneumonia called
legionellosis, more commonly known as Legionnaires’ disease. Legionella is microscopic,
so it can’t be seen with the naked eye.
Staphylococcus aureus 5 ("staph") is a germ that often lives in the nose or on the skin
of healthy people. MRSA, short for methicillin-resistant Staphylococcus aureus, is a type
of staph germ that is resistant to certain antibiotics.
In the community, most MRSA infections are skin infections (pustules, boils) that may
be:
● Mistaken for spider bites
● Red, swollen, painful, warm to the touch, and have pus or other drainage
● Accompanied by a fever
MRSA does not survive long in recreational water (for example, pools or hot tubs) that
has proper disinfectant (chlorine) and pH levels. There have been no reports of MRSA
spreading through contact with recreational water. However, MRSA can be spread at
recreational water facilities and other places by direct and indirect contact with infected
persons. Direct contact can happen when you touch another person’s MRSA infection.
Indirect contact can happen when you share items (like towels or razors) or touch
surfaces (like hand rails or locker room benches) contaminated with MRSA. MRSA is most
likely to spread when it comes into contact with an uncovered cut or scrape.
10
169
Recommended Treatment for a Crypto Contaminated Pool 2
Center for Disease Control
Hyperchlorination to Kill Cryptosporidium*
Cryptosporidium (or “Crypto”) is a chlorine resistant parasite, so even well-maintained pools, water
parks, and interactive fountains can be a venue to spread Crypto among swimmers. If an outbreak of
Crypto infections occurs in your community, the health department might ask you to hyperchlorinate.
Additionally, to help keep Crypto levels in the water low, you might choose to hyperchlorinate regularly
(for example, weekly). If necessary, consult an aquatics professional to determine and identify the
feasibility, practical methods, and safety considerations before attempting to hyperchlorinate.
Step 1: Close the pool to swimmers. If you have multiple pools that use the same filtration system all
pools will have to be closed to swimmers and hyperchlorinated. Do not allow anyone to enter
the pool(s) until hyperchlorination is completed.
Step 2: Raise the free chlorine concentration (see table below) and maintain pH at 7.5 or less and the
temperature at 77°F (25°C) or higher.
Cryptosporidium Inactivation Time for Diarrheal Contamination
Chlorine Levels (mg/l)
Disinfection Time
1.0
15,300 minutes (255 hours)
10.0
1,530 minutes (25.5 hours)
20.0 †
765 minutes (12.75 hours)
Step 3: Achieve a contact time (CT) inactivation value of 15,300 to kill Crypto. The CT inactivation
value refers to the concentration of free chlorine in parts per million (ppm) multiplied by time in
minutes at a specific pH and temperature (see footnote § for guidance if chlorine stabilizer is
used).
Step 4: Confirm that the filtration system is operating while the water reaches and is maintained at the
proper chlorine level for disinfection.
Step 5: Backwash the filter thoroughly after reaching the CT inactivation value. Be sure the effluent is
discharged directly to waste and in accordance with state or local regulations. Do not return
the backwash through the filter. Where appropriate, replace the filter media.
Step 6: Allow swimmers back into the water only after the required CT inactivation value has been
achieved and the free chlorine and pH levels have been returned to the normal operating
range allowed by the state or local regulatory authority.**
*Check for existing guidelines from your local or state regulatory agency before use. CDC
recommendations do not replace existing state or local regulations or guidelines.
11
170
† Many conventional test kits cannot measure free chlorine levels this high. Use chlorine test strips
that can measure free chlorine in a range that includes 20 - 40 ppm or mg/L (such as those used in the
food industry) or make dilutions for use in a standard DPD test kit using chlorine-free water.
¶ Shields JM, Hill VR, Arrowood MJ, Beach MJ. Inactivation of Cryptosporidium parvum under
chlorinated recreational water conditions. J Water Health 2008;6(4):513–20.
§ Crypto CT inactivation values are based on killing 99.9% of Crypto. This level of Crypto inactivation
cannot be reached in the presence of 50 ppm chlorine stabilizer, even after 24 hours at 40 ppm free
chlorine, pH 6.5, and a temperature of 77°F (25°C). Extrapolation of these data suggest it would take
approximately 30 hours to kill 99.9% of Crypto in the presence of 50 ppm or less cyanuric acid, 40
ppm free chlorine, pH 6.5, and a temperature of 77°F (25°C) or higher. Shields JM, Arrowood MJ, Hill
VR, Beach MJ. The effect of cyanuric acid on the chlorine inactivation of Cryptosporidium parvum in
20 ppm free chlorine. J Water Health 2009; 7(1):109–114.
** CDC does not recommend testing the water for Crypto after hyperchlorination is completed.
Although hyperchlorination destroys Crypto’s infectivity, it does not necessarily destroy the structure of
the parasite.
The CDC’s fecal response plan can be found at:
http://www.cdc.gov/healthywater/pdf/swimming/pools/hyperchlorination-to-kill-cryptosporidium.pdf
12
171
CITY OF ____________________
RESOLUTION NO. ______- 2012
A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF
___________________________, KANSAS, ADOPTING THE REGIONAL
CRYPTOSPORIDIOSIS OUTBREAK EDUCATION AND ACTION PLAN
WHEREAS, each year, nearly 1,000,000 visits are made to publicly owned swimming pools in
Johnson County, KS and more than 2,000,000 visits are made to publicly owned swimming pools in
the Kansas City Metro area; and
WHEREAS, Parks & Recreation professionals across the Kansas City Metro area recognize the
importance of providing opportunities for safe and healthy swimming; and
WHEREAS, preventing Cryptosporidiosis and other Recreational Water Illness outbreaks through
public education and awareness efforts is a priority for Parks & Recreation professionals and Public
Health officials; and
WHEREAS, lessons learned from a recent community-wide cryptosporidiosis outbreak underscore the
importance of pre-planning with good communication and rapid, consistent action.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
________________, KANSAS, that the attached Cryptosporidiosis Outbreak Education and Action
Plan is adopted as an effective way to prepare for, and respond to, a regional outbreak of
Cryptosporidiosis.
Adopted by the Governing Body this ____ day of ______, 2012.
APPROVED AND SIGNED by the Mayor this ___day of ______, 2012.
_________________________________________
Mayor
ATTEST:
_____________________________________
City Clerk
_____________________________________
City Attorney
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172
Participating Park and Recreation Professionals and Agencies
Armstrong, Jim
Johnson Co. (KS).
Parks & Recreation Dist
[email protected]
Casper, Caroline
Water’s Edge Aquatic Design
[email protected]
Claxton, Chris
City of Leawood, KS
[email protected]
Curran, Kim
City of Leawood, KS
[email protected]
Dean, David
City of Lee’s Summit, MO
[email protected]
Engel, Chris
City of Prairie Village, KS
[email protected]
Ford, Beau
City of Spring Hill, KS
[email protected]
Gibbs, Jimmy
City of Lawrence, KS
[email protected]
Goin, Jason
Spring Hill (KS) Recreation Comm.
[email protected]
Grosdidier, Dawn
City of Lenexa, KS
[email protected]
Harger, Melinda
Water’s Edge Aquatic Design
[email protected]
Hayden, Susan
City of Merriam, KS
[email protected]
Holopirek, Adraina
City of Gardner, KS
[email protected]
Humerickhouse, Christy
City of Mission, KS
[email protected]
Keenan, Sean
City of Shawnee, KS
[email protected]
Knabe, Konni
City of Olathe, KS
[email protected]
Lecuru, Tonya
City of Shawnee, KS
[email protected]
Lester, Ryan
Johnson Co. (KS) Government
[email protected]
Letts, Darla
Blue Valley Recreation Comm.(KS)
[email protected]
Montemayor, Jim
Commercial Aquatics
[email protected]
Nogelmeier, Nathan
City of Fairway, KS
[email protected]
Ozburn, Lauren
City of Lenexa, KS
[email protected]
Pollock, Shelly
City of Leawood, KS
[email protected]
Smith, Jende
City of St. Joseph, MO
[email protected]
Snook, Joe
City of Lee’s Summit, MO
[email protected]
Tausz, Nancy
Johnson Co. (KS) Government
[email protected]
Toben, Bryan
City of Overland Park, KS
[email protected]
14
173
Resources, References, and Documents
1. http://www.mayoclinic.com/health/AboutThisSite/AM00057
2. http://www.cdc.gov/healthywater/pdf/swimming/pools/hyperchlorination-to-killcryptosporidium.pdf
3. http://www.cdc.gov/healthywater/pdf/swimming/rwi/illness/giardia.html
4. http://www.cdc.gov/healthywater/pdf/swimming/rwi/illness/Legionella.html
5. http://www.cdc.gov/healthywater/pdf/swimming/rwi/illness/mrsa.html
15
174
CITY OF SHAWNEE
PACKET MEMORANDUM
TO:
FROM:
Jeremy Gerdes, Inventory Control Specialist
DATE:
April 26, 2012
SUBJECT:
Approval of Unit Price Agreement Extension for Ice Control Salt
BACKGROUND
The 2012 Budget contains funding for the purchase of ice control materials used during emergency snow
removal operations. Due to past difficulties in receiving salt deliveries in a timely manner during the winter
season, area Public Works Departments, including our department, maintain on-site storage of ice control
salt to m inimize the need for deliveri es duri ng the wi nter season. The Cit y of Sha wnee has availa ble
storage space to keep 8,800 tons of ice control salt on-site.
DISCUSSION
During the 2 011-2012 wi nter sea son, 678 ton s of salt were used of the 8,80 0 tons availabl e in on-site
storage. Due to minimal need for salt last season, staff does not find it nece ssary to make a preseason salt
purchase to replenish inventory levels to 8,800 tons for the 2012-2013 winter season. In previous years, the
initial inventory has been between 8,000 - 8,800 tons of salt, so beginning the season with 8,122 tons in
storage will be sufficie nt. Additional purchases may be required during the 2012 – 2013 winter season if
the amount of salt in our on-site storage significantly drops.
Central Salt LLC has offered to ext end their previous price agreement for ice control salt for an additional
year. Central Salt LLC has been th
e lowest bid at $48.23/to n for the pa st two years. This y ear,
municipalities in the m etro area are receiving bids for sa lt purchases with sim ilar prices to t hose received
last year. Prairie Village opened bids for salt last month and had a low bid of $49.75/ton. Central Salt
LLC has bee n satisfactory in deliveries and billing. This addendum will extend the current agreem ent,
including technical specifications and delivery requirements until May 1, 2013.
Ice control salt is purchased from the Field Ope rations Division General Fund budget. There is $422,500
allocated for salt purchases in this fund for 2012. The proposed revisions to the 2012 budget would reduce
this amount to $65,000.
RECOMMENDATION
Staff recommends the Governing Body approve the Addendum to the Agreem ent with Central Salt LLC
for salt purchases through May 1st, 2013 at a unit price of $48.23 per ton.
175
176
177
178
CITY OF SHAWNEE
PACKET MEMORANDUM
TO:
FROM:
Tammy Snyder, Engineering Technician Senior
DATE:
April 19, 2012
SUBJECT:
Extension of 2011 Tree Trimming Pricing Agreement
BACKGROUND
In 2004, the Public Works Department created an annual tree trimming contract to assist with inhouse tree trimming that was beyond the capabilities of our maintenance crews. The scope of the
contract has been expanded over the years to in clude an em ergency tree debris removal section.
The purpose of the contract is to establish agreed upon prices for routine tree trimm ing and
emergency tree debris rem oval without the need for soliciting quotes each tim e the service is
necessary. Additionally, if a significant wind event or natural disaster were to occur in our area
we will have an on-call contractor that will assist us with our immediate needs.
The Governing Body approved the 2011 Tree Trimming Contract on May 9, 2011. The contract was
awarded to the lowest responsible bidder.
DISCUSSION
Custom Tree Care, Inc. successfully met the requirements of the 2011 Tree Trimming Contract. They
provided mulching and haul ing services for the City two tim es when the tr ee limb drop off site w as
opened and also provided tree trimming services th roughout the year. The current cont ract provides
the option to enter in to an Addendum to extend the tim e period for another year with a not to exceed
increase of 3% at the ag reement of both parties. The Contractor and the Public W orks Department
would like to extend the 2011 Tree Trimming Contract for the 2012 season. This is not an extension
of a contract amount; it is the extension of a contract pricing agreement.
The City spent $53,300 on tree trimm ing, emergency services and m ulching and hauling services in
2011. Custom Tree Care, Inc. has re quested a three pe rcent increase for 2012 due to an increase in
fuel costs. Staff has reviewed th e request and agrees a 3% increase for the 2 012 season is appropriate
due to current inflation rate. These services are paid from the Field Operations Division General Fund
budget. There is $163,500 in the 2012 Budget f or Land Im provement Maintenance to cover these
services and other land maintenance activities.
RECOMMENDATION
Staff recomm ends that the Governing Body a
pprove and authorize th e Mayor to sign an
Addendum to the pricing agreem ent from 20 11 by Custom Tree Care, Topeka, Kansas, to
perform the work, as required, for the
2012 Tree Trimm ing and Em ergency Tree Debris
Removal Contract.
179
180
2012 TREE TRIMMING CONTRACT AGREEMENT
ADDENDUM NUMBER ONE
FOR THE
2011 TREE TRIMMING CONTRACT AGREEMENT
This Addendum to the Agreement of these parties, amends, supplements and, to the
extent inconsistent therewith, supersedes that certain Agreement entered into between
these same parties, dated the 9th day of May, 2011, by and between the City of
Shawnee, Kansas (“City”) and Custom Tree Care, Inc. (“Contractor”).
WHEREAS, the parties determine it is necessary to clarify provisions related to their
Agreement that relate to a negotiated cost increase and bond requirements.
NOW THEREFORE, in consideration of the mutual promises set forth below, it is
agreed:
The Agreement dated the 9thd day of May, 2011 is hereby amended to include the
following:
1.
In accordance with Article V of the Agreement, the parties agree to renew the
effective term of one (1) year from the effective date of May 9, 2011, to include
an additional one (1) year term with an effective date of May 14, 2012.
2.
In accordance with Article V of the Agreement, the parties negotiated a 3%
increase in Unit Prices. The Unit Prices effective May 14, 2012, shall be as set
forth in Attachment A and are hereby incorporated into the Agreement.
3.
The parties agree the unit prices set forth in the Agreement and agreed to by this
Addendum represent the Unit Price to be paid to the Contractor for work that is
performed by the Contractor at the request of the City. The Unit Prices reflect a
rate of compensation for the work that is expected to be requested by the City,
and the estimated quantities in the Bid Proposal were for bid comparison
purposes only. The estimated quantities do not represent work that has been
requested by the City or that is promised to be performed by the Contractor.
Accordingly, Contractor only guarantees he or she will perform work in
accordance with the Contract Documents at the agreed upon Unit Price when
requested to do so by the City. Any performance bond required by the Contract
Documents is therefore unwarranted and impractical, and hereby removed as a
condition of the Contract Documents.
1
181
All other terms and provisions of the Contract shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Addendum on this 14th day of
May, 2012, which date shall be the effective date of this Addendum.
By: __________________________________
Jeff Meyers, Mayor
CONTRACTOR
By: __________________________________
Print name: ____________________________
Title: _________________________________
2
182

Carol Gonzales, City Manager FROM

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